anti scab law canada

New law taking effect this week called 'major win' for Canadian workers

A new law that impacts federal workers in Canada is set to take effect this week.

Last year, the federal government passed Bill C-58, a law aimed at protecting unionized workers during strikes or lockouts.

Starting on Friday, June 20, federal employers will no longer be able to use replacement workers, also known as "scabs," to do the jobs of unionized employees during legal strikes or lockouts.

Federally regulated employers like banks, telecom companies, postal services, and transportation companies could be fined up to $100,000 per day if they violate the new "anti-scab" law in Canada.

"This once-in-a-generation update to federal labour law didn't happen by chance. Our union – our members and activists – made winning federal anti-scab legislation a reality," Unifor, one of Canada's largest unions, stated in a release last year.

There are exceptions to this new law, such as the need to use a replacement worker to prevent threats to life, health, or safety of the public, and to prevent serious damage or destruction to their property. 

However, bargaining unit members must be offered the opportunity first.
This new law comes amid a slew of strikes across Canada, including recent job action from Canada Post and DHL.

Unifor says that, although this is a major win for worker rights, the fight continues.

"From the very beginning, our plan was to win federal legislation, then take the fight to the provinces, because we know the vast majority of workers in Canada are governed by provincial labour legislation," it stated last year.

It notes that British Columbia and Quebec already have "anti-scab" legislation, but there are still loopholes that need to be eliminated.

The union, which represents over 320,000 workers across the country, is calling on provinces and territories to enact "anti-scab" laws in Canada that:

  • Prohibits employers from using replacement workers for the duration of any legal strike or lockout, specifically banning the use of any employee or contracted workers to perform the duties of a bargaining unit employee
  • Prohibits employers from using both external scabs (those hired specifically to replace striking or locked out bargaining unit members), as well as internal scabs (new hires, members of the bargaining unit who might otherwise cross the picket line, or any other employees at any of the employer's establishments, including managers)
  • Includes significant financial penalties for employers who defy the "anti-scab" legislation, to be calculated on a per-day basis for the duration of the period of non-compliance
  • Allow for the very limited use of temporary workers, only to undertake essential maintenance work to protect the integrity and safety of the workplace, but not to contribute to the ongoing, normal operation of the workplace.
Lead photo by

COSPV/Shutterstock


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