Ban Replacement Workers, Shield Strikers

Summary#

This bill changes Nova Scotia’s Trade Union Act to ban replacement workers during a strike or lockout. It also protects people who refuse to do the work of striking employees. The bill adds strong fines and lets the government create an administrative fines system to enforce the rules.

• Bans employers from using anyone — paid or unpaid — to do the regular work of a unionized group on strike or locked out.
• Forbids employers from firing, threatening, or penalizing someone who refuses to do that struck work.
• Allows a limited exception only if the employer and the union agree in writing to specific tasks needed to prevent health and safety hazards.
• Sets court fines of up to $100,000 per day for violations.
• Lets the government set up administrative fines (a separate ticket-style penalty system) and rules for how they are applied and appealed.
• Prevents double penalties: authorities must choose either a court case or an administrative fine, not both.
• Updates cross-references in the Trade Union Act to include these new rules.

What it means for you#

• Workers

  • Your employer cannot bring in replacement staff, contractors, managers, or volunteers to do your regular jobs during a strike or lockout.
  • You can refuse to do the work of striking coworkers without being fired, threatened, or punished for it.
  • Health and safety tasks can continue during a strike, but only if your union agrees in writing to the specific tasks.

• Employers

  • You cannot use replacement workers (paid or unpaid) to do the normal work of the striking bargaining unit (the group of workers represented by a union).
  • You face fines up to $100,000 per day in court for breaking these rules, and may also face administrative fines set by regulation.
  • You may continue agreed health and safety work during a strike, but it must be clearly listed in a written agreement with the union.
  • You must choose your approach to penalties will be handled through one system: authorities cannot pursue both a court offence and an administrative fine for the same act.

• Unions

  • The strike line is stronger because employers cannot replace your members’ regular work.
  • You will need to negotiate and document any health and safety work that must continue during a strike or lockout.

• Non-union employees and contractors

  • You may refuse to do the work of unionized staff who are on strike without being fired, threatened, or penalized for that refusal.

• Customers and the public

  • Services may stop more fully during a strike because replacement workers are not allowed.
  • Safety-related tasks can still be done if the union and employer agree in writing, but other services may be delayed until the dispute ends.

Expenses#

No publicly available information.

Proponents' View#

• Protects the right to strike by stopping “scab” labour (replacement workers), which can weaken workers’ bargaining power.
• Encourages faster, fairer deals because both sides feel pressure to settle without workarounds.
• Reduces conflict and intimidation on picket lines by making the rules clear and enforceable.
• Safeguards people who refuse to cross picket lines or do struck work.
• Keeps essential safety work going through written agreements, so health and safety are not at risk.

Opponents' View#

• Could lead to longer or broader service shutdowns during strikes, affecting customers and the public.
• Removes flexibility for employers to keep operations going, especially for small businesses.
• Heavy fines (up to $100,000 per day) may be disproportionate and raise legal risks.
• Disputes may arise over what counts as “work ordinarily done” by the striking group, leading to more complaints and litigation.
• Health and safety exceptions require union agreement; if talks break down, there could be gaps in non-urgent but important services.