Interpretation
1. (1) In this Act, “board” has the same meaning as in the Education Act; (“conseil”) “collective agreement” means an agreement in writing between a board and an employee bargaining agent that contains provisions respecting terms or conditions of employment or the rights, privileges or duties of the board, the employee bargaining agent or employees and includes a collective agreement determined in whole or in part by arbitration; (“convention collective”) “commencement date” means the first day of the term of a collective agreement; (“date de début”) “compensation” means anything paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes salary, benefits, perquisites, all forms of non-discretionary and discretionary payments and any prescribed payments; (“rémunération”) “employee bargaining agent” means, (a) a trade union certified or voluntarily recognized under the Labour Relations Act, 1995, (b) a designated bargaining agent for a teachers’ bargaining unit, as those terms are defined in subsection 277.1 (1) of the Education Act, and (c) any organization that is prescribed; (“agent négociateur d’employés”) “employment contract” means any contract, whether written, unwritten, express or implied, between an employee and a board respecting terms and conditions of employment, other than a collective agreement; (“contrat de travail”) “Minister” means the Minister of Education; (“ministre”) “Part X.1 teacher” has the same meaning as in subsection 277.1 (1) of the Education Act; (“enseignant visé par la partie X.1”) “prescribed” means prescribed by the regulations; (“prescrit”) “regulations” means the regulations made under this Act; (“règlements”) “restraint period” means, for a board employee or class of board employees, the two-year period, or such longer period as may be prescribed, beginning on the date determined under subsection (2), (3) or (4). (“période de restriction”) 2012, c. 11, s. 1 (1). Restraint period (2) For Part X.1 teachers, and for all board employees who are not represented by an employee bargaining agent, the first day of the restraint period is September 1, 2012. 2012, c. 11, s. 1 (2). Same (3) For board employees, other than Part X.1 teachers, who are represented by an employee bargaining agent and who, on August 27, 2012, are subject to a collective agreement that is in operation, (a) if the collective agreement expires on August 31, 2012, the first day of the restraint period is September 1, 2012; and (b) if the collective agreement expires on any other day, the first day of the restraint period is the day after the collective agreement expires. 2012, c. 11, s. 1 (3). Same (4) For board employees, other than Part X.1 teachers, who are represented by an employee bargaining agent and who, on August 27, 2012, are not subject to a collective agreement that is in operation, (a) the first day of the restraint period is the day after the most recent collective agreement, if any, expired; and (b) if the board and the employee bargaining agent are at that time bargaining for a first collective agreement, the first day of the restraint period is the day the employee bargaining agent was certified or voluntarily recognized to represent the board employees. 2012, c. 11, s. 1 (4). Same (5) For greater certainty, the restraint period applicable to an employee or class of employees may start on a day before this subsection comes into force. 2012, c. 11, s. 1 (5). When collective agreement is settled (6) For the purposes of this Act, a collective agreement is considered to have been settled on the day indicated below: 1. If ratification by one or both of the parties is required, the collective agreement is settled on the day on which the collective agreement, or a memorandum of settlement on which the collective agreement is to be based, is ratified by one or both of the parties, as the case may be. 2. If the collective agreement is determined in whole or in part by arbitration, the collective agreement is settled on the day on which the arbitrator or arbitration board gives a decision. 3. In any other case, the collective agreement is settled on the day on which it is executed. 2012, c. 11, s. 1 (6). Schools for deaf, blind; provincial schools (7) This Act applies, with the following and any other necessary modifications, in relation to schools established or continued under subsection 13 (1), (2) or (4) of the Education Act and schools operated by a ministry under the Provincial Schools Negotiations Act: 1. A reference to a board shall be read as a reference to the Provincial Schools Authority. 2. A reference to an employee bargaining agent shall be read as a reference to the bargaining agent referred to in subsection 5 (4) of the Provincial Schools Negotiations Act. 3. The reference in subsection 3 (3) to a director of education for a board shall be read as a reference to the chair of the Provincial Schools Authority. 2012, c. 11, s. 1 (7). Denominational, linguistic and cultural aspects (8) Nothing in this Act shall be interpreted in a way that interferes with or controls, (a) the denominational aspects of a Roman Catholic board; (b) the denominational aspects of a Protestant separate school board; or (c) the linguistic or cultural aspects of a French-language district school board. 2012, c. 11, s. 1 (8). Employees Who Do Not Bargain Collectively