jswizzle3737/ontario_laws_and_regs huggingface dataset:
153 (1) The Minister may, upon such terms and conditions as the Minister considers appropriate, (a) designate employee bargaining agencies to represent in bargaining provincial units of affiliated bargaining agents, and describe those provincial units; (b) despite an accreditation of an employers’ organization as the bargaining agent of employers, designate employer bargaining agencies to represent in bargaining provincial units of employers for whose employees affiliated bargaining agents hold bargaining rights, and describe those provincial units.  1995, c. 1, Sched. A, s. 153 (1). Exclusion of certain bargaining relationships (2) Where affiliated bargaining agents that are subordinate or directly related to the different provincial, national or international trade unions bargain as a council of trade unions with a single employer bargaining agency for a province-wide collective agreement, the Minister may exclude such bargaining relationships from the designations made under subsection (1), and subsection 162 (2) shall not apply to such exclusion.  1995, c. 1, Sched. A, s. 153 (2). (3)-(3.4) Repealed: 2019, c. 9, Sched. 8, s. 3. Reference of question (4) The Minister may refer to the Board any question that arises concerning a designation, or any terms or conditions therein, and the Board shall report to the Minister its decision on the question.  1995, c. 1, Sched. A, s. 153 (4). Minister may alter, etc., designation (5) Subject to sections 154 and 155, the Minister may alter, revoke or amend any designation from time to time and may make another designation.  1995, c. 1, Sched. A, s. 153 (5). Non-application (6) Part III (Regulations) of the Legislation Act, 2006 does not apply to a designation made under subsection (1).  1995, c. 1, Sched. A, s. 153 (6); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2018, c. 8, Sched. 14, s. 7 - 08/05/2018 2019, c. 9, Sched. 8, s. 3 - 06/06/2019
154 (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employee bargaining agency, whether designated or not, may apply to the Board to be certified to represent in bargaining a provincial unit of affiliated bargaining agents. Certification by Board (2) Where the Board is satisfied that a majority of the affiliated bargaining agents falling within the provincial unit is represented by the employee bargaining agency and that the majority of affiliated bargaining agents holds bargaining rights for a majority of employees that would be bound by a provincial agreement, the Board shall certify the employee bargaining agency.  1995, c. 1, Sched. A, s. 154.
155 (1) During the period between the 120th and the 180th days prior to the termination of a provincial agreement, an employer bargaining agency, whether designated or not, may apply to the Board to be accredited to represent in bargaining a provincial unit of employers for whose employees affiliated bargaining agents hold bargaining rights. Accreditation by Board (2) Where the Board is satisfied that a majority of employers falling within the provincial unit is represented by the employer bargaining agency and that the majority of employers employ a majority of the employees for whom the affiliated bargaining agents hold bargaining rights, the Board shall accredit the employer bargaining agency.  1995, c. 1, Sched. A, s. 155.
156 Where an employee bargaining agency has been designated under section 153 or certified under section 154 to represent a provincial unit of affiliated bargaining agents, all rights, duties and obligations under this Act of the affiliated bargaining agents for which it bargains shall vest in the employee bargaining agency, but only for the purpose of conducting bargaining and, subject to the ratification procedures of the employee bargaining agency, concluding a provincial agreement.  1995, c. 1, Sched. A, s. 156.
157 Where an employer bargaining agency has been designated under section 153 or accredited under section 155 to represent a provincial unit of employers, (a) all rights, duties and obligations under this Act of employers for which it bargains shall vest in the employer bargaining agency, but only for the purpose of conducting bargaining and concluding a provincial agreement; and (b) an accreditation heretofore made under section 136 of an employers’ organization as bargaining agent of the employers in the industrial, commercial and institutional sector of the construction industry, referred to in the definition of “sector” in section 126, represented or to be represented by the employer bargaining agency is null and void from the time of such designation under section 153 or accreditation under section 155.  1995, c. 1, Sched. A, s. 157.
