Households and service users
- Essential safety-related services must continue during strikes or lockouts, either by agreement or Board order (Bill s.87.4(1)–(6.1)).
- You may see service disruptions in federally regulated sectors (e.g., air, rail, ports, telecom, banking, postal). The law seeks to protect health and safety, not to keep full service operating (Canada Labour Program sector list; Bill s.87.4, s.94(7)).
- When disputes end, normal staffing should resume faster because workers have reinstatement priority (Bill s.87.6).
Workers (federally regulated, unionized)
- Your employer cannot use most replacement workers (new hires after notice to bargain, outside contractors, volunteers, students, or employees moved in after notice) to do your duties during a legal strike or lockout, with narrow safety exceptions (Bill s.94(4), s.94(7)–(8)).
- In an all-out strike, the employer cannot assign your bargaining-unit colleagues to do struck work except for maintenance of activities required by the Code (Bill s.94(6), s.87.4).
- If you were on legal strike or locked out, you must be reinstated ahead of any other person when the dispute ends (Bill s.87.6).
- Timing: Rules apply starting June 20, 2025. The maintenance-of-activities rules apply to bargaining where notice to bargain is given on or after that date (Transitional, Bill).
Employers and managers (federally regulated)
- Within 15 days after notice to bargain, you and the union must file a maintenance-of-activities agreement; if not, either side can apply to the Board, which must decide within 82 days (Bill s.87.4(2)–(6.1)).
- During a legal strike/lockout, you cannot use:
- Employees or managers hired after notice to bargain,
- Contractors or other employers’ employees,
- Employees transferred in or working at other locations,
- Volunteers, students, or the public,
except for narrow safety, property, or environmental threats and only if specific conditions are met (Bill s.94(4), s.94(7)).
- You may continue using pre-existing contractors who were already doing substantially the same work before notice to bargain, but only in the same manner, extent, and circumstances as before (Bill s.94(5)).
- Violations can draw Board orders and fines up to $100,000 per day; an administrative monetary penalties scheme may also apply once regulations are made (Bill s.99(1)(b.3)-(b.4), s.99.01, s.100.1, s.111.01).
- Strike/lockout notices can only be given after the maintenance-of-activities agreement is filed or the Board has ruled (Bill s.87.2(4)).