Emerging from Bill 124
Bargaining compensatory wage increases post-Bill 124
In November 2022, the Ontario Superior Court of Justice declared that the Protecting a Sustainable Public Sector for Future Generations Act (formerly Bill 124) violated the Canadian Charter of Rights and Freedoms, on the grounds that the legislation interfered with collective bargaining rights. The Honourable Markus Koehnen delivered the decision.
On February 23, 2024, the Ontario government repealed the legislation.
With the restrictions placed on wages and other bargaining rights declared unconstitutional, many OCUFA member organizations invoked reopener clauses in their collective agreements to negotiate compensatory wage increases .
Re-opener increases
Association of Professors of the University of Ottawa
In October 2023, the Association of Professors of the University of Ottawa (APUO) joined the ranks of faculty associations that successfully negotiated wage reopeners following the court judgement dismissing Bill 124 as unconstitutional. The salary adjustments applied retroactively, adding 1.25% to members’ salaries on May 1, 2021, 2% on May 1, 2022, and 2.25% on May 1, 2023. This was in addition to the 1% per year increase members had already received.
Faculty Association of the University of Waterloo
The Faculty Association of the University of Waterloo (FAUW) successfully used the re-opener clause in their 2021-24 agreement to negotiate an increase in July 2023. Faculty actively employed on May 1, 2021, received an increase in two phases. In Phase One, they received a 2% increase on April 30, 2023. In Phase Two, they received a second adjustment of 2% on May 1, 2023. This second adjustment included the 1% previously negotiated under Bill 124. FAUW members also received a one-time lump sum payment of $2,500 each. Faculty actively employed as of May 1, 2022 (but not in May 2021) received an additional increase of 1% on April 30, 2023, as part of Phase One. In Phase Two, they received a second adjustment of 2% (1% plus the previously negotiated increase of 1%) as well as a one-time lump sum payment of $1,250 each.
King’s University College Faculty Association
In May 2023, the King’s University College Faculty Association (KUCFA) negotiated a retroactive 2.95% increase to wages on top of the 1 % that they were restricted to under Bill 124. KUCFA had achieved a reopener clause in their previous collective agreement that could be activated should Bill 124 be revoked, or amended, for the 2023-24 academic year.
McMaster University Faculty Association
Members of the McMaster University Faculty Association (MUFA) received increases of $1,050 and $1,330 to base salary for 2023 and 2024, respectively, in addition to the 1% increase for each year agreed to under duress during the Bill 124 wage restraint period. According to a clause in MUFA’s 2022-25 Memorandum of Settlement, this additional increase was contingent upon the absence of a government directive or law in draft or in effect prohibiting the increase. As a result of Bill 124 being null and void as of July 1, 2023, MUFA was successful in achieving these gains for the last two years of their agreement.
OCAD Faculty Association
In July 2023, the Ontario College of Art and Design Faculty Association (OCADFA) was awarded an additional 5.5% phased in over the last two years of the collective agreement. Increases were retroactive, and included 1% for July 1, 2021, 1% for January 1, 2022, 1.75 % for July 1, 2022, and 1.75 % for June 30, 2023. The Award further made it clear that, if Bill 124 was upheld on appeal at either the Court of Appeal or the Supreme Court, the university would not seek repayment of monies paid under this award. In his 2021 Award for OCADFA Arbitrator Kaplan stated that he would remain available to re-open compensation issues should outstanding constitutional challenges prove successful.
Osgoode Hall Faculty Association and York University Faculty Association
On April 13, 2024, members of the Osgoode Hall Faculty Association (OHFA) and York University Faculty Association (YUFA) were awarded retroactive wage increases for their respective collective agreements. Arbitrator Eli Gedalof awarded these increases in a multi-party interest mediation-arbitration which also included the York University Staff Association and CUPE 1356, and arising from Bill 124 re-opener provisions. The award included additional and retroactive annual increases of 1%, 2%, and 3%, respectively. For OHFA these increases applied to their 2022-25 collective agreement, and for YUFA to their 2021-24 collective agreement.
Renison Association of Academic Staff
As part of their collective agreement negotiations that concluded in December 2023, members of the Renison Association of Academic Staff successfully negotiated a Bill 124 compensation increase retroactive to April 30, 2023. This was based on the principle of salary parity with the Faculty Association of the University of Waterloo (FAUW). Members employed at Renison on or before May 1, 2021, received a 2% increase to scale, plus $2,500 on April 30, 2023. Members employed at Renison since May 1, 2021, received 1% increase to scale, plus $1,500 on April 30, 2023.
St. Jerome’s University Academic Staff Association Contract Academic Staff
In June 2024, the Contract Academic Staff unit of the St. Jerome’s University Academic Staff Association ratified a reopener adjustment to their 2022-25 agreement. This was based on a reopener clause that could be invoked in the event that Bill 124 was repealed. Under the reopener agreement, an additional increase of 1% per year was achieved. This increases apply retroactively to members who taught at any period between May 1, 2022 and April 30, 2024.
Toronto Metropolitan University Faculty Association
In May 2023, the Toronto Metropolitan University Faculty Association (TFA) ratified a reopener for their 2020-23 agreement, introducing an additional 0.75%, 2% and 2.5% on top of the previously negotiated 1% increases for each year of the agreement. TFA negotiated directly with the employer for this increase although, in the 2021 arbitration decision for their 2020-23 agreement, Arbitrator William Kaplan stated that he would remain available to consider the matter of re-opening compensation in the case of a successful charter challenge.
