Ban Replacement Workers During Strikes

Summary#

Bill 96 would change Ontario’s Labour Relations Act to ban most use of “replacement workers” during a lawful strike or lock-out. Its goal is to push both sides to settle disputes faster and to protect striking or locked‑out workers from being replaced.

• Employers could not bring in new hires, people from other locations, contractors, temp agency staff, or managers from other sites to do the work of striking or locked‑out employees at the location of the dispute.
• Limited exceptions allow replacements only to keep certain emergency and care services running, or to prevent danger to people, major damage to property, or serious environmental harm.
• Employers must tell the union before using replacement workers for these exceptions and give the union a chance to provide bargaining‑unit employees instead.
• Employees at the struck location cannot be forced to do the work of striking or locked‑out coworkers, and they cannot be punished for refusing.
• After a strike or lock‑out ends, workers must be reinstated, usually to their old jobs, with recall based on seniority or length of service.
• Unions can keep non‑pension benefits (like health and dental) in place during a lawful strike or lock‑out by paying the premiums; employers and insurers must accept payment.

What it means for you#

• Workers in unionized workplaces

  • Your employer could not use outside people to replace your work during a lawful strike or lock‑out, except for narrow emergencies.
  • If you work at the site, you cannot be required to do the work of striking or locked‑out coworkers without your consent. You cannot be punished for saying no.
  • When the dispute ends, you are entitled to get your job back, usually in your former position. If there is not enough work for everyone, recall follows your collective agreement’s seniority rules or your length of service.
  • Your union may keep health, dental, and similar benefits active by paying premiums during a lawful strike or lock‑out.

• Managers and non‑union employees at the struck location

  • You cannot be forced to do the work of striking or locked‑out employees. If you agree to help, you cannot be penalized for refusing later.

• Employers

  • You could not use new hires (after bargaining starts), workers from other sites, contractors, temp agencies, or managers from other sites to do struck work at the location of the dispute.
  • You may use specific replacements only to keep listed emergency/care services running (such as custody, residential care, emergency shelters, child‑protection emergencies, dispatch/ambulance/first aid) or to prevent danger to life/health/safety, major equipment or building damage, or serious environmental harm—and only as much as needed.
  • Before using replacements for these exceptions, you must notify the union with details (type of work, level of service, and number of people). The union can offer bargaining‑unit employees to do the work instead.
  • After the dispute, you must reinstate employees. People who replaced them during the dispute may be displaced, with protections for bargaining‑unit employees who worked under an emergency agreement and have more seniority.
  • The Ontario Labour Relations Board can decide disputes about what counts as an allowed exception and can enforce agreements.

• Unions

  • A strike must be lawful, including a strike mandate with at least 60% support of those voting.
  • You can make a written agreement with the employer on how emergency staffing will work during a strike or lock‑out.
  • You can apply to the Labour Board for rulings on emergency staffing and for enforcement.

• Clients, patients, and the public

  • Emergency and essential care listed in the bill would continue. Other services at a struck location may pause, reduce hours, or face delays until the dispute is settled.

• Contractors and staffing agencies

  • You would be barred from supplying workers to replace striking or locked‑out employees at a struck location.

Expenses#

No publicly available information.

Proponents' View#

• Banning replacement workers makes bargaining more balanced and encourages both sides to reach a fair deal sooner.
• Reduces picket‑line tensions and safety risks because fewer outside workers cross picket lines.
• Protects wages and local economies by preventing permanent or long‑term replacement of striking workers.
• Clear reinstatement rules mean less uncertainty for families after a dispute ends.
• Essential services and emergencies are still covered through narrow, defined exceptions.
• Letting unions pay to maintain benefits reduces hardship for workers and their families during a dispute.

Opponents' View#

• Without replacements, strikes and lock‑outs could last longer, causing longer service disruptions for the public and customers.
• Limits on moving staff between locations reduce flexibility, especially for small or specialized employers.
• More disputes may end up before the Labour Board over what counts as an “emergency,” adding delay and legal costs.
• Businesses may face higher costs and production losses during disputes, which could be passed on to consumers.
• Reinstatement and displacement rules may complicate staffing after a dispute and discourage interim hiring to keep operations stable.