jswizzle3737/ontario_laws_and_regs huggingface dataset:
115 (1) The Minister may refer to the Board any question which in his or her opinion relates to the exercise of his or her powers under this Act and the Board shall report its decision on the question. Same (2) If the Minister refers to the Board a question involving the applicability of section 68 (declaration of successor union) or 69 (sale of a business), the Board has the powers it would have if an interested party had applied to the Board for such a determination and may give such directions as to the conduct of its proceedings as it considers advisable.  1995, c. 1, Sched. A, s. 115.
115.1 (1) This section applies if the Board has commenced a hearing in a proceeding, six months or more have passed since the last day of hearing and a decision, order, direction, declaration or ruling of the Board has not been made.  2000, c. 38, s. 18. Termination of proceeding (2) On the application of a party in the proceeding, the chair may terminate the proceeding.  2000, c. 38, s. 18. Re-institution of proceeding (3) If a proceeding is terminated according to subsection (2), the chair shall re-institute the proceeding upon such terms and conditions as the chair considers appropriate, subject to subsection (4).  2000, c. 38, s. 18. Heard by different Board members (4) Despite subsections 110 (9), (14) and (14.1), the re-instituted proceeding shall be heard by a member or members of the Board, as the case may be, who are different than those who heard the proceeding before its re-institution.  2000, c. 38, s. 18. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 18
- 30/12/2000
116 No decision, order, direction, declaration or ruling of the Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question, review, prohibit or restrain the Board or any of its proceedings.  1995, c. 1, Sched. A, s. 116.
117 Except with the consent of the Board, no member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding or in any proceeding before the Board or in any proceeding before any other tribunal respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act.  1995, c. 1, Sched. A, s. 117.
118 The production in a court of a document purporting to be or to contain a copy of a decision, determination, report, interim order, order, direction, declaration or ruling of the Board, a conciliation board, a mediator, an arbitrator or an arbitration board and purporting to be signed by a member of the Board or its registrar, the chair of the conciliation board, the mediator, the arbitrator or the chair of the arbitration board, as the case may be, is proof, in the absence of evidence to the contrary, of the document without proof of the appointment, authority or signature of the person who signed the document.  1995, c. 1, Sched. A, s. 118.
118.1 If a regulation under the Canada Labour Code incorporates by reference all or part of this Act or a regulation under this Act, the Board and any person having powers under this Act may exercise any powers conferred under the regulation under the
Canada Labour Code.  1998, c. 8, s. 12. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 12 - 29/06/1998 General
119 (1) The records of a trade union relating to membership or any records that may disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union produced in a proceeding before the Board is for the exclusive use of the Board and its officers and shall not, except with the consent of the Board, be disclosed, and no person shall, except with the consent of the Board, be compelled to disclose whether a person is or is not a member of a trade union or does or does not desire to be represented by a trade union.  1995, c. 1, Sched. A, s. 119 (1). Non-disclosure (2) No information or material furnished to or received by a conciliation officer or a mediator, (a) under this Act; or (b) in the course of any endeavour that a conciliation officer may make under the direction of the Minister to effect a collective agreement after the Minister, (i) has released the report of a conciliation board or a mediator, or (ii) has informed the parties that he or she does not consider it advisable to appoint a conciliation board, shall be disclosed except to the Minister, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services.  1995, c. 1, Sched. A, s. 119 (2); 2006, c. 19, Sched. M, s. 3 (1); 2009, c. 33, Sched. 20, s. 2 (2). Same (3) No report of a conciliation officer shall be disclosed except to the Minister, the Deputy Minister of Labour, an Assistant Deputy Minister of Labour or the Director of Dispute Resolution Services.  1995, c. 1, Sched. A, s. 119 (3); 2006, c. 19, Sched. M, s. 3 (2); 2009, c. 33, Sched. 20, s. 2 (3). Same, labour relations officers, etc. (4) Subject to subsection (6), no information or material furnished to or received by a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Services.  