21 (1) Each of the following is designated as the employer bargaining agency for the school boards and with respect to the bargaining units indicated: 1. L’Association des conseils scolaires des écoles publiques de l’Ontario is the employer bargaining agency for every French-language public district school board, with respect to all bargaining units other than teachers’ bargaining units that are represented by l’Association des enseignantes et des enseignants franco-ontariens. 2. L’Association franco-ontarienne des conseils scolaires catholiques is the employer bargaining agency for every French-language separate district school board, with respect to all bargaining units other than teachers’ bargaining units that are represented by l’Association des enseignantes et des enseignants franco-ontariens. 3. Ontario Catholic School Trustees’ Association is the employer bargaining agency for every English-language separate district school board, with respect to all bargaining units. 4. Ontario Public School Boards’ Association is the employer bargaining agency for every English-language public district school board and every board established under section 68 of the Education Act, with respect to all bargaining units. 5. A council of the following trustees’ associations is the employer bargaining agency for every French-language public district school board and French-language separate district school board and for the Centre Jules-Léger Consortium, with respect to all teachers’ bargaining units that are represented by l’Association des enseignantes et des enseignants franco-ontariens: i. L’Association des conseils scolaires des écoles publiques de l’Ontario. ii. L’Association franco-ontarienne des conseils scolaires catholiques. 2017, c. 34, Sched. 12, s. 14 (4). Same (2) The Minister may, by regulation, designate a trustees’ association as the employer bargaining agency for a school board for which no employer bargaining agency is designated by subsection (1). Policies and procedures (3) A trustees’ association or council of trustees’ associations designated by subsection (1) is required to establish policies and procedures for the effective exercise of its rights and privileges and performance of its duties as an employer bargaining agency under this Act. Voting process (4) If voting is required in respect of collective bargaining by an employer bargaining agency designated by subsection (1), the outcome of a vote must be decided by the approval of a majority of the school boards that are represented by the agency, with their votes weighted to reasonably reflect, for each school board, the size of the bargaining units containing employees of the school board. Corporate matters (5) A trustees’ association is deemed to have the capacity in law to exercise the rights and privileges and perform the duties of an employer bargaining agency under this Act. Designation re: other employees (6) Despite subsections (1) and (2), the Minister may, by regulation, designate a council of trustees’ associations as the employer bargaining agency for a central table for central bargaining with respect to employees other than teachers. Same (7) If a council of trustees’ associations is designated under subsection (6) as an employer bargaining agency, the regulation in which the designation is made may also, (a) establish policies and procedures for the effective exercise of the council’s rights and privileges and performance of its duties as an employer bargaining agency under this Act; (b) establish a committee of the council and provide for the composition of the committee; (c) authorize the committee, on behalf of the council, to exercise the rights and privileges and perform the duties of the council as the employer bargaining agency; and (d) establish the voting process to be used by the council or committee in respect of central bargaining, which process must be consistent with subsection (4). Same (8) If a committee is established under subsection (7), the regulation must ensure that each trustees’ association that is a member of the council is entitled to have a representative on the committee. Effect of designating a council (9) If a council of trustees’ associations is designated under subsection (6) for a specified central table, it replaces the individual trustees’ associations as the employer bargaining agency for the applicable school boards for the purposes of central bargaining at that table and exercising the rights and privileges and performing the duties described in sections 42 and 43. Requirement to pay fees (10) The Minister may, by regulation, require a school board to pay fees to a trustees’ association that represents the school board, relating to the activities of the trustees’ association under this Act, and the regulation may provide for the following matters: 1. The manner of determining the amount of the fees. 2. Matters relating to the payment of the fees. 3. The consequences of failure to pay the fees, which may include providing that a school board that does not pay a fee by the specified deadline forfeits its entitlement to participate in a vote described in subsection (4) during a specified period. Effect on voting process (11) If a regulation made under subsection (10) specifies that a school board forfeits its entitlement to participate in a vote described in subsection (4) during a specified period, the voting process described in subsection (4) excludes the school board when the outcome of a vote is determined. Information re trustees’ association’s funds (12) The Minister may require a trustees’ association to provide to the Minister, in the form and manner specified, such information as he or she requests regarding the trustees’ association’s use of the following funds: 1. Funds granted to the trustees’ association pursuant to a regulation made under section 234 of the Education Act. 2. Fees paid to the trustees’ association pursuant to a regulation made under subsection (10). 3. Direct payments made under transfer payment agreements with the Crown, as represented by the Minister. 2017, c. 3, s. 10. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 10
- 27/03/2017; 2017, c. 34, Sched. 12, s. 14 (4) - 14/12/2017