jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “Crown employee” means, (a) a public servant employed under Part III of the Public Service of Ontario Act, 2006, and (b) a person employed by an agency of the Crown prescribed by the regulations under this Act.  1995; c. 1, s. 12 (1); 2006, c. 35, Sched. C, s. 23 (1). “Crown” (1.1) References to the Crown in this Act shall be deemed to include a reference to the agencies of the Crown to which the Act applies.  1995, c. 1, s. 12 (2). Definitions in Labour Relations Act, 1995 (2) Definitions in subsection 1 (1) of the Labour Relations Act, 1995 apply to terms used in this Act.  1993, c. 38, s. 1 (2); 1995, c. 1, s. 12 (3). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing agencies of the Crown for the purposes of clause (b) of the definition of “Crown employee” in subsection (1).  2006, c. 35, Sched. C, s. 23 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 12 (1-3) - 10/11/1995 2006, c. 35, Sched. C, s. 23 (1, 2) - 20/08/2007
1.1 (1) This Act applies with respect to the Crown, Crown employees and the bargaining agents of Crown employees.  2006, c. 35, Sched. C, s. 23 (3). (2) Repealed:  2006, c. 35, Sched. C, s. 23 (3). Non-application (3) This Act does not apply with respect to the following: 1. Persons to whom the Ontario Provincial Police Collective Bargaining Act, 2006
applies. 2.  Repealed:  2006, c. 35, Sched. C, s. 23 (4). 3. Architects employed in their professional capacity. 4. Dentists employed in their professional capacity. 5. Lawyers employed in their professional capacity. 6. Physicians employed in their professional capacity. 7. Provincial judges. 8. Persons employed as a labour mediator or labour conciliator. 9. Employees exercising managerial functions or employed in a confidential capacity in relation to labour relations. 10. Persons employed in a minister’s office in a position confidential to a minister of the Crown. 11. Persons employed in the Office of the Premier or in Cabinet Office. 12. Persons who provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act. 13. Persons who provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of Treasury Board under Part 0.1 of the Financial Administration Act. 14. Persons employed in the Ontario Financing Authority or in the Ministry of Finance who spend a significant portion of their time at work in borrowing or investing money for the Province or in managing the assets and liabilities of the Consolidated Revenue Fund, including persons employed in the Authority or the Ministry to provide technical, specialized or clerical services necessary to those activities. 15. Other persons who have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of a bargaining unit.  1995, c. 1, s. 13; 2001, c. 7, s. 16; 2006, c. 35, Sched. C, s. 23 (4); 2009, c. 34, Sched. J, s. 27. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 13 - 10/11/1995 2001, c. 7, s. 16
- 29/06/2001 2006, c. 35, Sched. C, s. 23 (3, 4) - 20/08/2007 2009, c. 34, Sched. J, s. 27 - 15/12/2009 PART II   application of labour relations act, 1995
2 (1) Subject to subsection (2) and Part III.1, the Labour Relations Act, 1995
shall be deemed to form part of this Act. 1995, c. 1, s. 14; 2016, c. 37, Sched. 6, s. 1. Modifications (2) This Part sets out modifications to the provisions of the Labour Relations Act, 1995 that apply in the circumstances of this Act.  1995, c. 1, s. 14. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 14 - 10/11/1995 2016, c. 37, Sched. 6, s. 1 - 08/12/2016
3 (1) Subsections 1 (3), (4) and (5) of the Labour Relations Act, 1995
do not form part of this Act.  1995, c. 1, s. 15 (2). Status of employees (2) A decision made under subsection 1 (4) of the Labour Relations Act, 1995 shall not, directly or indirectly, treat an individual as a Crown employee unless he or she is a Crown employee under this Act.  2006, c. 35, Sched. D, s. 1. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 15 (2) - 10/11/1995 2006, c. 35, Sched. D, s. 1 - 20/12/2006
3.1 Section 3 of the Labour Relations Act, 1995 does not form part of this Act.  1995, c. 1, s. 16. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 16 - 10/11/1995
3.2 Section 4 of the Labour Relations Act, 1995 does not form part of this Act.  1995, c. 1, s. 16. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 16 - 10/11/1995
8 Section 49 of the Labour Relations Act, 1995 does not form a part of this Act.  1995, c. 1, s. 21. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 21 - 10/11/1995
9 (1) The operation of section 50 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 22 (1). Appointment of mediator-arbitrator (2) If there is an agreement to refer one or more grievances to a mediator-arbitrator under subsection 50 (1) of the Labour Relations Act, 1995, the mediator-arbitrator shall be a mediator-arbitrator selected by the Crown and the trade union from the roster established under section 47.1. 2017, c. 8, Sched. 6, s. 1. Same (2.1) If the Crown and the trade union fail to agree on the selection of a mediator-arbitrator, the chair of the Grievance Settlement Board shall make the selection. 2017, c. 8, Sched. 6, s. 1. Minister to appoint (3) Subsection 50 (3) of the Labour Relations Act, 1995 does not form part of this Act.  1995, c. 1, s. 22 (3). References to the Minister (4) References to the Minister in subsections 50 (4) and (5) of the Labour Relations Act, 1995 shall be deemed to be references to the chair of the Grievance Settlement Board.  1993, c. 38, s. 9 (4); 1995, c. 1, s. 22 (4). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 22 (1-4) - 10/11/1995 2017, c. 8, Sched. 6, s. 1 - 01/07/2017