1995, c. 1, Sched. A, s. 119 (4); 1998, c. 8, s. 13 (1); 2009, c. 33, Sched. 20, s. 2 (4). Same (5) Subject to subsection (6), no report of a labour relations officer, grievance mediator or other person appointed under this Act to effect the settlement of a dispute or the mediation of a matter shall be disclosed except to the Board or to the Director of Dispute Resolution Services.  1995, c. 1, Sched. A, s. 119 (5); 1998, c. 8, s. 13 (2); 2009, c. 33, Sched. 20, s. 2 (5). Authorization to disclose (6) The Board or the Director of Dispute Resolution Services, as the case may be, may authorize the disclosure of information, material or reports.  1995, c. 1, Sched. A, s. 119 (6); 1998, c. 8, s. 13 (3); 2009, c. 33, Sched. 20, s. 2 (6). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 13 - 29/06/1998 2006, c. 19, Sched. M, s. 3 (1, 2) - 22/06/2006 2009, c. 33, Sched. 20, s. 2 (2-6) - 15/12/2009
120 (1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while being involved in an endeavour to effect a collective agreement: 1. The Minister. 2. A deputy minister in the Ministry of Labour. 3. An assistant deputy minister of Labour. 4. The Director of Dispute Resolution Services. 5. The chair or a member of a conciliation board. 6. Any other person appointed by the Minister under this Act or authorized in writing by the Director of Dispute Resolution Services.  2000, c. 38, s. 19; 2009, c. 33, Sched. 20, s. 2 (7, 8). Same (2) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while acting within the scope of their employment under this Act: 1. The Director of Dispute Resolution Services. 2. A person appointed by the Minister under this Act or under a collective agreement to effect the settlement of a dispute or the mediation of a matter.  1995, c. 1, Sched. A, s. 120 (2); 1998, c. 8, s. 14 (2); 2009, c. 33, Sched. 20, s. 2 (9). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 14 (2) - 29/06/1998 2000, c. 38, s. 19
- 30/12/2000 2009, c. 33, Sched. 20, s. 2 (7-9) - 15/12/2009
121 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. Proof of appointment, etc. (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it.  1995, c. 1, Sched. A, s. 121.
122.1 (1) Any request, application, notification, report or filing that is given or made to the Minister under this Act shall be given or made by, (a) delivering it to the Minister’s office on a day and at a time when it is open; (b) mailing it to the Minister’s office using a method of mail delivery that allows delivery to be verified; (c) sending it to the Minister’s office by fax or email; (d) electronically filing it with the Minister’s office; or (e) sending it to the Minister’s office by any other method that may be prescribed. 2018, c. 14, Sched. 2, s. 17. Deemed receipt (2) A request, application, notification, report or filing that is given or made as described in subsection (1) shall be deemed to be received by the Minister, (a) in the case of clause (1) (a), on the day shown on a receipt or acknowledgment provided by the Minister or his or her representative; (b) in the case of clause (1) (b), on the day shown in the verification; (c) in the case of clause (1) (c), on the day on which the fax or email is sent, subject to subsection (3); (d) in the case of clause (1) (d), on the day on which the electronic filing was made, subject to subsection (3); and (e) in the case of clause (1) (e), on the prescribed day. 2018, c. 14, Sched. 2, s. 17. Same (3) If a fax, email or electronic filing is sent on a day on which the Minister’s office is closed, or after 5 p.m. eastern standard or daylight saving time on any day, it shall be deemed to have been received on the next day on which the Minister’s office is not closed. 2018, c. 14, Sched. 2, s. 17. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 122.1 (3) of the Act is amended by striking out “eastern standard or daylight saving time” and substituting “eastern standard time”. (See: 2020, c. 28, s. 3) Same (4) If the Minister’s power that corresponds to the request, application, notification, report or filing has been delegated, the reference to the Minister in subsections (1) to (3) shall be read as a reference to the Minister’s delegate. 2018, c. 14, Sched. 2, s. 17. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 2, s. 17 - 21/11/2018 2020, c. 28, s. 3
- not in force
123 No proceeding under this Act is invalid by reason of any defect of form or any technical irregularity and no proceeding shall be quashed or set aside if no substantial wrong or miscarriage of justice has occurred.  1995, c. 1, Sched. A, s. 123.
124 The expenses incurred in the administration of this Act shall be paid out of the money that is appropriated by the Legislature for the purpose.  1995, c. 1, Sched. A, s. 124.
