Bill 45 explained in plain English
Labour Relations Amendment Act (Replacement Workers), 2011
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill 45 aims to prevent employers from hiring replacement workers during strikes or lockouts in Ontario, with specific exceptions for emergencies and safety, while also detailing reinstatement procedures for employees after a labour dispute.
Bill 45, the Labour Relations Amendment Act (Replacement Workers), 2011, proposes to amend the Labour Relations Act, 1995, in Ontario. The main purpose of the bill is to reinstate provisions that prevent employers from using replacement workers to perform the work of employees who are on strike or locked out. However, the bill outlines specific exceptions where replacement workers can be used, such as in emergencies or to ensure the safety of individuals or property. It also details procedures for employers wishing to use replacement workers, including notifying the union, and outlines the rights of striking or locked-out employees upon the end of a labour dispute.
- It amends the Labour Relations Act, 1995.
- It restores provisions that prohibit employers from using replacement workers to do the work of employees who are on strike or locked out.
- It allows for the use of replacement workers in specific emergency situations or to prevent danger to life, health, safety, or the environment.
- It establishes rules for when employers can use replacement workers, requiring them to notify the trade union and potentially get consent.
- It outlines the process for reinstating striking or locked-out employees after a labour dispute ends.
- It addresses the continuation of employment benefits for employees during lawful strikes or lockouts.
- Employers
- Employees
- Trade unions
- Individuals hired as replacement workers
- Individuals in secure custody, residential care, or requiring emergency services
- Children in need of protection
- Employers are generally prohibited from using replacement workers during a strike or lockout.
- Employers must notify trade unions before using specified replacement workers, providing details on the work, service level, and number of workers.
- Employers cannot use replacement workers if the trade union consents to bargaining unit employees performing the work instead.
- Employers must reinstate striking or locked-out employees to their former positions after a labour dispute, according to specific rules.
- Striking or locked-out employees have the right to displace replacement workers.
- Trade unions can ensure employment benefits are maintained during a strike or lockout by tendering payments.
- Employers or others are prohibited from cancelling or threatening to cancel employment benefits if the union tenders payments.
- Employees have the right to displace others who performed their work during a strike or lockout, with limitations based on service length.
- The burden of proof that an employer has not acted contrary to these provisions lies with the employer.
- The Act comes into force on the day it receives Royal Assent.
- The bill may impact financial arrangements related to employment benefits, as trade unions may make payments to continue these benefits during a lawful strike or lockout.
- The Labour Relations Board can be involved in determining the use of replacement workers, enforcing agreements, and making orders.
- Decisions of the Labour Relations Board can be filed with and enforced as orders of the Superior Court of Justice.
- The bill specifies that replacement workers can be used in emergencies, but the exact definition and scope of 'emergency' in practice might require further interpretation.
- The extent to which certain services (e.g., residential care, emergency shelter) necessitate the use of replacement workers may be subject to interpretation by the Labour Relations Board.
- The application of reinstatement rules may be affected if an employee is not able to perform work required to start up the employer's operations.
This bill adds new sections to the Labour Relations Act, 1995, to specifically address the use of replacement workers during strikes and lockouts, and to detail employee reinstatement and benefit continuation.
Source: Section 1
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
The current official sources do not publish a recorded division breakdown for this bill, so there is no representative-by-representative table to show.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced