PART XVII MISCELLANEOUS
Unjust dismissal, compliance with Act, etc.
174 (1) In this section, “Board” means the Ontario Labour Relations Board.  R.S.O. 1990, c. E.19, s. 174 (1). Unjust dismissal (2) No employer shall, (a) dismiss an employee; (b) discipline an employee; (c) penalize an employee; or (d) coerce or intimidate or attempt to coerce or intimidate an employee, because the employee has complied or may comply with, (e) the Environmental Assessment Act; (f) the Environmental Protection Act; (g) the Fisheries Act
(Canada); (g.1) the Nutrient Management Act, 2002; (h) the Ontario Water Resources Act; (i) the Pesticides Act; (j) the Safe Drinking Water Act, 2002; or (k) the Toxics Reduction Act, 2009, or a regulation under one of those Acts or an order, term or condition, environmental compliance approval, certificate of property use, renewable energy approval, licence, permit or direction under one of those Acts or because the employee has sought or may seek the enforcement of one of those Acts or a regulation under one of those Acts or has given or may give information to the Ministry or a provincial officer or has been or may be called upon to testify in a proceeding related to one of those Acts or a regulation under one of those Acts.  R.S.O. 1990, c. E.19, s. 174 (2); 2001, c. 17, s. 2 (40); 2002, c. 4, s. 62 (5); 2009, c. 12, Sched. G, s. 17; 2009, c. 19, s. 67 (10); 2010, c. 16, Sched. 7, s. 2 (66). Complaint (3) A person complaining of a contravention of subsection (2) may file the complaint in writing with the Board.  R.S.O. 1990, c. E.19, s. 174 (3). Where complaint referred to O.L.R.B. (4) Where a complaint is filed in writing with the Board, (a) the Board may authorize a labour relations officer to inquire into the complaint; or (b) the Board may inquire into the complaint.  R.S.O. 1990, c. E.19, s. 174 (4). Labour relations officer (5) A labour relations officer who is authorized to inquire into the complaint shall make an inquiry forthwith and shall endeavour to effect a settlement of the matter complained of and shall report the results of the inquiry and endeavours to the Board.  R.S.O. 1990, c. E.19, s. 174 (5). Where settlement not reached (6) Where the labour relations officer is unable to effect a settlement of the matter complained of, the Board may inquire into the complaint.  R.S.O. 1990, c. E.19, s. 174 (6). Inquiry by O.L.R.B. (7) Where the Board inquires into the complaint and is satisfied that an employer has contravened subsection (2), the Board shall determine what, if anything, the employer shall do or refrain from doing with respect thereto.  R.S.O. 1990, c. E.19, s. 174 (7). Determination (8) A determination under subsection (7) may include, but is not limited to, one or more of, (a) an order directing the employer to cease doing the act or acts complained of; (b) an order directing the employer to rectify the act or acts complained of; or (c) an order directing the employer to reinstate in employment the complainant, with or without compensation, or to compensate in lieu of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer.  R.S.O. 1990, c. E.19, s. 174 (8). Application (9) A determination by the Board under subsection (7) applies despite a provision of an agreement.  R.S.O. 1990, c. E.19, s. 174 (9). Burden of proof (10) On an inquiry under this section, the burden of proof that an employer did not contravene subsection (2) lies upon the employer.  R.S.O. 1990, c. E.19, s. 174 (10). Failure to comply (11) Where there is a failure to comply with a term of the determination made under subsection (7), the complainant, after the expiration of fourteen days from the date of the release of the determination by the Board or from the date provided in the determination for compliance, whichever is later, may notify the Board in writing of the failure.  R.S.O. 1990, c. E.19, s. 174 (11). Filing of determination (12) Where the Board receives notice in accordance with subsection (11), the Board shall file in the office of the local registrar of the Superior Court of Justice a copy of the determination, exclusive of the reasons therefor, if any, and the determination shall be entered in the same way as a judgment or order of the court and is enforceable as such.  R.S.O. 1990, c. E.19, s. 174 (12); 2001, c. 9, Sched. G, s. 5 (21). Compliance with settlement (13) Where the matter complained of has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed, the settlement is binding and shall be complied with according to its terms, and a complaint that a settlement has not been complied with shall be deemed to be a complaint under subsection (3).  R.S.O. 1990, c. E.19, s. 174 (13). Application of Labour Relations Act, 1995 (14) The Labour Relations Act, 1995 and the regulations under that Act apply with necessary modifications in respect of a proceeding under subsections (2) to (13).  R.S.O. 1990, c. E.19, s. 174 (14); 2006, c. 19, Sched. K, s. 2 (9). Act performed on behalf of employer (15) For the purposes of subsections (2) to (14), an act mentioned in subsection (2) that is performed on behalf of an employer shall be deemed to be the act of the employer.  R.S.O. 1990, c. E.19, s. 174 (15). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. G, s. 5 (21) - 29/06/2001; 2001, c. 17, s. 2 (40)
- 01/10/2004 2002, c. 4, s. 62 (5)
- 01/07/2003 2006, c. 19, Sched. K, s. 2 (9) - 22/06/2006 2009, c. 12, Sched. G, s. 17 - 24/09/2009; 2009, c. 19, s. 67 (10)
- 01/01/2010 2010, c. 16, Sched. 7, s. 2 (66) - 31/10/2011 174.1 Section Amendments with date in force (d/m/y) 1998, c. 35, s. 29 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011