jswizzle3737/ontario_laws_and_regs huggingface dataset:
42 (1) A party to an essential services agreement may apply to the Ontario Labour Relations Board for a declaration that the agreement has prevented meaningful collective bargaining.  1995, c. 1, s. 46. Restriction (2) No application may be made until employees in the bargaining unit have been on strike or locked out for at least 10 days.  1995, c. 1, s. 46. Same (3) The Board shall consider whether sufficient time has elapsed in the dispute between the parties to permit it to determine whether meaningful collective bargaining has been prevented.  1995, c. 1, s. 46. Deferred decision (4) The Board may defer making a decision on the application until such time as it considers appropriate.  1995, c. 1, s. 46. Factor to be considered (5) In deciding whether to make the declaration, the Board shall consider only whether meaningful collective bargaining is prevented because of the number of persons identified in the agreement whose services the employer has used to enable the employer to provide the essential services.  1995, c. 1, s. 46. Order (6) If the Board makes the declaration, the Board may amend the essential services agreement to change the number of employee positions or to change the number of employees in the bargaining unit that are designated as necessary to enable the employer to provide the essential services.  1995, c. 1, s. 46. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 46 - 10/11/1995 43 Repealed:  1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995 44 Repealed:  1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995 45 Repealed:  1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995 PART V   GRIEVANCE SETTLEMENT BOARD
46 The Grievance Settlement Board is continued.  1993, c. 38, s. 46.
47.1 (1) The chair of the Grievance Settlement Board shall establish and maintain a roster of mediator-arbitrators who may be selected for the purpose of determining matters before the Board. 2017, c. 8, Sched. 6, s. 2. Joint agreement re numbers (2) The number of mediator-arbitrators on the roster shall be determined by the Crown and the trade unions. If the Crown and the trade unions fail to agree, or fail to continue to agree, the chair of the Grievance Settlement Board shall determine the number of mediator-arbitrators on the roster. 2017, c. 8, Sched. 6, s. 2. Joint agreement re selection of mediator-arbitrators (3) The persons to be assigned to the roster of mediator-arbitrators shall be selected by the Crown and the trade unions. If the Crown and the trade unions fail to agree, the chair of the Grievance Settlement Board shall select the persons to be assigned. 2017, c. 8, Sched. 6, s. 2. Joint agreement re removal from roster (4) A person may be removed from the roster of mediator-arbitrators if the Crown and the trade unions agree. If the Crown and the trade unions fail to agree, the chair of the Grievance Settlement Board may remove a person from the roster. 2017, c. 8, Sched. 6, s. 2. Contract re services (5) The chair of the Grievance Settlement Board may, on behalf of the Board, contract for the services of mediator-arbitrators on the roster in such form as the chair, in consultation with the Crown and trade unions, shall determine. 2017, c. 8, Sched. 6, s. 2. Mediator-arbitrator determination (6) Any determination or action by a mediator-arbitrator selected from the roster is a determination or action of the Grievance Settlement Board. 2017, c. 8, Sched. 6, s. 2. Practice and procedure (7) A mediator-arbitrator selected from the roster to determine a matter before the Grievance Settlement Board shall follow the practices and procedures determined by the Board under subsection 48 (1) and the rules made under subsection 48 (2) governing such practices and procedures, and shall comply with any restriction on the powers of the Board set out in this Act. 2017, c. 8, Sched. 6, s. 2. Amounts to be paid to mediator-arbitrators (8) The amounts payable to mediator-arbitrators in respect of services performed on behalf of the Grievance Settlement Board shall be determined by agreement of the Crown and the trade unions representing Crown employees, or failing such agreement, by the Lieutenant Governor in Council. 2017, c. 8, Sched. 6, s. 2. Limits on amounts (9) The Lieutenant Governor in Council may determine limits on the amounts payable to mediator-arbitrators in respect of services performed on behalf of the Grievance Settlement Board. 2017, c. 8, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 2 - 01/07/2017
47.2 (1) If the Crown and the trade union have agreed to refer a matter to mediation, they may, by agreement, select as a mediator the chair of the Grievance Settlement Board, a mediator-arbitrator selected from the roster of mediator-arbitrators established under section 47.1, or any other person. 2017, c. 8, Sched. 6, s. 2. Same (2) Where the chair of the Grievance Settlement Board, or a mediator-arbitrator selected from the roster of mediator-arbitrators, is selected to determine a matter, the chair or mediator-arbitrator may engage in mediation as part of the process. 2017, c. 8, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 2 - 01/07/2017
48 (1) Subject to the specific requirements in this Part and to any requirements in the Labour Relations Act, 1995, the Grievance Settlement Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceeding to present their evidence and to make their submissions.  1993, c. 38, s. 48 (1); 1995, c. 1, s. 48. Rules (2) The Grievance Settlement Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable.  1993, c. 38, s. 48 (2). Rules not regulations (3) Rules made under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006.  1993, c. 38, s. 48 (3); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 48 - 10/11/1995 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007
