jswizzle3737/ontario_laws_and_regs huggingface dataset:
52 Nothing in this Act prohibits any suspension or discontinuance for cause of an employer’s operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike.  2008, c. 15, s. 52.
53 (1) The Council, an employer or a person acting on behalf of the Council or an employer shall not, (a) participate in or interfere with the formation, selection or administration of an employee organization or the representation of employees by an employee organization; or (b) contribute financial or other support to an employee organization.  2008, c. 15, s. 53 (1). Same (2) Nothing in subsection (1) shall be interpreted to deprive the Council, an employer or a person acting on behalf of the Council or an employer of the freedom to express views so long as coercion, intimidation, threats, promises or undue influence are not used.  2008, c. 15, s. 53 (2). Interference with employees rights prohibited (3) The Council, an employer or any person acting on behalf of the Council or an employer shall not, (a) refuse to employ or to continue to employ or discriminate against a person with regard to employment or any term or condition of employment because the person was or is a member of an employee organization or was or is exercising any right under this Act; (b) impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain a person employed by an employer or a person seeking employment by an employer from becoming a member of an employee organization or exercising any right under this Act; (c) seek by intimidation, by threat of dismissal or by any other kind of threat or by the imposition of a pecuniary or any other penalty or by any other means to compel a person employed by an employer to become or refrain from becoming or to continue to be or cease to be a member of an employee organization, or to refrain from exercising any right under this Act.  2008, c. 15, s. 53 (3). Exception (4) No person shall be deemed to have contravened subsection (3) by reason of any act or thing done or omitted in relation to a person who, (a) is involved in the formulation of organization objectives and policy in relation to the development and administration of programs of the employer or in the formulation of budgets of the employer; (b) spends a significant portion of his or her time in the supervision of employees; (c) is required by reason of his or her duties or responsibilities to deal formally on behalf of the employer with a grievance of an employee; (d) is employed in a position confidential to any person described in clause (a), (b) or (c); (e) is employed in a confidential capacity in matters relating to employee relations; (f) is not otherwise described in clauses (a) to (e) but who, in the opinion of the Ontario Labour Relations Board, should not be included in a bargaining unit by reason of his or her duties and responsibilities to the employer.  2008, c. 15, s. 53 (4). Intimidation and coercion (5) No person or employee organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of an employee organization or to refrain from exercising any other rights under this Act or from performing any obligations under this Act.  2008, c. 15, s. 53 (5).
54 (1) The Council, an employer and any person acting on behalf of the Council or an employer shall not, so long as an employee organization continues to be entitled to represent the members of a bargaining unit, bargain with or enter into a collective agreement with any person or another employee organization on behalf of or purporting, designed or intended to be binding on the members of the bargaining unit or any of them.  2008, c. 15, s. 54 (1). Same (2) No employee organization or person acting on behalf of an employee organization shall, so long as another employee organization continues to be entitled to represent the members of a bargaining unit, bargain with or enter into a collective agreement with the Council on behalf of or purporting, designed or intended to be binding on the members of the bargaining unit or any of them.  2008, c. 15, s. 54 (2).
55 No employee organization and no person acting on behalf of an employee organization shall participate in or interfere with the administration of the Council or contribute financial or other support to the Council.  2008, c. 15, s. 55.
56 An employee organization shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any employee, whether a member of the employee organization or not.  2008, c. 15, s. 56.
57 Where, under a collective agreement, an employee organization is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith.  2008, c. 15, s. 57.
58 No person shall do any act if the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in a strike or lock-out that is unlawful under this Act.  2008, c. 15, s. 58.
59 No employee organization shall suspend, expel or penalize in any way an employee because the employee has refused to engage in or to continue to engage in a strike that is unlawful under this Act.  2008, c. 15, s. 59.
