On October 28, 2025, the Act to Improve Certain Labour Laws was assented to by the Government of Quebec. This Act amends the Labour Code notably introducing significant changes to the procedural rules governing grievance arbitration.
Some provisions have been in force since October 28, 2025, while others will come into effect on October 28, 2026.
Provisions in force since october 28, 2025
Obligation to consider mediation
The Labour Code now requires parties to consider mediation in an attempt to resolve a grievance before proceeding to arbitration.
It further provides that, unless the parties agree otherwise, nothing said or written during a mediation session may be admitted as evidence before a court, an arbitrator or any body or person exercising judicial or quasi-judicial functions.
In addition, a mediator cannot be compelled to disclose information revealed to him or obtained in the course of his duties, nor to produce a document created or acquired during those duties before a court.
The Code also stipulates that a person who has acted as mediator in a grievance cannot serve as the arbitrator for that grievance unless the parties expressly consent.
Holding a management conference
The Labour Code already provided, in the third paragraph of section 100.2, that an arbitrator could, on his own initiative or at the request of a party, hold a preparatory conference with the parties prior to the grievance hearing.
The Labour Code now requires that the arbitrator to hold such a preparatory conference as soon as it is requested by a party.
Obligation to disclose evidence and the list of witnesses
Parties intending to file a document or other evidence at the hearing are now required to provide a copy to the other parties and to the arbitrator within the time limit agreed upon at the preparatory conference, or at least 30 days before the hearing begins. Exceptions to this requirement may be granted in urgent cases or if the arbitrator determines that a different timeline is necessary to ensure the proper administration of justice.
Additionally, the parties must disclose, within the same timeframe, the list of witnesses they intend to call and the list of those whose testimony they plan to present by affidavit, unless there are valid reasons for withholding their identities.
In all cases, the parties must ensure that they provide the arbitrator with proof that this information has been communicated to the other parties.
Provisions in effect as of October 28, 2026?
For all grievances filed on or after October 28, 2026:
- An arbitrator must be appointed within six months of the filing of a grievance.
- If an arbitrator is not appointed within this period, the party who filed the grievance must, within 10 days following the expiration of the six-month period, request that the Minister of Labour appoint an arbitrator. Failure to do so will be deemed a withdrawal of the grievance.
- However, the parties may apply to the Administrative Labour Tribunal to extend this deadline or to relieve a party of the consequences of non-compliance, provided that reasonable grounds for the failure are demonstrated.
- The hearing of a grievance must begin no later than one year after its filing.
- The arbitrator may, however, on his or her own initiative or at the request of a party, modify this time limit if he or she considers that the circumstances and the interests of the parties justify doing so.
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