124.1 (1) The Minister may issue orders providing for and fixing the remuneration and expenses of chairs of conciliation boards, members of conciliation boards, mediators, special officers appointed under section 38 and members of a Disputes Advisory Committee.  2006, c. 19, Sched. M, s. 3 (3). Same (2) An order of the Minister under subsection (1) shall not provide for or fix any remuneration or expenses of any person referred to in that subsection who is a public servant employed under Part III of the Public Service of Ontario Act, 2006.  2006, c. 35, Sched. C, s. 57 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 3 (3) - 22/06/2006; 2006, c. 35, Sched. C, s. 57 (4) - 20/08/2007
126.1 (1) Sections 126 to 168 set out special rules with respect to the construction industry.  2000, c. 38, s. 23. Same (2) Sections 1 to 125 also apply with respect to the construction industry.  2000, c. 38, s. 23. Resolving conflict (3) If there is a conflict with respect to the application of provisions of this Act with respect to the construction industry, it shall be resolved as follows: 1. A provision in sections 126 to 144 prevails over a provision in sections 7 to 63 and 68 to 125. 2. A provision in sections 146 to 150 prevails over any other provision of this Act. 3. A provision in sections 150.1 to 167 prevails over a provision in sections 7 to 63 and 68 to 144.  2000, c. 38, s. 23. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 23
- 21/12/2000
127.1 (1) This section applies with respect to a non-construction employer if, on the day this section comes into force, a trade union represents employees of the non-construction employer employed, or who may be employed, in the construction industry. Continued application of certain sections (2) Sections 127 to 168 continue to apply, subject to subsection (3), with respect to the non-construction employer and the employees the trade union represents as if the definition of employer in section 126 included the non-construction employer. Exception if declaration (3) If a declaration is made under subsection 127.2 (2) that a trade union no longer represents employees employed, or who may be employed, in the construction industry, subsection (2) of this section ceases to apply with respect to the non-construction employer and those employees.  1998, c. 8, s. 17. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 17 - 24/08/1998
127.2 (1) This section applies with respect to a trade union that represents employees of a non-construction employer employed, or who may be employed, in the construction industry.  1998, c. 8, s. 17. Declaration (2) On the application of a non-construction employer, the Board shall declare that a trade union no longer represents those employees of the non-construction employer employed in the construction industry.  2000, c. 38, s. 25. Collective agreement ceases to apply (3) Upon the Board making a declaration under subsection (2), 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.  1998, c. 8, s. 17. Amendment of unit (4) The Board may re-define the composition of a bargaining unit affected by a declaration under subsection (2) if the bargaining unit also includes employees who are not employed in the construction industry.  1998, c. 8, s. 17. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 17 - 24/08/1998 2000, c. 38, s. 25
- 30/12/2000
127.3 (1) This section applies if a trade union and an employer have entered into a collective agreement. 2014, c. 10, Sched. 3, s. 1. Application for certification (2) Where the collective agreement is for a term of not more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the last two months of its operation. 2014, c. 10, Sched. 3, s. 1. Same (3) Where the collective agreement is for a term of more than three years, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be. 2014, c. 10, Sched. 3, s. 1. Same (4) Where a collective agreement referred to in subsection (2) or (3) provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to renewal, with or without modifications, of the agreement or to the making of a new agreement, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be. 2014, c. 10, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 3, s. 1 - 20/05/2015
128 (1) Where a trade union applies for certification as bargaining agent of the employees of an employer, the Board shall determine the unit of employees that is appropriate for collective bargaining by reference to a geographic area and it shall not confine the unit to a particular project. Determination of number of members in bargaining unit (2) In determining whether a trade union to which subsection (1) applies has met the requirements of subsection 8 (2), the Board need not have regard to any increase in the number of employees in the bargaining unit after the application was made.  1995, c. 1, Sched. A, s. 128. Application for certification without a vote
129 (1) Where notice has been given by a trade union to an employer under section 16 or by a trade union or a council of trade unions or an employer or employers’ organization under section 59, the parties shall meet within five days from the giving of such notice or within such further period as the parties agree upon. Extension of 14-day period for conciliation officer’s report (2) Where the Minister appoints a conciliation officer or a mediator at the request of a trade union, council of trade unions or an employer or employers’ organization to confer with the parties and endeavour to effect a collective agreement binding upon employees of the employer or upon employees of members of the employers’ organization, the period mentioned in subsection 20 (1) may be extended only by agreement of the parties. Appointment of conciliation board (3) Where the Minister has appointed a conciliation officer under subsection (2) and the conciliation officer is unable to effect a collective agreement within the time allowed, the Minister shall, unless the parties inform him or her in writing that they desire him or her to appoint a conciliation board, forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board. When report to be made (4) Where a conciliation board has been appointed under subsection (3), it shall report its findings and recommendations to the Minister within 14 days after its first sitting, but such period may be extended, (a) for a further period not exceeding 30 days by agreement of the parties; or (b) for a further period beyond the period fixed in clause (a) as the parties may agree upon and as the Minister may approve.  1995, c. 1, Sched. A, s. 129.