60 (1) The Council or an employer or any person acting on behalf of the Council or an employer shall not, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required of the person in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or because the person has participated or is about to participate in a proceeding under this Act.  2008, c. 15, s. 60 (1). Same (2) No employee organization or person acting on behalf of an employee organization shall, (a) discriminate against a person in regard to employment or a term or condition of employment; or (b) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required of him or her in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or because the person has participated or is about to participate in a proceeding under this Act.  2008, c. 15, s. 60 (2).
61 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Ontario Labour Relations Board has required to be posted during the period that the notice is required to be posted.  2008, c. 15, s. 61. PART VII   Enforcement
63 (1) Every individual who contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $1,000 for each day on which the contravention occurs or continues.  2008, c. 15, s. 63 (1). Contravention of Act by employer or employee organization (2) The Council, every employer and every employee organization that contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for each day on which the contravention occurs or continues.  2008, c. 15, s. 63 (2). Contravention of decision, etc. (3) The contravention of a decision, order, determination, direction, declaration or ruling made under this Act is deemed, for the purposes of this section, to be a contravention of this Act.  2008, c. 15, s. 63 (3). Where officer guilty of offence (4) Where the Council, an employer or an employee organization is guilty of an offence under this Act, every officer, official or agent thereof who assents to the commission of the offence shall be deemed to be a party to and guilty of the offence and is liable to a fine under subsection (1) as if he or she had been convicted of an offence under subsection (1).  2008, c. 15, s. 63 (4). Information (5) An information in respect of a contravention of any provision of this Act may be for one or more offences and no information, warrant, conviction or other proceedings in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences.  2008, c. 15, s. 63 (5). Consent to prosecution (6) No prosecution for an offence under this Act shall be instituted except with the consent of the Ontario Labour Relations Board which may only be granted after affording an opportunity to the person or body seeking the consent and the person or body sought to be prosecuted to be heard.  2008, c. 15, s. 63 (6).
64 (1) Where the Ontario Labour Relations Board declares that an employee organization has called or authorized an unlawful strike or that the Council or an employer has called or authorized an unlawful lock-out and no collective agreement is in operation between the employee organization and the Council, the employee organization or the Council may, within 15 days of the release of the Board’s declaration, but not thereafter, notify the Council and, where relevant, the employer, or the employee organization, as the case may be, in writing of its intention to claim damages for the unlawful strike or lock-out, and the notice shall contain the name of its appointee to an arbitration board.  2008, c. 15, s. 64 (1). Appointment of arbitration board (2) The recipient of the notice shall within five days inform the sender of the notice of the name of its appointee to the arbitration board.  2008, c. 15, s. 64 (2). Same (3) Where both the Council and an employer are recipients of the notice, the Council shall meet the obligations of subsection (2) on behalf of itself and the employer.  2008, c. 15, s. 64 (3). Same (4) The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair.  2008, c. 15, s. 64 (4). Same (5) If the recipient of the notice fails to name an appointee, or if the two appointees fail to agree on a chair within the time limited, the appointment shall be made by the Minister of Labour, on the request of either the Council or the employee organization.  2008, c. 15, s. 64 (5). Decision of arbitration board (6) The arbitration board shall hear and determine the claim for damages including any question as to whether the claim is arbitrable and shall issue a decision and the decision is final and binding on the Council, the employee organization and, where relevant, the employer.  2008, c. 15, s. 64 (6). Same (7) The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chair governs.  2008, c. 15, s. 64 (7). Payment of fees, expenses (8) The arbitration board shall give directions for the payment of the fees and expenses of the chair and other members of the arbitration board, by the Council, the employee organization or both, as the arbitration board considers appropriate.  2008, c. 15, s. 64 (8). Procedure of board (9) In an arbitration under this section, subsections 14 (8), (9), (11) to (13), (19) and (20) apply with necessary modifications.  2008, c. 15, s. 64 (9).
65 Every fine recovered for an offence under this Act shall be paid to the Minister of Finance and shall form part of the Consolidated Revenue Fund.  2008, c. 15, s. 65.
