On April 24, 2025, the Minister of Labour tabled Bill 101 (“Bill 101”) [1], entitled An Act to Improve Certain Labour Laws. This bill proposes a series of legislative and regulatory amendments to Quebec’s labour law framework, aimed in particular at maintaining the effectiveness, fairness, and consistency of various aspects of the laws governing the world of work.
Among the most significant amendments are those affecting the grievance arbitration process provided for under the Labour Code. The legislator introduces new time limits and mechanisms designed to promote the expeditious conduct of proceedings and to foster early dispute resolution through mediation.
The purpose of this article is to outline the main changes proposed with respect to grievance arbitration, as well as other measures introduced under Bill 101.
Amendments to the Labour Code
Among the proposed amendments to the Labour Code[2] (“L.C.”), the following changes are contemplated with respect to grievance arbitration:
The party filing a grievance will be required to appoint an arbitrator within six (6) months of filing the grievance. If no arbitrator is appointed within this timeframe, the party having filed the grievance must, within ten (10) days following the end of this period, request that the Minister of Labour proceed with the appointment of an arbitrator. If the party fails to do so, it will be deemed to have withdrawn the grievance;
The first hearing day of the grievance must begin within one (1) year of its filing. This period may be extended only once, if both parties jointly request an extension and the appointed arbitrator consents[3];
The parties will be required to consider mediation before proceeding to grievance arbitration. Unless the parties agree otherwise, the mediator appointed to the file may not subsequently act as the arbitrator in the same matter if the mediation proves unsuccessful[4];
The arbitrator may, on their own initiative, convene a pre-hearing conference during which the parties will have the opportunity to discuss various case management measures intended to facilitate the efficient conduct of the hearing. These may include the identification of issues in dispute, the respective positions of the parties, anticipated witnesses on both sides, the possibility of admitting certain facts, and the exchange of any documentary evidence. A pre-hearing conference must also be held if either party requests it[5];
Unless circumstances warrant urgency or the arbitrator orders otherwise in the interest of sound administration of justice, both the employer and the union will henceforth be required to provide each other and the arbitrator with copies of their exhibits and any other evidence in advance of the hearing, within the timeframes set during the pre-hearing conference or at least 30 days before the start of the hearing [6].
Financial Transparency of Unions
Bill 101 also provides for amendments to the Labour Code and to the Act respecting labour relations, vocational training and workforce management in the construction industry[7], with the objective of strengthening the financial transparency of union associations. These amendments would require unions to annually present audited financial statements, prepared in accordance with generally accepted accounting principles, to their members at a general assembly. Furthermore, a copy of these audited financial statements must be provided, free of charge, to any member who requests one[8].
The requirement to produce audited financial statements will generate additional costs for union organizations, as it entails conducting audits to verify the accuracy of reported assets and liabilities.
Amendments to the Act respecting industrial accidents and occupational Diseases
Bill 101 also introduces amendments to certain provisions of the Act respecting industrial accidents and occupational diseases[9] in order to correct and update specific situations provided for under the occupational injury compensation scheme.
Accordingly, it is provided, among other things, that a corporate officer may no longer be excluded from the definition of “worker” for coverage purposes when personally performing work for a person other than the one for whom they hold the status of officer[10]. This amendment is intended, for illustrative purposes, to address the phenomenon known as “Chauffeur Inc.” [11] in the trucking industry, by extending occupational injury compensation coverage to such individuals when they suffer a work-related injury. This change effectively resembles a lifting of the corporate veil to extend protection to individuals acting as officers in particular circumstances.
Bill 101 also revisits certain rules governing the determination of the gross income considered for the purpose of calculating a worker’s income replacement indemnity, as well as its subsequent adjustment[12].
Furthermore, the Bill introduces a provision requiring the CNESST to offer, in certain specified cases, the possibility of entering into a negotiation process aimed at resolving disputes that are the subject of an administrative review application. This mechanism would notably apply to disputes concerning a worker’s entitlement to an income replacement indemnity, or the worker’s capacity to perform their employment[13], or an equivalent or suitable employment. The purpose of this measure is to foster a faster return to work for the affected workers.
Amendments to the Act respecting labour standards
Bill 101 introduces amendments to the Act respecting labour standards[14] to allow any employee to be absent from work without pay when, due to a public health decision[15], a disaster[16], or the imminent occurrence of such an event, they are prevented from performing their work duties[17].
The Bill also eases eligibility requirements and strengthens the provisions governing unpaid leave for military reservists[18].
Amendments to the Act respecting occupational health and safety
Bill 101 amends the Act respecting occupational health and safety[19] by allowing an employer to claim reimbursement from the CNESST for a portion of the salary paid to a pregnant or breastfeeding worker who has been reassigned to other duties[20].
The Bill also introduces a new chapter to the Act respecting occupational health and safety establishing specific provisions applicable to certain establishments in the education and health and social services sectors. These provisions notably address the minimum amount of time that a health and safety representative must dedicate to specific duties, while also clarifying the respective roles and responsibilities of both the health and safety committee and the representative. In addition, it specifies that the minimum time to be allocated to the representative will vary according to the number of workers in the establishment[21].
Amendments to the Act to modernize the occupational health and safety regime[22]
Bill 101 postpones by one year the deadline for the implementation of the provisions relating to prevention and participation mechanisms under the Act respecting occupational health and safety, initially scheduled to come into force on October 6, 2025[23].
Amendments to the Act to establish the administrative Labour Tribunal
Bill 101 adds a provision to the Act establishing the Administrative Labour Tribunal[24] to provide that only a person authorized by the Tribunal may access a file from the Occupational Health and Safety Division containing medical information that is confidential in nature and whose disclosure could cause harm to an individual [25].
Amendments to the Professional Syndicates Act
In order to comply with the Superior Court’s decision[26] regarding the unconstitutionality of excluding non-Canadian citizens from forming a professional union, Bill 101 amends the Professional Syndicates Act[27] by abolishing the Canadian citizenship requirement for individuals wishing to establish, manage, or work within a professional union[28].
Finally, Bill 101 increases the fine amounts under the Labour standards Act[29] and the L.C., including the addition of a specific fine for obstructing the work of an inspector investigating the use of replacement workers. Moreover, penal sanctions under the Act respecting industrial accidents and occupational Diseases[30] are strengthened in cases of breach of confidentiality in a workplace injury file involving physical or psychological violence, including sexual violence[31].
