Bill 101 (the “Bill”), which was passed on October 28, 2025, is an ambitious reform that significantly alters several Quebec labour laws. It imposes new procedural timelines, significantly increases penalties, and expands employees’ rights. Businesses will need to adapt—or risk hefty fines.

In this article, we lay out what your business needs to know to stay compliant and protect its interests.

1. Broader provisions around job-protected leave

The Act respecting labour standards now includes a section allowing employees to take leave (without pay) when they cannot attend work because of a public health decision or because of a disaster or its imminence. Employees must notify the employer of the absence as soon as possible and do what they can to limit the leave’s duration. The employer can request supporting documentation (except for a medical certificate) if it is warranted by, for example, the duration of the leave.

2. Grievance arbitration: Timelines, mediation, and disclosure of evidence

The Labour Code imposes the following stringent new guidelines:

  • An arbitrator must be designated to a grievance within six months of its filing. The party that filed the grievance has ten days after those six months have expired to ask the Minister to appoint an arbitrator or else they are presumed to have discontinued the grievance.
  • The parties must consider mediation before resorting to arbitration.
  • Grievances must be heard within one year of being filed.

The goal is to improve efficiency and help prevent the unexpected.

3. Health and safety: The CNESST’s new rights and responsibilities

The CNESST can establish building and safety standards for certain buildings. It can also authorize equivalent measures in certain cases.

The Bill additionally clarifies rules for how the employer can recover part of the salary it pays to a pregnant or breastfeeding worker who is reassigned to new duties when there is a difference in salary between the two positions.

Amendments to the Act respecting occupational health and safety add two new members to the CNESST’s board of directors:

  • one member chosen from the lists provided by the most representative union associations, and
  • one member representing the employers of the public and parapublic sectors. 

Special rules have temporarily been applied to education and health and social services sectors relating to health and safety committees and their representatives.

4. Industrial accidents: Stronger confidentiality protections and clearer status for executive officers

An executive officer who personally performs work for a person other than the person for whom they hold the status of executive officer may qualify as a “worker” for the purposes of an indemnity for an employment injury. The rules for calculating and revalorizing gross annual employment income, including in the event of an injury’s recurrence or aggravation, have been revised to favour the employee.

Fines have also been increased for offences involving confidential worker records, especially when they pertain to an injury that results from physical or psychological violence.

What this means for employers

Obligations

  • Update your absence policies to include clauses about disasters and public health decisions, and train managers on granting and processing protected leave.
  • Review grievance protocols with a focus on advance preparation, mediation, evidence disclosure, and adherence to procedural timelines.
  • Strengthen systems for staying compliant with CNESST requirements on health and safety, confidential worker records, and qualification as a worker.

Risks

  • Higher fines for instances of non-compliance, including hindering the action of an investigator and failing to meet standards. The fines in the Labour Code and the Act respecting labour standards are now doubled for first offences and tripled for repeat offences.
  • More reputational risk and exposure to disputes if processes are not documented and verifiable.

Opportunities

  • These new provisions can help you avoid disputes through stronger HR systems and clearer decision-making protocols.
  • By taking proactive compliance and risk management measures, you may be able to reduce long-term costs.

Key points and strategic recommendations

  • Launch a compliance audit: Take stock of your HR policies, investigation practices, and occupational health and safety protocols in light of the new requirements.
  • Provide targeted training: Educate your managers on the new protected leave and grievance procedures.
  • Keep good records: Create clear documentation (records, communications, and decisions) to meet CNESST requirements efficiently.
  • Monitor regulations: Keep an eye on implementing regulations and when they take effect to keep pace with necessary changes. You can also subscribe to our newsletter to get updates on changes to legislation and regulations.

Conclusion: Stay proactive and compliant

This reform demands more than just formal compliance: employers will need to be proactive, cultivate solid internal procedures, and keep robust documentation in the event of investigation. Quickly adjusting your practices will help you limit risk exposure and strengthen legal resilience.

Want to evaluate your compliance or review your internal policies? Contact our Labour and Employment Law team to discuss your situation and develop actionable and informed solutions tailored to your operations, or subscribe to our newsletters to receive updates on legislative changes and business best practices.