66 Where an employee organization, the Council or the employer is affected by a determination of the Ontario Labour Relations Board under section 62 or a direction of the Board under section 20 or a decision of an arbitrator or arbitration board, including a decision under section 64, proceedings to enforce the determination, direction or decision may be instituted in the Superior Court of Justice.  2008, c. 15, s. 66.
67 A proceeding under this Act by or against an employee organization and a prosecution of an employee organization for an offence under this Act may be in the name of the organization.  2008, c. 15, s. 67. PART VIII   MISCELLANEOUS
68 The records of an employee organization relating to membership or any records that may disclose whether a person is or is not a member of an employee organization or does or does not desire to be represented by an employee organization produced in a proceeding before the Ontario Labour Relations Board are for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed and no person shall, except with the consent of the Board be compelled to disclose whether a person is or is not a member of an employee organization or does or does not desire to be represented by an employee organization.  2008, c. 15, s. 68. Non-disclosure
69 (1) No information or material furnished to or received by a conciliation officer or a mediator, (a) under this Act; or (b) in the course of any endeavour made under this Act to effect a collective agreement, shall be disclosed except to the Minister of Labour, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services.  2008, c. 15, s. 69 (1). Report of conciliation officer (2) Except as provided in section 7, no report of a conciliation officer shall be disclosed except to the Minister of Labour, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services.  2008, c. 15, s. 69 (2). Information from labour relations officers, etc. (3) Subject to subsection (5), no information or material furnished to or received by a labour relations officer or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Ontario Labour Relations Board or to the Director of Dispute Resolution Services.  2008, c. 15, s. 69 (3). Report of labour relations officers, etc. (4) Except as provided in section 7 and subject to subsection (5), no report of a labour relations officer or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Ontario Labour Relations Board or to the Director of Dispute Resolution Services.  2008, c. 15, s. 69 (4). Authorization to disclose (5) The Ontario Labour Relations Board or the Director of Dispute Resolution Services, as the case may be, may authorize the disclosure of information, material or reports.  2008, c. 15, s. 69 (5).
70 (1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while being involved in an endeavour to effect a collective agreement: 1. The Minister of Labour. 2. A deputy minister of Labour. 3. An assistant deputy minister of Labour. 4. The Director of Dispute Resolution Services. 5. Any other person appointed by the Minister under this Act or authorized in writing by the Director of Dispute Resolution Services.  2008, c. 15, s. 70 (1). Same (2) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their employment under this Act: 1. The Director of Dispute Resolution Services. 2. A person appointed by the Minister of Labour under this Act or under a collective agreement to effect the settlement of a dispute or the mediation of a matter.  2008, c. 15, s. 70 (2).
71 If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a person is a member of a bargaining unit, the question may be referred to the Ontario Labour Relations Board and its decision thereon is final and binding for all purposes.  2008, c. 15, s. 71.
72 Where the Ontario Labour Relations Board so directs, an employee organization shall file with the Board, within the time prescribed in the direction, a copy of its constitution and by-laws, and a statement signed by its president or secretary setting out the names and addresses of its officers.  2008, c. 15, s. 72.
73 (1) Every employee organization shall, on the request of an employee that it represents, give the employee, without charge, a copy of the audited financial statement of its affairs to the end of its last fiscal year, certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy.  2008, c. 15, s. 73 (1). Same (2) On the complaint of an employee that the employee organization has failed to comply with his or her request, the Ontario Labour Relations Board may direct the employee organization to, (a) file with the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year, verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds; and (b) give copies of the documents filed under clause (a) to such employees as the Board in its discretion may direct.  2008, c. 15, s. 73 (2). Same (3) The employee organization shall comply with the direction.  2008, c. 15, s. 73 (3).