10 (1) The operation of section 69 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  2006, c. 35, Sched. D, s. 2. Application (2) Section 69 of the Labour Relations Act, 1995 applies with respect to the transfer of an undertaking from one employer to another where the employees of one or both of those employers are Crown employees under this Act.  2006, c. 35, Sched. D, s. 2. References modified (3) Any reference to “sale” or “sells” in section 69 of the Labour Relations Act, 1995 shall be deemed to be a reference to a transfer and any reference to a “business” in that section shall be deemed to be a reference to an undertaking.  2006, c. 35, Sched. D, s. 2. Definitions (4) For the purposes of subsections (2) and (3), “transfer” means a conveyance, disposition or sale and the verb has a corresponding meaning; (“transfert”, “transférer”) “undertaking” means all or part of a business, enterprise, institution, program, project or work. (“activité”)  2006, c. 35, Sched. D, s. 2. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 23 (2) - 10/11/1995 2006, c. 35, Sched. D, s. 2 - 20/12/2006 11 Repealed:  1995, c. 1, s. 24. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 24 - 10/11/1995 12 Repealed:  1995, c. 1, s. 24. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 24 - 10/11/1995
13 Subject to section 15.1, it is an additional requirement to those in subsection 79 (2) of the Labour Relations Act, 1995 that the employer and the trade union must have an essential services agreement under Part IV before an employee may strike or the employer may lock out an employee.  1993, c. 38, s. 13; 1995, c. 1, s. 25; 2016, c. 37, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 25 - 10/11/1995 2016, c. 37, Sched. 6, s. 3 - 08/12/2016 14 Repealed:  1995, c. 1, s. 26. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 26 - 10/11/1995
15 (1) The operation of section 86 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 27 (1). Essential services agreement required (2) Subject to section 15.1, it is an additional condition to those in clauses 86 (1) (a) and (2) (a) of the Labour Relations Act, 1995 that there be an essential services agreement between the employer and the trade union before any alteration is allowed under those clauses.  1993, c. 38, s. 15 (2); 1995, c. 1, s. 27 (2); 2016, c. 37, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 27 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 4 - 08/12/2016
15.1 Sections 13 and 15 do not apply with respect to the Correctional Bargaining Unit described in subsection 22 (2). 2016, c. 37, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 5 - 08/12/2016
16 (1) The operation of subsection 96 (4) of the Labour Relations Act, 1995
is subject to the modifications set out in this section.  1995, c. 1, s. 28. No order to require legislation (2) No order of the Board shall include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.  1993, c. 38, s. 16 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 28 - 10/11/1995
17 (1) The operation of section 103 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 29 (1). Notice not to contain appointee (2) A notice under subsection 103 (1) of the Labour Relations Act, 1995 shall not contain the name of an appointee to an arbitration board.  1993, c. 38, s. 17 (2); 1995, c. 1, s. 29 (2). Arbitration by the Grievance Settlement Board (3) A claim for damages under subsection 103 (1) of the Labour Relations Act, 1995 shall be arbitrated by the Grievance Settlement Board.  1993, c. 38, s. 17 (3); 1995, c. 1, s. 29 (3). Certain subss. not to apply (4) Subsections 103 (2), (3), (4), (6) and (7) of the Labour Relations Act, 1995 do not form part of this Act.  1995, c. 1, s. 29 (4). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 29 (1-4) - 10/11/1995
18 (1) The operation of section 110 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 30 (1). Application with respect to essential services (2) In the case of a matter respecting Part IV, the chair of the Board may sit alone or may authorize a vice-chair to sit alone under subsection 110 (14) of the Labour Relations Act, 1995 if, (a) the chair considers it advisable to do so; or (b) the parties consent.  1993, c. 38, s. 18 (2); 1995, c. 1, s. 30 (2). Same (3) The Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings to which Part IV applies.  1993, c. 38, s. 18 (3); 1995, c. 1, s. 30 (3). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 30 (1-3) - 10/11/1995
