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Ontario Assembly Bill

Ontario Bill 90

43rd Parl. 1st Sess.
November 27, 2023
Anti-Scab Labour Act, 2023
  • Bill 90, also known as the Labour Relations Act, 2023, is an amendment to the existing Labour Relations Act, 1995 in the province of Ontario. The purpose of this amendment is to regulate the use of replacement workers during a strike or lock-out situation. The amendment introduces definitions for terms such as "employer," "person," and "place of operations." It also outlines the application process for this section, which applies during a lock-out or lawful strike that meets certain criteria. The amendment prohibits the use of bargaining unit employees who are on strike or locked out, as well as newly hired employees, to perform work at the place of operations. It also prohibits the use of certain individuals who work at other locations of the employer or who have been transferred to the location of the strike or lock-out. Furthermore, the amendment states that an employer cannot require an employee to perform the work of a striking or locked-out employee without their agreement. It also prohibits any reprisals against employees who refuse to perform such work. The burden of proof lies with the employer in cases relating to this amendment. There is also a provision for specified replacement workers, who may be used in certain circumstances to perform the work of striking or locked-out employees, but only to the extent necessary for specific services such as custody, care for persons with disabilities, or emergency services. The amendment also includes provisions for notice to the trade union, consent from the trade union, and the use of bargaining unit employees instead of specified replacement workers. It outlines the working conditions and rights of employees who perform work during a strike or lock-out. The amendment allows for the employer and trade union to enter into an agreement regarding the use of specified replacement workers. However, such agreements cannot be used as a condition to end a strike or lock-out. There are provisions for enforcement of agreements and the filing of decisions in court. Finally, the amendment addresses the reinstatement of employees after a lock-out or strike, including the right to displace others and the allocation of work based on seniority or length of service. Overall, this amendment aims to regulate the use of replacement workers and ensure fair treatment of employees during strikes or lock-outs.
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  • H2
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  • RA
  • Yea (30)
  • Nay (58)
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SteelmanSpren in Favour

  • A steelman argument in favor of Bill 90 2023, which amends the Labour Relations Act, 1995 with respect to replacement workers, could be as follows: 1. Protecting the rights of striking or locked-out employees: The amendment ensures that employers cannot use replacement workers to perform the work of employees who are on strike or locked out. This provision protects the rights of the employees who are exercising their right to strike or are locked out by preventing the employer from undermining their bargaining power. 2. Ensuring fair competition: By prohibiting the use of replacement workers, the amendment promotes fair competition between employers. It prevents employers from gaining an unfair advantage by hiring replacement workers at lower wages or under worse working conditions than the striking or locked-out employees. This helps maintain a level playing field and prevents a race to the bottom in terms of wages and working conditions. 3. Safeguarding health and safety: The amendment prohibits the use of replacement workers in certain critical sectors, such as emergency services and residential care for vulnerable individuals. This ensures that qualified and trained employees are available to provide essential services during strikes or lockouts, thereby safeguarding the health and safety of the public. 4. Encouraging good faith bargaining: By limiting the use of replacement workers, the amendment encourages employers and trade unions to engage in good faith bargaining. It incentivizes both parties to negotiate and reach a fair agreement, as the employer cannot easily replace the striking or locked-out employees with temporary workers. This promotes a more cooperative and constructive approach to labor relations. 5. Balancing the interests of all parties: The amendment strikes a balance between the rights of employees to strike or be locked out and the interests of employers to continue their operations. It allows for the use of specified replacement workers in limited circumstances where there is a genuine need to maintain essential services or prevent significant harm. This ensures that the rights and interests of all parties involved are taken into account. Overall, the amendment aims to create a fair and balanced framework for labor relations by protecting the rights of employees, promoting fair competition, safeguarding health and safety, encouraging good faith bargaining, and balancing the interests of all parties involved.

SteelmanSpren Against

  • Steelman Argument Opposing Bill 90 2023: Bill 90 2023, which amends the Labour Relations Act, 1995 with respect to replacement workers, is a misguided and unnecessary piece of legislation that undermines the principles of free market capitalism and individual liberty. This bill restricts the ability of employers to hire replacement workers during strikes or lockouts, which is an infringement on their property rights and their right to manage their own businesses. Firstly, this bill interferes with the employer's right to hire and fire employees as they see fit. By prohibiting the use of bargaining unit employees who are on strike or locked out, as well as newly hired employees and others at the strike location, the government is essentially dictating to employers who they can and cannot hire. This is a violation of the employer's freedom to contract and make decisions that are in the best interest of their business. Secondly, this bill undermines the principle of competition in the labor market. By preventing employers from hiring replacement workers, it limits the options available to them and reduces their ability to continue operations during a strike or lockout. This not only harms the employer, but also the employees who may wish to continue working and earning a living during these periods. It is important to remember that strikes and lockouts are voluntary actions taken by employees and their unions, and employers should have the right to respond in a way that allows them to continue their business operations. Furthermore, this bill creates an unfair advantage for unions and their members. By restricting the use of replacement workers, it gives unions more leverage in negotiations and reduces the incentive for them to reach a fair and timely agreement with the employer. This can lead to prolonged strikes and lockouts, which have negative consequences for both the employer and the employees. Lastly, this bill ignores the economic realities of the labor market. In some industries, such as healthcare or emergency services, it is crucial to have the ability to hire replacement workers to ensure the safety and well-being of the public. By limiting this ability, the government is putting the public at risk and potentially compromising the quality of essential services. In conclusion, Bill 90 2023 is a misguided and unnecessary piece of legislation that infringes on the property rights of employers, undermines competition in the labor market, gives unfair advantages to unions, and ignores the economic realities of certain industries. It is important to protect the rights of employers and allow them to make decisions that are in the best interest of their businesses and
Second Reading
  • Nov. 27, 2023, noon
  • In Progress
  • Read

Assembly Motion No. 4504

43rd Parl. 1st Sess. (ON)
Nov. 27, 2023, 9 a.m.
  • Bill 90
  • Latest: Second Reading Vote
  • Second Reading of Bill 90, An Act to amend the Labour Relations Act, 1995 with respect to replacement workers.

Assembly Debates

43rd Parl. 1st Sess.
November 27, 2023
First Reading
  • March 30, 2023, noon
  • Passed