Employment 2025

CANADA Law and Practice Contributed by: Christopher Pigott, Rachel Younan, Jacob Wagner and Felisha Jagiah, Fasken

relations (for example, HR professionals) are gener - ally excluded from the protections in labour relations legislation. Additionally, certain sectors or industries (eg, the education sector and the agricultural indus - try) can have separate labour relations legislation that establishes individualised regimes. 6.2 Employee Representative Bodies Employee representative bodies, most commonly referred to as employee associations in Canada, are generally not regulated and are generally not afford - ed the same rights and protections as trade unions across the country. Such associations can be insti - tuted by any person, including an employee or the employer. Even though an employer has no legal obligation to recognise or engage with an employee associa - tion, employers in Canada may choose to do so as a means of involving employees in workplace matters and proactively identifying and resolving worker dis - satisfaction. However, the right of certain employees to form or become members of an employee associa - tion is protected by legislation. 6.3 Collective Bargaining Agreements The employer has a duty to bargain in good faith with the union, once it has been certified, to reach a collec - tive agreement. The collective agreement defines the terms and conditions of employment for the bargain - ing unit. The collective agreement reached will apply to all employees in the bargaining unit and not only those who showed support for the union during the certification process. The employer is no longer per - mitted to negotiate or contract directly with employ - ees in the bargaining unit over terms and conditions of employment. Certain minimum standards are required in collective bargaining agreements in Canada or, in the absence of such a term, are implied at law. By way of example, most Canadian jurisdictions require that a collective bargaining agreement provide for a minimum term of one year – although employers and unions may agree to a lengthier term. The collective bargaining agree - ment must also provide that no strikes or lockouts will occur during the term. Additionally, collective bargain -

ing agreements across Canada must include a griev - ance and arbitration procedure for resolving disputes. Although parties to a collective bargaining agreement may agree to a variety of terms and conditions of employment, the parties cannot contract out of certain protections, including human rights protections and minimum employment standards. Canadian courts have concluded that those laws are necessarily incor - porated into each collective bargaining agreement, even if the express terms of the agreement provide otherwise. Federal Prohibitions on Replacement Workers On 20 June 2025, the Canada Labour Code and the Canada Industrial Relations Board Regulations 2012 were amended. The amended legislation now pro - hibits employers from using replacement workers in specific contexts. This includes: • employees and managers hired after the notice to bargain was given; • contractors (regardless of hire date), except where the contractors were continuing to do their own work that was substantially similar to work done by striking or locked-out employees before the notice to bargain was given; • any employee whose normal workplace is a work - place other than that at which the strike or lockout is taking place, including anyone transferred to the strike or lockout location after the notice to bargain was given; and • any volunteer, student or member of the public. The prohibition in this regard is subject to exceptions, which includes: • affording employees the opportunity to work before the strike or lockout or to prevent threats to life, health or safety; • destruction or serious damage to the employer’s property/premises; or • serious environmental damage affecting the employer’s property/premises. If the employer is convicted and prosecuted of breach - ing the above-mentioned prohibitions, they may be fined between CAD1,000 and CAD10,000 per day.

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