19 (1) The operation of section 114 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 31 (1). Limitation (2) Despite subsection 114 (2) of the Labour Relations Act, 1995, no person shall be found to be a Crown employee unless he or she is a Crown employee under this Act.  1993, c. 38, s. 19 (2); 1995, c. 1, s. 31 (2); 2006, c. 35, Sched. D, s. 3. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 31 (1, 2) - 10/11/1995 2006, c. 35, Sched. D, s. 3 - 20/12/2006
20 Regulations made under section 125 of the Labour Relations Act, 1995 do not apply with respect to the Grievance Settlement Board.  1993, c. 38, s. 20; 1995, c. 1, s. 32. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 32 - 10/11/1995
21 Sections 126 to 168 of the Labour Relations Act, 1995 do not form part of this Act.  1995, c. 1, s. 33. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 33 - 10/11/1995 PART III   COLLECTIVE BARGAINING
22 (1) In this Part, “designated bargaining unit” means a bargaining unit referred to in subsection 23 (2) and includes a successor of the bargaining unit.  1993, c. 38, s. 22; 1995, c. 1, s. 34; 2016, c. 37, Sched. 6, s. 6 (1). Definitions: bargaining units (2) In this Part and Part III.1, “Correctional Bargaining Unit” means the bargaining unit that was formerly Unit II — Corrections Bargaining Unit, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit; (“Unité de négociation des services correctionnels”) “Engineer Bargaining Unit” means the bargaining unit as set out in the collective agreement that applies to the members of the unit; (“Unité de négociation des ingénieurs”) “Fourth Bargaining Unit” means the bargaining unit that was formerly Unit VII — Seventh Bargaining Unit, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit; (“Quatrième unité de négociation”) “Unified Bargaining Unit” means the bargaining unit that was formerly composed of the following units, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit: 1. Unit I — Administrative Bargaining Unit. 2. Unit III — Institutional & Health Care Bargaining Unit. 3. Unit IV — Office Administration Bargaining Unit. 4. Unit V — Operational & Maintenance Bargaining Unit. 5. Unit VI — Technical Bargaining Unit. (“Unité de négociation unifiée”) 2016, c. 37, Sched. 6, s. 6 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 34 - 10/11/1995 2016, c. 37, Sched. 6, s. 6 (1, 2) - 08/12/2016
23 (1) All public servants appointed under section 32 of the Public Service of Ontario Act, 2006 and not excluded from the application of this Act under subsection 1.1 (3) of this Act shall be in one of the designated bargaining units set out in subsection (2) of this section. 2016, c. 37, Sched. 6, s. 7. Same (2) The following are designated bargaining units for the purposes of this Act: 1. Unified Bargaining Unit. 2. Correctional Bargaining Unit. 3. Engineer Bargaining Unit. 4. Fourth Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Applicable collective agreement (3) The collective agreement that applied with respect to a member of a designated bargaining unit set out in subsection (2) on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force continues to apply with respect to him or her until it expires. 2016, c. 37, Sched. 6, s. 7. Composite agreement (4) If, as a result of subsection (3), more than one collective agreement will apply in a bargaining unit, the provisions of each collective agreement are deemed to form one part of a single collective agreement to which the bargaining agent representing the employees in the designated bargaining unit is a party. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 35 - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
24 (1) The Ontario Public Service Employees Union continues as the bargaining agent representing the employees in the Unified Bargaining Unit and the Correctional Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Bargaining agent, AMAPCEO (2) The Association of Management, Administrative and Professional Crown Employees of Ontario continues as the bargaining agent representing the employees in the Fourth Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Bargaining agent, PEGO (3) The Professional Engineers Government of Ontario continues as the bargaining agent representing the employees in the Engineer Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Effect of continuation (4) Subject to subsections (5) and (7), the bargaining agents described in subsections (1) to (3) represent the employees in the applicable bargaining units until they cease, under this Act or the Labour Relations Act, 1995, to represent them. 2016, c. 37, Sched. 6, s. 7. Restriction (5) The Ontario Public Service Employees Union continues to represent the employees in the Correctional Bargaining Unit and the Unified Bargaining Unit until a collective agreement for those units is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for those units. 2016, c. 37, Sched. 6, s. 7. Non-application (6) Section 66 of the Labour Relations Act, 1995 does not apply with respect to the bargaining rights of a bargaining agent described in subsection (1), (2) or (3) of this section that represents a designated bargaining unit set out in subsection 23 (2) of this Act. 2016, c. 37, Sched. 6, s. 7. Same bargaining agent (7) The Unified Bargaining Unit and the Correctional Bargaining Unit shall be represented by the same bargaining agent. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 36 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
