Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Strikes and lockouts prohibited during term of collective agreement

88.1 Strikes and lockouts are prohibited during the term of a collective agreement except if

• (a) a notice to bargain collectively has been given pursuant to a provision of this Part, other than subsection 49(1); and

• (b) the requirements of subsection 89(1) have been met.

Marginal note:No strike or lockout until certain requirements met

• 89 (1) No employer shall declare or cause a lockout and no trade union shall declare or authorize a strike unless

  • (a) the employer or trade union has given notice to bargain collectively under this Part;

  • (b) the employer and the trade union

    • (i) have failed to bargain collectively within the period specified in paragraph 50(a), or

    • (ii) have bargained collectively in accordance with section 50 but have failed to enter into or revise a collective agreement;

  • (c) the Minister has

    • (i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or

    • (ii) taken action under subsection 72(2);

  • (d) twenty-one days have elapsed after the date on which the Minister

    • (i) notified the parties of the intention not to appoint a conciliation officer or conciliation commissioner, or to establish a conciliation board under subsection 72(1),

    • (ii) notified the parties that a conciliation officer appointed under subsection 72(1) has reported,

    • (iii) released a copy of the report to the parties to the dispute pursuant to paragraph 77(a), or

    • (iv) is deemed to have been reported to pursuant to subsection 75(2) or to have received the report pursuant to subsection 75(3);

  • (e) the Board has determined any referral made pursuant to subsection 87.4(5); and

  • (f) sections 87.2 and 87.3 have been complied with.

• Marginal note:No employee to strike until certain requirements met

  (2) No employee shall participate in a strike unless

  • (a) the employee is a member of a bargaining unit in respect of which a notice to bargain collectively has been given under this Part; and

  • (b) the requirements of subsection (1) have been met in respect of the bargaining unit of which the employee is a member.

Marginal note:Right to strike or lockout limited during period between Parliaments

• 90 (1) Where a strike or lockout not prohibited by this Part occurs or may occur during the time commencing on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, adversely affects or would adversely affect the national interest, the Governor in Council may during that time make an order deferring the strike or lockout during the period commencing on the day the order is made and ending on the twenty-first day following the date fixed for the return of the writs.

• Marginal note:Minister’s report

  (2) Where the Governor in Council makes an order pursuant to subsection (1) during the time mentioned in that subsection, the Minister shall, on any of the first ten sitting days of the first session of Parliament next following that time, lay before Parliament a report stating the reasons for the making of the order.

Declarations Relating to Strikes and Lockouts

Marginal note:Employer may apply for declaration that strike unlawful

• 91 (1) Where an employer alleges that a trade union has declared or authorized a strike, or that employees have participated, are participating or are likely to participate in a strike, the effect of which was, is or would be to involve the participation of an employee in a strike in contravention of this Part, the employer may apply to the Board for a declaration that the strike was, is or would be unlawful.

• Marginal note:Declaration that strike unlawful and strike prohibited

  (2) Where an employer applies to the Board under subsection (1) for a declaration that a strike was, is or would be unlawful, the Board may, after affording the trade union or employees referred to in subsection (1) an opportunity to make representations on the application, make such a declaration and, if the employer so requests, may make an order

  • (a) requiring the trade union to revoke the declaration or authorization to strike and to give notice of such revocation forthwith to the employees to whom it was directed;

  • (b) enjoining any employee from participating in the strike;

  • (c) requiring any employee who is participating in the strike to perform the duties of their employment; and

  • (d) requiring any trade union, of which any employee with respect to whom an order is made under paragraph (b) or (c) is a member, and any officer or representative of that union, forthwith to give notice of any order made under paragraph (b) or (c) to any employee to whom it applies.

Marginal note:Declaration that lockout unlawful and prohibition of lockout

92 Where a trade union alleges that an employer has declared or caused or is about to declare or cause a lockout of employees in contravention of this Part, the trade union may apply to the Board for a declaration that the lockout was, is or would be unlawful and the Board may, after affording the employer an opportunity to make representations on the application, make such a declaration and, if the trade union so requests, may make an order

• (a) enjoining the employer or any person acting on behalf of the employer from declaring or causing the lockout;

• (b) requiring the employer or any person acting on behalf of the employer to discontinue the lockout and to permit any employee of the employer who was affected by the lockout to return to the duties of their employment; and

• (c) requiring the employer forthwith to give notice of any order made against the employer under paragraph (a) or (b) to any employee who was affected, or would likely have been affected, by the lockout.

Marginal note:Terms and duration of order

• 93 (1) An order made under section 91 or 92

  • (a) shall be in such terms as the Board considers necessary and sufficient to meet the circumstances of the case; and

  • (b) subject to subsection (2), shall have effect for such time as is specified in the order.

• Marginal note:Application for supplementary order

  (2) Where the Board makes an order under section 91 or 92, the Board may, from time to time on application by the employer or trade union that requested the order or any employer, trade union, employee or other person affected thereby, notice of which application has been given to the parties named in the order, by supplementary order,

  • (a) continue the order, with or without modification, for such period as is stated in the supplementary order; or

  • (b) revoke the order.

Unfair Practices

Marginal note:Employer interference in trade union

• 94 (1) No employer or person acting on behalf of an employer shall

  • (a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; or

  • (b) contribute financial or other support to a trade union.

• Marginal note:Exception

  (2) An employer is deemed not to contravene subsection (1) by reason only that they

  • (a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,

    • (i) permit an employee or representative of the trade union to confer with them during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer,

    • (ii) provide free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or

    • (iii) permit the trade union to use their premises for the purposes of the trade union;

  • (b) contribute financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees; or

  • (c) express a personal point of view, so long as the employer does not use coercion, intimidation, threats, promises or undue influence.

