Replacement Worker Complaint - Section 94 of the Canada Labour Code

Part I–Industrial Relations

Note: If you have any questions about this form, please contact a Canada Industrial Relations Board officer at 1-800-575-9696.

The information provided and any documents submitted to the Canada Industrial Relations Board (the Board) are collected solely for the purpose of administering the Canada Labour Code (the Code) and will be used to deal with and adjudicate matters that come before the Board. Parties that engage the Board’s services should be aware that this is a public process. Apart from documents exchanged during mediation, the documents you send the Board are stored in a file that is accessible to the public on request. The Board also posts key decisions on its website, and these decisions may identify parties and witnesses by name and may include information about them that is relevant and necessary to the Board’s decision.

Please let the Board know if you have concerns about sensitive information in your file. You may request that we make this information confidential. The possibility of issuing a confidentiality order to protect your information will then be assessed. For more on this, see the Board’s Information Circular No. 12–Policy on Openness and Privacy.

Important Information Before Filing Your Complaint

This form and the related Rules of Procedure will help you provide the information that is needed when making a replacement worker complaint under section 94 of the Code. Changes to the Code, in effect as of June 20, 2025, have greatly expanded the ban on using replacement workers.

An employer is not allowed to use a replacement worker to perform the job of a person who is legally on strike or locked out (see sections 94(4) and (6) of the Code). This form will use the term work stoppage to refer to strikes or lockouts.

If you do not provide the necessary information or documents, there may be delays in processing your complaint, or it might be dismissed. The Board can decide to issue its decision based only on the written arguments and submissions.

The Board’s officers are involved in processing various cases throughout Canada. These officers mediate cases when appropriate and may help the parties in reaching a voluntary resolution of the complaint. They may also investigate whether replacement workers are being used during a lawful work stoppage. An officer may contact you regarding mediation or investigation of your complaint.

Section 1: Contact Information

You are responsible for telling the Board and the opposing party (the employer), in writing, if your contact information changes.

Complainant

Name of bargaining agent

Name of person filing the complaint

Role/Title

Address

Telephone number

Email address

Name of counsel (if applicable)

Address

Telephone number

Email address

Employer

Name

Address

Telephone number

Email address

Name of Representative or Counsel

Address

Telephone number

Email address

Section 2: Bargaining Information

Please provide the following dates. These fields are mandatory.

Expiration date of the collective agreement

Date Notice to Bargain was given

Date of Maintenance of Activities Agreement or Board order

Date of Notice of Dispute

Date of Notice of Work Stoppage

First day of work stoppage

Section 4: Specific Details

Please be as specific as possible when filling out this section. Include all the details the Board may need to understand and decide your complaint. The details must be specific enough to allow the employer to meaningfully respond to your allegations. Examples of specific details include the names of the individuals you believe are replacement workers, if known, and their job titles or categories.

Number of workers in the bargaining unit on work stoppage

Number of workers in the workplace (approx.)

Number of alleged replacement workers (approx.)

Please explain the situation while using as much detail as possible (for example, the work that you believe is normally performed by workers currently involved in a work stoppage and that is currently being performed by someone else, the dates and times of the work performed, the job titles of suspected replacement workers, etc.).

When and at what worksite(s) is the replacement work taking place? Please provide addresses and shift times.

Are there other parties or potential intervenors (that is, other people, groups, unions or employers) that may be involved in this complaint specifically as it relates to using replacement workers? If so, please provide the full name and contact information for each.

Have any other relevant complaints been filed with the Board or with any other organization, court or tribunal? If so, please list the relevant file number(s) and the name of each applicable organization, court or tribunal.

Section 6: Timeless

Section 97 of the Code requires you to file your complaint within 90 days after the date on which you first knew, or ought to have known, of the action or circumstances giving rise to it. Although section 16(m.1) of the Code allows the Board to extend the 90-day time limit set out in section 97, it will only do so in exceptional circumstances.

On what date did you learn the employer was using replacement workers, and how did you find out?

Are you filing within the 90-day time limit?

Yes

If you answered no, what are the exceptional circumstances that you want the Board to consider in deciding whether to extend the 90-day time limit? Please provide any relevant supporting documentation.

Section 7: Oral Hearing

The Board does not have to hold an oral hearing, even if a party asks for one. The Board decides most complaints without a hearing based on the submissions and documents on file. If the Board decides to hold a hearing, it will usually hold a virtual hearing.

Do you believe an oral hearing is necessary?

Yes

If you answered yes, please explain why.

Section 8: Remedies

If the Board decides that the employer violated the Code by using replacement workers, it can order the employer to stop using those replacement workers (see section 99 of the Code). It can also make any other order that is reasonable and addresses the harm caused by the employer’s violation of the Code.

What remedies do you want the Board to order?

Section 9: Supporting Documents

Please provide the Board with as many of the following documents as possible:

A copy of the Certification Order (if applicable);
A copy of the expired collective agreement;
A copy of the Maintenance of Activities Agreement or of the Board’s order directing that certain activities be maintained;
A copy of the Notice to Bargain;
A copy of the Notice of Dispute;
A copy of the Notice of Strike or Lockout;
A reference to any Board decisions regarding the ongoing work stoppage (if applicable);
A detailed explanation of the facts alleged and any supporting evidence of the alleged violation of section 94, if available;
A list of the workers who are on strike or locked out, including their names and job titles; and
A list of the individuals believed to be performing replacement work, if known.

Some examples of supporting evidence are timesheets, employment contracts and emails related to the work stoppage, or the assignment of job calls. You may also want to provide a timeline of the events leading up to your complaint.

If possible, please provide all your supporting documents in a single tabbed document in Portable Document Format (PDF). Assign a number or letter to each separate document (e.g., Tab A, Tab B, etc.) and number the pages of the PDF. If you do not have certain documents, please mention this and explain why. Please note that the Board cannot access documents shared using a cloud drive.

Please list all the supporting documents attached to your complaint.

Section 10: Filing Your Complaint

The Board has an E-filing Web Portal (Portal) service, which allows you to file your PDF documents in the Board’s centralized document filing system. You can access the Portal here. You can also file your complaint by mail or in person in Ottawa. The Board’s contact information can be found on its website.

If you choose to file your document electronically using the Portal, do not forward a hard copy of the same document to the Board. The electronic version will be considered the original copy.

Duty to Transmit

In accordance with section 15 of the Canada Industrial Relations Board Regulations, 2012, you must send a copy of this complaint form and all the attachments to all the other parties. As your last supporting document, please attach evidence showing that you have sent this complaint to all the other parties.

Yes, I confirm that I have sent this complaint form and all the attachments to all the other parties.

Please note that the Board uses an expedited (accelerated) process to treat this kind of complaint (see sections 14, 15 and 16 of the Canada Industrial Relations Board Regulations, 2012 and the Rules of Procedure. For this reason, the Board only considers the complaint to be filed once it has been sent to all the parties.

By signing below, I affirm that the information provided above is accurate, to the best of my knowledge.

Complainant’s Signature

Date

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Quick links

Replacement Worker Complaint - Section 94 of the Canada Labour Code

Part I–Industrial Relations

Important Information Before Filing Your Complaint

Section 1: Contact Information

Complainant

Employer

Section 2: Bargaining Information

Section 3: General Information

Section 4: Specific Details

Section 6: Timeless

Section 7: Oral Hearing

Section 8: Remedies

Section 9: Supporting Documents

Section 10: Filing Your Complaint