130  An agreement in writing between an employer or employers’ organization, on the one hand, and a trade union that has been certified as bargaining agent for a unit of employees of the employer, or a trade union or a council of trade unions that is entitled to require the employer or the employers’ organization to bargain with it for the renewal, with or without modifications, of the agreement then in operation or for the making of a new agreement, on the other hand, shall be deemed to be a collective agreement despite the fact that there were no employees in the bargaining unit or units affected at the time the agreement was entered into.  1995, c. 1, Sched. A, s. 130.
131 Each party to a collective agreement between an employer or employers’ organization and a trade union or council of trade unions may, within the period of 90 days before the agreement ceases to operate, give notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of the agreement then in operation or to the making of a new agreement, and the notice has for all purposes the same effect as a notice under section 59.  1995, c. 1, Sched. A, s. 131.
132 (1) If a trade union does not make a collective agreement with the employer within six months after its certification, any of the employees in the bargaining unit determined in the certificate may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 132 (1). Same, agreement (2) Any of the employees in the bargaining unit defined in a first agreement between an employer and a trade union, where the trade union has not been certified as the bargaining agent of the employees of the employer in the bargaining unit, may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit after the 305th day of its operation and before the 365th day of its operation. 2000, c. 38, s. 26; 2014, c. 10, Sched. 3, s. 2 (1). Same, agreement (3) Any of the employees in the bargaining unit defined in a collective agreement other than a first agreement referred to in subsection (2) may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit, (a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last two months of its operation; (b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last two months of its operation, as the case may be; and (c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last two months of each year that it so continues to operate or after the commencement of the last two months of its operation, as the case may be. 2014, c. 10, Sched. 3, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 26
- 30/12/2000 2014, c. 10, Sched. 3, s. 2 (1, 2) - 20/05/2015
134 Where a trade union or council of trade unions has been certified or has been granted voluntary recognition under section 18 as the bargaining agent for a unit of employees of more than one employer in the construction industry or where a trade union or council of trade unions has entered into collective agreements with more than one employer covering a unit of employees in the construction industry, an employers’ organization may apply to the Board to be accredited as the bargaining agent for all employers in a particular sector of the industry and in the geographic area described in the said certificates, voluntary recognition documents or collective agreements, as the case may be.  1995, c. 1, Sched. A, s. 134.
135 (1) Upon an application for accreditation, the Board shall determine the unit of employers that is appropriate for collective bargaining in a particular geographic area and sector, but the Board need not confine the unit to one geographic area or sector but may, if it considers it advisable, combine areas or sectors or both or parts thereof. Same (2) The unit of employers shall comprise all employers as defined in section 126 in the geographic area and sector determined by the Board to be appropriate.  1995, c. 1, Sched. A, s. 135.
136 (1) Upon an application for accreditation, the Board shall ascertain, (a) the number of employers in the unit of employers on the date of the making of the application who have within one year prior to such date had employees in their employ for whom the trade union or council of trade unions has bargaining rights in the geographic area and sector determined by the Board to be appropriate; (b) the number of employers in clause (a) represented by the employers’ organization on the date of the making of the application; and (c) the number of employees of employers in clause (a) on the payroll of each such employer for the weekly payroll period immediately preceding the date of the application or if, in the opinion of the Board, the payroll period is unsatisfactory for any one or more of the employers in clause (a), such other weekly payroll period for any one or more of the said employers as the Board considers advisable. Accreditation (2) If the Board is satisfied, (a) that a majority of the employers in clause (1) (a) is represented by the employers’ organization; and (b) that such majority of employers employed a majority of the employees in clause (1) (c), the Board, subject to subsection (3), shall accredit the employers’ organization as the bargaining agent of the employers in the unit of employers and for the other employers for whose employees the trade union or council of trade unions may, after the date of the making of the application, obtain bargaining rights through certification or voluntary recognition in the appropriate geographic area and sector. Authority of employers’ organization (3) Before accrediting an employers’ organization under subsection (2), the Board shall satisfy itself that the employers’ organization is a properly constituted organization and that each of the employers whom it represents has vested appropriate authority in the organization to enable it to discharge the responsibilities of an accredited bargaining agent. Same (4) Where the Board is of the opinion that appropriate authority has not been vested in the employers’ organization, the Board may postpone disposition of the application to enable employers represented by the organization to vest the additional or other authority in the organization that the Board considers necessary. What employers’ organization not to be accredited (5) The Board shall not accredit any employers’ organization if any trade union or council of trade unions has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against any person because of any ground of discrimination prohibited by the Human Rights Code, or the Canadian Charter of Rights and Freedoms.  1995, c. 1, Sched. A, s. 136.
