127 (1) The following entities are deemed to be non-construction employers: 1. A municipality. 2. A local board as defined in subsection 1 (1) of the Municipal Act, 2001 or in subsection 3 (1) of the City of Toronto Act, 2006. 3. A local housing corporation as defined in section 24 of the Housing Services Act, 2011. 4.   A corporation established under section 203 of the Municipal Act, 2001 or under section 148 of the
City of Toronto Act, 2006. 5.   A district social services administration board established under the District Social Services Administration Boards Act. 6.   A school board within the meaning of the School Boards Collective Bargaining Act, 2014. 7. A hospital within the meaning of the Public Hospitals Act. 8. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 9. A university in Ontario that receives regular direct operating funding from the Government and the university’s affiliates and federates. 10. A public body within the meaning of the Public Service of Ontario Act, 2006. 2019, c. 4, Sched. 9, s. 14 (1). Effect on bargaining rights and collective agreements (2) Paragraphs 1 and 2 apply with respect to a trade union that represents employees of a non-construction employer referred to in subsection (1) employed, or who may be employed, in the construction industry: 1. On the day this subsection comes into force, the trade union no longer represents those employees of the non-construction employer who are employed in the construction industry. 2. On the day this subsection comes into force, any collective agreement binding the non-construction employer and the trade union ceases to apply with respect to the non-construction employer in so far as the collective agreement applies to the construction industry. 2019, c. 4, Sched. 9, s. 14 (1). Amendment of unit (3) A non-construction employer referred to in subsection (1) or a trade union affected by the application of subsection (2) may apply to the Board to redefine the composition of a bargaining unit affected by the application of subsection (2) if the bargaining unit also includes employees who are not employed in the construction industry. 2019, c. 4, Sched. 9, s. 14 (1). Non-application of ss. 127.1, 127.2 (4) Sections 127.1 and 127.2 do not apply with respect to a non-construction employer referred to in subsection (1). 2019, c. 4, Sched. 9, s. 14 (1). Opt-out election (5) An entity referred to in subsection (1) may elect to opt out of the application of subsections (1) to (4) if, on the day the
Restoring Ontario’s Competitiveness Act, 2019
receives Royal Assent, a trade union represents employees of the entity who are employed, or who may be employed, in the construction industry. 2019, c. 4, Sched. 9, s. 14 (2). Same, required content (6) An election made under subsection (5) must be made by a person or body with authority to bind the entity, must be prepared in writing and must set out the day on which it was made. 2019, c. 4, Sched. 9, s. 14 (2). Same, timing (7) An election made under subsection (5) must be filed with the Minister within three months after the day the Restoring Ontario’s Competitiveness Act, 2019 receives Royal Assent. 2019, c. 4, Sched. 9, s. 14 (2). Election irrevocable (8) Once filed with the Minister, an election made under subsection (5) is irrevocable. 2019, c. 4, Sched. 9, s. 14 (2). Minister may publish (9) The Minister may publish an election made under subsection (5), including by publishing it on a Government of Ontario website. 2019, c. 4, Sched. 9, s. 14 (2). Effect of election (10) If an entity made an election under subsection (5) and filed it with the Minister in accordance with subsection (7), subsections (1) to (4) do not apply in respect of that entity. 2019, c. 4, Sched. 9, s. 14 (2). Application under s. 127.2 permitted (11) For greater certainty, an entity who made an election under subsection (5) and filed it with the Minister in accordance with subsection (7) is not precluded from subsequently making an application under section 127.2. 2019, c. 4, Sched. 9, s. 14 (2). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 24
- 30/12/2000 2019, c. 4, Sched. 9, s. 14 (1) - 04/07/2019; 2019, c. 4, Sched. 9, s. 14 (2) - 03/04/2019