158 (1) An application for certification as bargaining agent which relates to the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126 shall be brought by either, (a) an employee bargaining agency; or (b) one or more affiliated bargaining agents of the employee bargaining agency, on behalf of all affiliated bargaining agents of the employee bargaining agency and the unit of employees shall include all employees who would be bound by a provincial agreement together with all other employees in at least one appropriate geographic area unless bargaining rights for such geographic area have already been acquired under subsection (2) or by voluntary recognition. Saving (2) Despite subsection 128 (1), a trade union represented by an employee bargaining agency may bring an application for certification in relation to a unit of employees employed in all sectors of a geographic area other than the industrial, commercial and institutional sector and the unit shall be deemed to be a unit of employees appropriate for collective bargaining. Voluntary recognition agreements (3) A voluntary recognition agreement in so far as it relates to the industrial, commercial and institutional sector of the construction industry shall be between an employer on the one hand and either, (a) an employee bargaining agency; (b) one or more affiliated bargaining agents represented by an employee bargaining agency; or (c) a council of trade unions on behalf of one or more affiliated bargaining agents affiliated with the council of trade unions, on the other hand, and shall be deemed to be on behalf of all the affiliated bargaining agents of the employee bargaining agency and the defined bargaining unit in the agreement shall include those employees who would be bound by a provincial agreement. Exception (4) Despite subsections (1) and (3), a trade union that is not represented by a designated or certified employee bargaining agency may bring an application for certification or enter into a voluntary recognition agreement on its own behalf.  1995, c. 1, Sched. A, s. 158.
159 (1) The Board shall determine the voting constituency to be used for a representation vote.  1995, c. 1, Sched. A, s. 159 (1). Direction for representation vote (2) If the Board determines that 40 per cent or more of the individuals in the bargaining unit proposed in the application for certification appear to be members of the trade unions at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency.  1995, c. 1, Sched. A, s. 159 (2). Election under s. 128.1 (3) This section does not apply when an application for certification is being dealt with under section 128.1.  2005, c. 15, s. 11. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 32
- 30/12/2000 2005, c. 15, s. 11
- 13/06/2005
160 (1) Subject to section 11.1, the Board shall certify the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade unions. The Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.  1995, c. 1, Sched. A, s. 160 (1); 2005, c. 15, s. 12 (1). Remedial certification (2) If the Board certifies the trade unions on whose behalf an application for certification is brought as the bargaining agent of the employees in the bargaining unit under clause 11 (2) (c), the Board shall issue one certificate that is confined to the industrial, commercial and institutional sector and another certificate in relation to all other sectors in the appropriate geographic area or areas.  2005, c. 15, s. 12 (2); 2017, c. 22, Sched. 2, s. 14; 2018, c. 14, Sched. 2, s. 19. Bar to reapplying (3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by the employee bargaining agency or the affiliated bargaining agent or agents to certify the trade unions as bargaining agent for the employees in the bargaining unit until one year has elapsed after the dismissal.  1995, c. 1, Sched. A, s. 160 (3). Election under s. 128.1 (4) This section does not apply when an application for certification is being dealt with under section 128.1.  2005, c. 15, s. 12 (3). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 33
- 30/12/2000 2005, c. 15, s. 12 (1-3)
- 13/06/2005 2017, c. 22, Sched. 2, s. 14 - 01/01/2018 2018, c. 14, Sched. 2, s. 19 - 21/11/2018 160.1 Repealed: 2015, c. 38, Sched. 12, s. 3. Section Amendments with date in force (d/m/y) 2000, c. 24, s. 5 (1, 2)
- 16/12/2000 2015, c. 38, Sched. 12, s. 1 - 10/12/2015; 2015, c. 38, Sched. 12, s. 3 - 10/12/2016