137 (1) Upon accreditation, all rights, duties and obligations under this Act of employers for whom the accredited employers’ organization is or becomes the bargaining agent apply with necessary modifications to the accredited employers’ organization.  1995, c. 1, Sched. A, s. 137 (1). Effect of accreditation on collective agreements (2) Upon accreditation, any collective agreement in operation between the trade union or council of trade unions and any employer in clause 136 (1) (a) is binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision therein respecting its renewal.  1995, c. 1, Sched. A, s. 137 (2). Same (3) When any collective agreement mentioned in subsection (2) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by the said parties.  1995, c. 1, Sched. A, s. 137 (3). Same (4) Where, after the date of the making of an application for accreditation, the trade union or council of trade unions obtains bargaining rights for the employees of an employer through certification or voluntary recognition, that employer is bound by any collective agreement in existence at the time of the certification or voluntary recognition between the trade union or council of trade unions and the applicant employers’ organization or subsequently entered into by the said parties.  1995, c. 1, Sched. A, s. 137 (4). Same (5) A collective agreement between a trade union or council of trade unions and an employer who, but for the one-year requirement, would have been included in clause 136 (1) (a) is binding on the parties thereto only for the remainder of the term of operation of the agreement regardless of any provisions therein respecting its renewal.  1995, c. 1, Sched. A, s. 137 (5). Same (6) Where any collective agreement mentioned in subsection (5) ceases to operate, the employer shall thereupon be bound by any collective agreement then in existence between the trade union or council of trade unions and the accredited employers’ organization or subsequently entered into by the said parties.  1995, c. 1, Sched. A, s. 137 (6). Application of s. 58 (1) (7) Where, under this section, an employer becomes bound by a collective agreement between a trade union or council of trade unions and an accredited employers’ organization after the said agreement has commenced to operate, the agreement ceases to be binding on the employer in accordance with the terms thereof.  1995, c. 1, Sched. A, s. 137 (7); 2000, c. 38, s. 27. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 27
- 30/12/2000
138 (1) Subsections 57 (1) and (2) do not apply to an accredited employers’ organization. Binding effect of collective agreement on employer (2) A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is, subject to and for the purposes of this Act, binding upon the accredited employers’ organization and the trade union or council of trade unions, as the case may be, and upon each employer in the unit of employers represented by the accredited employers’ organization at the time the agreement was entered into and upon the other employers that may subsequently be bound by the said agreement, as if it was made between each of the employers and the trade union or council of trade unions and, if any such employer ceases to be represented by the accredited employers’ organization during the term of operation of the agreement, the employer shall, for the remainder of the term of operation of the agreement, be deemed to be a party to a like agreement with the trade union or council of trade unions. Binding effect of collective agreement on employees (3) A collective agreement between an accredited employers’ organization and a trade union or council of trade unions is binding on the employees in the bargaining unit defined in the agreement of any employer bound by the collective agreement.  1995, c. 1, Sched. A, s. 138.
