01/09/2026
ONA is taking a major step to challenge legislation that denies nurses and health-care professionals working in hospitals and long-term care meaningful collective bargaining rights and the ability to take job action.
ONA moved its Charter challenge forward by filing a Notice of Application[KR1.1][TB1.2] to the Ontario Superior Court of Justice challenging the Hospital Labour Disputes Arbitration Act (HLDAA), a 1965 law that imposes one of the most restrictive labour relations regimes in the world. Enacted before the Canadian Charter of Rights and Freedoms existed, HLDAA imposes a ban on job action for more than 90 per cent of Ontario’s health-care workers, the vast majority of whom are women.
The Notice of Application names the Attorney General of Ontario, the Minister of Labour, the Minister of Health and the Minister of Long-Term Care as respondents.
“HLDAA has created a system where employers can sidestep meaningful collective bargaining, leaving nurses and health-care professionals without the power to negotiate improvements to the working conditions they face every day. That hurts our members, hurts patients and hurts our public health-care system,” said Erin Ariss, RN, ONA Provincial President.
The failures of HLDAA were on full display during provincial bargaining between ONA and 210 for-profit nursing homes corporations earlier this year. Rather than meaningfully negotiate a settlement, nursing homes CEOs relied on an arbitrator to decide the outcome.
"When employers rely on arbitrators to impose contracts, that is not meaningful collective bargaining. It is exactly why this system needs to change," says Ariss. An arbitration decision released earlier this month largely maintained the status quo for more than 4,000 nurses and health-care professionals who care for vulnerable residents in for-profit nursing homes.
Nurses and health-care professionals in most of Canada have some ability to take job action, including strike action, while maintaining essential patient care. “As Ontario faces unprecedented challenges, nurses and health-care professionals are fighting to restore our constitutional rights and our collective bargaining power.”
The Charter challenge will proceed to a court hearing, which will soon be scheduled, where ONA will present evidence supporting its application. Affidavits from Ariss, front-line ONA members and expert witnesses will be filed as evidence.
See the full media release: https://ona.org/news/20260901-hldaa-notice-of-application/