48.1 (1) If a Crown employee is convicted or discharged of an offence under the Criminal Code (Canada) in respect of an act or omission that results in discipline or dismissal and the discipline or dismissal becomes the subject-matter of a grievance before the Grievance Settlement Board, proof of the employee’s conviction or discharge shall, after the time for an appeal has expired or, if an appeal was taken, it was dismissed and no further appeal is available, be taken by the Grievance Settlement Board as conclusive evidence that the employee committed the act or omission.  2001, c. 7, s. 18. Adjournment pending appeal to be granted (2) If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Grievance Settlement Board shall grant the adjournment.  2001, c. 7, s. 18. Section Amendments with date in force (d/m/y) 2001, c. 7, s. 18
- 29/06/2001
49 (1) Subject to subsection (2),  a matter to be determined by the Grievance Settlement Board shall be determined by either, (a) a mediator-arbitrator jointly selected by the parties from the roster established under section 47.1; or (b) the chair of the Grievance Settlement Board, if an agreement has been made under section 50 that the matter is to be determined by the chair and the chair agrees to determine the matter. 2017, c. 8, Sched. 6, s. 3. Matter to be determined by panel (2) If the Crown and the trade union agree, a matter to be determined by the Grievance Settlement Board shall be determined by a panel of three persons, which shall be composed of, (a) one person chosen by the Crown from the roster established under section 47.1; (b) one person chosen by the trade union from the roster; and (c) either, (i) a mediator-arbitrator jointly selected by the parties from the roster, or (ii) the chair of the Grievance Settlement Board, if an agreement has been made under section 50 that the matter is to be determined by the chair and the chair agrees to determine the matter. 2017, c. 8, Sched. 6, s. 3. Selection where no agreement (3) If the parties fail to agree on the selection of a mediator-arbitrator from the roster for the purposes of clause (1) (a) or subclause (2) (c) (i), the chair of the Grievance Settlement Board shall select a mediator-arbitrator from the roster. 2017, c. 8, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 3 - 01/07/2017
50 (1) An employer and trade union may make an agreement relating to matters that may be determined by the Grievance Settlement Board that provides for, (a) the selection of the mediator-arbitrators from the roster established under section 47.1 who will determine matters before the Board; (b) certain matters to be determined by the chair of the Grievance Settlement Board, if the chair consents to the agreement; and (c) time limits within which hearings of certain matters must commence.  1993, c. 38, s. 50 (1); 2017, c. 8, Sched. 6, s. 4. Same (1.1) An employer and trade union may make an agreement as to the sequence in which the Grievance Settlement Board shall consider outstanding matters in which the employer and trade union have an interest.  1995, c. 1, s. 49 (1). Effect of agreement (2) Upon receiving notice of an agreement from a party, the Grievance Settlement Board shall give effect to it.  1995, c. 1, s. 49 (2). Same (3) The Grievance Settlement Board shall cease to give effect to an agreement upon receiving notice from a party that the party no longer wants the agreement to apply.  1993, c. 38, s. 50 (3). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 49 (1, 2) - 10/11/1995 2017, c. 8, Sched. 6, s. 4 - 01/07/2017
51 (1) An order of the Grievance Settlement Board shall not require the creation of a new classification of employees or the alteration of an existing classification.  1993, c. 38, s. 51. Same (2) An order of the Grievance Settlement Board shall not require a change to be made in the classification of an employee.  1995, c. 1, s. 50. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 50 - 10/11/1995
51.1 Sections 9, 47, 47.1, 47.2, 49 and 50 prevail over the Management Board of Cabinet Procurement Directive issued under the Management Board of Cabinet Act. 2017, c. 8, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 5 - 01/07/2017
51.2 (1) A matter that was assigned to the chair, a vice-chair or members of the Grievance Settlement Board under this Act, as it read on the day before section 5 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017 came into force, but was not disposed of on or before that day, shall be continued as provided for by this Act, as it read on that day, and is not terminated because of, or otherwise affected by, amendments to this Act that occurred after that day. 2017, c. 8, Sched. 6, s. 5. Existing appointments continued (2) The chair, vice-chairs and members of the Grievance Settlement Board, as it was constituted on the day before section 5 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017 came into force, continue to hold office and to have the duties or responsibilities and exercise the powers of their office until, (a) the revocation or expiry of their appointment; or (b) if a matter was continued under subsection (1), the disposition of the matter. 2017, c. 8, Sched. 6, s. 5. Transitional regulations (3) The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by section 2 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017. 2017, c. 8, Sched. 6, s. 5. Conflict with transitional regulations (4) In the event of a conflict between sections 47, 47.1, 47.2, 48, 49, 50 or 51.1 and a regulation made under subsection (3), the regulation prevails. 2017, c. 8, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 5 - 01/07/2017 PART VI   MISCELLANEOUS General