140 (1) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers’ organization and no such employer or person acting on behalf of such employer, trade union or council of trade unions shall, so long as the accredited employers’ organization continues to be entitled to represent the employers in a unit of employers, bargain with each other with respect to such employees or enter into a collective agreement designed or intended to be binding upon such employees and if any such agreement is entered into it is void. Agreements to provide employees during lawful strike or lock-out prohibited (2) No trade union or council of trade unions that has bargaining rights for employees of employers represented by an accredited employers’ organization and no such employer or person acting on behalf of the employer, trade union or council of trade unions shall, so long as the accredited employers’ organization continues to be entitled to represent the employers in a unit of employers, enter into any agreement or understanding, oral or written, that provides for the supply of employees during a legal strike or lock-out, and if any such agreement or understanding is entered into it is void and no such trade union or council of trade unions or person shall supply such employees to the employer. Saving (3) Nothing in this Act prohibits an employer, represented by an accredited employers’ organization, from continuing or attempting to continue the employer’s operations during a strike or lock-out involving employees of employers represented by the accredited employers’ organization.  1995, c. 1, Sched. A, s. 140.
141 An accredited employers’ organization, so long as it continues to be entitled to represent employers in a unit of employers, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the unit, whether members of the accredited employers’ organization or not.  1995, c. 1, Sched. A, s. 141.
142 Membership in an accredited employers’ organization shall not be denied or terminated except for cause which, in the opinion of the Board, is fair and reasonable.  1995, c. 1, Sched. A, s. 142.
143 An accredited employers’ organization shall not charge, levy or prescribe initiation fees, dues or assessments that, in the opinion of the Board, are unreasonable or discriminatory.  1995, c. 1, Sched. A, s. 143. Direction by Board re unlawful activities
145 (1) In sections 146 to 150, “constitution” means an organizational document governing the establishment or operation of a trade union and includes a charter and by-laws and rules made under a constitution; (“acte constitutif”) “jurisdiction” includes geographic, sectoral and work jurisdiction; (“juridiction”) “local trade union” means, in relation to a parent trade union, a trade union in Ontario that is affiliated with or subordinate or directly related to the parent trade union and includes a council of trade unions; (“syndicat local”) “parent trade union” means a provincial, national or international trade union which has at least one affiliated local trade union in Ontario that is subordinate or directly related to it. (“syndicat parent”)  1995, c. 1, Sched. A, s. 145 (1). (2) Repealed:  2000, c. 38, s. 29. Same, trade union constitution (3) In the event of a conflict between any provision in sections 146 to 150 and any provision in the constitution of a trade union, the provisions in sections 146 to 150 prevail.  1995, c. 1, Sched. A, s. 145 (3). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 29
- 30/12/2000
146 (1) This section applies with respect to employees in a bargaining unit in the construction industry other than in the industrial, commercial and institutional sector referred to in the definition of “sector” in section 126. Bargaining rights (2) If a parent trade union is the bargaining agent for employees described in subsection (1), each of its local trade unions is deemed to be bargaining agent, together with the parent trade union, for employees in the bargaining unit within the jurisdiction of the local trade union. Party to the collective agreement (3) If a parent trade union is a party to a collective agreement that applies to employees described in subsection (1), the local trade union is deemed to be a party, together with the parent trade union, to the collective agreement with respect to the jurisdiction of the local trade union. Council (4) The Minister may, upon such conditions as the Minister considers appropriate, require a parent trade union and its local trade unions to form a council of trade unions for the purpose of conducting bargaining and concluding a collective agreement, (a) if an affected local trade union, parent trade union or employer requests the Minister to do so; and (b) if the Minister considers that doing so is necessary to resolve a disagreement between a parent trade union and a local trade union concerning conducting bargaining or concluding a collective agreement. Rules of operation, etc. (5) The Minister may make rules governing the formation or operation of the council of trade unions, including the ratification of collective agreements, if the parent trade union and the local trade unions do not make their own rules within 60 days after the Minister’s decision under subsection (4). Compliance (6) The parent trade union and the local trade unions shall comply with rules made by the Minister.  1995, c. 1, Sched. A, s. 146.
147 (1) A parent trade union shall not, without just cause, alter the jurisdiction of a local trade union as the jurisdiction existed on May 1, 1992, whether it was established under a constitution or otherwise. Notice (2) The parent trade union shall give the local trade union written notice of an alteration at least 15 days before it comes into effect. Determination of just cause (3) On an application relating to this section, the Board shall consider the following when deciding whether there is just cause for an alteration: 1. The trade union constitution. 2. The ability of the local trade union to carry out its duties under this Act. 3. The wishes of the members of the local trade union. 4. Whether the alteration would facilitate viable and stable collective bargaining without causing serious labour relations problems. Same (4) The Board is not bound by the trade union constitution when deciding whether there is just cause for an alteration. Complaint (5) If a local trade union makes a complaint to the Board concerning the alteration of its jurisdiction by a parent trade union, the alteration shall be deemed not to have been effective until the Board disposes of the matter.  1995, c. 1, Sched. A, s. 147.
