In British Columbia and Quebec, the use of replacement workers during a strike or a lockout is restricted. Replacement workers aren’t restricted in other Canadian provinces and the federal sector although they were banned in Ontario from 1992 to 1995. Quebec may be moving toward a more stringent law, as its anti-replacement worker legislation is being debated this summer.
Quebec’s anti-scab legislation
The Quebec provisions in question have been part of the legal landscape since 1977. They restrict the right of an employer to use replacement workers to replace employees on strike or lockout. They don’t, however, prevent an employer from having work carried out by a third party — as long as the third party isn’t doing work ordinarily done by employees on strike or lockout in the establishment where the strike or lockout has been declared.