"The review panel and the chambers judge both reached the correct legal conclusion in holding that the Board did not exceed the scope of its jurisdiction when it ordered Gate Gourmet to cease and desist from using out-of-province workers to perform “struck work” in response to a strike action by Gate Gourmet employees at YVR,” said Justice W. Paul Riley in the Gate Gourmet Canada Inc. v. Unite Here, Local 40, 2025 BCCA 246 decision.

Canada’s Bill C-58—An Act to amend the Canada Labour Code and the Industrial Relations Board Regulations, 2012—took effect June 20. The legislation received royal assent in June 2024, shortly after it passed through the Senate.

Several Canadian provinces have also introduced their own anti-scab legislation.

Workers reassigned during strike

Gate Gourmet, an airline catering company, reassigned catering duties for Vancouver International Airport (YVR) flights to staff in Calgary, Edmonton, and Toronto during a strike by its unionised B.C. workforce in August 2022, according to the court document.

The union, Unite Here, Local 40, filed a complaint, arguing that this violated B.C.’s Labour Relations Code, which prohibits employers from using replacement workers to perform the work of striking employees.

The Labour Relations Board agreed with the union and ordered Gate Gourmet to stop the practice. The company appealed, arguing that the Board’s order amounted to an unconstitutional application of B.C. law to activities and employees outside the...

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