Trent University Faculty Association
The Trent University Faculty Association (TUFA) was the first association to reach a deal after Justice Koehnen’s decision to strike down Bill 124, after having already served the bulk of its moderation period under the previous agreement. Salary increases in the 2022-25 agreement included an additional 1.75% for January 1, 2023, cutting short the union’s moderation period by six months. In January 2025, TUFA received a 1% increase for 2024-25 on the grounds that they had fallen behind their comparators, as well as with other campus unions who had successfully negotiated compensatory increases post-Bill 124. This was achieved in the absence of re-opener language.
University of Guelph Faculty Association
The 2024-2027 University of Guelph Faculty Association collective agreement includes a compensation gain aimed at addressing the Bill 124 wage restraint. A 6% market adjustment was achieved for all members in 2024.
University of Ontario Institute of Technology Faculty Association
In July 2023, the University of Ontario Institute of Technology Faculty Association successfully negotiated an increase to compensation following the declaration that Bill 124 was unconstitutional. This negotiation was based on a letter of understanding permitting a reopener in the 2021-24 collective agreement. Members received a 3% increase in place of the previous 1% for 2023-2024. The terms of the new agreement were without prejudice to any remedy that may be awarded by the courts following the challenge to the constitutionality of Bill 124 and/or any appeal outcomes.
University of Toronto Faculty Association
University of Toronto Faculty Association (UTFA) members were subject to moderation in the first two years of their 2020-23 agreement; salary, benefit, and workload matters in the third year were referred to interest arbitration. In September 2022, Arbitrator Eli Gedalof made an Interim Award of 1% for year three. In September 2023, Arbitrator Gedalof increased this amount to 8%, to apply retrospectively for the 2022-23 year. The St. Michael’s faculty bargaining unit, which is part of UTFA, followed the same pattern, of 1% increases for years one and two, followed by 8% for the third year of their 2020-23 agreement.
University of Western Ontario Faculty Association
In June 2023, the University of Western Ontario Faculty Association (UWOFA) faculty unit settled further increases to base salary as part of their Bill 124 reopener negotiations for their 2022-26 collective agreement. These increases included a 2% increase applicable July 1, 2023, plus $1,750 to base salary, 1% applicable July 1, 2024, and 1% applicable July 1, 2025. A $5,000 promotion bonus for full-time faculty would also apply for the duration of the agreement (previously it was only available for the last year of the agreement). Sessional faculty members received an additional 2% applicable July 1, 2023, and July 1, 2024, and 1.5% applicable July 1, 2025. UWOFA’s re-opener clause had indicated that the parties could renegotiate wage increases if Bill 124 was struck down and all appeal proceedings exhausted. Based on this, the union had pushed the employer to engage in discussions given the timing of their tentative agreement just weeks prior to Justice Koehnen’s declaration that Bill 124 was unconstitutional.
Wilfrid Laurier University Faculty Association
The Wilfrid Laurier University Faculty Association full-time unit was successful in recapturing a $900 lump sum that was precluded while Bill 124 was in force.
Windsor University Faculty Association
In the 2021-25, the parties had agreed that articles governing salaries, overload stipends, and sessional instructor salaries would all be governed by the Bill 124 cap, as well as agreed to suspend three other articles – market stipends, the Windsor Salary Standard, and the President’s Fund – for the three-year moderation period. In advance of the 2025 round, the union asked the employer to renegotiate all articles of the collective agreement impacted by Bill 124; the University argued that only the three suspended articles were renegotiable. WUFA grieved the employer’s refusal to negotiate. On March 24, 2025, Arbitrator Andrew Tremayne upheld the grievance. The decision hung on an article in the collective agreement, which existed well before Bill 124: 53.01 The parties agree to meet to renegotiate any Article or part thereof invalidated by judicial or legislative act.
Skipped Moderation Periods
In addition to those OCUFA member organizations that successfully negotiated reopeners, a few skipped the moderation period entirely or in part.
Huron University College Faculty Association
The Huron University College Faculty Association (HUCFA) avoided the moderation period because its 2019-23 collective agreement was signed before Bill 124 came into effect. Negotiations for the current agreement (2023-27) were concluded following the repeal of Bill 124.
NOSM University Faculty and Staff Association
The NOSM University Faculty and Staff Association (NUFSA) entered into their first year of moderation during their 2022-23 contract extension agreement. Although they had a reopener clause in the one-year agreement, following the striking down of Bill 124, they decided to negotiate for losses in 2022-23 due to Bill 124 as part of their new 2023-2026 agreement. They successfully achieved a 5% increase in the first year, representing a scale increase of 4% and a $1,250 lump sum to base, and 3% increase in each of the second and third years of the agreement.
Queen’s University Faculty Association
The Queen’s University Faculty Association (QUFA) fully avoided wage restraint under Bill 124, since it settled soon after Justice Koehnen struck down Bill 124 and had not undergone moderation during its 2019-22 agreement.
St. Jerome’s University Academic Staff Association
The St. Jerome’s University Academic Staff Association (SJUASA) Full-Time unit settled their 2018-23 collective agreement prior to Bill 124. Negotiation for the subsequent agreement (2023-27) concluded following the repeal of Bill 124.