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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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  • RA
  • Yea (30)
  • Nay (58)
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