74 Every employee organization that represents employees or applies to represent employees under this Act shall file with the Ontario Labour Relations Board a notice giving the name and address of a person in Ontario who is authorized by the employee organization to accept on its behalf service of process and notices under this Act, and service on the person named in such notice is good and sufficient service for the purposes of this Act on the employee organization that filed the notice.  2008, c. 15, s. 74.
75 Any act or thing done or omitted by an officer, official or agent of the Council, employer or employee organization within the apparent scope of his or her authority to act on behalf of the Council, employer or employee organization shall be deemed to be an act or thing done or omitted by the Council, employer or employee organization, as the case may be.  2008, c. 15, s. 75.
76 The Arbitration Act, 1991 does not apply to proceedings under this Act.  2008, c. 15, s. 76.
77 Section 68 of the Labour Relations Act, 1995 applies with necessary modifications with respect to representation rights under this Act.  2008, c. 15, s. 77.
78 (1) Sections 98 and 110 to 113, subsections 114 (1) and (3), subsection 115 (1) and sections 115.1 to 118.1 of the Labour Relations Act, 1995 respecting the Ontario Labour Relations Board apply with necessary modifications in respect of any power, duty or function of the Board under this Act.  2008, c. 15, s. 78 (1); 2017, c. 22, Sched. 2, s. 15 (1). Same (2) For the purposes of subsection (1), the modifications include, but are not limited to, the following: 1.  Repealed: 2017, c. 22, Sched. 2, s. 15 (2). 2. The reference in subsection 110 (14.1) of the Labour Relations Act, 1995
to section 74 is deemed to be a reference to section 56 of this Act. 3. Rules may be made under subsection 110 (18) of the Labour Relations Act, 1995 in respect of the following provisions: i. Section 31 of this Act (disagreement by Council with employee organization’s estimate). ii. Section 37 of this Act (right of access). iii. Section 98 of the Labour Relations Act, 1995, incorporated by reference into this Act by subsection (1) (interim orders). iv. Section 71 of this Act (member of bargaining unit). 4. The references in subsection 111 (3) of the Labour Relations Act, 1995
to sections 7 and 63 are deemed to be references to sections 29 and 38 of this Act.  2008, c. 15, s. 78 (2); 2017, c. 22, Sched. 2, s. 15 (2). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 15 (1, 2) - 01/01/2018
79 (1) The Minister of Labour may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act.  2008, c. 15, s. 79 (1). Proof of appointment, etc. (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister of Labour shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it.  2008, c. 15, s. 79 (2).
80 No proceeding under this Act is invalid by reason of any defect of form or any technical irregularity and no proceeding shall be quashed or set aside if no substantial wrong or miscarriage of justice has occurred.  2008, c. 15, s. 80.
81 The Lieutenant Governor in Council may make regulations, (a) governing the assignment of arbitrators to conduct arbitrations and the carrying out and completion of the assignments; (b) providing for and prescribing a scale of fees and expenses allowable to arbitrators in respect of arbitrations and limiting or restricting the application of such a regulation; (c) providing a procedure for the review and determination of disputes concerning the fees and expenses charged or claimed by an arbitrator; (d) governing the filing of schedules of fees and expenses by arbitrators, requiring arbitrators to provide parties with a copy of the schedules on being appointed and requiring arbitrators to charge fees and expenses in accordance with the filed schedules; (e) respecting training programs for arbitrators; (f) governing the conduct of arbitration hearings and prescribing procedures for them; (g) requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards; (h) prescribing forms and providing for their use, including the form in which documents shall be filed in the Superior Court of Justice; (i) respecting the delivery of notice and other documents under this Act, including when notice and other documents are received; (j) providing for transitional matters that the Lieutenant Governor in Council considers advisable to facilitate implementation of this Act or to deal with problems or issues arising as a result of the repeal of the Colleges Collective Bargaining Act
and the enactment of this Act; (k) respecting any matter necessary or advisable to carry out the intent and purpose of this Act.  2008, c. 15, s. 81. PART IX   TRANSITION Transition