Minister’s advice to Lieutenant Governor in Council
9. (1) The Minister may advise the Lieutenant Governor in Council if, in his or her opinion, (a) a collective agreement that he or she received under subsection 8 (2) does not include the applicable terms described in subsection 4 (1) or is inconsistent with those terms; (b) a board and an employee bargaining agent appear to be unable to settle a collective agreement that includes the applicable terms described in subsection 4 (1) and is not inconsistent with those terms; (c) a board and an employee bargaining agent have not settled a collective agreement by December 31, 2012 that includes the applicable terms described in subsection 4 (1) and is not inconsistent with those terms; (d) a board or an employee bargaining agent has contravened subsection 5 (1) or has applied or implemented a term or condition of employment that is deemed to be or to have been inoperative under subsection 5 (1) or (2); (e) a board has made payments to an employee that were, (i) paid pursuant to an employment contract or collective agreement that does not include the applicable terms described in subsection 2 (1) or 4 (1) or is inconsistent with those terms, (ii) paid contrary to subsection 2 (5) or 7 (8), or (iii) paid pursuant to terms or conditions of employment that are deemed to be or to have been inoperative under subsection 5 (1) or (2). 2012, c. 11, s. 9 (1). Orders of Lieutenant Governor in Council (2) The Lieutenant Governor in Council may make the following orders: 1. If the Minister gives advice under clause (1) (a) that a collective agreement does not include the applicable terms described in subsection 4 (1) or is inconsistent with those terms, orders that, i. deem any terms and conditions to be included in the collective agreement, ii. deem inoperative any terms and conditions in the collective agreement, iii. specify the commencement date of the collective agreement, iv. specify the day that the collective agreement comes into operation, v. require the parties to negotiate a new collective agreement, and vi. do anything else that the Lieutenant Governor in Council determines is necessary in the circumstances. 2. If the Minister gives advice under clause (1) (b) or (c) that a board and an employee bargaining agent appear unable to settle a collective agreement that includes the applicable terms described in subsection 4 (1) and is not inconsistent with those terms, or have not settled such an agreement by December 31, 2012, orders that, i. impose a collective agreement on the board, employee bargaining agent and the employees of the board represented by the employee bargaining agent, or deem terms and conditions to be included in such a collective agreement, ii. prohibit employees of the board represented by the employee bargaining agent from striking, iii. prohibit the employee bargaining agent from calling or authorizing or threatening to call or authorize a strike by any of the employees that it represents, iv. prohibit an officer, official or agent of the employee bargaining agent from counselling, procuring, supporting or encouraging a strike by any of the employees that it represents, v. prohibit a board from locking out or threatening to lock out any of the employees who are represented by the employee bargaining agent, vi. prohibit an officer, official or agent of the board from counselling, procuring, supporting or encouraging a lock-out of any of the employees who are represented by the employee bargaining agent, vii. direct the employee bargaining agent and the employees it represents to immediately terminate any strike that is in effect on the day the order is made, viii. direct the board to immediately terminate any lock-out of the employees who are represented by the employee bargaining agent that is in effect on the day the order is made, ix. direct the employees who are represented by the employee bargaining agent to report to work and perform their regular duties, and x. direct the board to resume its normal operations. 3. If the Minister gives advice under clause (1) (d) respecting contraventions of subsection 5 (1) or the application or implementation of terms or conditions that are deemed to be or to have been inoperative under subsection 5 (1) or (2), orders that impose new terms and conditions of employment, including terms and conditions that apply to a period before the order is made. 4. If the Minister gives advice under subclause (1) (e) (i), (ii) or (iii) that a board made the payments described in that subclause to an employee, orders requiring the employee to reimburse the board for the payments. 5. Orders governing a process for consulting a board or employee bargaining agent before making an order under paragraph 1, 2, 3 or 4 with respect to that board or employee bargaining agent in response to advice given by the Minister under subsection (1). 2012, c. 11, s. 9 (2). Same (3) If the Lieutenant Governor in Council orders the parties to negotiate a new collective agreement under subparagraph 1 v of subsection (2), (a) for the purposes of the Labour Relations Act, 1995, the parties return to the same stage in bargaining that they were at immediately before settling the collective agreement given to the Minister under subsection 8 (2); (b) 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 has been made under paragraph 2 of subsection (2) prohibiting strikes and lock-outs; and (c) if the parties settle a new collective agreement, section 8 and this section apply to the new collective agreement. 2012, c. 11, s. 9 (3). Unlawful strike, lock-out (4) A strike or lock-out in contravention of an order made under paragraph 2 of subsection (2) is deemed to be an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995. 2012, c. 11, s. 9 (4). Same (5) For greater certainty, the Labour Relations Act, 1995, as modified by Part X.1 of the Education Act in the case of Part X.1 teachers, applies to a collective agreement imposed under subparagraph 2 i of subsection (2). 2012, c. 11, s. 9 (5). s. 13 of Employment Standards Act, 2000 (6) Despite section 13 of the Employment Standards Act, 2000, a board may deduct from an employee’s wages amounts that the employee is required to reimburse to the board under an order made under paragraph 4 of subsection (2). 2012, c. 11, s. 9 (6). No consultation or hearing (7) Despite any other law, there is no duty to consult or to hold a hearing before the Minister gives advice under subsection (1) or the Lieutenant Governor in Council makes an order under subsection (2). 2012, c. 11, s. 9 (7). General or particular (8) An order made under subsection (2) may be general or particular in its application. 2012, c. 11, s. 9 (8). Classes (9) The power to make an order under subsection (2) includes the power to make an order that applies to a specified class. 2012, c. 11, s. 9 (9). Same (10) For the purposes of subsection (9), a class may be defined, (a) in terms of any attribute or combination of attributes; or (b) as consisting of, including or excluding a specified member. 2012, c. 11, s. 9 (10). Order may apply to past time periods (11) An order made under subsection (2) may apply with respect to any period specified in the order, including a period before the day this subsection comes into force and, for greater certainty, (a) a collective agreement that is imposed may apply to any period specified in the order, including a period before the day this subsection comes into force; (b) a term or condition of employment that applied to a period before the day this subsection comes into force may be deemed to have been inoperative during that period, and new terms and conditions of employment may be imposed in respect of that period; and (c) an order under paragraph 4 of subsection (2) may require the reimbursement of payments made before the day this subsection comes into force. 2012, c. 11, s. 9 (11). Same (12) Despite subsection (11), no order shall be made to apply to a period before which the applicable restraint period begins. 2012, c. 11, s. 9 (12). Time limits, exceptions (13) An order made under subsection (2) may provide that it applies only for a period of time specified in the order and may provide for exceptions from the order in the specified circumstances. 2012, c. 11, s. 9 (13). Legislation Act, 2006 (14) Part III (Regulations) of the Legislation Act, 2006 does not apply to an order made under subsection (2). 2012, c. 11, s. 9 (14).