Canada’s Federal Anti-Scab Law is in Force: What It Means & What’s Next

Replacement workers, or “scabs,” have always been an important issue for the labour movement.

A very important change in Canadian labour law came to fruition in late June, when an historic federal “anti-scab” law came into force.

The use of strikebreakers, or scabs, has been identified as an unfair tactic from the earliest days of the labour movement. It is a standard method of “union-busting” that allows employers to try to sidestep the consequences of a work stoppage, thus giving them less motivation to come to the bargaining table with any intention of compromise.

Beyond this, companies that use strikebreakers can actually save on payroll and increase their profit margin during a labour dispute. For the labour movement and anyone on the side of workers, this makes it clear why the use of “scabs” is considered immoral.

The Canadian labour movement across the country is celebrating anti-scab legislation as a win, UFCW Local 401 included. But your union is also paying close attention to what all this means, in practice, for our members.

A Quick Guide to the New Law

Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012, came into force on June 20th of this year.

The law was developed through extensive consultations with unions and employers and received support in Parliament. The Government of Canada’s official statement on the day said:

“What we heard is that the use of replacement workers compromises the fundamental right to strike; it can tip the scales, derail good faith bargaining, and heighten tensions.”

The statement continued:

“Starting today, the use of replacement workers to do the work of unionized employees who are on strike or locked out is prohibited in federally regulated workplaces, allowing parties to stay focused on reaching fair, negotiated deals.”

The ban on replacement workers applies to any strike or lockout ongoing on or after June 20, 2025, and its new requirements apply to any collective bargaining process for which notice to bargain is given on or after June 20, 2025.

The Canada Industrial Relations Board (CIRB) is an independent tribunal that resolves disputes and certain appeals arising in federally regulated workplaces under the Canada Labour Code. If workers or their union believe the law is being violated, they can lodge a complaint with CIRB and trigger an investigation.

This legislation was recently put to the test in a labour dispute between DHL Express and its Canadian workforce, in which the company locked its employees out and tried to get an exemption from the law in Ottawa. The law held firm in this instance, but the situation made clear that unions will have to stay vigilant in seeing it enforced.

What It Could Mean for Alberta Workers

The legislation is an important win for the labour movement in Canada. However, its protections are for federally-regulated workers only.

These protections still don’t apply to many workers in provinces that lack prohibitions on replacement labour. Alberta, unfortunately, is one of these… and there will be a fight ahead to extend these kinds of protections more widely.

As President Thomas Hesse of UFCW 401 notes:

“It’s important to remember that Bill C-58 was opposed vociferously by anti-union organizations, lawyers and associated ‘experts.'”

Adds Secretary-Treasurer Richelle Stewart:

“To hear a lot of these opponents talk, a situation where the law supports worker solidarity and protects the integrity of collective bargaining is an affront to the natural order of things.”

A representative example of the anti-union viewpoint as the bill was being advanced was a C2C Journal opinion piece that talked up the “healing power of scabs” and claimed the law would be disruptive in what they fondly imagined as “a country that has largely moved past unionization.”

It’s clear today that Canada is nowhere near being “past unionization” as that particular journal hoped. However, it’s also clear that these anti-union attitudes are far from dead.

As manifested by conservative entities like Alberta’s current UCP government, these attitudes will likely remain an obstacle to establishing anti-scab laws at the provincial level.

What Could the Future Hold?

The implementation of Bill C-58 is a clear victory for Canadian workers and could lead to significant progress for the labour movement.

Still, we need to remain vigilant and prepare for battles ahead in realizing the true potential of this moment.

The federal scab ban strengthens workers’ hands in negotiating with employers, but it doesn’t address government interference in the bargaining process. Even the Liberal government that introduced Bill C-58 was not always a friend of organized labour.

The law brings fairness to workers in the three provinces — Quebec, Manitoba and B.C. — that already have replacement worker bans in place. But even having such prohibitions is no guarantee that employers won’t attempt to violate them, as was alleged in the Jean Coutu lockout in Quebec a few years ago.

With all of that said, UFCW Local 401 is glad to celebrate this historic milestone and is dedicated to working for a replacement worker ban here at home.

Says President Thomas Hesse of Local 401:

“Anti-scab legislation at the federal level could mark the dawn of a new era in Canadian labour relations. We anticipate new fights to come both in enforcing this law, and in expanding its protections to the provincial level in Alberta.”

Adds Secretary-Treasurer Richelle Stewart:

“Your union has a history of taking on and winning tough fights. With the continued support of our members, we will remain dedicated to carrying that record forward and protecting the rights of Alberta workers.”

Posted on: July 03,2025