• (2.1) [Repealed, 2024, c. 12, s. 9]

• Marginal note:Prohibitions relating to employers

  (3) No employer or person acting on behalf of an employer shall

  • (a) refuse to employ or to continue to employ or suspend, transfer, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment or intimidate, threaten or otherwise discipline any person, because the person

    • (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of a trade union or participates in the promotion, formation or administration of a trade union,

    • (ii) has been expelled or suspended from membership in a trade union for a reason other than a failure to pay the periodic dues, assessments and initiation fees uniformly required to be paid by all members of the trade union as a condition of acquiring or retaining membership in the trade union,

    • (iii) has testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part,

    • (iv) has made or is about to make a disclosure that the person may be required to make in a proceeding under this Part,

    • (v) has made an application or filed a complaint under this Part, or

    • (vi) has participated in a strike that is not prohibited by this Part or exercised any right under this Part;

  • (b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any right conferred on them by this Part;

  • (c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of their refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that is not prohibited by this Part;

  • (d) deny to any employee any pension rights or benefits to which the employee would be entitled but for

    • (i) the cessation of work by the employee as the result of a lockout or strike that is not prohibited by this Part, or

    • (ii) the dismissal of the employee contrary to this Part;

  • (d.1) where the requirements of paragraphs 89(1)(a) to (d) have been met, cancel or threaten to cancel a medical, dental, disability, life or other insurance plan, whether administered by the employer or otherwise, that benefits employees, so long as the bargaining agent tenders or attempts to tender to the employer payments or premiums sufficient to continue the plan;

  • (d.2) where the requirements of paragraphs 89(1)(a) to (d) have been met and the bargaining agent has tendered or attempted to tender to the employer payments or premiums sufficient to continue an insurance plan referred to in paragraph (d.1), deny or threaten to deny to any employee any benefits under the plan to which the employee was entitled before those requirements were met;

  • (e) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of a trade union or to refrain from

    • (i) testifying or otherwise participating in a proceeding under this Part,

    • (ii) making a disclosure that the person may be required to make in a proceeding under this Part, or

    • (iii) making an application or filing a complaint under this Part;

  • (f) suspend, discharge or impose any financial or other penalty on a person employed by them, or take any other disciplinary action against such a person, by reason of that person having refused to perform an act that is prohibited by this Part; or

  • (g) bargain collectively for the purpose of entering into a collective agreement or enter into a collective agreement with a trade union in respect of a bargaining unit, if another trade union is the bargaining agent for that bargaining unit.

• Marginal note:Prohibition relating to replacement workers

  (4) Subject to subsection (7), during a strike or lockout not prohibited by this Part, no employer or person acting on behalf of an employer shall use the services of any of the following persons to perform all or part of the duties of an employee who is in the bargaining unit on strike or locked out:

  • (a) any employee or any person who performs management functions or who is employed in a confidential capacity in matters related to industrial relations, if that employee or person is hired after the day on which notice to bargain collectively is given;

  • (b) any contractor, other than a dependent contractor, or any employee of another employer;

  • (c) any employee whose normal workplace is a workplace other than that at which the strike or lockout is taking place or who was transferred to the workplace at which the strike or lockout is taking place after the day on which notice to bargain collectively is given;

  • (d) any volunteer, student or member of the public.

• Marginal note:Clarification — continuing services

  (5) If, before the day on which notice to bargain collectively was given, an employer or person acting on behalf of an employer was using the services of a person referred to in paragraph (4)(b) and those services were the same as or substantially similar to the duties of an employee in the bargaining unit, they may continue to use those services throughout a strike or lockout not prohibited by this Part involving that unit so long as they do so in the same manner, to the same extent and in the same circumstances as they did before the notice was given.

• Marginal note:Prohibition relating to employees in bargaining unit

  (6) Subject to subsection (7), during a strike or lockout not prohibited by this Part that, with the exception of work performed for the purpose of compliance with section 87.4 or 87.7, is intended to involve the cessation of work by all employees in the bargaining unit, no employer or person acting on behalf of an employer shall use the services of any employee in that unit for a purpose other than compliance with those sections.

• Marginal note:Exception — threat, destruction or damage

  (7) An employer or person acting on behalf of an employer who uses the services of any person referred to in paragraphs (4)(a) to (d) or of an employee referred to in subsection (6) does not contravene subsection (4) or (6) if

  • (a) the services are used solely in order to deal with a situation that presents or could reasonably be expected to present an imminent or serious

    • (i) threat to the life, health or safety of any person,

    • (ii) threat of destruction of, or serious damage to, the employer’s property or premises, or

    • (iii) threat of serious environmental damage affecting the employer’s property or premises;

  • (b) the use of the services is necessary in order to deal with the situation because the employer or person acting on behalf of an employer is unable to do so by any other means, such as by using the services of a person who is not referred to in paragraphs (4)(a) to (d) or in subsection (6); and

  • (c) in the case of the services of a person referred to in paragraphs (4)(a) to (d), the employer or person acting on behalf of an employer gave the employees in the bargaining unit on strike or locked out the opportunity to perform the necessary work before using the services of that person.

• Marginal note:For greater certainty

  (8) For greater certainty, an employer or person acting on behalf of an employer may rely on subsection (7) only for the conservation purposes referred to in paragraph (7)(a) and not for the purpose of continuing the supply of services, operation of facilities or production of goods in a manner contrary to subsection (4) or (6).