jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “bargaining agent” means the Canadian Union of Public Employees and any of its affiliated local trade unions; (“agent négociateur”) “bargaining unit” means a bargaining unit of employees of a school board represented by the bargaining agent; (“unité de négociation”) “employee bargaining agency” means the Canadian Union of Public Employees designated as the employee bargaining agency under subsection 3 (1) of Ontario Regulation 144/22 (The 2022 Round of Collective Bargaining) for the purposes of subsection 20 (2) of the School Boards Collective Bargaining Act, 2014; (“organisme négociateur syndical”) “employees” means the employees in any bargaining unit; (“employés”) “employer” means a school board that employs employees; (“employeur”) “employer bargaining agency” means the council of trustees’ associations designated as the employer bargaining agency under subsection 3 (2) of Ontario Regulation 144/22 (The 2022 Round of Collective Bargaining) for the purposes of subsection 21 (6) of the School Boards Collective Bargaining Act, 2014; (“organisme négociateur patronal”) “Minister” means the Minister of Education or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; (“ministre”) “new central terms” means the terms, including letters of understanding, contained in the document provided on behalf of the Crown to the bargaining agent on October 30, 2022, the text of which is set out in Schedule 1 to this Act; (“nouvelles conditions négociées centralement”) “new collective agreement” means a new collective agreement that is deemed to be in operation under subsection 5 (1). (“nouvelle convention collective”)
2 (1) Expressions used in this Act have the same meaning as in the School Boards Collective Bargaining Act, 2014, unless the context requires otherwise. Constitutional rights and privileges (2) This Act does not prejudicially affect any right or privilege guaranteed by section 93 of the Constitution Act, 1867 or by section 23 of the Canadian Charter of Rights and Freedoms, and every authority given by this Act shall be exercised in a manner consistent with those rights and privileges. School board as employer (3) Nothing in this Act changes the status of a school board as the employer of its employees and the application of this Act does not create an employment relationship between the Crown and employees or a deemed employment relationship between them for the purposes of this or any other Act or any law.
3 This Act applies to every employer, every employee, the bargaining agent, the employer bargaining agency and the employee bargaining agency.
4 (1) Except as modified by this Act, the School Boards Collective Bargaining Act, 2014 continues to apply. Same, conflict (2) In the event of a conflict between this Act and the School Boards Collective Bargaining Act, 2014, the Labour Relations Act, 1995 or the Education Act, this Act prevails. Collective Agreements
5 (1) As soon as this Act receives Royal Assent, new collective agreements between every employer and the bargaining agent are deemed to be in operation with respect to every bargaining unit. Same (2) A new collective agreement is deemed to be a collective agreement for the purposes of the School Boards Collective Bargaining Act, 2014 and the Labour Relations Act, 1995. Terms of agreement (3) A new collective agreement includes: 1. The new central terms. 2. Subject to subsections (5) and (6), the local terms set out in the collective agreement that expired on August 31, 2022 and that applied with respect to the applicable bargaining unit. 3. The terms and conditions that, under the School Boards Collective Bargaining Act, 2014 and the Labour Relations Act, 1995, are deemed to be included in it. No further changes to compensation terms (4) No decision, direction, order or award, or any other determination made by any court, administrative tribunal, arbitrator, mediator-arbitrator or arbitration board, under the Canadian Charter of Rights and Freedoms or otherwise, after this Act receives Royal Assent, that affects a central or local term respecting compensation that applied to a bargaining unit during the period from September 1, 2019 to August 31, 2022 shall alter, modify or otherwise affect any amounts payable as compensation to an employee under a new collective agreement. Nullification of local terms (5) Any local term that has the effect of limiting the ability of the employer to implement a program to support employee attendance is null and void to that extent. Local terms modified by new central terms (6) Any modification or adjustment to a local term, or any nullification or substitution of a local term, that is required under the new central terms is deemed to have been made. Term of operation (7) A new collective agreement shall have a commencement date that is the day this Act receives Royal Assent and an expiry date of August 31, 2026. Strikes and Lock-outs Duties of employer and employee bargaining agency
6 (1) This section applies if a strike or lock-out involving any employees is in effect immediately before this Act receives Royal Assent. Resumption of operations (2) As soon as this Act receives Royal Assent, every employer shall use all reasonable efforts to resume any operations interrupted during any strike or lock-out, by or with respect to any employees, that is in effect immediately before this Act receives Royal Assent. Termination of lock-out (3) As soon as this Act receives Royal Assent, every employer and employer bargaining agency shall terminate any lock-out of employees that is in effect immediately before this Act receives Royal Assent. Termination of strike (4) As soon as this Act receives Royal Assent, the bargaining agent and employee bargaining agency shall terminate any strike by employees that is in effect immediately before this Act receives Royal Assent. Same (5) As soon as this Act receives Royal Assent, each employee shall terminate any strike that is in effect immediately before this Act receives Royal Assent and shall, without delay, resume the performance of the duties of the employee’s employment or shall continue performing them, as the case may be. Exception (6) Subsection (5) does not preclude an employee from not reporting to work and performing the employee’s duties for reasons of health or by mutual consent of the employee and the employer.
