Bill 101: Several proposed amendments to improve certain labour laws in Québec

This article was updated on Oct. 24, 2025.

On April 24, Québec’s Labour Minister Jean Boulet introduced Bill 101, entitled An Act to improve certain labour laws.

This ambitious Bill proposes to amend several labour laws and legal regimes, including the Labour Code,[1] the Act respecting labour standards,[2] the Act respecting occupational health and safety,[3] the Act respecting industrial accidents and occupational diseases,[4] as well as other related laws.

The objective is to strengthen equity, improve efficiency, and ensure greater consistency in the legal framework applicable to workplaces in Québec.

While the Bill has not passed yet and no coming-into-force date has been announced, what follows is an overview of the key proposed amendments.

Key legislative changes

Labour Code

To speed up the grievance arbitration process and ensure its efficiency, Bill 101 introduces major changes:

• A new time limit of up to six months for a party who files a grievance to designate an arbitrator. Failure for this party to do so within the allotted time, they must request the Labour Minister to designate one within 10 days of the time limit.
• The date of the first grievance hearing must fall within one year of the grievance’s filing.
• The arbitrator may convene a pre-hearing conference ex officio or if either party requests it. At this conference, the parties will have to agree on the deadlines for the production of evidence. In the absence of a pre-hearing conference, this evidence must be disclosed at least 30 days before the hearing, unless an urgent situation arises or unless otherwise decided to ensure the proper administration of justice. Bill 101 thus introduces for the first time an obligation to disclose evidence in grievance arbitration.

Bill 101 also introduces an obligation for the parties to consider mediation before resorting to arbitration. However, if the parties choose this type of settlement, the mediator will not subsequently be able to act as an arbitrator.

In addition, Bill 101 provides for an amendment to the Labour Code to require unions to submit their audited financial statements to their members annually, thereby enhancing union transparency.

Finally, this bill amends certain penal provisions by increasing the number of fines, more particularly in cases where the action of an investigator is impeded or hindered, in case negotiations are conducted in bad faith or in the event replacement workers are used.

Act respecting labour standards

The amendments proposed by Bill 101, would allow employees to take a leave of absence without fear of losing their job, for reasons related to either public health or civil security, particularly in the context of a pandemic.

This measure is intended to allow employees to take leave without fear of reprisal when they comply with a recommendation, decision or order issued under the Public Health Act[5], the Quarantine Act,[6] the Emergencies Act[7] and the Act respecting civil protection to promote disaster resilience.^[8] The leave of absence will be considered justified, even if it is unpaid.

Adjustments are also being made to facilitate access to leave without pay for Canadian Armed Forces reservists.

Act respecting industrial accidents and occupational diseases

Bill 101 proposes amendments to certain rules governing how a worker’s gross income is determined for the purpose of calculating income replacement indemnities, particularly in the event of a recurrence, a relapse or an aggravation.

It also amends the definition of the term "worker" in paragraph 4 of section 2 of the Act respecting industrial accidents and occupational diseases, by extending its application to the executive officer of an organization, when they personally perform work for a person other than the person for whom they hold the status of executive officer.

Bill 101 also introduces a negotiation process to resolve disputes arising from applications for administrative review, particularly those relating to the right for workers to income replacement indemnities and their ability to perform their job or suitable employment, with the objective of promoting their return to work.

Finally, Bill 101 also proposes an increase in fines for certain penal offences under the Act respecting industrial accidents and occupational diseases, namely in the event of a violation of the provisions ensuring the confidentiality of files involving an employment injury in a context of physical or psychological violence, including sexual violence.

Act respecting occupational health and safety

Under Bill 101, an employer who assigns a pregnant or breastfeeding worker to other duties, will be able to claim in the following year, partial compensation of the wages paid, if the worker was assigned to a position for which the wage is usually lower than that paid to them. This measure is intended to encourage and promote the reassignment of pregnant or breastfeeding workers.

In addition, new rules relating to prevention and worker participation mechanisms in certain health and education establishments are added to the law and will determine:

• The minimum amount of time that a health and safety representative may devote to specific duties, based on the number of workers in the establishment.
• The functions of committees.
• The functions of representatives.

An Act to establish the Administrative Labour Tribunal[9]

Bill 101 adds a provision to ensure that only persons authorized by the Administrative Labour Tribunal may access the records from the Occupational Health and Safety Division containing sensitive information relating to a person's physical or mental health, when such information is deemed confidential and its disclosure could cause them harm.

Conclusion

Bill 101 was adopted in principle last June and is currently at the committee stage.

This bill proposes modernization of Québec’s labour and employment laws, to align them with today’s challenges. In unionized workplaces, the addition of an obligation to disclose evidence and the regulation of arbitration deadlines will require employers to prepare for hearings more promptly.

In non-unionized environments, the amendments to the Act respecting labour standards may require some employers to review their policies on leave of absence and absenteeism.

We will be closely monitoring the final stage of the bill and when it will come into effect.

For more information about the impact of Bill 101 on your business, please contact a member of Gowling WLG's Employment, Labour & Equalities team.