Publication
Regulation Around the World: Open Finance
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Author:
Canada | Publication | June 13, 2025
Upcoming changes to federal labour laws will prohibit employer engagement of replacement workers during labour disputes and will require employers and unions to negotiate essential services that will be maintained during work stoppages.
On June 20, 2025, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 will come into force. This legislation provides for significant changes to the law of federally regulated collective bargaining and labour disputes. As of that date, all federally regulated employers:
Both of these changes will require employers to revisit their approach to collective bargaining and labour disruptions. Negotiation of maintenance of services agreements will become a required part of the bargaining process, though disputes will likely still arise as to the scope of essential services. The ban on replacement workers may have a greater practical impact, particularly in industries where replacement workers have, in the past, been a viable means of business continuity during work stoppages. Protracted strikes or lockouts may now be more costly. Even employers who could not operate during a dispute but who continue some activities (maintenance, shut down, customer support, etc.) will need to consider who can be used to do what work after a dispute commences.
Replacement worker bans represent a shift in bargaining power away from employers and toward unions in the collective bargaining process. Should bargaining reach an impasse, a work stoppage represents not just a potential reduction in work, but potentially a total cessation of bargaining unit work. Any further expansion of replacement worker bans would be a significant development for employers.
Since the June 2024 adoption of Bill C-58, there have been two further expansions of replacement worker bans in Canada:
The outcome of this litigation may affect the territorial reach of replacement worker bans in other jurisdictions, including the federal jurisdiction. While the federal jurisdiction exists throughout Canada, similar reasoning might fetter an employer’s ability to relocate federally regulated bargaining unit work outside Canada during a work stoppage.
As of June 20, 2025, there will be four Canadian jurisdictions with replacement worker bans in place, and potentially an expansive interpretation of the territorial reach of those bans. Further developments in this area should be of significant interest to employers with unionized workforces, throughout Canada.
Our team continues to monitor new developments in Canadian labour legislation and case law and will publish further updates as developments arise.
Publication
In this issue of Regulation Around the World we look at how regulators are developing their proposals for Open Finance.
Publication
On 3 July 2025 the UK Takeover Panel (Panel) published PCP 2025/1: Dual class share structures, IPOs and share buybacks (Consultation) setting out a proposed framework for the application of the UK Takeover Code (Code) to companies with dual class share structures (DCSS companies).
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