As of June 2026, provincially regulated employers in Ontario can legally hire temporary replacement workers during a strike, but they are strictly banned from using “professional strikebreakers.” However, if your workplace is federally regulated (like airlines or banks), the use of replacement workers is now federally banned.
When unionized employees walk off the job, the impact on a business is immediate and severe. For employers, the pressure to keep operations running to serve clients and protect revenue is immense. This often leads to the controversial decision of bringing in replacement workers-commonly referred to by unions as “scabs.” This practice inflames tensions on the picket line and requires extremely careful legal navigation to avoid unfair labour practice complaints.
In Ontario, labour laws are deeply divided between federal and provincial jurisdictions. 📈 The rules you must follow depend entirely on the industry you operate in. Navigating the Ontario Labour Relations Act (LRA) during a work stoppage requires a strategic, legally compliant approach. This guide walks you through the step-by-step process of understanding your rights, managing temporary labour safely, and ensuring your business survives a strike without crossing legal boundaries.
Step-by-Step Process for Managing Labour During a Strike
Whether your facility is located in Toronto, Hamilton, or Oshawa, understanding the legal boundaries of the Ontario LRA is critical. Most employers consult extensively with a labour lawyer before making any hiring decisions to avoid costly fines from the Ontario Labour Relations Board (OLRB).
Step 1: Confirming Your Legal Jurisdiction
Before you hire a single person, you must confirm if you fall under provincial or federal law. 📄 If you operate a bank, telecommunications firm, or interprovincial transport company in Ontario, you are federally regulated. Under the new federal legislation, the use of replacement workers is strictly banned. If you are a standard manufacturing plant, retail store, or construction firm, you fall under Ontario provincial law, which still permits replacement workers.
Step 2: Understanding the Professional Strikebreaker Ban
Even though Ontario allows replacement workers, Section 78 of the LRA strictly forbids the use of “professional strikebreakers.” You cannot hire individuals or agencies whose primary business is breaking strikes or instigating violence. The people you hire must be legitimate, temporary employees performing the actual work of the bargaining unit, not security thugs hired to intimidate the union.
Step 3: Reassigning Management and Internal Staff
The safest and most common legal strategy is to reassign non-union internal staff. 👤 Managers, supervisors, and administrative personnel who are not part of the bargaining unit can legally step in and perform the work of the striking employees. Because these individuals are already on your payroll, this avoids the tension of bringing in outside strangers.
Step 4: Hiring Temporary External Replacements
If management cannot cover the workload, you may hire temporary external workers. It must be explicitly communicated in their employment contracts that their positions are strictly temporary and will end the moment the strike is resolved. You must continue to follow all standard Employment Standards Act (ESA) rules, including paying them at least minimum wage and ensuring safe working conditions.
Step 5: Managing the Picket Line Safely
Crossing a picket line is the most dangerous point of conflict during a strike. 🚨 If you bring in replacement workers, you must establish safe protocols for them to enter the premises. You may need to hire licensed, professional security guards to observe the picket line and coordinate with local police to ensure the union’s picketing remains peaceful and does not unlawfully block access to the property.
Step 6: Reinstating Striking Workers
When the strike ends and a new Collective Agreement is ratified, you must navigate the return-to-work process. Under the LRA, striking workers have a right to return to their jobs. You must immediately terminate the temporary replacement workers to make room for the returning union members. Failing to reinstate striking workers can lead to massive financial penalties.
How Much Does it Cost in Ontario?
Operating a business during a strike with replacement workers is an incredibly expensive undertaking due to the logistics and legal oversight required.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| Specialized Labour Lawyer Fees | $450 – $800+ / hour |
| Licensed Security Guards (per guard) | $40 – $80 / hour |
| Temporary Worker Wages | Usually 20% to 50% above market rate to incentivize crossing the line |
| OLRB Litigation (if accused of unfair practices) | $15,000 – $50,000+ |
How Long Does the Process Take?
The timeline of a strike is highly unpredictable. Once a “No Board” report is issued, there is a mandatory 14-day cooling-off period before a legal strike or lockout can commence. The strike itself can last anywhere from a few days to several months. Under Ontario law, striking workers have an absolute right to return to their jobs if they apply to do so within the first 6 months of the strike starting.
Frequently Asked Questions (FAQ)
Can we keep the replacement workers permanently?
Generally, no. Ontario labour law protects the jobs of striking union members. When the strike ends, you must let the temporary replacement workers go and reinstate the unionized employees to their previous positions without reprisal.
Do we have to pay WSIB premiums for replacement workers?
Yes. All temporary replacement workers are considered your employees under the Workplace Safety and Insurance Act. You must ensure they are properly trained, provided with safety gear, and covered by WSIB premiums just like regular staff.
Can union members cross their own picket line to work?
Yes. Striking employees have the legal right to abandon the strike and return to work. However, doing so will likely result in severe internal union penalties, including fines and expulsion from the union, making the workplace highly toxic once the strike concludes.
What happens if replacement workers are assaulted?
If violence occurs on the picket line, you must immediately involve local police. Your lawyer can also apply to the Superior Court of Justice for a court injunction to strictly limit the number of picketers allowed near the entrance and prevent physical obstruction.
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