Bill 90 explained in plain English

The bill adds new sections to this act that prohibit the use of replacement workers during strikes or lockouts, except in specific emergencies, and sets rules for employee reinstatement and benefit continuation.

Source: Section 1

The bill adds definitions for 'employer', 'person', and 'place of operations in respect of which the strike or lock-out is taking place' for the purposes of the new sections.

Source: Section 73.1 (1)

The bill specifies when the new prohibition on using replacement workers applies, requiring a strike vote where at least 60 per cent authorized the strike.

Source: Section 73.1 (2)

The bill defines when a bargaining unit is considered to be locked out or on strike.

Source: Section 73.1 (3)

The bill prohibits employers from using employees in the striking or locked-out bargaining unit.

Source: Section 73.1 (4)

The bill prohibits the use of newly hired employees or other persons to perform the work of striking or locked-out employees.

Source: Section 73.1 (5)

The bill prohibits the use of certain other persons (e.g., employees from other locations, managerial staff from other locations, transferees) to perform the work of striking or locked-out employees.

Source: Section 73.1 (6)

The bill prohibits employers from requiring an employee to perform the work of a striking or locked-out employee without their agreement.

Source: Section 73.1 (7)

The bill prohibits employers from taking reprisals against a person for refusing to perform the work of striking or locked-out employees.

Source: Section 73.1 (8)

The bill places the burden of proof on the employer in applications or complaints related to the use of replacement workers.

Source: Section 73.1 (9)

The bill defines 'specified replacement worker' for the purpose of exceptions.

Source: Section 73.2 (1)

The bill permits the use of specified replacement workers in certain circumstances, such as secure custody, residential care for vulnerable persons, and emergency services.

Source: Section 73.2 (2)

The bill permits the use of specified replacement workers to prevent danger to life, health, or safety, prevent destruction of property, or prevent serious environmental damage.

Source: Section 73.2 (3)

The bill requires employers to notify trade unions before using specified replacement workers and to provide details about the work.

Source: Section 73.2 (4)

The bill outlines when employers must provide notice to trade unions regarding the use of specified replacement workers, including in emergencies.

Source: Section 73.2 (5), (6)

The bill allows trade unions to consent to the use of bargaining unit employees instead of specified replacement workers.

Source: Section 73.2 (7), (8)

The bill states that terms and conditions of employment continue to apply to bargaining unit employees performing work during a strike or lockout, unless otherwise agreed.

Source: Section 73.2 (9)

The bill outlines conditions for using specified replacement workers, including prior notification to and lack of consent from the trade union.

Source: Section 73.2 (10)

The bill allows the Ontario Labour Relations Board (the Board) to issue directions regarding the use of specified replacement workers.

Source: Section 73.2 (12), (13), (14)

The bill places the burden of proof on the party alleging that specified emergency circumstances exist.

Source: Section 73.2 (15)

The bill allows employers and trade unions to agree on the use of striking/locked-out employees and specified replacement workers during a strike or lockout.

Source: Section 73.2 (16), (17), (18), (19), (20)

The bill allows the Board to enforce agreements regarding the use of specified replacement workers and make other orders.

Source: Section 73.2 (21)

The bill allows Board decisions regarding replacement workers to be filed and enforced as orders of the Superior Court of Justice.

Source: Section 73.2 (22)

The bill mandates that employers reinstate striking or locked-out employees to their former positions if no agreement is reached on reinstatement terms.

Source: Section 73.3 (1), (2)

The bill grants striking or locked-out employees the right to displace persons who performed their work during the strike or lockout, with exceptions for employees with greater seniority or service who worked during a lockout.

Source: Section 73.3 (3), (4)

The bill provides rules for reinstating employees when there is insufficient work, based on seniority or length of service.

Source: Section 73.3 (5)

The bill states that the reinstatement rules do not apply if an employee cannot perform work required to start up operations, for the duration of the startup.

Source: Section 73.3 (6)

The bill requires the continuation of employment benefits (excluding pensions) during a lawful strike or lockout if the trade union makes sufficient payments.

Source: Section 73.4 (1), (2), (3)

The bill requires employers to accept payments from trade unions to continue employment benefits and take necessary steps to maintain them.

Source: Section 73.4 (4)

The bill prohibits the cancellation or threat of cancellation of employment benefits if payments are tendered by the trade union.

Source: Section 73.4 (5)

The bill prohibits the denial or threat of denial of employment benefits if an employee was entitled to claim them before a strike or lockout.

Source: Section 73.4 (6)

The provisions regarding the continuation of benefits apply despite any contrary contract provisions.

Source: Section 73.4 (7)

The bill restores provisions that were previously repealed, concerning replacement workers during strikes and lockouts.

Source: Explanatory Note