52 (1) A provision in an agreement entered into that provides for the determination by an arbitrator, a board of arbitration or another tribunal of any of the following matters is void: 1. A classification system of employees, including creating a new classification system or amending an existing classification system. 2. The classification of an employee, including changing an employee’s classification.  1995, c. 1, s. 51. Same (2) Subsection (1) applies to agreements entered into before or after the date on which the Labour Relations and Employment Statute Law Amendment Act, 1995 receives Royal Assent.  1995, c. 1, s. 51. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 51 - 10/11/1995 Transitional Provisions
53 In sections 54 to 60, “Labour Relations Act” means the Labour Relations Act as it read immediately before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force; (“Loi sur les relations de travail”) “old Act” means the Crown Employees Collective Bargaining Act, being Chapter C.50 of the Revised Statutes of Ontario, 1990. (“ancienne loi”)  1995, c. 1, s. 52. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 52 - 10/11/1995
54 (1) A unit of employees that was a bargaining unit under the old Act immediately before the repeal of that Act is an appropriate bargaining unit for the purposes of the Labour Relations Act or this Act until the description of the bargaining unit is altered under the Labour Relations Act or this Act.  1993, c. 38, s. 54 (1); 1995, c. 1, s. 53 (1). Changes (2) Despite this Act and the Labour Relations Act, the description of a bargaining unit referred to in subsection (1) cannot be altered until after a collective agreement is made following the coming into force of this section.  1993, c. 38, s. 54 (2); 1995, c. 1, s. 53 (2). Exception (3) This section does not apply with respect to a bargaining unit that was continued by section 23 as it read 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. 2016, c. 37, Sched. 6, s. 9. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 53 (1-3) - 10/11/1995 2016, c. 37, Sched. 6, s. 9 - 08/12/2016
55 A bargaining agent that, immediately before the repeal of the old Act, represented employees in a bargaining unit to which section 54 applies continues to represent them until it ceases to do so under this Act.  1995, c. 1, s. 54. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 54 - 10/11/1995 56 Repealed: 2016, c. 37, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 55 (1-3) - 10/11/1995 2016, c. 37, Sched. 6, s. 10 - 08/12/2016 57 Repealed: 2016, c. 37, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 56 - 10/11/1995 2016, c. 37, Sched. 6, s. 10 - 08/12/2016 58 Repealed:  1995, c. 1, s. 57. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 57 - 10/11/1995
59 (1) In this section, “Tribunal” means the Ontario Public Service Labour Relations Tribunal.  1993, c. 38, s. 59 (1). Tribunal continued (2) The Tribunal is continued for the purposes of disposing of any matters in respect of which an application was made to the Tribunal before the repeal of the old Act.  1993, c. 38, s. 59 (2). Dissolution of Tribunal (3) The Tribunal is dissolved on the day it disposes of the last of the matters referred to in subsection (2) or on a later day named by proclamation of the Lieutenant Governor.  1993, c. 38, s. 59 (3). Old Act continues to apply (4) Despite its repeal, the provisions of the old Act that relate to the Tribunal continue to apply with respect to the Tribunal and to the matters before it until the Tribunal is dissolved.  1993, c. 38, s. 59 (4). Reconsideration (5) While the Tribunal is continued, it may reconsider anything under section 39 of the old Act and, after it is dissolved, the Ontario Labour Relations Board may reconsider anything done by the Tribunal.  1993, c. 38, s. 59 (5). (6) Repealed:  1995, c. 1, s. 58. Act of the Tribunal (7) Anything done by the Tribunal shall be deemed, after the old Act is repealed, to have been done by the Ontario Labour Relations Board.  1993, c. 38, s. 59 (7). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 58 - 10/11/1995
60 (1) Section 51, as it read immediately before section 59 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, applies with respect to all matters referred for arbitration to the Grievance Settlement Board after June 14, 1993 and before the day on which that section came into force.  1995, c. 1, s. 59. Same (1.1) Section 51 applies with respect to all matters referred for arbitration to the Grievance Settlement Board on and after the day on which section 59 of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force. 1995, c. 1, s. 59. Effect of reductions in size (2) No reduction in the number of vice-chairs or members of the Grievance Settlement Board shall have any effect on a term of a vice-chair or a member if that term began before the repeal of the old Act.  1993, c. 38, s. 60 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 59 - 10/11/1995 61 Repealed:  1995, c. 1, s. 60. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 60 - 10/11/1995 62-71 Omitted (amends or repeals other Acts).  1993, c. 38, ss. 62-71. 72 Omitted (provides for coming into force of provisions of this Act).  1993, c. 38, s. 72. 73 Omitted (enacts short title of this Act).  1993, c. 38, s. 73. ______________  Français