Bill C-39: The Ordre des CRHA and CPHR Canada Call for Stronger Safeguards on the Use of Section 107

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Bill C-39: The Ordre des CRHA and CPHR Canada Call for Stronger Safeguards on the Use of Section 107

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MONTREAL, Oct. 29, 2026 /CNW/ -- The Ordre des conseillers en ressources humaines agréés du Québec and CPHR Canada have submitted a joint brief to the House of Commons entitled Strengthening Accountability and Clarifying the Scope of Exceptional Measures to Preserve Balanced Labour Relations, as part of the study of Bill C-39. In keeping with their respective mandates, the two organizations have focused their recommendations on Part 3 of the bill, particularly the use of section 107 of the Canada Labour Code, which has been invoked in recent years to intervene in labour disputes involving federally regulated employers.

CPHR/CRHA Canada Logo

"While ministerial intervention in a labour dispute may be justified under certain circumstances, it must remain exceptional and be exercised in accordance with the freedom of association protected by the Canadian Charter of Rights and Freedoms. The government must uphold the primacy of free collective bargaining and ensure that the balance of power between the parties is preserved. The recommendations set out in this brief are specifically intended to establish a clearer framework for the exercise of ministerial intervention powers, ensuring that they are used only when genuinely warranted in the public interest," said Manon Poirier, CRHA, Chief Executive Officer of the Ordre.

Eight Recommendations
CPHR Canada and the Ordre have put forward eight recommendations for amendments to Bill C-39. The key recommendations concern the appointment of the special mediator and the establishment of clearer parameters for the application of section 107. They recommend strengthening the special mediator's independence and legitimacy by having the Canada Industrial Relations Board (CIRB) recommend the appoint the mediator whenever the Minister requests it.

The organizations also recommend introducing stronger safeguards governing the use of section 107 by suggesting that the Minister justify any decision, considering the nature of the economic impacts, social disruption and implications for the right to freedom of association. To this end, the brief proposes that the Minister publish a report whenever section 107 is invoked, explaining the rationale for its use in light of these factors. Furthermore, to provide greater clarity around the concept of national interest, the brief recommends that the government establish, through regulation, key indicators against which social and economic impacts would be assessed.

"Our recommendations aim to ensure that government intervention in labour disputes is limited to situations where it is necessary, while safeguarding the independence of the special mediator provided for in the bill and establishing a clearer definition of the national interest when decisions are made. These measures are intended to ensure that section 107 is applied in a non-partisan manner," added Rola Helou, CRHA, Chief Executive Officer of CPHR Canada.

Read the Full Brief submitted to the legislative committee responsible for Bill C-39.

About the Ordre
With more than 12,000 certified professionals, the Ordre des conseillers en ressources humaines agréés is a leading authority on human resources management and workplace practices. It protects the public interest and contributes to the advancement of chartered HR professionals. Through its public advocacy, the Ordre plays a significant role in shaping the world of work in Quebec. It therefore actively contributes to maintaining a balance between organizational success and employee well-being. To learn more, visit ordrecrha.org.

About CPHR Canada
CPHR Canada represents 31,000 members in the Human Resources Profession across nine provinces and three territories in Canada. Established in 1994, CPHR Canada is the national voice on the enhancement and promotion of the HR Profession. With an established and credible designation and collaboration on national issues, CPHR Canada is proactively positioning the national human resources agenda and representing the Canadian HR Profession internationally. To find out more, visit cphr.ca.

SOURCE CPHR Canada / CRHA Canada