148 (1) This section applies if, on May 1, 1992, (a) a parent trade union was party to a collective agreement whose geographic scope included the province and which applied to employees described in subsection 146 (1); or (b) a parent trade union had given notice to bargain for the renewal of such a collective agreement. Sections 146 and 147 (2) Sections 146 and 147 do not operate to authorize a local trade union to enter into a separate collective agreement or a separate renewal collective agreement or to alter the geographic scope of the collective agreement.  1995, c. 1, Sched. A, s. 148. 149 Repealed: 2018, c. 8, Sched. 14, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 14, s. 5 - 08/05/2018
150 (1) If benefits are provided under an employment benefit plan primarily to members of one local trade union or to their dependants or beneficiaries, the local trade union is entitled to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers. Same, more than one local trade union (2) If benefits are provided under such a plan primarily to members of more than one local trade union or to their dependants or beneficiaries, those local trade unions are entitled together to appoint at least a majority of the trustees who administer the plan, excluding the trustees who are appointed by employers. Same, members outside Ontario (3) If, in the circumstances described in subsection (2), benefits are provided to members outside of Ontario or to their dependants or beneficiaries, the local trade unions are entitled together to appoint that proportion of the trustees (excluding trustees appointed by employers) that corresponds to the proportion that the members in Ontario of the local trade unions bear to the total number of members participating in the plan. Effect of agreement (4) Subsections (1), (2) and (3) apply despite any provision to the contrary in any agreement or other document. Appointment process (5) Unless otherwise agreed by the interested local trade unions, the appointment of trustees under subsection (2) or (3) shall be determined by a majority vote of those local trade unions voting, with each local trade union being entitled to cast a single ballot. Definition (6) In this section, “employment benefit plan” means a plan that provides any type of benefit to an individual or his or her dependants or beneficiaries because of the individual’s employment or his or her membership in a trade union and includes a pension plan or another arrangement whereby money is contributed by or on behalf of the individual for retirement purposes.  1995, c. 1, Sched. A, s. 150. Residential Sector of the Construction Industry Interpretation
150.1 (1) Sections 150.2, 150.3 and 150.4 apply only with respect to the geographic areas of jurisdiction of the following municipalities: 1. The City of Toronto. 2. The Regional Municipality of Halton. 3. The Regional Municipality of Peel. 4. The Regional Municipality of York. 5. The Regional Municipality of Durham. 6. The Corporation of the County of Simcoe.  2005, c. 15, s. 9. Definition (2) In sections 150.2, 150.3 and 150.4, “residential work” means work performed in the residential sector of the construction industry.  2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 2000, c. 24, s. 9
- 16/12/2000 2002, c. 18, Sched. J, s. 4 (4) - 26/11/2002 2005, c. 15, s. 9
- 01/05/2005 Deemed expiry of collective agreements
150.2 (1) A collective agreement between an employer or employers’ organization and a trade union or council of trade unions that applies with respect to residential work shall be deemed to expire with respect to residential work on April 30, 2007 if, (a) it is in effect on May 1, 2005, or it comes into effect after May 1, 2005 but before April 30, 2007; and (b) it is to expire on a date other than April 30, 2007.  2005, c. 15, s. 9. First contracts in existence on or after April 30, 2007 (2) A first collective agreement that applies with respect to residential work and comes into effect on or after April 30, 2007 shall be deemed to expire with respect to residential work on the next April 30, calculated triennially from April 30, 2007.  2005, c. 15, s. 9. Renewal and replacement agreements (3) Every collective agreement that is a renewal or replacement of a collective agreement to which subsection (1) or (2) applies, or of a collective agreement to which this subsection applies, shall be deemed to expire with respect to residential work on the next April 30, calculated triennially from April 30, 2010.  2005, c. 15, s. 9. No extension permitted (4) The parties to a collective agreement described in subsection (1), (2) or (3) may not agree to continue the operation of that agreement with respect to residential work beyond the relevant expiry date and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.  