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1 October, 2026Canadian unions, including IndustriALL affiliates Unifor and the United Steelworkers (USW), are fighting a new bill which would let the federal government stop lawful strikes using a vague "national interest" test. The bill comes just months after the International Court of Justice confirmed that ILO Convention 87, ratified by Canada, protects the right to strike.
The Canadian government of prime minister Mark Carney tabled the Building Canada Strong Act, Bill C-39, in September. Among other things, it amends section 107 of the Canada Labour Code. This covers federally regulated industries such as rail, ports, airlines, telecommunications and postal services.
Section 107 already gives the minister responsible for labour broad powers to intervene in disputes. The bill would write these powers into law in more explicit terms. Once a legal strike or lockout has started, the minister could direct the Canada Industrial Relations Board to order a return to work, extend a collective agreement or impose binding arbitration.
A special mediator must first report on the dispute. The final decision rests with the minister, who only needs to consider that the stoppage “adversely affects or may adversely affect the national interest”. The bill does not define the national interest and, as the Canadian Labour Congress points out, no independent body has to agree before the minister acts.
Unifor national president Lana Payne said:
“These proposed amendments give special authority to the minister of labour to override the ability of workers to exercise their right to strike.”
Unifor supports parts of the bill but strongly opposes the expanded section 107 powers and the national interest test.
The government says the changes will modernize labour relations. Unions warn the bill will weaken the right to strike. Since 2023 the federal government has used section 107 about ten times to end disputes or send them to arbitration.
Several of these interventions are now being challenged in court as violations of the freedom of association guaranteed by the Canadian constitution.
USW national director Marty Warren said:
“The right to strike is a red line. Section 107 should be repealed, not rewritten to make it easier for the government to intervene in legal strikes.”
Warren warned that once a minister can end a strike, employers have little reason to compromise at the bargaining table.
Unions also warn of a deeper contradiction: the economic pressure that makes a strike effective could itself become one of the reasons used to justify government intervention.
International law is clear
In May, four months before the bill was tabled, the International Court of Justice issued a landmark advisory opinion. The court found that “the right to strike of workers and their organisations is protected under ILO Convention No. 87”.
The Canadian Labour Congress has said that it intends to file a complaint with the ILO Committee on Freedom of Association if the bill passes with its proposed restrictions.
IndustriALL general secretary Atle Høie said:
“The International Court of Justice has made it clear that the right to strike is protected under international law. Canada cannot claim to respect ILO Convention 87 while giving a single minister the power to end any lawful strike they choose. We stand with our affiliates and all Canadian workers in demanding that Parliament remove these restrictions from Bill C-39.”