50.5 (1) The arbitrator shall examine into and decide on matters that are in dispute and any other matters that appear to the arbitrator necessary to be decided in order to conclude a collective agreement between the parties.  1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Same (1.1) Subject to subsection (1.2), in making its decision, the arbitrator shall not refer a matter that is in dispute back to the parties for further bargaining. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7. Same (1.2) The arbitrator may refer a matter that is in dispute back to the parties for further bargaining if, (a)  the arbitrator
has not issued its decision; and (b)  the parties agree. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7. Same (1.3) For greater certainty, nothing in subsection (1.1) prevents the arbitrator
from referring matters concerning the implementation of its decision back to the parties. 2016, c. 37, Sched. 9, s. 5;
2018, c. 17, Sched. 18, s. 7. Criteria (2) In making a decision, the arbitrator shall take into consideration all factors the arbitrator considers relevant, including the following criteria: 1.  A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment. 2.  A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities, including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities. 3.  The economic health of Ontario and the municipality, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics. 4.  The employer’s ability to attract and retain qualified firefighters. 5.  The interest and welfare of the community served by the fire department. 6.  Any local factors affecting the community. 2018, c. 17, Sched. 18, s. 5 (1). Restriction (3) Nothing in subsection (2) affects the powers of the arbitrator.  1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Arbitrator to remain seized of matters (4) The arbitrator
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.  1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7. Reasons (4.1) When the arbitrator gives a decision, the arbitrator shall provide written reasons upon the request of either party. 2018, c. 17, Sched. 18, s. 5 (2). Same (4.2) The written reasons must clearly demonstrate that the arbitrator has considered the criteria on which a party has made submissions under subsection 50.3 (4), and may deal with other matters as the arbitrator considers appropriate. 2018, c. 17, Sched. 18, s. 5 (2). Time for decision (5) The arbitrator shall give a decision within 90 days after his or her appointment. 2018, c. 17, Sched. 18, s. 5 (3). Extension (6) The parties may agree to extend the time described in subsection (5), either before or after the time has passed.  1997, c. 21, Sched. A, s. 3 (1). Remuneration and expenses (7) Each party shall pay one half of the arbitrator’s remuneration and expenses. 2018, c. 17, Sched. 18, s. 5 (4). Enforcement of arbitration decisions (8) Where a party or firefighter has failed to comply with any of the terms of the decision of an arbitrator, any party or firefighter affected by the decision may file in the Superior Court of Justice a copy of the decision, exclusive of the reasons therefor, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such.  1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 12; 2018, c. 17, Sched. 18, s. 5 (5). Non-application (9) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this Part.  1997, c. 21, Sched. A, s. 3 (1). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (1) - 29/10/1997 2002, c. 18, Sched. N, s. 12 - 26/11/2002 2016, c. 37, Sched. 9, s. 5 - 08/12/2016 2018, c. 17, Sched. 18, s. 5 (1-5), 7 - 06/12/2018