Province Proposes Changes to “Open Periods” Under Labour Relations Act

The government has posted a proposal under Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026 to amend the Labour Relations Act by shortening the construction industry “open period” from the current two months to one month. The consultation is now open until July 6^th. For OSWCA members operating in the unionized construction sector, this is a notable labour relations development that could affect future bargaining cycles and potential union displacement or decertification activity.

The “open period” occurs over the final two months of each collective agreement. It allows for:

1. a competing union to apply to displace an incumbent union (“raid”); or
2. employees to apply to terminate a union’s bargaining rights.

The Province is proposing to reduce this period to one month. Two different models are being proposed, and are currently open for industry comment:

Model A – Last Month of Agreement
The one-month open period would occur during the final month of the collective agreement.

Model B – Second-Last Month of Agreement
The one-month open period would occur during the month immediately before the final month of the agreement.

For many contractors, reducing the duration of open periods may be positive if it leads to less uncertainty and smoother project delivery at the end of each collective agreement. OSWCA’s initial view is that there may be advantages to Model B, as it could separate representation disputes from the final month of bargaining and leave the last month focused on renewal negotiations.

To review the proposal in more detail and/or provide your own comment, you can review it at the following link: https://www.regulatoryregistry.gov.on.ca/proposal/53895

If you are interested, or have any questions, please contact Patrick McManus (905-629-7766 or patrick.mcmanus@oswca.org).