The Ontario government introduced the Keeping Students in Class Act, which seeks an amendment to education workers and avert strikes
The Keeping Students in Class Act, 2022, was unveiled by the provincial government of Ontario. If enacted, this law would forbid the planned November 4 strike by 55,000 Ontario education workers represented by CUPE, including educational assistants, custodians, librarians, and early childhood educators, and would statutorily force a new collective agreement onto them.
The legislation uses the notwithstanding provision of the Canadian Charter of Rights and Freedoms to achieve its purpose of preventing and outlawing the strike or lockout throughout the duration of the contract.
Bill 28 would put an end to any strikes or lockouts that were still in effect when the bill was passed and forbid any additional ones during the duration of the contract. Up to $4,000 in fines might be imposed each day on those who don't comply. In addition to striking workers, school board officers who "counsel, procure, support, authorize, threaten or promote" a lockout throughout the length of the new collective agreement could also be subject to this penalties.
In addition to being forbidden from locking out workers for the duration of the new agreement, school boards would have a positive obligation to make all reasonable attempts to restore any operations halted by a strike or lockout. Failure to abide by the clauses banning strikes and lock-outs could result in fines of up to $500,000 being levied against school boards and the union.
If approved, CUPE would be prohibited from going on strike, and if they do, they would risk paying heavy penalties. In the event that schools must close due to a strike, school boards will not be authorised to impose a lockout and will be required to make reasonable attempts to re-establish regular school operations.