Bill 123 explained in plain English
Labour Relations Amendment Act (Replacement Workers), 2022
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 42nd 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 123 restricts Ontario employers from using replacement workers during strikes and lockouts except in specified emergency situations, and requires reinstatement of striking or locked-out employees afterward.
Bill 123 amends Ontario's Labour Relations Act, 1995 to restrict employers' use of replacement workers during strikes and lockouts. The bill restores provisions that existed before 1995 and were then removed. Under this bill, during a lawful strike (authorized by at least 60% of voting bargaining unit members) or a lockout, employers are generally prohibited from using replacement workers to perform the work of striking or locked-out employees. This applies to newly hired workers, workers from other locations, and workers supplied by other employers. However, the bill creates exceptions for emergency situations. Employers may use replacement workers only to the extent necessary to: - Provide secure custody, residential care for vulnerable populations (persons with disabilities, children in need of protection), emergency shelter, crisis intervention, emergency child protection investigations, and emergency dispatch or ambulance services; or - Prevent danger to life, health or safety; prevent destruction or serious deterioration of machinery, equipment or premises; or prevent serious environmental damage. To use replacement workers in these emergency situations, employers must generally notify the union beforehand and give the union a chance to provide bargaining unit employees instead. The union has the right to consent to use of bargaining unit employees, and if it does and employees are willing, the employer must use those employees. If this is not possible in a true emergency, the employer can use replacement workers temporarily until notice is given and the union responds. When a strike or lockout ends, the bill requires employers to reinstate striking or locked-out employees to their original positions (or as work becomes available if insufficient work exists), and these employees can displace replacement workers who performed their work during the dispute. Employers and unions can agree in writing to different arrangements regarding replacement workers, but they cannot make such an agreement a condition of settling the strike or lockout. The bill also ensures that if a union pays premiums during a strike or lockout, employers must maintain employee benefits and insurance coverage.
- Prohibits employers from using bargaining unit employees who are on strike or locked out
- Prohibits employers from hiring or engaging new workers after bargaining notice is given or bargaining begins to perform strike or locked-out work
- Prohibits employers from transferring workers from other locations to perform strike or locked-out work during the dispute
- Prohibits employers from using non-employee workers or workers supplied by other employers at the location of the strike or lockout to perform struck work
- Prohibits employers from requiring non-striking employees at the location to perform struck work without their agreement
- Prohibits reprisals (dismissal, threats, discrimination, intimidation) against workers who refuse to perform struck work
- Allows exceptions for specified emergency situations: secure custody facilities, residential care for vulnerable populations, emergency shelter, crisis intervention, emergency child protection investigations, and emergency dispatch or ambulance services
- Allows exceptions for emergencies involving danger to life, health or safety, or prevention of destruction of equipment or serious environmental damage
- Requires employers to notify the union before using replacement workers in emergency situations and give the union a chance to use bargaining unit employees instead
- Requires reinstatement of striking or locked-out employees to their original positions after the dispute ends
- Allows striking or locked-out employees to displace replacement workers upon reinstatement
- Requires reinstatement in order of seniority or length of service if insufficient work is available
- Allows employers and unions to agree in writing to different replacement worker arrangements, but such agreements cannot be a condition of settling a strike or lockout
- Requires employers to continue employee benefits and insurance if the union pays premiums during a strike or lockout
- Employees in bargaining units involved in strikes or lockouts
- Employers (including employers' organizations) whose employees are on strike or locked out
- Trade unions representing striking or locked-out workers
- Workers temporarily hired to replace striking or locked-out employees
- Workers at other employer locations who might be transferred to cover struck work
- Managers and supervisors at the employer
- Employers and service providers in the sectors listed in the emergency exceptions (custody facilities, residential care, emergency services, etc.)
- Employers must not use striking or locked-out employees (Section 73.1(4))
- Employers must not hire new workers after bargaining notice or start of bargaining to perform struck work (Section 73.1(5))
- Employers must not transfer workers from other locations to perform struck work at the dispute location (Section 73.1(6))
- Employers must not require non-striking employees to perform struck work without their consent (Section 73.1(7))
- Employers must not take reprisals against workers who refuse to perform struck work (Section 73.1(8))
- Employers must notify unions if they wish to use replacement workers in emergency situations and provide details about type of work, level of service, and number of workers (Section 73.2(4)-(6))
- Unions have the right to consent to use of bargaining unit employees instead of replacement workers (Section 73.2(7))
- Employers must use bargaining unit employees for the proposed work if the union consents and employees are willing and able (Section 73.2(8))
- When a strike or lockout ends, employers must reinstate employees to their original positions or, if work is insufficient, reinstate them in order of seniority or length of service (Section 73.3)
- Striking or locked-out employees are entitled to displace replacement workers upon reinstatement, except they cannot displace bargaining unit employees who performed work during the dispute and have greater length of service (Section 73.3(3)-(4))
- Employers must maintain employee benefits and insurance coverage if the union pays premiums during a strike or lockout (Section 73.4)
- The Act comes into force on the day it receives Royal Assent (Section 2)
- Unions may be required to tender payments to employers or third parties to continue employee benefits and insurance coverage during a strike or lockout (Section 73.4(3))
- Employers must accept such payments and maintain coverage (Section 73.4(4))
- The Ontario Labour Relations Board (OLRB) has jurisdiction to hear applications and complaints regarding violations of the replacement worker rules (Section 73.1(9) and 73.2(15))
- Employers bear the burden of proof that they have not violated the replacement worker restrictions (Section 73.1(9))
- The party alleging emergency circumstances exists bears the burden of proof in applications or complaints (Section 73.2(15))
- The OLRB can make determinations during or before a strike or lockout regarding what emergency circumstances exist and how many replacement workers can be used (Section 73.2(12)-(14))
- OLRB decisions can be filed in Superior Court of Justice and are enforceable as court orders (Section 73.2(22))
- The OLRB can enforce, amend, or make other orders regarding agreements between employers and unions about replacement workers (Section 73.2(21))
- The bill text does not specify what qualifies as a 'lawful strike' beyond the requirement that at least 60% of voting bargaining unit members authorize it by vote. Other grounds for lawfulness may be found in the Labour Relations Act, 1995 itself.
- The bill does not define what constitutes 'danger to life, health or safety' or 'serious environmental damage,' leaving these determinations to the OLRB on a case-by-case basis.
- The bill does not specify penalty amounts or enforcement remedies beyond OLRB jurisdiction and court enforcement of OLRB orders; remedies for violations are not detailed in the bill text.
- The bill applies only when a strike is 'lawful' as defined in Section 73.1(2), but it does not address what happens in unlawful or wildcat strikes.
- The bill does not explain how the 'length of service' determination required for reinstatement purposes is to be made or calculated beyond reference to seniority provisions in collective agreements.
- The bill allows the parties to enter into written agreements regarding replacement workers but does not specify what happens if disputes arise over the interpretation or enforcement of such agreements.
Adds four new sections (73.1, 73.2, 73.3, and 73.4) that comprehensively regulate the use of replacement workers during strikes and lockouts, establish procedures for notification and union consent, determine how reinstatement must occur, and protect employee benefits during labour disputes.
Source: Section 1 of Bill 123
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 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