25 Unless the parties agree otherwise, every collective agreement respecting employees in the designated bargaining units set out in subsection 23 (2) shall provide that it is effective for a term of at least two years. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 37 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
26 Section 43 of the Labour Relations Act, 1995 does not apply in respect of the next collective agreement for a designated bargaining unit referred to in subsection 23 (2) that is made following the expiry of a collective agreement referred to in subsection 23 (3) or (4). 2016, c. 37, Sched. 6, s. 7; 2017, c. 22, Sched. 2, s. 16 (6); 2018, c. 14, Sched. 2, s. 20 (6). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016 2017, c. 22, Sched. 2, s. 16 (6) - 01/01/2018 2018, c. 14, Sched. 2, s. 20 (6) - 21/11/2018 PART III.1   interest arbitration — Correctional Bargaining unit
27 This Part applies in respect of the bargaining of collective agreements for the Correctional Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
28 If a conciliation officer appointed under section 18 of the Labour Relations Act, 1995
is unable to effect a collective agreement for the Correctional Bargaining Unit within the time allowed under section 20 of that Act, the following rules apply: 1. The Minister shall forthwith by notice in writing inform each of the parties that the conciliation officer has been unable to effect a collective agreement. 2. Sections 19 and 21 of the Labour Relations Act, 1995 do not apply. 3. The matters in dispute between the parties shall be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 38 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29 Within seven days after the day on which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the parties shall agree to refer matters to a single arbitrator or to a board of arbitration. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 39 - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.1 (1) If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer matters to a single arbitrator. 2016, c. 37, Sched. 6, s. 7. Single arbitrator’s powers (2) The person so appointed shall constitute the board of arbitration for the purposes of this Part and he or she shall have the powers and duties of the chair of a board of arbitration. 2016, c. 37, Sched. 6, s. 7. Notice to Minister (3) As soon as the parties appoint a person to act as a single arbitrator, they shall notify the Minister of the name and address of the person appointed. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.2 (1) If the parties have agreed to refer matters to a board of arbitration, (a) each party shall, within seven days after the parties agreed to refer matters to a board of arbitration, appoint a member of the board and inform the other party of the appointee; and (b) the members appointed under clause (a) shall, within five days after the second of them is appointed, appoint a third member who shall be the chair of the board. 2016, c. 37, Sched. 6, s. 7. Extension (2) The parties by a mutual agreement in writing may extend the period of seven days mentioned in clause (1) (a) for one further period of seven days. 2016, c. 37, Sched. 6, s. 7. Notice of appointment by party (3) As soon as one of the parties appoints a member to a board of arbitration, that party shall notify the other party and the Minister of the name and address of the member appointed. 2016, c. 37, Sched. 6, s. 7. Notice of appointment by members (4) As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.3 (1) If an appointment is not made as required under subsection 29.1 (1) or 29.2 (1), the Minister may make the appointment and the Minister must do so on the request of a party. 2016, c. 37, Sched. 6, s. 7. Vacancies (2) If a person ceases to be a member of a board of arbitration by reason of resignation, death or otherwise before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by such person. 2016, c. 37, Sched. 6, s. 7. Replacement of member (3) If, in the opinion of the Minister, a member of a board of arbitration has failed to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person. 2016, c. 37, Sched. 6, s. 7. Replacement of chair (4) If the chair of a board of arbitration is unable to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a person to act as chair in his or her place. 2016, c. 37, Sched. 6, s. 7. Where single arbitrator unable to act (5) If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications. 2016, c. 37, Sched. 6, s. 7. Same (6) No person shall be appointed a member of a board of arbitration under this Act who has any pecuniary interest in the matters coming before it or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.4 (1) If the chair of the board of arbitration was appointed under subsection 29.1 (1) or clause 29.2 (1) (b), the parties shall select the method of arbitration. 