The consortium of companies operating the Réseau express métropolitain (REM) was deemed a “public service” in the Labour Code, but the parties comprising it are not subject to the obligation to provide essential services in the event of a strike. The Administrative Labour Tribunal just issued a ruling to that effect, even though no strike is currently on the horizon. The parties are currently negotiating their first collective bargaining agreement. The tribunal first had to decide whether the consortium of companies responsible for operating and maintaining the REM met the criteria of the Labour Code to be considered a public service. Administrative Judge François Beaubien answered in the affirmative. He then had to decide whether a potential strike, initiated by any one of the four union organizations, could endanger public health or safety. He concluded that it would not, “although it could result in a partial or total interruption of REM service.” In court, the consortium argued that “any strike called by employees represented by any of the accredited unions, except one, would immediately result in a total shutdown of the REM.” “Thousands of riders would then be deprived of this means of transportation to and from downtown Montreal, which could lead to traffic congestion and large crowds at stations that could pose a danger to public health or safety.” However, the tribunal noted a difference between the REM and the Société de transport de Montréal (STM). In the event of a hypothetical strike affecting the REM, “existing transit agencies continue to offer comprehensive services independent of the REM, which remain fully operational in the event of a strike. The situation thus differs from historical cases where the disruption of an entire urban transit network, such as that of the Société de transport de Montréal, could lead to widespread congestion capable of hindering emergency response efforts. “The Tribunal also notes that the risks cited by the consortium—notably the formation of crowds in stations—remain hypothetical and are not supported by any concrete evidence. REM stations are designed to accommodate a large volume of passengers, and evacuation procedures are already in place for emergency situations.” For their part, the union parties cited the numerous REM service disruptions in support of their case. “The accredited associations maintain that, since the REM began operating, service interruptions—whether planned or unplanned—have occurred for various reasons. Each time, alternative arrangements were put in place for passengers, and experience shows that these disruptions did not compromise public health or safety. Consequently, the parties should not be subject to the obligation to maintain essential services in the event of a strike,” said Administrative Judge Beaubien. Thus, even though the consortium of companies itself is a “public service” within the meaning of the Labour Code, AtkinsRéalis O&M Inc. and the REM Workers’ Union, affiliated with the CSN, “are not subject to the obligation to maintain essential services in the event of a strike under section 111.0.17 of the Labour Code,” the tribunal ruled. The same applies to ALSTOM Transport Canada Inc. and the Unifor union, affiliated with the FTQ, as well as to Groupe PMM Opérations et Maintenance S.E.N.C. and the relevant local chapter of the Teamsters union, affiliated with the FTQ, as well as Groupe PMM Operations and Maintenance S.E.N.C. and the Quebec Public and Parapublic Service Union. This report by The Canadian Press was first published in French on July 10, 2026.