2005, c. 15, s. 9. Notice of desire to bargain (5) A notice of desire to bargain for the renewal or replacement of a collective agreement to which subsection (1), (2) or (3) applies may be given on or after January 1 in the year of expiry.  2005, c. 15, s. 9. Application of subss. (1) to (3) (6) Subsections (1), (2) and (3) apply even if the collective agreement would have a term of less than one year as a result.  2005, c. 15, s. 9. Collective agreements not affected re other work (7) Nothing in this section shall be interpreted to affect the validity of a collective agreement to which this section applies with respect to work other than residential work performed in the geographic areas described in subsection 150.1 (1).  2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 1995, c. 1, Sched. A, s. 150.2 (18) - 30/04/2005 2000, c. 24, s. 9
- 16/12/2000 2002, c. 18, Sched. J, s. 4 (4) - 26/11/2002 2005, c. 15, s. 9
- 01/05/2005 150.2.1 Repealed:
2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 4 (4) - 26/11/2002 2005, c. 15, s. 9
- 01/05/2005 Prohibition, strikes and lockouts
150.3 (1) No individual represented by a trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall commence or continue a strike after June 15 of that year with respect to residential work.  2005, c. 15, s. 9. Calling strike (2) No trade union or council of trade unions that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall call or authorize a strike or the continuation of a strike after June 15 of that year with respect to residential work.  2005, c. 15, s. 9. Lock-out (3) No employer or employers’ organization that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall commence or continue a lock-out after June 15 of that year with respect to residential work.  2005, c. 15, s. 9. Calling lock-out (4) No employer or employers’ organization that is seeking to renew or replace a collective agreement that expires on April 30 in a given year according to section 150.2 shall call or authorize a lock-out or the continuation of a lock-out after June 15 of that year with respect to residential work.  2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 2000, c. 24, s. 3
- 16/12/2000 2005, c. 15, s. 9
- 01/05/2005
150.5 (1) The Director of Dispute Resolution Services may, at his or her discretion, convene meetings of representatives of employers or employers’ organizations and of trade unions or councils of trade unions to discuss matters of interest relating to collective bargaining and labour relations in the residential sector of the construction industry.  2005, c. 15, s. 9; 2009, c. 33, Sched. 20, s. 2 (10). Same (2) In deciding when and whether to convene a meeting under subsection (1), the Director may consider whether a meeting is necessary or would be beneficial and may consider a request made by a representative.  2005, c. 15, s. 9. Selection (3) The representatives invited to attend a meeting convened under subsection (1) shall be selected by the Director of Dispute Resolution Services in his or her sole discretion.  2005, c. 15, s. 9; 2009, c. 33, Sched. 20, s. 2 (11). Section Amendments with date in force (d/m/y) 2005, c. 15, s. 9
- 01/05/2005 2009, c. 33, Sched. 20, s. 2 (10, 11) - 15/12/2009
150.6 (1) Former subsections 150.2 (1) to (17), as enacted by the Statutes of Ontario, 2002, chapter 18, Schedule J, section 4, continue to apply, despite their repeal by former subsection 150.2 (18) on April 30, 2005, for the purposes of any arbitration proceedings commenced under that former section 150.2 that are not completed on May 1, 2005.  2005, c. 15, s. 9. Same (2) Former subsections 150.2 (1) to (17), as enacted by the Statutes of Ontario, 2000, chapter 24, section 3, continue to apply, despite their repeal on April 30, 2002, for the purposes of any arbitration proceedings commenced under that former section 150.2 that were not completed before April 30, 2002.  2005, c. 15, s. 9. Section Amendments with date in force (d/m/y) 2005, c. 15, s. 9
- 01/05/2005 Special Rules Transition
150.7 (1) Any certificate issued by the Board pursuant to an application for certification made under this section that was made on or after May 2, 2019 is deemed to have not been issued. 2019, c. 9, Sched. 8, s. 2 (1). Voluntary recognition agreements (2) Any voluntary recognition agreement entered into under this section on or after May 2, 2019 is deemed to have not been made. 2019, c. 9, Sched. 8, s. 2 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 150.7 of the Act is repealed. (See: 2019, c. 9, Sched. 8, s. 2 (2)) Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 14, s. 6 - 08/05/2018 2019, c. 9, Sched. 8, s. 2 (1) - 06/06/2019; 2019, c. 9, Sched. 8, s. 2 (2) - not in force Province-Wide Bargaining