2016, c. 37, Sched. 6, s. 7. Failure to select (2) The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration. 2016, c. 37, Sched. 6, s. 7. Selection of method (3) If the chair of the board of arbitration was appointed by the Minister, subject to subsections (4) to (6), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection. 2016, c. 37, Sched. 6, s. 7. Same, mediation-arbitration (4) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate. 2016, c. 37, Sched. 6, s. 7. Same, final offer selection (5) The method selected shall not be final offer selection without mediation. 2016, c. 37, Sched. 6, s. 7. Same, mediation-final offer selection (6) The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016 Procedure
29.6 Where a person has been appointed as a single arbitrator or the three members have been appointed to a board of arbitration, it shall be presumed conclusively that the board has been established in accordance with this Part and no application shall be made, taken or heard for judicial review or to question the establishment of the board or the appointment of the member or members, or to review, prohibit or restrain any of its proceedings. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.7 (1) The board of arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the board necessary to be decided in order to conclude a collective agreement between the parties, but the board shall not decide any matters that come within the jurisdiction of the Ontario Labour Relations Board. 2016, c. 37, Sched. 6, s. 7. Criteria (2) In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria: 1. The employer’s ability to pay in light of its fiscal situation. 2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased. 3. The economic situation in Ontario. 4. A comparison, as between the employees 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. 2016, c. 37, Sched. 6, s. 7. Restriction (3) Nothing in subsection (2) affects the powers of the board of arbitration. 2016, c. 37, Sched. 6, s. 7. Board to remain seized of matters (4) The board of arbitration shall remain seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between the parties. 2016, c. 37, Sched. 6, s. 7. Procedure (5) The Arbitrations Act
does not apply to arbitrations under this Part. 2016, c. 37, Sched. 6, s. 7. Time for decision (6) The board of arbitration shall give a decision within 90 days after the last or only member of the board is appointed. 2016, c. 37, Sched. 6, s. 7. Extension (7) The parties may agree to extend the time described in subsection (6), either before or after the time has passed. 2016, c. 37, Sched. 6, s. 7. Term of the agreement (8) In making its decision upon matters in dispute between the parties, the board of arbitration may provide, (a) where notice was given under section 16 of the Labour Relations Act, 1995, that any of the terms of the agreement except its term of operation shall be retroactive to such day as the board may fix, but not earlier than the day upon which such notice was given; or (b) where notice was given under section 59 of the Labour Relations Act, 1995, that any of the terms of the agreement except its term of operation shall be retroactive to such day as the board may fix, but not earlier than the day upon which the previous agreement ceased to operate. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.8 (1) The board of arbitration may, upon application by a party within 10 days after the release of a decision, amend, alter or vary the decision where it is shown to the satisfaction of the board that they failed to deal with any matter in dispute referred to them or that an error is apparent on the face of the decision. 2016, c. 37, Sched. 6, s. 7. Representations on reference back (2) Before amending, altering or varying a decision on an application under subsection (1), the board shall give the parties an opportunity to make representations on the application. 2016, c. 37, Sched. 6, s. 7. Time limit on reference back (3) A decision may be amended, altered or varied on an application under subsection (1) only within 20 days after the application is made. 2016, c. 37, Sched. 6, s. 7. No decision to require legislation (4) In making a decision, the board of arbitration shall not include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.9 (1) Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement under the Labour Relations Act, 1995. 2016, c. 37, Sched. 6, s. 7. Failure to make agreement (2) If the parties fail to put the terms of all the matters agreed upon by them in writing or if, having put the terms of their agreement in writing, either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement and it shall instead be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 6, s. 7. Decision of board (3) Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties have agreed upon some matters to be included in the collective agreement and have notified the board in writing of the matters agreed upon, the decision of the board shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties. 2016, c. 37, Sched. 