7 (1) No employee shall strike and no person, bargaining agent or employee bargaining agency shall call or authorize or threaten to call or authorize a strike by any employees during the term of operation of the new collective agreement. Same (2) No officer, official or agent of the bargaining agent or employee bargaining agency shall counsel, procure, support, authorize, threaten or encourage a strike by any employees during the term of operation of the new collective agreement.
8 (1) No employer or employer bargaining agency shall lock out, call for, authorize or require a lock-out or threaten to call for, authorize or require a lock-out of any employees during the term of operation of the new collective agreement. Same (2) No officer, official or agent of an employer or employer bargaining agency shall counsel, procure, support, authorize, require, threaten or encourage a lock-out of any employees during the term of operation of the new collective agreement.
9 (1) A person, including the bargaining agent, the employee bargaining agency, an employer or the employer bargaining agency, who contravenes or fails to comply with section 6, 7, or 8 is guilty of an offence under this Act and on conviction is liable, (a) in the case of an individual, to a fine of not more than $4,000; or (b) in any other case, to a fine of not more than $500,000. Continuing offence (2) Each day of a contravention or failure to comply constitutes a separate offence. Related matters (3) Subsections 104 (1) and (2) of the Labour Relations Act, 1995 do not apply with respect to an offence under this Act. Same (4) Subsection 104 (3) and sections 105, 106, 107 and 109 of the Labour Relations Act, 1995 apply, with necessary modifications, with respect to an offence under this Act. Exception for prosecutions instituted by the Crown (5) Despite subsection (4), section 109 of the Labour Relations Act, 1995 does not apply to a prosecution for an offence under this Act instituted by the Crown.
10 Contravention of section 6, 7 or 8 is an unlawful strike or lock-out for the purposes of the Labour Relations Act, 1995.
11 (1) Despite subsection 45 (1) of the School Boards Collective Bargaining Act, 2014, the Minister may, without the consent of the employer bargaining agency, make a complaint under section 100 of the Labour Relations Act, 1995 with respect to an unlawful strike in contravention of section 6 or 7. Other rights to make a complaint not affected (2) Subsection (1) does not limit the right of the employer bargaining agency or an employer to make a complaint under section 100 of the Labour Relations Act, 1995. Other provisions that apply (3) Sections 102, 103 and 108 of the Labour Relations Act, 1995 apply, with necessary modifications, with respect to a complaint under section 100 of that Act with respect to an unlawful strike in contravention of section 6 or 7. Rights of Labour Act 12 Nothing in the Rights of Labour Act prevents or affects the operation or enforcement of this Act against any person including the bargaining agent. Application of Charter and Human Rights Code and Limits on Courts, etc. Application of Charter and Human Rights Code
12 Nothing in the Rights of Labour Act prevents or affects the operation or enforcement of this Act against any person including the bargaining agent. Application of Charter and Human Rights Code and Limits on Courts, etc. Application of Charter and Human Rights Code
13 (1) Pursuant to subsection 33 (1) of the Canadian Charter of Rights and Freedoms, this Act is declared to operate notwithstanding sections 2, 7 and 15 of the Canadian Charter of Rights and Freedoms. Human Rights Code (2) This Act applies despite the Human Rights Code. Same, regulations (3) For greater certainty, subsections (1) and (2) apply to regulations made under this Act. Restrictions on jurisdiction
14 (1) The Ontario Labour Relations Board shall not inquire into or make a decision on whether a provision of this Act or of the new central terms, or a regulation made, or any action taken under this Act, is constitutional or is in conflict with the Human Rights Code. Same (2) The Ontario Labour Relations Board shall not inquire into or make a decision on whether any action by the Crown or by any of the Crown’s current or former ministers, agents, appointees or employees under this Act is constitutional or is in conflict with the Human Rights Code. Limit on jurisdiction of arbitrators (3) An arbitrator, mediator-arbitrator, arbitration board or any administrative tribunal shall not inquire into or make a decision on whether a provision of this Act or of the new central terms, or a regulation, order or decision made under this Act is constitutional or is in conflict with the Human Rights Code. Same (4) An arbitrator, mediator-arbitrator, arbitration board or any administrative tribunal shall not inquire into or make a decision on whether any action by the Crown or any of the Crown’s current or former ministers, agents, appointees or employees under this Act is constitutional or is in conflict with the Human Rights Code.
16 The Lieutenant Governor in Council may make regulations for carrying out the purposes and provisions of this Act.
17 (1) 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 this Act. Same (2) In the event of a conflict between this Act and a regulation made under subsection (1), the regulation prevails.