Replacement Workers Need Not Apply: Canada’s Anti-Scab Landscape
Across Canada, there are few issues during labour disputes that strike at the core of collective bargaining power as sharply as the use of replacement workers or “scabs”. Within the Canadian labour landscape, anti-scab legislation has become a pillar in protecting union workers’ bargaining power.
Replacement workers or scabs can prolong strikes, heighten workplace conflict, and undermine unions’ rights to meaningful collective bargaining. Over the years, Canada has seen many important developments in anti-scab legislation and protections for striking workers; however, protections remain uneven across the country. Understanding where anti-scab legislation exists and how unions can respond where legislation does not exist is critical to effective labour relations.
What is Anti-Scab Legislation?
Anti-scab legislation prohibits employers from hiring replacement workers to perform the work of bargaining unit members during a legal strike or lockout. While across Canada the language and wording may differ, the core principle remains paramount: anti-scab legislation prevents employers from continuing business as usual during labour disputes in a way that may weaken the union’s bargaining power.
By banning replacement workers, the legislation preserves the function of a strike as a means to restore and promote balanced collective bargaining.
Where Does Anti-Scab Legislation Exist in Canada?
Federal Jurisdiction – Canada Labour Code, RSC 1985, c L-2
As of June 20th, 2025, federally regulated workplaces covered under the Canada Labour Code are protected by anti-replacement worker provisions. This historic law limits the employer’s ability to rely on replacement workers within federally regulated sectors.
The bill to enact anti-scab legislation was passed unanimously through the House of Commons, reflecting years of advocacy by labour unions. If a federally regulated employer fails to follow these provisions, they may be subject to significant penalties, including a daily fine of $100,000.
Quebec – Labour Code, CQLR c C-27
Quebec has long been considered the gold standard for anti-scab legislation. Since the 1970s, Quebec has had anti-scab legislation embedded into its labour code, completely prohibiting the use of replacement workers during legal strikes and lockouts.
British Columbia – Labour Relations Code, RSBC 1996, c 244
British Columbia is another province with anti-scab legislation. The legislation has existed since 1993. If an employer is found to have violated this provision of the Act, they may face legal action from the British Columbia Labour Relations Board.
Manitoba – Labour Relations Act, CCSM c L10
In 2023, Manitoba became the third province to enact legislation that strictly prohibits the use of replacement workers from the point at which notice to commence collective bargaining is given.
Ontario – Labour Relations Act, 1995, SO 1995, c 1, Sch A
Ontario previously had anti-scab legislation until the late 1990s when the legislation was repealed under Premier Mike Harris.
In 2023, Ontario introduced Bill 90, which aimed to amend the Labour Relations Act to prohibit replacement workers. The bill was defeated during second reading; however, there continue to be calls across the province and within the legislature to introduce new legislation addressing replacement workers.
Why Does Anti-Scab Legislation Matter?
There are various reasons why anti-scab legislation matters to workers across Canada.
The use of replacement workers can weaken collective bargaining power. If an employer loses the incentive to bargain fairly because work continues as usual, there is little motivation to negotiate in good faith.
Replacement workers may also prolong labour disputes, as striking workers lose leverage to force a settlement. Additionally, the use of scab workers undermines workplace solidarity and divides communities, as tensions and conflicts may arise between members and replacement workers.
The prohibition of scab workers aims to make labour disputes more balanced and encourage both sides to reach a timely and fair agreement.
What to Do if Your Province Does Not Have Anti-Scab Legislation
The absence of anti-scab legislation in your province does not mean unions are without tools. Strategic, legal and political responses remain critical.
1. Organize and Advocate for Change
Anti-scab laws are often achieved through sustained political advocacy and public support. Unions and workers across Canada have been effective in pushing governments to adopt anti-scab legislation. Unions should document and publicize the real impacts of replacement workers while organizing petitions and lobbying provincial governments.
2. Use Existing Labour Laws Creatively
In some provinces, existing labour relations and human rights legislation can offer partial protection against aggressive employer tactics during labour disputes.
Even where replacement workers are permitted, employers cannot interfere with employees’ union rights, undermine the union’s status, or engage in bad-faith bargaining. Evidence of such behaviour may constitute an Unfair Labour Practice and should be discussed with a labour lawyer.
3. Bargain Anti-Scab Language into the Collective Agreement
Where legal protections are limited, unions should prioritize contractual limits on replacement workers. This can include negotiating stronger language on job security, recall rights and contracting-out provisions.
Contracting-out clauses may act as a functional limit on replacement workers by preventing employers from assigning bargaining-unit work to external contractors. Replacing an experienced workforce can be costly and operationally difficult, particularly where work requires specialized skills or institutional knowledge.
4. Strategic Strike Planning
In areas without anti-scab legislation, unions must incorporate replacement worker strategies into strike planning.
Unions should educate their members about management expectations, coordinate picketing strategies within legal limits and prepare strong media and messaging strategies to frame the dispute effectively.
The Takeaway
Anti-scab legislation is not merely a labour law issue—it strikes at the heart of collective bargaining.
While recent federal reforms represent an important step forward, the patchwork of protections across Canada continues to create unequal bargaining conditions for workers.
Until anti-scab legislation exists nationwide, unions must remain proactive and strategic through careful planning, strong advocacy and continued political engagement.
Even unions without anti-scab legislation can still defend good-faith bargaining and advance long-term reform in labour law.
Disclaimer
The content within this blog is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Watson Palmer Labour Lawyers does not warrant or guarantee the quality, accuracy or completeness of any information contained in this blog.
If you would like more information, or have a specific question you would like to discuss with our Firm, please contact us by email at jfalcioni@watsonpalmerlaw.com.
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