Although not defined as the "right to work", all federal and provincial labour legislation recognizes an employee's right to choose to join (or to refuse to join) a trade union of his or her choice.

Despite an employee's right to choose, because some elements of union representation benefit all of the employees in the bargaining unit, all employees in the bargaining unit are required to pay union dues even if they have not signed a membership card. The compulsory payment of union dues is a common requirement in all Canadian labour legislation.

The compulsory payment of union dues applies whether the union has been voluntarily recognized by the employer or legally certified as the employee’s bargaining agent.

Unless it is a term of a negotiated collective agreement, a union can not require an employer to fire an employee because the employee has been expelled from membership in the union. Similarly, a union can not require the employer to fire an employee because they have been refused membership in the union, or have engaged in an act of dissent within the union.

A union cannot require an employer to agree to a mandatory membership provision in the collective agreement, and can not force a strike in order to compel the employer to agree to a mandatory membership provision in the collective agreement.