163.1 (1) A proponent of a construction project or a group of construction projects who believes that the project or projects are economically significant and who wishes to have a project agreement for the project or projects shall do the following: 1. Create a list of potential parties to the agreement, consisting of bargaining agents, subject to subsection (2). 2. Give each bargaining agent on the list a notice that the proponent wishes to have a project agreement and include with the notice a copy of the list, a general description of each of the projects which are proposed to be covered under the agreement and the estimated cost of each project. 3. Give a copy of the notice to each employee bargaining agency to which any of the bargaining agents on the list belong. 4. Give a copy of the notice to each employer bargaining agency that is a party to a provincial agreement by which a bargaining agent on the list is bound. 5. Give the Board a copy of the notice and evidence, in such form as the Board requires, that the notice has been given to each bargaining agent on the list.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (1, 2). Requirements for list of potential parties (2) The following apply with respect to the list of potential parties created by the proponent: 1. A bargaining agent may be included on the list only if it is bound by a provincial agreement. 2. A bargaining agent may be included on the list only if the proponent anticipates that any project that is proposed to be covered under the project agreement may include work within the bargaining agent’s geographic jurisdiction for which the bargaining agent would select, refer, assign, designate or schedule persons for employment.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (3). Objection to Board (3) A bargaining agent on the list may apply to the Board for an order that a project may not be the subject of a project agreement and the following apply with respect to such an application: 1. The application must be made within 14 days after receiving the notice that the proponent wishes to have a project agreement. 2. The parties to the application are the applicant, the proponent and such other persons as may be prescribed under the regulations or as may be specified by the Board in accordance with the regulations. 3. The Board shall dismiss the application if the project is an industrial project in the industrial, commercial and institutional sector of the construction industry. 4. The Board shall dismiss the application if the project is designated in the regulations as a project that may be the subject of a project agreement. 5. If neither paragraph 3 nor 4 apply, the Board shall grant the application and make an order that the project may not be the subject of a project agreement. 6. An order under paragraph 5 does not affect the preparation of another list and the giving of other notices under subsection (1) even if they relate to the same project.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (4, 5). Contents of project agreement (4) A project agreement must contain, (a) a general description of each project covered under the project agreement; and (b) a term providing that the agreement is in effect until every project covered under the agreement is completed or abandoned.  2000, c. 38, s. 35 (6). Same (4.1) A project agreement may contain a term providing that additional projects may be added to and governed by the project agreement.  2000, c. 38, s. 35 (6). Notice of proposed agreement (5) The proponent may give notice of a proposed project agreement if at least 40 per cent of the bargaining agents on the list agree, in writing, to the giving of the notice.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Who notice given to (6) If the proponent gives notice under subsection (5), the proponent must give notice to each bargaining agent on the list, and the proponent shall also give a copy of the notice to the Board.  1998, c. 8, s. 21. Content of notice (7) A notice under subsection (5) must include, (a) a copy of the proposed project agreement; and (b) the names of the bargaining agents on the list that have agreed to the giving of the notice.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Approval of agreements (8) The following apply with respect to the approval of a project agreement: 1. A bargaining agent on the list that wishes to approve or disapprove of the proposed agreement shall do so by giving notice of that approval or disapproval to the proponent within 30 days after receiving notice of the proposed agreement. 2. A bargaining agent that gives notice of approval or disapproval shall also give a copy of the notice to the Board. 3. The proposed agreement is approved if the agreement is approved by at least 60 per cent of the bargaining agents that gave notice, either of approval or disapproval, within the time period for doing so. 4. After the time period for every bargaining agent on the list to approve or disapprove has expired, the proponent shall forthwith determine whether the proposed agreement has been approved. 5. If the proponent determines that the proposed agreement has been approved, the proponent shall forthwith give notice that the proposed agreement has been approved to every bargaining agent on the list and shall give the Board a copy of the notice and evidence, in such form as the Board requires, that the notice has been given to each bargaining agent on the list. 6. If the proponent determines that the proposed agreement has not been approved, the proponent shall forthwith give notice that the proposed agreement has not been approved to every bargaining agent on the list and shall give the Board a copy of the notice.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Challenges to agreement (9) A bargaining agent on the list that did not give notice of approval of the proposed project agreement may challenge the proposed project agreement by giving notice to the Board within 10 days after the Board receives the evidence described in paragraph 5 of subsection (8) and the following apply with respect to such a challenge: 1. The Board shall make an order either declaring that the proposed project agreement is in force or declaring that the proposed project agreement shall not come into force. 2. Paragraphs 3 and 4 apply if, i. the bargaining agent challenging the proposed project agreement gave notice of disapproval of the project agreement, and ii. the proposed project agreement would result in a reduction in the total wages and benefits, expressed as a rate, of an employee represented by the bargaining agent challenging the project agreement that is larger, proportionally, than the largest reduction that would apply to an employee represented by a bargaining agent that gave notice of approval of the project agreement. 