Remedial certification by the Ontario Labour Relations Board
(the "Board") allows a union to be certified as the
bargaining agent for a group of employees where, despite failing to
demonstrate that a majority of employees favour unionization, the
Board determines that an employer's misconduct during the
certification process may have prevented the "true
wishes" of employees from being expressed with regards to
unionization.
Changes to remedial certification were introduced by
Ontario's previous provincial government through the Fair
Workplaces, Better Jobs Act, 2017 ("Bill
148"). Bill 148 made it mandatory for
the Board to order remedial certification where an employer's
contravention of the Labour Relations Act, 1995, S.O.
1995, c.1, Sched. A ("LRA") resulted in a situation where
"the true wishes of the employees in the bargaining unit were
not likely reflected in a representation vote" or where such
contravention resulted in the union failing to obtain signed
