Essential services: What is and Isn't, Across Canada

CBC News

The government of Saskatchewan is hoping to enact new essential services legislation that would require bargaining units and employers to determine at least 90 days in advance of a strike which workers must remain on the job and maintain services during a work stoppage. Following an April 2008 transit strike, the city of Toronto is considering making the TTC an essential service, forcing workers to remain on the job even in the event of a strike action.

What does an essential service designation mean:

Essential services are those necessary to prevent danger to life, health or safety and disruption of the courts. Employees who are designated as having essential positions must continue to provide services during a strike.

Who can and cannot strike?
Essential service designation is different from legislation that prohibits the right to strike. For example, across Canada police, firefighters, and hospital employees don't have the right to strike as stated in their collective agreements and their disputes must be settled through binding arbitration. But for most sectors considered essential, some workers can still go on strike while the employees whose positions are determined to be vital by their employer must continue to work.

Who decides what's essential?
The Public Service Labour Relations Act designates which federal public employees will continue providing service in the event of a work stoppage.
The Canada Labour Code ensures other federal services like telecommunications, railways, banks, ports and national security are staffed during a strike action.
Provincially, it starts to get a little tricky. Each province has varying legislation and collective agreements to determine what services are essential.

How does it work in each province and territory?
Nova Scotia recently passed the Trade Union Act that allows employers to designate essential positions during a strike action. Saskatchewan is proposing a similar act. Prior to 2007, neither province had any specific essential service legislation in place.
Manitoba enforces essential services through the Essential Services Act, which specifies which public sector employees must continue to provide service during a strike. The province considers services like the department of finance, air ambulances, community living and the department of highways and transportation as essential.

Quebec's Essential Services Council determines which employees are subject to restrictions barring them from withdrawing services completely. While public transit is not considered an essential service in Quebec, the council requires transit workers to provide normal service during rush hour and other times the council deems necessary.

In P.E.I. and Alberta, there is legislation that prevents hospital employees, the department of health and social services and police and firefighters from going on strike. Like many other provinces, including British Columbia, New Brunswick and Newfoundland, their essential service legislation allows employers to designate positions that will continue to provide crucial services while a strike is taking place.

Legislation in Ontario requires that Crown employees and ambulance workers have an essential services agreement in place before a strike can begin so that certain services can continue.
In the Northwest Territories and Nunavut, the Public Service Act specifies that services deemed essential must ensure a continuation of minimal service in order to protect the health and safety of the public. The act also calls for senior employees of power plants to remain on the job.
The Yukon relies on federal legislation.

Is essential service designation bad for unions?
Unions worry about the implications of legislation and say that potentially undermines their bargaining power and takes away the right to strike. Critics of essential services legislation complain that a continuation of services lessens public pressure on the employer to end the work stoppage, resulting in longer strikes. However, lengthy strikes generally end in arbitration, which tends to yield more favourable contracts for employees than negotiations.

Is essential service designation good for taxpayers?
While the retention of essential services is beneficial for the public, lengthy strikes that end in arbitration can mean a bigger payout for union workers, which can be costly for taxpayers.

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