161 (1) Subject to subsection (2), any collective agreement in operation on October 27, 1977 in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126 and represented by affiliated bargaining agents is enforceable by and binding on the parties thereto only for the remainder of the term of operation of the agreement, regardless of any provision respecting its renewal.  1995, c. 1, Sched. A, s. 161 (1). Same (2) Every collective agreement in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126 and represented by affiliated bargaining agents entered into after January 1, 1977 and before April 30, 1978 shall be deemed to expire not later than April 30, 1978, regardless of any provision respecting its term of operation or its renewal.  1995, c. 1, Sched. A, s. 161 (2); 2000, c. 38, s. 34 (1). Provincial agreement binding (3) Where any collective agreement mentioned in subsection (1) ceases to operate, the affiliated bargaining agent, the employer and the employees for whom the affiliated bargaining agent holds bargaining rights shall be bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and the employer bargaining agency representing the employer.  1995, c. 1, Sched. A, s. 161 (3). Same (4) After April 30, 1978, where an affiliated bargaining agent obtains bargaining rights through certification or voluntary recognition in respect of employees employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126, the employer, the affiliated bargaining agent, and the employees for whom the affiliated bargaining agent has obtained bargaining rights are bound by the provincial agreement made between an employee bargaining agency representing the affiliated bargaining agent and an employer bargaining agency representing a provincial unit of employers in which the employer would have been included.  1995, c. 1, Sched. A, s. 161 (4). When provincial agreement ceases to operate (5) Where, under the provisions of this section, an employer, affiliated bargaining agent or employees become bound by a provincial agreement after the agreement has commenced to operate, the agreement ceases to be binding on the employer, affiliated bargaining agent or employees in accordance with the terms thereof.  1995, c. 1, Sched. A, s. 161 (5); 2000, c. 38, s. 34 (2). Section Amendments with date in force (d/m/y) 2000, c. 38, s. 34 (1, 2) - 30/12/2000
162 (1) An employee bargaining agency and an employer bargaining agency shall make only one provincial agreement for each provincial unit that it represents.  1995, c. 1, Sched. A, s. 162 (1). No agreement other than provincial agreement (2) Subject to sections 153, 160.1, 161, 163.1, 163.2 and 163.3, no person, employee, trade union, council of trade unions, affiliated bargaining agent, employee bargaining agency, employer, employers’ organization, group of employers’ organizations or employer bargaining agency shall bargain for, attempt to bargain for, or conclude any collective agreement or other arrangement affecting employees represented by affiliated bargaining agents other than a provincial agreement as contemplated by subsection (1), and any collective agreement or other arrangement that does not comply with subsection (1) is null and void.  1995, c. 1, Sched. A, s. 162 (2); 1998, c. 8, s. 20; 2000, c. 24, s. 6; 2009, c. 33, Sched. 20, s. 2 (12); 2015, c. 38, Sched. 12, s. 2; 2018, c. 8, Sched. 14, s. 8; 2019, c. 9, Sched. 8, s. 4. Expiry of provincial agreement (3) Every provincial agreement shall provide for the expiry of the agreement on April 30 calculated triennially from April 30, 1992.  1995, c. 1, Sched. A, s. 162 (3). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 20 - 29/06/1998 2000, c. 24, s. 6
- 16/12/2000 2009, c. 33, Sched. 20, s. 2 (12) - 15/12/2009 2015, c. 38, Sched. 12, s. 2 - 10/12/2015 2018, c. 8, Sched. 14, s. 8 - 08/05/2018 2019, c. 9, Sched. 8, s. 4 - 06/06/2019 Provincial agreements
163 (1) Section 57 does not apply to a designated or accredited employer bargaining agency or a designated or certified employee bargaining agency. Provincial agreement binding (2) A provincial agreement is, subject to and for the purposes of this Act, binding upon the employer bargaining agency, the employers represented by the employer bargaining agency, the employee bargaining agency, the affiliated bargaining agents represented by the employee bargaining agency, the employees represented by the affiliated bargaining agents and employed in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126, and upon such employers, affiliated bargaining agents and employees as may be subsequently bound by the said agreement. Parties (3) Any employee bargaining agency, affiliated bargaining agent, employer bargaining agency and employer bound by a provincial agreement shall be considered to be a party for the purposes of section 133.  1995, c. 1, Sched. A, s. 163.
