21 (1) The arbitrator shall examine into and decide on the matters that are in dispute and any other matters that appear to him or her to be necessary to be decided in order to conclude a collective agreement between the parties, but in so doing the arbitrator shall not decide any matters that come within the jurisdiction of the Board.  2001, c. 10, s. 21 (1). Criteria (2) In making a decision, the arbitrator shall consider the following factors and any other factors that he or she considers relevant: 1.  The employer’s ability to pay, in light of its fiscal situation. 2.  The extent to which services would have to be reduced in light of the decision, if current funding and taxation levels are not increased. 3.  The economic situation in Ontario and in the municipality where employees in the bargaining unit provide services. 4.  A comparison, as between the employees in the bargaining unit and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed. 5.  The employer’s ability to attract and retain qualified employees. 6.  The purposes of the Public Sector Dispute Resolution Act, 1997. 7.  A comparison of the cost of providing ambulance services through members of the bargaining unit with the cost of providing those services through, i.  in the case of a public sector employer, employees who work for private sector providers of ambulance services, or ii.  in the case of a private sector employer, employees who work for other private sector providers of ambulance services.  2001, c. 10, s. 21 (2). Same (3) Nothing in subsection (2) affects the powers of the arbitrator.  2001, c. 10, s. 21 (3). Arbitrator to remain seized (4) The arbitrator remains seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between them.  2001, c. 10, s. 21 (4). Procedure (5) The arbitrator shall determine the procedure for the arbitration but shall permit the parties to present evidence and make submissions.  2001, c. 10, s. 21 (5). Same (6) Clauses 48 (12) (a) to (i) of the Labour Relations Act, 1995 apply, with necessary modifications, to the proceedings before the arbitrator and to his or her decision.  2001, c. 10, s. 21 (6). Non-application (7) The Arbitration Act, 1991
does not apply to arbitration proceedings under this Act.  2001, c. 10, s. 21 (7). Begin proceedings (8) The arbitrator shall begin the arbitration proceedings within 30 days after being appointed.  2001, c. 10, s. 21 (8). Time for decision (9) The arbitrator shall make a decision, (a)  within 90 days after being appointed; or (b)  if the parties agree to an extended time before or after those 90 days have passed, within the agreed to extended time.  2001, c. 10, s. 21 (9). Order to expedite proceedings (10) If the arbitrator fails to make a decision within the time referred to in subsection (9), the Minister may, after consulting the parties and the arbitrator, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be made within a reasonable time.  2001, c. 10, s. 21 (10). Remuneration and expenses (11) Each party shall pay one-half of the arbitrator’s remuneration and expenses.  2001, c. 10, s. 21 (11).