Canada

"Non-application 3 This Act does not apply, (a) to a domestic employed in a private home; (b) to a person employed in hunting or trapping; (b.1) to an employee within the meaning of the Agricultural Employees Protection Act, 2002; (c) to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture; (d) to a member of a police force within the meaning of the Police Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (d) of the Act is amended by striking out “police force within the meaning of the Police Services Act” at the end and substituting “police service within the meaning of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 27) (e) except as provided in Part IX of the Fire Protection and Prevention Act, 1997, to a person who is a firefighter within the meaning of subsection 41 (1) of that Act; (f) to a member of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014, except as provided by that Act and by the Protecting the School Year Act, 2015, or to a supervisory officer, a principal or a vice-principal within the meaning of the Education Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (f) of the Act is repealed and the following substituted: (See: 2015, c. 11, s. 20 (2)) (f) to a member of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014, except as provided by that Act, or to a supervisory officer, a principal or a vice-principal within the meaning of the Education Act; (g) Repealed: 2006, c. 35, Sched. C, s. 57 (2). (h) to an employee of a college of applied arts and technology; (i) to a provincial judge; or (j) to a person employed as a labour mediator or labour conciliator. 1995, c. 1, Sched. A, s. 3; 1997, c. 4, s. 83; 1997, c. 31, s. 151; 2002, c. 16, s. 20; 2006, c. 35, Sched. C, s. 57 (2); 2014, c. 5, s. 50; 2015, c. 11, s. 20 (1). Strike or lock-out 79 (1) Where a collective agreement is in operation, no employee bound by the agreement shall strike and no employer bound by the agreement shall lock out such an employee. 1995, c. 1, Sched. A, s. 79 (1). No agreement (2) Where no collective agreement is in operation, no employee shall strike and no employer shall lock out an employee until the Minister has appointed a conciliation officer or a mediator under this Act and, (a) nine days have elapsed after the day the Minister is deemed pursuant to subsection 122 (2) to have released to the parties the report of a conciliation board or mediator; or (b) 16 days have elapsed after the day the Minister is deemed pursuant to subsection 122 (2) to have released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board. 2018, c. 14, Sched. 2, s. 10. Mandatory strike vote (3) If a collective agreement is or has been in operation, no employee shall strike unless a strike vote is taken 30 days or less before the collective agreement expires or at any time after the agreement expires and more than 50 per cent of those voting vote in favour of a strike. 1995, c. 1, Sched. A, s. 79 (3). Same (4) Subject to section 79.1, if no collective agreement has been in operation, no employee shall strike unless a strike vote is taken on or after the day on which a conciliation officer is appointed and more than 50 per cent of those voting vote in favour of a strike. 1995, c. 1, Sched. A, s. 79 (4); 2000, c. 38, s. 10. Exceptions (5) Subsections (3) and (4) do not apply, (a) to an employee in the construction industry; or (b) to an employee performing maintenance who is represented by a trade union that, according to trade union practice, pertains to the construction industry if the employee or any of the other employees in the bargaining unit the employee is in were referred to their employment by the trade union. 1998, c. 8, s. 8. Threatening strike or lock-out (6) No employee shall threaten an unlawful strike and no employer shall threaten an unlawful lock-out of an employee. 1995, c. 1, Sched. A, s. 79 (6). Strike or ratification vote to be secret (7) A strike vote or a vote to ratify a proposed collective agreement or memorandum of settlement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed. 1995, c. 1, Sched. A, s. 79 (7). Right to vote (8) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a strike vote or a vote to ratify a proposed collective agreement or memorandum of settlement. 1995, c. 1, Sched. A, s. 79 (8). Opportunity to vote (9) Any vote mentioned in subsection (7) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. If the vote taken is otherwise than by mail, the time and place for voting must be reasonably convenient. 1995, c. 1, Sched. A, s. 79 (9)."