163.4 (1) For the purposes of sections 163.2 and 163.3, service may be effected, (a) in the case of service on an organization, by personal service on an officer of the organization or by facsimile transmission to the organization; (b) in the case of service on an individual, by personal service or by facsimile transmission.  2000, c. 24, s. 7. Amendment deemed under s. 58 (5) (2) An amendment to a provincial agreement made in accordance with section 163.2 or 163.3 shall be deemed to be a revision by mutual consent of the parties within the meaning of subsection 58 (5).  2000, c. 24, s. 7. Where conflict (3) If there is a conflict between an amendment to a provincial agreement made in accordance with section 163.2 or 163.3 and provisions that are deemed to be included in the provincial agreement under subsection 163.5 (1), the amendment to the provincial agreement prevails.  2000, c. 24, s. 7. Section Amendments with date in force (d/m/y) 2000, c. 24, s. 7
- 16/12/2000
164 (1) Where an employee bargaining agency desires to call or authorize a lawful strike, all of the affiliated bargaining agents it represents shall call or authorize the strike in respect of all the employees represented by all affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126, and no affiliated bargaining agent shall call or authorize a strike of the employees except in accordance with this subsection. Calling of lock-outs (2) Where an employer bargaining agency desires to call or authorize a lawful lock-out, all employers it represents shall call or authorize the lock-out in respect of all employees employed by such employers and represented by all the affiliated bargaining agents affected thereby in the industrial, commercial and institutional sector of the construction industry referred to in the definition of “sector” in section 126 and no employer shall lock out the employees except in accordance with this subsection.  1995, c. 1, Sched. A, s. 164.
166 (1) A trade union, council of trade unions, or an employer or employers’ organization may apply to the Board for a determination of any question that arises as to what sector of the construction industry work performed or to be performed by employees is in.  2000, c. 38, s. 38. Withdraw application (2) The applicant may withdraw an application under subsection (1) upon such conditions as the Board may determine.  2000, c. 38, s. 38. Board to inquire (3) The Board may inquire into an application made under this section.  2000, c. 38, s. 38. No hearing (4) The Board is not required to hold a hearing to make any determination under this section.  2000, c. 38, s. 38. Meeting of representatives (5) Representatives of the trade union or council of trade unions and of the employer or employers’ organization or their substitutes shall promptly meet and attempt to settle the matters raised in the application and shall report the outcome to the Board.  2000, c. 38, s. 38. Interim or final order (6) The Board may make any interim or final order it considers appropriate after consulting with the parties.  2000, c. 38, s. 38. Cease and desist order (7) In an interim order or after making an interim order, the Board may order any person, trade union, council of trade unions or employers’ organization to cease and desist from doing anything intended or likely to interfere with the terms of an interim order.  2000, c. 38, s. 38. Filing in court (8) A party to an interim or final order may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as such.  2000, c. 38, s. 38. When enforceable (9) An order that has been filed with the court is enforceable by a person, trade union, council of trade unions or employers’ organization affected by it on or after the day after the date fixed in the order for compliance.  2000, c. 38, s. 38. Compliance (10) A person, trade union, council of trade unions or employers’ organization affected by an interim order made by the Board under this section shall comply with it despite any provision of this Act.  2000, c. 38, s. 38. Effect of compliance (11) A person, trade union, council of trade unions or employers’ organization that is complying with an interim order made by the Board under this section shall be deemed not to have violated any provision of this Act or of any collective agreement by doing so.  2000, c. 38, s. 38. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 38
- 30/12/2000
167 (1) A designated or certified employee bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of the affiliated bargaining agents in the provincial unit of affiliated bargaining agents for which it bargains, whether members of the designated or certified employee bargaining agency or not and in the representation of employees, whether members of an affiliated bargaining agent or not. Same (2) A designated or accredited employer bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employers in the provincial unit of employers for which it bargains, whether members of the designated or accredited employer bargaining agency or not.  1995, c. 1, Sched. A, s. 167.