6, s. 7. Same (4) Where the parties have not notified the board of arbitration in writing that, during the bargaining under this Act or during the proceedings before the board of arbitration, they have agreed upon some matters to be included in the collective agreement, the board shall decide all matters in dispute and such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.10 (1) Within five days after the date of the decision of the board of arbitration or such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the board and any agreement of the parties, and the document thereupon constitutes a collective agreement. 2016, c. 37, Sched. 6, s. 7. Preparation of agreement by board (2) If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties within the period mentioned in subsection (1), the parties or either of them shall notify the chair of the board in writing forthwith, and the board shall prepare a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties and submit the document to the parties for execution. 2016, c. 37, Sched. 6, s. 7. Failure to execute agreement (3) If the parties or either of them fail to execute the document prepared by the board within a period of five days from the day of its submission by the board to them, the document shall come into effect as though it had been executed by the parties, and the document thereupon constitutes a collective agreement under the Labour Relations Act, 1995. 2016, c. 37, Sched. 6, s. 7. Effective date (4) The date the board of arbitration gives its decision is the effective date of the document that constitutes a collective agreement between the parties. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.11 The remuneration and expenses of the members of the board of arbitration shall be paid as follows: 1. If a single arbitrator is appointed, each party shall pay one-half of the remuneration and expenses of the arbitrator. 2. If a board of arbitration is appointed, each party shall pay the remuneration and expenses of the member appointed by or on behalf of the party and one-half of the remuneration and expenses of the chair. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.12 Despite anything in the Labour Relations Act, 1995, employees to whom this Part applies shall not strike and the employer shall not lock them out. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.13 (1) Despite section 67 of the Labour Relations Act, 1995, where a trade union that has been certified as the bargaining agent for the Correctional Bargaining Unit has given notice to the employer of employees who are members of that unit under section 16 of that Act and the Minister has appointed a conciliation officer, an application for a declaration that the trade union no longer represents the employees in the bargaining unit determined in the certificate may be made only in accordance with subsection 63 (2) of the Labour Relations Act, 1995. 2016, c. 37, Sched. 6, s. 7. Same (2) Subject to subsection (3) and despite section 67 of the Labour Relations Act, 1995, where notice has been given under section 59 of the
Labour Relations Act, 1995 by or to a trade union that is the bargaining agent for the Correctional Bargaining Unit to or by the employer of employees who are members of that unit and the Minister has appointed a conciliation officer, an application for certification of a bargaining agent of the employees who are members of elawsthat unit or an application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees who are members of that unit shall not be made after the day upon which the agreement ceased to operate or the day upon which the Minister appointed a conciliation officer, whichever is later, except in accordance with section 7 or subsection 63 (2) of the Labour Relations Act, 1995, as the case may be. 2016, c. 37, Sched. 6, s. 7. Same (3) The applications referred to in subsection (2) shall not be made until a collective agreement for the Correctional Bargaining Unit is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for the Unit. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.14 Despite subsection 86 (1) of the Labour Relations Act, 1995, if notice has been given under section 16 or 59 of that Act and no collective agreement is in operation, (a) the employer shall not, except with the consent of the bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees; and (b) the bargaining agent shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.15 Every chair of a board of arbitration shall file a copy of every decision of the board with the Minister. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.16 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. 2016, c. 37, Sched. 6, s. 7. Proof of appointment (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister 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. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016