3. In the circumstances described in paragraph 2, the Board shall make an order doing the following, unless the Board considers it inappropriate to do so, i. amending the proposed project agreement so that no reduction in the total wages and benefits, expressed as a rate, of an employee represented by the bargaining agent challenging the project agreement is greater, proportionally, than the largest reduction that would apply to an employee represented by a bargaining agent that gave notice of approval of the project agreement, and ii. declaring that the proposed project agreement, as amended, is in force. 4. In the circumstances described in paragraph 2, if the Board considers it inappropriate to make an order under paragraph 3, the Board may make an order declaring that the proposed project agreement shall not come into force. 5. The Board may make an order declaring that the proposed project agreement shall not come into force if the requirements of subsections (1) to (8) have not been satisfied and the failure to satisfy the requirements affected the bargaining agent challenging the project agreement. 6. In the circumstances prescribed in the regulations, the Board may make an order declaring that the proposed project agreement shall not come into force.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). When agreement comes into force (10) A project agreement comes into force upon the Board making an order declaring that the proposed project agreement is in force or, if the project agreement is not challenged under subsection (9), upon the expiry of the time period for making such a challenge.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Notice of agreement in force (11) If the project agreement comes into force, the proponent shall forthwith give notice that the project agreement is in force to the agents and agencies described in subsection (13).  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Notice of order not to come into force (12) If the Board makes an order declaring that the proposed project agreement shall not come into force, the proponent shall forthwith give notice of that order to the agents and agencies described in subsection (13).  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Who notices given to (13) The agents and agencies referred to in subsections (11) and (12) are the bargaining agents, employee bargaining agencies and employer bargaining agencies to which notice was given under subsection (1).  1998, c. 8, s. 21. Effect of agreement (14) The following apply with respect to projects to which a project agreement applies: 1. The project agreement applies to all construction work on the project that is within the jurisdiction of a bargaining agent on the list. 2. Each applicable provincial agreement, as modified by the project agreement, applies to the construction work on the project, even with respect to employers who would not otherwise be bound by the provincial agreement. 3. Subject to the project agreement, if a provincial agreement ceases to apply while the project agreement is in effect, the provincial agreement that applied when the project agreement was approved applies to the construction work on the project until a new provincial agreement is made.  However, this paragraph does not apply with respect to provincial agreements that apply to work that the project agreement does not apply to. 4. No employees performing work to which the project agreement applies shall strike and no employer shall lock-out such employees while the project agreement is in effect even if a strike is called or authorized under subsection 164 (1) or a lock-out is called or authorized under subsection 164 (2). 5. For greater certainty, paragraph 4 does not affect the right to strike of an employee who performs work to which the project agreement does not apply nor does paragraph 4 affect the right of the employer to lock-out such an employee.  1998, c. 8, s. 21; 2000, c. 38, s. 35 (7). Application of subs. (16) (15) Subsection (16) applies if, (a) a trade union is a bargaining agent that received notice of the coming into force of a project agreement under subsection (11); (b) the trade union does not have bargaining rights with respect to employees of an employer; and (c) the employer employs members of the trade union to perform work on a project that is governed by that project agreement.  2000, c. 38, s. 35 (8). No certification or voluntary recognition (16) Regardless of whether the work the members of the trade union perform is inside or outside of the construction industry, if the circumstances set out in subsection (15) apply, (a) the employment of the members of the trade union before the project is completed or abandoned shall not be considered in any application for certification by the trade union with respect to the employer; and (b) any agreement under which the employer agrees to employ only members of the trade union for that work before the project is completed or abandoned but not afterwards shall be deemed not to be an agreement voluntarily recognizing the trade union as the exclusive bargaining agent of those employees.  2000, c. 38, s. 35 (8). Not voluntary recognition (16.1) A person shall be deemed not to have voluntarily recognized a trade union as an exclusive bargaining agent if, (a) the person is a party to an agreement or operates under an agreement under which an employer agrees to employ members of the trade union to perform work, regardless of whether the work is inside or outside of the construction industry; (b) the trade union is a bargaining agent to which notice of the coming into force of a project agreement was given under subsection (11); and (c) the agreement includes work on a project to which the project agreement applies.  2000, c. 38, s. 35 (8). Not party to collective agreement (17) The proponent and, if the proponent is an agent, the person who owns or has an interest in the land for which the project is planned, are not, only by reason of being a party or operating under the project agreement or an agreement that includes work on the project, parties to any collective agreement.  2000, c. 38, s. 35 (8). Same, project agreement (17.1) Subsections (15) to (17) apply with respect to agreements entered into before the day subsection 35 (8) of the Labour Relations Amendment Act, 2000 is proclaimed in force.  2000, c. 38, s. 35 (8). Definition (18) In this section, “proponent” means a person who owns or has an interest in the land for which the project is planned and includes an agent of such a person.  1998, c. 8, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 21 - 29/06/1998 2000, c. 38, s. 35 (1-8)
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