168 (1) This section applies with respect to a corporation established under a regulation under this section or under a predecessor to this section. Objects (2) The objects of the corporation are to facilitate collective bargaining in, and otherwise assist, the industrial, commercial and institutional sector of the construction industry including, (a) collecting, analyzing and disseminating information concerning collective bargaining and economic conditions in the industrial, commercial and institutional sector of the construction industry; (b) holding conferences involving representatives of the employer bargaining agencies and the employee bargaining agencies; and (c) carrying out such additional objects as are prescribed. Not agency of Crown (3) The corporation is not an agency of the Crown. Members of corporation (4) The members of the corporation shall be appointed in the prescribed manner and shall consist of equal numbers of representatives of labour, management and the Government of Ontario. Board of directors (5) The board of directors of the corporation shall be composed of all the members of the corporation. Funding of corporation (6) The employer bargaining agencies and the employee bargaining agencies shall make payments to the corporation in accordance with the regulations. If non-payment (7) The corporation may make a complaint to the Board alleging a contravention of subsection (6) and section 96 applies with respect to such a complaint. Regulations (8) The Lieutenant Governor in Council may make regulations, (a) establishing a corporation without share capital; (b) governing the corporation including, (i) providing for its dissolution, (ii) governing the appointment of members, and (iii) prescribing additional objects; (c) governing the payments to be made to the corporation by the employer bargaining agencies and the employee bargaining agencies including prescribing methods for determining the payments. Same (9) A regulation made under subclause (8) (b) (ii) may provide for the selection, by persons or organizations, of persons to be appointed as members.  1995, c. 1, Sched. A, s. 168. Ontario Power Generation Industry
169 In this section and sections 170 to 189, “bargaining agent” means the Power Workers’ Union (PWU), Canadian Union of Public Employees, Local 1000 - CLC; (“agent négociateur”) “employees” means the employees of the employer who are represented by the bargaining agent and included in the power workers bargaining unit; (“employés”) “employer” means Ontario Power Generation Inc.; (“employeur”) “new collective agreement”, when used with respect to the power workers bargaining unit, means a collective agreement that, (a) applies to the employees in the unit, and (b) is executed on or after the day the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent or comes into force under subsection 189 (5); (“nouvelle convention collective”) “parties”, when used in relation to a dispute, a dispute resolution proceeding dealing with the dispute or a new collective agreement, means the employer and the bargaining agent; (“parties”) “power workers bargaining unit” means all regular, part-time and temporary employees, including technicians of the construction field forces and security employees but excluding, (a) employees represented by other bargaining agents, (b) persons above the rank of working supervisor, (c) persons who exercise managerial functions in accordance with this Act, and (d) persons employed in a confidential capacity in matters relating to labour relations in accordance with this Act, as set out in Article 1.1 in the collective agreement between the employer and the bargaining agent effective from April 1, 2015 to March 31, 2018. (“unité de négociation des travailleurs du secteur énergétique”) 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 169 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
170 (1) Sections 169 to 189 apply to the employer, the bargaining agent and the employees if the employer and the bargaining agent have not executed a collective agreement after March 31, 2018 and before the day the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018
receives Royal Assent with respect to the power workers bargaining unit. 2018, c. 18, s. 1. Same, for greater certainty (2) For greater certainty, sections 169 to 189 apply in accordance with subsection (1) even if the parties were otherwise in a lawful strike or lock-out position under this Act immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent. 2018, c. 18, s. 1. Conflict (3) In the event of a conflict between a provision in sections 169 to 189 and a provision in sections 1 to 125, the provision in sections 169 to 189 prevails. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 170 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
171 (1) Subject to section 175, no employee shall strike and no person or trade union shall call or authorize, or threaten to call or authorize, a strike by any employees. 2018, c. 18, s. 1. Same (2) Subject to section 175, no officer, official or agent of a trade union shall counsel, procure, support, encourage or threaten a strike by any employees. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 171 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
172 (1) Subject to section 175, the employer shall not lock out, authorize a lock-out or threaten to lock out any employees. 2018, c. 18, s. 1. Same (2) Subject to section 175, no officer, official or agent of the employer shall counsel, procure, support, encourage or threaten a lock-out of any employees. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 172 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force Duties of employer and bargaining agent