29.17 (1) The Minister may make regulations for the purposes of this Part, (a) providing for and regulating the engagement of experts, investigators and other assistants by boards of arbitration; (b) providing for and fixing the remuneration and expenses of chairs and other members of boards of arbitration; (c) prescribing rules of practice and procedure; (d) prescribing forms and providing for their use; (e) addressing any issue related to the application of any provision of the Labour Relations Act, 1995
that arises as a result of, (i) a collective agreement being executed within 90 days of its expiry, (ii) a collective agreement being executed after the period during which that agreement applies has expired, or (iii) the interaction between subsection 24 (7) of this Act and section 7 or subsection 63 (2) of the
Labour Relations Act, 1995; (f) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Part. 2016, c. 37, Sched. 6, s. 7. Same (2) Without limiting the generality of clause (1) (e), a regulation made under that clause may modify the application of a provision of the Labour Relations Act, 1995 in order to achieve the objectives of the provision. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016 PART IV   ESSENTIAL SERVICES
30 In this Part, “essential services” means services that are necessary to enable the employer to prevent, (a) danger to life, health or safety, (b) the destruction or serious deterioration of machinery, equipment or premises, (c) serious environmental damage, or (d) disruption of the administration of the courts or of legislative drafting; (“services essentiels”) “essential services agreement” means an agreement between the employer and trade union that applies during a strike or lock-out and that has, (a) an essential services part that provides for the use, during a strike or lock-out, of employees in the bargaining unit to provide essential services, and (b) an emergency services part that provides for the use, during a strike or lock-out, of employees in the bargaining unit, in addition to those referred to in clause (a), in emergencies. (“entente sur les services essentiels”)  1993, c. 38, s. 30.
30.1 This Part does not apply to the Correctional Bargaining Unit described in subsection 22 (2). 2016, c. 37, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 8 - 08/12/2016
31 (1) An employer of Crown employees and a trade union representing Crown employees who have or are negotiating a collective agreement shall make an essential services agreement.  1993, c. 38, s. 31 (1). Duty to bargain (2) The employer and the trade union shall bargain in good faith and make every reasonable effort to make an essential services agreement.  1993, c. 38, s. 31 (2).
32 (1) The essential services part of an essential services agreement must include provisions that, (a) identify the essential services; (b) set out how many employees in the bargaining unit from what employee positions are necessary to enable the employer to provide the essential services; and (c) identify the employees who the employer and trade union have agreed will be required during a strike or lock-out to work to the extent necessary to enable the employer to provide the essential services.  1993, c. 38, s. 32 (1). Same (2) For the purposes of clause (1) (b), the number of employees in the bargaining unit that are necessary to provide the essential services shall be determined without regard to the availability of other persons to provide essential services.  1995, c. 1, s. 40. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 40 - 10/11/1995
33 (1) An employer and trade union who do not have an essential services agreement shall begin to negotiate one, (a) if they have a collective agreement, at least 180 days before the agreement ceases to operate; or (b) if a notice under section 16 of the Labour Relations Act, 1995 has been given, within fifteen days of the giving of that notice.  1993, c. 38, s. 33 (1); 1995, c. 1, s. 41. Same (2) An employer and trade union may begin to negotiate at a time later than that required under subsection (1) if they agree to do so.  1993, c. 38, s. 33 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 41 - 10/11/1995
34 In negotiating the essential services part of an essential services agreement, the employer and trade union shall negotiate with respect to the following issues in the following order: 1. What types of services are essential services. 2. What levels of the types of essential services are necessary to prevent, i. danger to life, health or safety, ii. the destruction or serious deterioration of machinery, equipment or premises, iii. serious environmental damage, or iv. disruption of the administration of the courts or of legislative drafting. 3. What employee positions are necessary to enable the employer to provide the types of essential services at the necessary levels. 4. How many employees in the bargaining unit, in employee positions referred to in paragraph 3, are necessary to enable the employer to provide the essential services at the necessary levels. 5. Which employees will be required during a strike or lock-out to work to the extent necessary to enable the employer to provide the essential services.  1993, c. 38, s. 34.
