Key Observations Regarding the Effect of Replacement Workers Legislation on Workers
The following tables were prepared by the Labour Program of Human Resources and Social Development Canada (HRSDC) from publicly available sources as part of a commentary on the replacement worker issue entitled "Key Observations Regarding the Effect of Replacement Workers Legislation on Workers" dated October 24, 2006. In order to make the jurisdictions comparable it only covers the private sector. The tables cover Quebec, British Columbia (both with restrictions on the use of replacement workers), Ontario and federal (coverage under the Canada Labour Code) where no such restrictions exist. The complete report is available from the Labour Program.
Those who propose restrictions on replacement workers argue that it will reduce the number of work stoppages and the duration of same. Such is not the case.
The tables below show that there is no evidence that replacement worker legislation:
- reduces the number of work stoppages
- results in shorter duration of work stoppages
- reduces the number of days lost
- has any effect on wage outcomes
Table 1
Work stoppages in all jurisdictions were lower in 2005 than 1976. Proportionately Quebec has the largest number of work stoppages in any of the jurisdictions, about double that of Ontario. In 2005 Quebec had 76 work stoppages. Federally there were four.
Sector |
Number of work stoppages 1976 |
Number of work stoppages per 10,000 workers |
Number of work stoppages 2005 |
Number of work stoppages per 10,000 workers |
| Federal | 46 | 0.97 | 4 | 0.05 |
| Ontario | 230 | 0.7 | 58 | 0.12 |
| Québec | 282 | 1.5 | 76 | 0.25 |
| British Columbia | <72 | 0.7 | 7 | 0.04 |
Table 2
Quebec's legislation banning replacement workers came into effect in the late 1970s. Since that time the average length of work stoppages in the province has increased. Over the 2003-2005 period, on average, work stoppages in Quebec were longer than in BC, Ontario or federally.
| Federal | Ontario | Québec | British Columbia | |
| 1975 | 22.4 | 30.0 | 35.0 | 30.6 |
| 1976 | 24.8 | 31.2 | 37.8 | 34.2 |
| 1977 | 53.1 | 23.5 | 38.1 | 16.3 |
| Average | 33.4 | 28.2 | 37.0 | 27.0 |
| 1990 | 59.6 | 39.8 | 42.4 | 36.6 |
| 1991 | 36.8 | 42.2 | 37.2 | 43.3 |
| 1992 | 71.3 | 37.0 | 40.8 | 51.9 |
| Average | 55.9 | 39.7 | 40.1 | 43.9 |
| 2003 | 51.0 | 38.2 | 46.3 | 34.5 |
| 2004 | 46.5 | 30.1 | 57.0 | 36.7 |
| 2005 | 34.3 | 46.0 | 36.4 | 15.4 |
| Average | 43.9 | 38.1 | 46.6 | 28.9 |
Table 3
The existence of replacement worker legislation is not a factor in determining days lost due to labour disputes. In some years the days lost per 1000 employees were lower in Quebec than federally, sometimes higher. The same is true in comparing Ontario and Quebec.
| Federal | Ontario | Québec | British Columbia | |
| 1976 | 188,550 | 1,471,630 | 4,411,730 | 1,405,340 |
| 1977 | 487,940 | 1,032,220 | 1,022,170 | 137,240 |
| Average | 338,245 | 1,251,925 | 2,716,950 | 771,290 |
| Day lost per 1,000 workers | 465 | 400 | 1,425 | 775 |
| 1990 | 47,070 | 2,835,200 | 700,360 | 104,050 |
| 1991 | 104,230 | 293,130 | 293,870 | 89,440 |
| 1992 | 194,720 | 435,070 | 312,210 | 545,620 |
| Average | 115,340 | 1,187,800 | 435,480 | 246,370 |
| Day lost per 1,000 workers | 143 | 340 | 204 | 223 |
| 2003 | 203,640 | 429,960 | 533,400 | 155,280 |
| 2004 | 161,870 | 428,170 | 433,503 | 43,360 |
| 2005 | 1,220,850 | 323,780 | 216,142 | 76,820 |
| Average | 528,787 | 393,970 | 394,348 | 91,786 |
| Day lost per 1,000 workers | 464 | 81 | 132 | 59 |
Table 4
This table show that there is no relationship between wage increases and the existence or not of replacement worker legislation.
| Sector |
1992 Salary Adjustment(%) |
1995 Salary Adjustment(%) |
2005 Salary Adjustment(%) |
| Federal | 2.3 | 1.4 | 2.7 |
| Ontario | 2.7 | 1.6 | 2.3 |
| Québec | 2.3 | 1.5 | 2.4 |
| British Columbia | 2.5 | 1.3 | 2.3 |