provided by Research Papers in Economics
Bill 187 - The Agricultural Employees Protection Act
A Special Report
by
George Leroux, Fellow, George Morris Centre
The Agricultural Employees Protection Act (Bill 187) was recently introduced in the Ontario
Provincial Legislature. This legislation is the Ontario government’s response to the decision of
the Supreme Court taken in response to an action launched by the United Food and Commercial
Workers’ Union (UFCW).
At its core, Bill 187 provides agricultural workers the right to associate and act collectively in
pursuing and representing their interests with employers, but prevents them from forming unions.
It also maintains the “special” treatment that agricultural workers and employers receive by
excluding them from the Labour Relations Act (LRA).
This article reviews the history leading to the introduction of Bill 187, and discusses some of the
implications that the proposed Act may have for the agricultural workplace. While the focus here
is on Ontario, since this is where the legislation is being introduced, there may be implications for
agri-food workplaces in other provinces.
History
Agricultural workers in Ontario were excluded from the LRA until 1994 when the NDP government
in Ontario passed the Agricultural Labour Relations Act (ALRA). The ALRA gave agricultural
employees the right to unionize, and provided for settlement of disputes through mediation and
binding arbitration, but forbade strikes.
In 1995, the Progressive Conservative government repealed the ALRA, and re-instituted the
agricultural exemptions in the LRA. Subsequently, the UFCW initiated a legal challenge against
the government to fight for the same rights for agricultural workers as those enjoyed by all other
workers under the LRA. The UFCW challenge culminated in 2001 with a Supreme Court of
Canada decision directing the provincial government to provide agricultural workers the right to
associate.
Accordingly, on Oct. 7th, 2002, the Hon. Helen Johns, Ontario Minister of Agriculture and Food,
introduced Bill 187, the Agricultural Employees Protection Act, 2002 in the Provincial Legislature.
This Bill is now in the consultation stage, and is expected to be passed before yearend. The
Supreme Court ruling requires the government to have the necessary provisions in place by June
2003, or provide agricultural workers the same rights as most other workers under the LRA.
Bill 187, the Agricultural Employee Protection Act
All workers in Ontario are provided certain basic rights under the Employment Standards Act, the
Human Rights Code, and the Workplace Safety and Insurance Act. Nothing in either Bill 187 or
the LRA reduces the obligations of agricultural employers to provide the basic employee rights
outlined in these Acts.