Transfer of employees
52. (1) This section applies with respect to every employee whose employment is transferred by a transfer order from a transferor to a transferee and with respect to former employees of transferors who have rights against a transferor immediately before the effective date of the transfer of employees. 2000, c. 27, s. 52 (1). Effect of transfer order (2) Subject to the limitations set out in this section, all rights, duties and liabilities relating to all employees and former employees of a transferor that are vested in or bind the transferor immediately before the effective date of the transfer are vested in or bind the transferee instead of the transferor as of the effective date of the transfer. 2000, c. 27, s. 52 (2). Same (3) Subsection (2) applies with respect to rights, duties and liabilities that arise under statute or contract or at common law. 2000, c. 27, s. 52 (3). Same (4) As of the effective date of the transfer, for the purposes of the Workplace Safety and Insurance Act, 1997 the transferee shall be deemed to have been the employer of all employees and former employees of the transferor before the effective date of the transfer and the rights and duties of the transferor under that Act with respect to those employees and former employees are rights and duties of the transferee. 2000, c. 27, s. 52 (4). Same (5) For the purposes of subsection (4), all records pertaining to a person’s claim for benefits under the Workplace Safety and Insurance Act, 1997 in the custody and control of the transferor immediately before the transfer become the property of the transferee as of the effective date of the transfer. 2000, c. 27, s. 52 (5). Employee election re employment (6) At any time before the effective date of the transfer of an employee of a local housing authority by a transfer order, the employee may elect not to accept the transfer by notifying the local housing authority in writing of that election. 2000, c. 27, s. 52 (6). Effect of election (7) A transfer order transfers the employees described in it, other than employees who, before the effective date of their transfer, elect not to accept the transfer. 2000, c. 27, s. 52 (7). Rules applying if employee elects not to accept transfer (8) If an employee of a local housing authority elects not to accept a transfer, the following rules apply: 1. For the purposes of an employment contract or a collective agreement, the employee shall be deemed to have resigned from employment with the local housing authority on the earlier of, i. the employee’s last day of work for the local housing authority, and ii. immediately before the effective date of the transfer. 2. For the purposes of the Employment Standards Act, the employment of the employee shall be deemed to have been terminated by the local housing authority on the earlier of, i. the employee’s last day of work for the local housing authority, and ii. immediately before the effective date of the transfer. 2000, c. 27, s. 52 (8). Rules applying on transfer of employees (9) If one or more employees of a local housing authority are transferred by a transfer order, the following rules apply: 1. As of the effective date of the transfer, each transferred employee becomes an employee of the transferee and ceases to be an employee of the transferor, the transferee becomes the employer of each transferred employee, and the transferor ceases to be the employer of each transferred employee. 2. For the purposes of an employment contract, a collective agreement and the Employment Standards Act and for all other purposes, the employment of each transferred employee shall be deemed not to have been terminated and the transferred employee shall be deemed not to have been constructively dismissed. 3. For the purpose of determining probationary periods, benefits and any other employment-related entitlements under the Employment Standards Act or any other Act or under an employment contract, the employment of each transferred employee with the transferor shall be deemed to be employment with the transferee and not to be employment with the transferor, and the transfer shall be deemed not to have caused an interruption of the employee’s service. 4. Subject to paragraphs 5 to 13, the terms and conditions of employment that are vested in or bind the transferor, a transferred employee and the bargaining agent immediately before the effective date of the transfer shall be deemed to be vested in or bind the transferee and the transferred employee as of the effective date of the transfer. 5. No decision of an arbitrator, a board of arbitration or a tribunal issued on or after the effective date of the transfer can have the effect of retroactively amending the terms and conditions of employment that were vested in or bound the transferor, a transferred employee and the bargaining agent immediately before the effective date of the transfer. 6. Paragraph 5 does not prohibit an arbitrator, a board of arbitration or a tribunal from reinstating to the employment of the transferee an employee who was dismissed by the transferor before the effective date of the transfer. 7. The transferee shall be deemed to be in compliance with the terms and conditions by which it is deemed to be bound under paragraph 4 in respect of coverage for insured benefits, if the transferee provides coverage to the transferred employee that is similar to the coverage provided by the transferor to the transferred employee immediately before the effective date of the transfer. 8. If, immediately before the effective date of the transfer, a collective agreement is in force between the transferor and a trade union representing any of the transferred employees, those provisions of the collective agreement that could not apply to an employment relationship in the absence of union representation, including provisions dealing with the payment of union dues and provisions dealing with the filing, processing or arbitration of grievances, shall not be deemed to be vested in or bind the transferee. 9. Subject to paragraph 10, a trade union that has bargaining rights in respect of any of the transferred employees immediately before the effective date of the transfer ceases, as of the effective date of the transfer, to have any rights, interests, registrations, duties or liabilities under the Crown Employees Collective Bargaining Act, 1993 or under any collective agreement between the transferor and the trade union. 10. A trade union that has bargaining rights in respect of any of the transferred employees immediately before the effective date of the transfer continues to represent the transferred employees for the purpose of proceedings before the Ontario Labour Relations Board and grievances, as described in paragraph 11. 11. If a grievance is filed by or on behalf of a transferred employee against the transferor, or a grievance is filed by or on behalf of the transferor, or a proceeding before the Ontario Labour Relations Board is commenced by or on behalf of a transferred employee against the transferor, or a proceeding before the Ontario Labour Relations Board is commenced by or on behalf of the transferor, before the effective date of the transfer, and the grievance or proceeding is not resolved before that date, i. the grievance or proceeding is continued by or against the transferee, ii. all rights, obligations and liabilities of the employer as a result of the grievance or proceeding vest in or bind the transferee and not the transferor, except as otherwise specified by paragraph 5, iii. upon the resolution of the grievance or proceeding, the transferee does not have any obligations to a trade union or to the transferred employees under the Crown Employees Collective Bargaining Act, 1993 or under a collective agreement between the transferor and a trade union, and iv. upon the resolution of all grievances and proceedings under this paragraph, a trade union that had the right under paragraph 10 to continue to represent transferred employees for the purpose of such grievances and proceedings ceases to have any such right. 12. No transferred employee, and no trade union that represents a transferred employee immediately before the effective date of the transfer, has the right on or after the effective date of the transfer to file a grievance under the collective agreement that is in force immediately before the effective date of the transfer with respect to any matter, regardless of whether the matter arose before or arises on or after the effective date of the transfer. 13. Paragraph 12 does not limit the rights or duties of a trade union that acquires bargaining rights in respect of any of the transferred employees on or after the effective date of the transfer, as contemplated by clause (10) (c), to represent its members. 2000, c. 27, s. 52 (9). Future changes (10) If one or more employees of a local housing authority are transferred by a transfer order, nothing in this Act prevents, (a) the employment of a transferred employee from being terminated by the transferee on or after the effective date of the transfer; (b) a term or condition of the employment of a transferred employee from being changed by the transferee on or after the effective date of the transfer; or (c) a trade union from acquiring bargaining rights in respect of any of the transferred employees on or after the effective date of the transfer by becoming certified under the Labour Relations Act, 1995 as the bargaining agent of employees of the transferee or by being voluntarily recognized as the bargaining agent of employees of the transferee. 2000, c. 27, s. 52 (10). Pension plan (11) A transferee to whom employees have been transferred by a transfer order shall provide the transferred employees with pension benefits under the Ontario Municipal Employees Retirement System Act, 2006 and, for that purpose, the transferee shall be deemed to be a local board for the purposes of that Act. 2006, c. 2, s. 54 (1). Transfer of Motor Vehicles, etc.