Bill 92 explained in plain English
Labour Relations Amendment Act (Replacement Workers), 2019
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 42nd Parliament, 1st 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 92, the Labour Relations Amendment Act (Replacement Workers), 2019, seeks to amend the Labour Relations Act, 1995, to restrict the use of replacement workers during strikes and lock-outs, with exceptions for emergencies, and to outline procedures for employee reinstatement and benefit continuation.
This bill, titled the Labour Relations Amendment Act (Replacement Workers), 2019, aims to amend the Labour Relations Act, 1995, concerning the use of replacement workers during strikes or lock-outs. It seeks to reintroduce provisions that were previously in place, which generally prohibit employers from using replacement workers except in specific emergency situations. The bill also addresses the reinstatement of employees after a strike or lock-out and the continuation of employment benefits during such periods.
- Amends the Labour Relations Act, 1995, by adding new sections related to replacement workers during strikes and lock-outs.
- Defines terms such as 'employer,' 'person,' and 'place of operations in respect of which the strike or lock-out is taking place' for the purposes of the new provisions.
- Prohibits employers from using employees in the affected bargaining unit, newly hired employees, or certain other individuals (like those from other company locations) to perform the work of striking or locked-out employees, except under specific circumstances.
- Allows for the use of 'specified replacement workers' in limited situations, such as to provide essential services (e.g., custody, residential care for vulnerable persons, emergency services) or to prevent danger to life, health, or safety, damage to machinery, or serious environmental damage.
- Requires employers to notify the trade union before using specified replacement workers and to seek consent for their use, unless it is an emergency.
- Outlines procedures for the reinstatement of striking or locked-out employees, including rules for displacing replacement workers and determining seniority for reinstatement when work is insufficient.
- Ensures that employment benefits (excluding pensions) continue during a lawful strike or lock-out if the trade union tenders payments to maintain them.
- States that the Act comes into force on the day it receives Royal Assent.
- Employers
- Employees who are members of a bargaining unit during a strike or lock-out
- Trade unions representing employees
- Replacement workers (persons hired or engaged during a strike or lock-out)
- Individuals receiving services in specified residential care, custody, or emergency situations
- Employers have an obligation not to use replacement workers to perform the work of striking or locked-out employees, except in defined emergency or essential service situations.
- Employers have an obligation to notify trade unions before using specified replacement workers and to seek their consent.
- Employees who were on strike or locked out have the right to be reinstated to their former positions.
- Trade unions have the right to tender payments to continue employment benefits for their members during a strike or lock-out.
- Employers have an obligation to accept these payments and ensure benefits continue.
- The burden of proof in certain applications or complaints related to these provisions lies with the employer or the party alleging the existence of specific circumstances.
- The Act comes into force on the day it receives Royal Assent.
- Trade unions may incur costs to tender payments for the continuation of employment benefits for their members during a strike or lock-out.
- The Ontario Labour Relations Board (the 'Board') may make orders and give directions regarding the use of replacement workers and may enforce agreements related to their use.
- Decisions of the Board can be filed in the Superior Court of Justice and are enforceable as orders of that court.
- The bill does not specify what constitutes a 'pecuniary or other penalty' in relation to reprisals against a person for refusing to perform work during a strike or lock-out.
- The exact number of replacement workers permitted in emergency situations is not specified, but they may be used 'only to the extent necessary'.
- The bill does not detail specific penalties for contravening the provisions related to replacement workers.
- The definition of 'specified replacement worker' is defined by referring to other sections of the bill, requiring the reader to consult those sections for a complete understanding.
- The bill does not specify the exact process for determining 'managerial functions' for individuals who might otherwise be considered replacement workers.
This bill adds new sections (73.1, 73.2, 73.3, and 73.4) to the Labour Relations Act, 1995, to regulate the use of replacement workers during strikes and lock-outs, and to outline processes for employee reinstatement and benefit continuation.
Source: Section 1
This bill will come into force on the day it receives Royal Assent.
Source: Section 2
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.
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