Restrictions on operation
8. (1) The following rules apply in respect of a collective agreement between a board and an employee bargaining agent that applies or would apply during the restraint period: 1. If, on the day before this subsection comes into force, the collective agreement is in operation, the collective agreement is inoperative as of the day this subsection comes into force and it shall not come back into operation except in accordance with this section. 2. If, on the day before this subsection comes into force, the collective agreement has been settled but is not in operation, it shall not come into operation except in accordance with this section. 3. If the collective agreement is settled on or after the day this subsection comes into force, it shall not come into operation except in accordance with this section. 2012, c. 11, s. 8 (1). Collective agreement provided to Minister (2) The board shall give every collective agreement referred to in subsection (1) to the Minister promptly after, (a) the day this subsection comes into force, in the case of a collective agreement described in paragraph 1 or 2 of subsection (1); or (b) the day the collective agreement is settled, in the case of a collective agreement described in paragraph 3 of subsection (1). 2012, c. 11, s. 8 (2). Same (3) The requirement for a board to give a collective agreement to the Minister is met by giving the Minister a copy of the collective agreement and, if the Minister requires it, a summary of the collective agreement in such form as may be required by the Minister. 2012, c. 11, s. 8 (3). Restrictions on strikes or lock-outs (4) The board shall not lock out an employee, and an employee of the board who is represented by the employee bargaining agent shall not strike, during the period that begins on the day described in clause (2) (a) or (b) and ends on the day described as follows: 1. If the Lieutenant Governor in Council orders the parties to negotiate a new collective agreement under subparagraph 1 v of subsection 9 (2), the day before the order is made. 2. If no order mentioned in paragraph 1 is made, the day before the collective agreement given to the Minister under subsection (2) comes into operation. 2012, c. 11, s. 8 (4). Same (5) A strike or lock-out in contravention of subsection (4) is deemed to be an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995. 2012, c. 11, s. 8 (5). Same (6) On and after the day described in paragraph 1 or 2 of subsection (4), the right of the employees to strike and the board to lock out an employee is governed by the Labour Relations Act, 1995, as modified by Part X.1 of the Education Act in the case of Part X.1 teachers, unless an order is made under paragraph 2 of subsection 9 (2) setting out different rules respecting strikes and lock-outs. 2012, c. 11, s. 8 (6). Restrictions on terms and conditions of employment (7) The following rules apply to the board, the employee bargaining agent and the employees of the board who are represented by the employee bargaining agent from the day described in clause (2) (a) or (b) until the day a collective agreement comes into operation in accordance with subsection (9), (12) or (13): 1. If the collective agreement between the board and the employee bargaining agent is rendered inoperative by virtue of paragraph 1 of subsection (1), the terms and conditions of employment that applied to the employees immediately before the commencement date of the inoperative collective agreement apply, except that any terms or conditions that are inconsistent with the applicable terms described in subsection 4 (1) are inoperative to the extent of the inconsistency. 2. If the collective agreement between the board and the employee bargaining agent has not come into operation by virtue of paragraph 2 or 3 of subsection (1), the terms and conditions of employment that applied to the employees immediately before the collective agreement was settled apply, except that any terms or conditions that are inconsistent with the applicable terms described in subsection 4 (1) are inoperative to the extent of the inconsistency. 3. Despite paragraphs 1 and 2, if a regulation prescribes terms and conditions of employment that apply during a period when no collective agreement is in operation, the prescribed terms and conditions apply. 2012, c. 11, s. 8 (7). Requirements under s. 5 (8) For greater certainty, the rules in subsection (7) are in addition to the rules set out in section 5. 2012, c. 11, s. 8 (8). When collective agreement to come into operation (9) Subject to subsections (12) and (13), a collective agreement given to the Minister under subsection (2) shall come into operation, (a) on the day identified by the Minister in writing, provided that the identification is made within three months after the day he or she is deemed by the regulations to have received the collective agreement; or (b) if the Minister does not identify a day under clause (a), on the later of, (i) the commencement date specified in the collective agreement, and (ii) the day that is three months after the day the Minister is deemed by the regulations to have received the collective agreement. 2012, c. 11, s. 8 (9). Report (10) If a collective agreement comes into operation under subsection (9), the Minister shall publish a report in accordance with the following: 1. If the collective agreement comes into operation under clause (9) (a), the report shall set out the day the collective agreement comes into operation and the report shall be published within 14 days after the Minister identified that day in writing under clause (9) (a). 2. If the collective agreement comes into operation under clause (9) (b), the report shall set out the day the collective agreement comes into operation and the report shall be published within 14 days after that day. 3. The report shall be published on the Ministry’s website or by another method determined by the Minister. 2012, c. 11, s. 8 (10). Tabling in Assembly (11) If the Minister is required to publish a report under subsection (10), the Minister shall, within the time period referred to in paragraph 1 or 2 of subsection (10), deliver a copy of the report to the Speaker of the Assembly, who shall lay it before the Assembly at the earliest reasonable opportunity. 2012, c. 11, s. 8 (11). Lieutenant Governor in Council may specify date (12) If the Lieutenant Governor in Council specifies a day for a collective agreement to come into operation under subparagraph 1 iv of subsection 9 (2), the collective agreement comes into operation on that day. 2012, c. 11, s. 8 (12). If parties required to negotiate new collective agreement (13) If the parties are required by order of the Lieutenant Governor in Council under subparagraph 1 v of subsection 9 (2) to negotiate a new collective agreement, the collective agreement originally given to the Minister under subsection (2) shall not come into operation and the new collective agreement, if any, shall come into operation in accordance with this section. 2012, c. 11, s. 8 (13). When collective agreement commences (14) The commencement date for a collective agreement that comes into operation under subsection (9), (12) or (13) is the date specified by the parties in the agreement unless, (a) clause 277.11 (1) (b) of the Education Act requires a different commencement date; or (b) the Lieutenant Governor in Council specifies a different commencement date under subparagraph 1 iii of subsection 9 (2). 2012, c. 11, s. 8 (14). Minister’s Advice and Orders and Powers of the Lieutenant Governor in Council