7 (1) The operation of section 48 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.  1995, c. 1, s. 20 (1). Certain subss. not to apply (2) Subsections 48 (1) to (6) of the Labour Relations Act, 1995 do not form part of this Act.  1995, c. 1, s. 20 (2). Deemed provision relating to arbitration (3) Every collective agreement relating to Crown employees shall be deemed to provide for the final and binding settlement by arbitration by the Grievance Settlement Board, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.  1993, c. 38, s. 7 (3). Restrictions on substituted penalties (4) In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995, the Grievance Settlement Board shall not provide for the employment of an employee in a position that involves direct responsibility for or that provides an opportunity for contact with residents in a facility or with a client if the Board has found that the employee, (a) has applied force to a resident in a facility or a client, except the minimum force necessary for self-defence or the defence of another person or necessary to restrain the resident or client; or (b) has sexually molested a resident or a client.  2001, c. 7, s. 17 (1). Definitions (5) In subsection (4), “client” means a person to whom services are provided in a community resource centre that is designated under section 15 of the Ministry of Correctional Services Act; (“client”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “client” in subsection 7 (5) of the Act is amended by striking out “section 15 of the Ministry of Correctional Services Act” at the end and substituting “section 24 of the Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 7 (1)) “facility” means, (a) premises where services are provided by the Minister under the Child, Youth and Family Services Act, 2017, (b)  Repealed:  2008, c. 14, s. 51 (2). (c) The Ontario School for the Deaf, The Ontario School for the Blind or a school for the deaf or a school for the blind continued or established under section 13 of the Education Act, (d) a psychiatric facility under the Mental Health Act, (e) a correctional institution under the Ministry of Correctional Services Act, Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) of the definition of “facility” in subsection 7 (5) of the Act is amended by striking out “Ministry of Correctional Services Act” at the end and substituting “Correctional Services and Reintegration Act, 2018”. (See: 2018, c. 6, Sched. 3, s. 7 (2)) (f) a place of temporary detention under the Youth Criminal Justice Act (Canada), (g) a youth custody facility under the Youth Criminal Justice Act (Canada), or (h) any other workplace where the employee works in carrying out the duties of his or her position, including but not limited to those that he or she is required to carry out at any of the places mentioned in clauses (a) to (g); (“établissement”) “resident” means a person who is an inmate, patient, pupil or resident in or is detained or cared for in a facility. (“résident”)  1993, c. 38, s. 7 (5); 2001, c. 7, s. 17 (2, 3); 2001, c. 13, s. 13; 2006, c. 19, Sched. D, s. 6; 2008, c. 14, s. 51; 2017, c. 14, Sched. 4, s. 11. Substitute penalty (6) In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995 in circumstances in which it is restricted by subsection (4), the Grievance Settlement Board may provide for the employment of the employee in another substantially equivalent position.  1993, c. 38, s. 7 (6); 1995, c. 1, s. 20 (4). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 20 (1, 2, 4) - 10/11/1995 2001, c. 7, s. 17 (1-3)
- 29/06/2001; 2001, c. 13, s. 13
- 30/11/2001 2006, c. 19, Sched. D, s. 6 - 22/06/2006 2008, c. 14, s. 51 (1, 2) - 01/01/2011 2017, c. 14, Sched. 4, s. 11 - 30/04/2018 2018, c. 6, Sched. 3, s. 7 (1, 2) - not in force