173 (1) This section applies if a strike or lock-out involving the employees is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent. 2018, c. 18, s. 1. Operation of undertakings (2) As soon as the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018
receives Royal Assent, the employer shall use all reasonable efforts to operate and continue to operate its undertakings, including any operations interrupted during any lock-out or strike that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent. 2018, c. 18, s. 1. Termination of lock-out (3) As soon as the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018
receives Royal Assent, the employer shall terminate any lock-out of employees that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent. 2018, c. 18, s. 1. Termination of strike (4) As soon as the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018
receives Royal Assent, the bargaining agent shall terminate any strike by employees that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018
receives Royal Assent. 2018, c. 18, s. 1. Same (5) As soon as the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent, each employee shall terminate any strike that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent and shall, without delay, resume the performance of the duties of his or her employment or shall continue performing them, as the case may be. 2018, c. 18, s. 1. Exception (6) Subsection (5) does not preclude an employee from not reporting to work and performing his or her duties for reasons of health or by mutual consent of the employee and the employer. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 173 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
174 Section 109 does not apply in respect of a prosecution for a contravention of sections 171, 172 or 173. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 174 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
175 After a new collective agreement with respect to the power workers bargaining unit is executed by the parties or comes into force under subsection 189 (5), sections 170 to 173 cease to apply and the right of the employees in the unit to strike and the right of the employer to lock out those employees is otherwise governed by this Act. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 175 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
176 A strike or lock-out in contravention of section 171, 172 or 173 is deemed to be an unlawful strike or lock-out for the purposes of this Act. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 176 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
177 Until a new collective agreement with respect to the power workers bargaining unit is executed by the parties or comes into force under subsection 189 (5), the terms and conditions of employment that applied with respect to the employees on the day before the first day on which it became lawful for any of the employees to strike continue to apply, unless the parties agree otherwise. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 177 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
178 If sections 169 to 189 apply to the employer and the bargaining agent in respect of the power workers bargaining unit, the parties are deemed to have referred to a mediator-arbitrator, on the day the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent, all matters remaining in dispute between them with respect to the terms and conditions of employment of the employees. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 178 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
179 (1) On or before the fifth day after the Labour Relations Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent, the parties shall jointly appoint the mediator-arbitrator referred to in section 178 and shall forthwith notify the Minister of the name and address of the person appointed. 2018, c. 18, s. 1. Same (2) If the parties fail to notify the Minister as subsection (1) requires, the Minister shall forthwith appoint the mediator-arbitrator and notify the parties of the name and address of the person appointed. 2018, c. 18, s. 1. Replacement (3) If the parties notify the Minister that they agree that the mediator-arbitrator is unable or unwilling to perform his or her duties so as to make an award, the parties shall, on or before the fifth day after the notification, jointly appoint a new mediator-arbitrator and shall forthwith notify the Minister of the name and address of the person appointed. 2018, c. 18, s. 1. Same (4) If the Minister notifies the parties that in the Minister’s opinion the mediator-arbitrator is unable or unwilling to perform his or her duties so as to make an award, the parties shall, on or before the fifth day after the notification, jointly appoint a new mediator-arbitrator and shall forthwith notify the Minister of the name and address of the person appointed. 2018, c. 18, s. 1. Same (5) If the parties fail to notify the Minister as subsection (3) or (4) requires, the Minister shall forthwith appoint a new mediator-arbitrator and notify the parties of the name and address of the person appointed. 2018, c. 18, s. 1. Same (6) The dispute resolution process shall begin anew on the appointment of a new mediator-arbitrator under subsection (3), (4) or (5). 2018, c. 18, s. 1. Minister’s power (7) The Minister may appoint as a mediator-arbitrator a person who is, in the opinion of the Minister, qualified to act. 2018, c. 18, s. 1. Delegation (8) The Minister may delegate in writing to any person the Minister’s power to make an appointment under this section. 2018, c. 18, s. 1. Proof of appointment, etc. (9) An appointment made under this section 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. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 179 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
