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- 36. The Committee last examined this case, in which the complainants
alleged that the Public Service Essential Services Act (PSESA) and the Trade Union
Amendment Act (TUAA) in Saskatchewan impede workers from exercising their fundamental
right to freedom of association by making it more difficult for them to join unions,
engage in free collective bargaining and exercise their right to strike, at its March
2013 meeting [see 367th Report, paras 28–44]. On that occasion, the Committee requested
the Government to keep it informed of the decision of the Court of Appeal concerning the
appeal by the Government of the decision of the Court of Queen’s Bench that the PSESA
was unconstitutional and the appeal by the unions in relation to the court’s finding on
the constitutionality of the TUAA. The Committee also requested the Government to ensure
that the provincial Government take concrete steps to review the PSESA and the TUAA, in
full consultation with the social partners concerned, with a view to their amendment in
line with its previous recommendations. Finally, it requested the Government and the
complainants to provide information on any unfair labour practice applications which
might have been filed in this regard, as well as on the results of these
procedures.
- 37. In a communication dated 20 September 2013, submitted by the
Government of Canada, the provincial Government states that since the Government’s last
update, the Saskatchewan Court of Appeal has heard arguments from the parties and on 26
April 2013 rendered a unanimous decision of the five Justices of the Court of Appeal
that both PSESA and TUAA are constitutional. It further adds that since the decision of
the Court, the Saskatchewan Federation of Labour has sought leave to appeal to the
Supreme Court of Canada. At the time of writing, this application had not yet been
considered.
- 38. The provincial Government also indicates that it released a
consultation paper on 2 May 2013 which provided information on employment and labour
relations issues and requested feedback and advice on changes to the 12 pieces of
legislation for which the Ministry of Labour Relations and Workplace Safety is
responsible. The Government specifies that the paper was not an exhaustive list of
issues, but rather a starting point for a dialogue with interested parties. The decision
to undertake this significant legislative review was predicated on the philosophy that
Government has a responsibility for ensuring these laws remain current, responsive and
relevant to the needs of the people of the province. Some of these 12 pieces of
legislation had not been substantively reviewed since the early 1990s, while other
pieces have not been reviewed since the 1950s. As a result, the Acts have become
outdated and do not reflect today’s work environment. The Government states that its
goal was to modernize and simplify the legislation so it is easier to use and
understand; to eliminate inconsistencies; to reduce confusion and to clarify which
provisions apply in particular situations. As part of these consultations, the
Government sought input from the various unions and employers as well as the general
public.
- 39. The Government further underlines that this first round of
consultations consisted of a 90 day period from 2 May to 31 July 2012. During this
period, the Government received over 3,800 submissions from interested parties.
According to the Government, this was a significant increase in participation of
stakeholders and the general public on labour relations and employment-related
legislation. The result of these consultations was the introduction of The Saskatchewan
Employment Act (Bill 85) on 4 December 2012. With the introduction of Bill 85, the
Government commenced a second consultation process that started on the day of
introduction and concluded on 1 March 2013. These consultations resulted in 243
additional submissions which helped inform the Government of the unintended consequences
of the legislation.
- 40. The Government also indicates that in addition to these two phases of
consultations, additional dialogue with stakeholders occurred through the Minister’s
Advisory Committee on Labour Relations and Workplace Safety which consists of
representatives of employers, organized labour and the public interest. From 2 May 2012
to 10 April 2013, the Committee met with the Minister and Government officials on 19
occasions to discuss the existing and proposed legislation. The Government adds that
from the submissions received during the second consultation phase and the ongoing
dialogue with the Minister’s Advisory Committee the Government introduced 28 House
Amendments to Bill 85. It states that the result was legislation that is fair to
employees, employers and unions. The Government believes this consultation process has
provided ample opportunity for all stakeholders to provide input which has, according to
the Government, resulted in fair and balanced legislation.
- 41. The Committee takes note of the information provided by the
Government and of the Saskatchewan Court decision relevant to the issues in this case.
It further notes the Government’s indication that the Saskatchewan Federation of Labour
has sought leave to appeal to the Supreme Court of Canada of the decision of the Court
of Appeal for Saskatchewan rendered on 26 April 2013 that the PSESA and the TUAA were
constitutionally valid. The Committee understands that the appeal of the Saskatchewan
Federation of Labour has been granted and requests the Government to keep it informed of
the decision of the Supreme Court of Canada in this regard, and of any action taken as a
result, taking into account its recommendations concerning the amendments to be made to
these Acts.
- 42. In the meantime, the Committee also takes note of the Government’s
indication that extensive consultations with the relevant social partners took place
during the review of the 12 pieces of legislation for which the Ministry of Labour
Relations and Workplace Safety is responsible and that the decision to undertake it was
predicated on the philosophy that Government has a responsibility for ensuring these
laws remain current, responsive and relevant to the needs of the people of the province.
While taking due note of the extensive labour law review, the Committee observes from
the draft provided that neither the PSESA nor the TUAA were amended in line with its
recommendations given at its March 2010 meeting [see 356th Report, para. 384].
Therefore, the Committee once again requests the Government to ensure that the
provincial Government take concrete steps to review the PSESA and the TUAA, in full
consultation with the social partners concerned, with a view to their amendments in line
with its previous recommendations.
- 43. In the absence of any information provided with respect to its
recommendation on the establishment of appropriate appeal mechanisms concerning the
complainants’ allegations that a very large number of employees working in essential
services have been unilaterally designated as “essential workers”, the Committee once
again urges the Government to ensure that the provincial Government takes appropriate
measures, including through the establishment of appropriate appeal mechanisms which
have the confidence of the parties concerned, in order to limit the designation of
workers as “essential” to the strict minimum necessary to operate the essential services
in case of work stoppage, particularly in respect of trade union officers, in order to
ensure that the scope of the minimum service does not result in rendering the strike
actions ineffective. The Committee further requests the Government once again to ensure
that the provincial Government take steps, in consultation with the social partners
concerned, to establish compensatory mechanisms, such as independent and impartial
arbitration procedures that are binding on the parties concerned when they are unable to
conclude a collective agreement.
