18 (1) A party to an essential ambulance services agreement may apply to the Board for a declaration, (a)  that the agreement has the effect of depriving employees in a bargaining unit that contains ambulance workers of a meaningful right to strike; or (b)  that the agreement has the effect of depriving the employer of a meaningful right to lock employees out.  2001, c. 10, s. 18 (1). Same (2) On an application under this section, the Board shall consider whether sufficient time has elapsed in the dispute between the parties to permit it to make the declaration under subsection (1).  2001, c. 10, s. 18 (2). Deferred decision (3) The Board may defer making a decision on the application until a date that it considers appropriate.  2001, c. 10, s. 18 (3). Factor to be considered (4) In deciding whether to make the declaration, the Board shall consider only whether, because of the number of persons identified in the agreement whose services the employer has used to enable the employer to provide the essential ambulance services, the employees are deprived of a meaningful right to strike or the employer is deprived of a meaningful right to lock the employees out.  2001, c. 10, s. 18 (4). Restriction (5) The Board shall not issue a declaration under subsection (1) if at least 75 per cent of the employees in the bargaining unit or, if a percentage other than 75 per cent is prescribed, the prescribed percentage of the employees in the bargaining unit may strike or be locked out despite the essential ambulance services agreement.  2001, c. 10, s. 18 (5). Same (6) For greater clarity, (a)  nothing in subsection (5) requires the Board to issue a declaration if the number of employees who may strike or be locked out under the essential ambulance services agreement represents less than 75 per cent, or such other percentage as is prescribed, of the employees in the bargaining unit; and (b)  the Board shall not issue a declaration unless it finds that, because of the number of employees referred to in clause (a), the employees are deprived of a meaningful right to strike or the employer is deprived of a meaningful right to lock the employees out.  2001, c. 10, s. 18 (6). Prescribed factors (7) If a regulation is made prescribing a factor that the Board shall consider in addition to or instead of the factor described in subsection (4), the Board shall consider that factor in addition to or instead of the factor described in subsection (4) in deciding whether to make the declaration.  2001, c. 10, s. 18 (7). Order (8) In making a decision under this section, the Board may, (a)  amend the essential ambulance services agreement; (b)  direct the parties to continue negotiations for a collective agreement; (c)  direct the parties to confer with a mediator who shall endeavour to effect a collective agreement; (d)  order that the bargaining unit be divided into two units, one consisting of employees who are ambulance workers and the other consisting of employees who are not ambulance workers, and that all matters remaining in dispute between the parties with respect to the ambulance workers be referred to an arbitrator for final and binding interest arbitration; or (e)  give any other directions the Board considers appropriate.  2001, c. 10, s. 18 (8). Restriction (9) For greater clarity, the Board shall not order arbitration under this section with respect to, (a)  employees who are not ambulance workers; or (b)  ambulance workers who are part of a bargaining unit that also contains employees who are not ambulance workers, unless the bargaining unit is divided in accordance with clause (8) (d).  2001, c. 10, s. 18 (9). Time for order (10) The Board shall not order arbitration under this section before the day on which it would be lawful for the employer or the trade union unilaterally to alter the terms and conditions of employment or the rights, privileges or duties of the employees, the employer or the trade union under section 86 of the Labour Relations Act, 1995.  2001, c. 10, s. 18 (10). Agreement while application pending (11) If, while an application is pending under this section, the parties agree on all matters that remained in dispute between them and make a collective agreement, the Board shall dismiss the application without deciding it.  2001, c. 10, s. 18 (11).