35 (1) At any time after an employer and trade union are required to begin negotiations, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect an essential services agreement.  1993, c. 38, s. 35. Non-disclosure and non-compellability (2) Subsections 119 (2) and (3) and section 120 of the Labour Relations Act, 1995 apply with necessary modifications with respect to a conciliation officer appointed under this section.  2002, c. 18, Sched. J, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 2 - 26/11/2002
36 (1) On application by the employer or trade union, the Ontario Labour Relations Board shall determine any matters that the parties have not resolved and in doing so the Board may, (a) determine any matters to be included in an essential services agreement between the parties; (b) order that terms specified by the Board be deemed to be part of an essential services agreement between the parties; (c) order that the parties be deemed to have entered into an essential services agreement; and (d) give any other such directions as the Board considers appropriate.  1993, c. 38, s. 36 (1). Same (2) The Board may consult with the parties to resolve any matter raised by the application or may inquire into any matter raised by the application, or may do both.  1993, c. 38, s. 36 (2). Orders after consultation (3) The Board may make any interim or final order it considers appropriate after consulting with the parties or on an inquiry.  1993, c. 38, s. 36 (3). Reconsideration (4) On a further application by the employer or trade union, the Board may modify any determination or direction in view of a change in circumstances.  1993, c. 38, s. 36 (4).
37 (1) An essential services agreement continues until terminated by a party to the agreement.  1993, c. 38, s. 37 (1). When termination possible (2) A party may terminate an essential services agreement only if the parties have a collective agreement and there are at least 190 days left in the term of the collective agreement.  1993, c. 38, s. 37 (2). Method of termination (3) A party may terminate an essential services agreement by giving the other party written notice.  1993, c. 38, s. 37 (3).
38 (1) A party to an essential services agreement may apply to the Board to enforce it.  1995, c. 1, s. 42. Amendment of agreement (2) A party to an agreement may apply to the Board to amend it, (a) if the agreement does not provide for services that are essential services; (b) if it provides for levels of service that are greater or less than required to provide the essential services; or (c) if it provides for too many or too few employees in the bargaining unit to provide the essential services.  1995, c. 1, s. 42. Order (3) On an application under this section, the Board may enforce the agreement or amend it and may make such other orders as it considers appropriate in the circumstances.  1995, c. 1, s. 42. Same (4) Subsection 32 (2) applies with necessary modifications when the Board is deciding an application under subsection (2).  1995, c. 1, s. 42. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 42 - 10/11/1995
39 (1) In an application or complaint relating to this Part, the burden of proof that services are essential services lies upon the party alleging that they are.  1993, c. 38, s. 39 (1). Same (2) In an application or complaint relating to this Part, the burden of proof that circumstances constitute or would constitute an emergency lies upon the party alleging it.  1993, c. 38, s. 39 (2).
40 (1) During a strike or lock-out, the employer is entitled to use, to provide essential services, such employees in the bargaining unit as are necessary as provided in the essential services part of the essential services agreement.  1993, c. 38, s. 40 (1). Notification of employees (2) The employer shall notify the employees who, under the essential services part of the essential services agreement, the employer is entitled to use under subsection (1) during a strike or lock-out.  1993, c. 38, s. 40 (2). Limitation on strike, lock-out rights (3) Employees who have been notified by the employer or trade union that the employer is entitled to use them under subsection (1) may not strike and may not be locked out.  1993, c. 38, s. 40 (3). (4) Repealed:  1995, c. 1, s. 43. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 43 - 10/11/1995
41 (1) In an emergency during a strike or lock-out, the employer is entitled to use such employees as the emergency services part of the essential services agreement provides for.  1993, c. 38, s. 41 (1). Limitation on strike rights (2) Employees who have been notified that the employer is entitled to use them under subsection (1) and wishes to do so may not strike while the employer is so entitled and so wishes.  1993, c. 38, s. 41 (2). (3) Repealed:  1995, c. 1, s. 44. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 44 - 10/11/1995
41.1 (1) An essential services agreement shall not directly or indirectly prevent the employer from using a person to perform any work during a strike or lock-out.  1995, c. 1, s. 45. Same (2) A provision in an essential services agreement that conflicts with subsection (1) is void.  1995, c. 1, s. 45. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 45 - 10/11/1995