Bill 34 explained in plain English
Labour Relations Amendment Act (Replacement Workers), 2018
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 41st Parliament, 3rd 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
This bill aims to prohibit employers from using replacement workers during strikes or lock-outs, with specific exceptions for essential services and emergencies, while also addressing employee reinstatement and benefit continuation.
This bill, titled the Labour Relations Amendment Act (Replacement Workers), 2018, proposes to amend the Labour Relations Act, 1995. Its main purpose is to prevent employers from hiring replacement workers during a legal strike or lock-out. The bill outlines specific exceptions where replacement workers may be used, such as to maintain essential services in areas like child protection, residential care for vulnerable individuals, and emergency services. It also addresses the reinstatement of employees after a strike or lock-out and the continuation of employment benefits. The bill specifies that it comes into force on the day it receives Royal Assent.
- Prohibits employers from hiring replacement workers during a legal strike or lock-out.
- Defines specific circumstances under which replacement workers may be used, such as to ensure the safety and security of individuals in custody, to provide residential care for those with behavioural or emotional problems or disabilities, and to deliver emergency services.
- Specifies that replacement workers can also be used to prevent danger to life, health, or safety, destruction of property, or serious environmental damage.
- Requires employers to notify trade unions before using replacement workers and to provide an opportunity for the union to agree to use striking or locked-out employees instead.
- Establishes procedures for the reinstatement of employees after a strike or lock-out ends, including provisions for displacement and seniority.
- Ensures the continuation of employment benefits, other than pension benefits, during a lawful strike or lock-out, allowing trade unions to make payments to maintain these benefits.
- Makes it illegal for employers to cancel or threaten to cancel employee benefits if the trade union makes the required payments.
- Employers
- Employees
- Trade unions
- Replacement workers
- Individuals in custody
- Persons receiving residential care for behavioural or emotional problems or disabilities
- Children in need of protection
- Victims of violence
- The Ontario Labour Relations Board
- Employers have an obligation not to use replacement workers during strikes or lock-outs, except in specified circumstances.
- Employers have the right to use replacement workers in emergencies to prevent danger to life, health, or safety, or to prevent destruction or serious environmental damage.
- Trade unions have the right to be notified by employers before replacement workers are used and to propose using their own members instead.
- Employees are entitled to be reinstated to their former positions after a strike or lock-out, with specific rules for displacement and seniority.
- Trade unions have the right to tender payments to continue employment benefits for their members during a strike or lock-out.
- The Act comes into force on the day it receives Royal Assent.
- The bill allows trade unions to make payments to employers or other designated persons to continue employment benefits, implying a financial transaction to maintain coverage.
- The Ontario Labour Relations Board may be involved in determining the circumstances under which replacement workers can be used and may issue directions.
- The Labour Relations Board can enforce agreements made between employers and trade unions regarding replacement workers.
- The bill states that the burden of proof lies with the employer in cases where an employer is alleged to have acted contrary to the sections regarding replacement workers or the use of specified replacement workers.
- Employers are prohibited from taking reprisals against individuals who refuse to perform the work of striking or locked-out employees.
- The bill does not explicitly define the 'earlier of the date on which the notice of desire to bargain is given and the date on which bargaining begins' for all circumstances, although it is used in defining when a person is hired or engaged.
- The extent to which 'essential services' or 'emergency' situations permit the use of replacement workers is qualified by 'to the extent necessary', which may require interpretation.
- The Labour Relations Board has discretion in determining appropriate directions or deferring applications.
- The bill does not specify what happens if an employer or trade union fails to comply with the notice requirements for using replacement workers beyond the general enforcement powers of the Board.
Adds new sections (73.1, 73.2, 73.3, and 73.4) that govern the use of replacement workers during strikes and lock-outs, the reinstatement of employees, and the continuation of employment benefits.
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.
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Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
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