180 (1) The mediator-arbitrator shall select the method of dispute resolution and shall notify the parties of the selection. 2018, c. 18, s. 1. Same (2) The mediator-arbitrator shall consider all methods of dispute resolution and in his or her sole discretion shall select the method that he or she believes is the most appropriate method having regard to the nature of the dispute. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 180 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
181 It is conclusively presumed that the appointment of a mediator-arbitrator made under section 179 is properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the mediator-arbitrator’s proceedings, including the selection of a method of dispute resolution made under section 180. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 181 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
182 (1) The mediator-arbitrator has exclusive jurisdiction to determine all matters that he or she considers necessary to conclude a new collective agreement. 2018, c. 18, s. 1. Time period (2) The mediator-arbitrator remains seized of and may deal with all matters within his or her jurisdiction until the new collective agreement is executed by the parties or comes into force under subsection 189 (5). 2018, c. 18, s. 1. Mediation (3) The mediator-arbitrator may try to assist the parties to settle any matter that he or she considers necessary to conclude the new collective agreement. 2018, c. 18, s. 1. Notice, matters agreed on (4) As soon as possible after a mediator-arbitrator is appointed, but in any event no later than seven days after the appointment, the parties shall give the mediator-arbitrator written notice of the matters on which they reached agreement before the appointment. 2018, c. 18, s. 1. Same (5) The parties may at any time give the mediator-arbitrator written notice of matters on which they reach agreement after the appointment of a mediator-arbitrator. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 182 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
183 (1) The mediator-arbitrator shall begin the dispute resolution proceeding within 30 days after being appointed and shall make all awards under sections 169 to 189 within 90 days after being appointed, unless the proceeding is terminated under subsection 188 (2). 2018, c. 18, s. 1. Extensions (2) The parties and the mediator-arbitrator may, by written agreement, extend a time period specified in subsection (1) either before or after it expires. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 183 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
184 (1) The mediator-arbitrator shall determine the procedure for the selected method of dispute resolution but shall permit the parties to present evidence and make submissions. 2018, c. 18, s. 1. Application of s. 48 (12) (a) to (i) (2) Clauses 48 (12) (a) to (i) apply, with necessary modifications, to proceedings before the mediator-arbitrator and to his or her decisions. 2018, c. 18, s. 1. Exclusions (3) The Arbitration Act, 1991 and the Statutory Powers Procedure Act
do not apply to mediation-arbitration proceedings under sections 169 to 189. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 184 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
185 (1) An award by the mediator-arbitrator under sections 169 to 189 shall address all the matters to be dealt with in the new collective agreement with respect to the parties and the power workers bargaining unit. 2018, c. 18, s. 1. Criteria (2) In making an award, the mediator-arbitrator shall take into consideration all factors that he or she considers relevant, including the following criteria: 1. The employer’s ability to pay in light of its fiscal situation. 2. The economic situation in Ontario. 3. A comparison, as between the employees and comparable employees in the public and private sectors, of the nature of the work performed and of the terms and conditions of employment. 4. The employer’s ability to attract and retain qualified employees. 5. The purposes of the Public Sector Dispute Resolution Act, 1997. 2018, c. 18, s. 1. Restriction — discipline and discharge (3) The mediator-arbitrator shall not include a provision in an award that prohibits the employer from discharging or disciplining an employee for just cause in respect of any activity that took place during the period that begins on the date on which a strike or lock-out in respect of the power workers bargaining unit became lawful and ends on the date on which a new collective agreement is executed by the parties or comes into force under subsection 189 (5). 2018, c. 18, s. 1. Same (4) Any dispute between the parties concerning discharge or discipline in respect of activities that took place during the period described in subsection (3) shall be determined through the grievance procedure and arbitration procedure established in the new collective agreement. 2018, c. 18, s. 1. Retroactive alteration of terms of employment (5) The award may provide for the retroactive alteration of one or more terms and conditions of employment, to one or more dates after March 31, 2018, and may do so despite section 177. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 185 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018;
2018, c. 18, s. 2 - not in force
186 The award of a mediator-arbitrator under sections 169 to 189 is final and binding on the parties and on the employees. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 186 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
187 Each party shall pay one-half of the fees and expenses of the mediator-arbitrator. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 187 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
188 (1) Until an award is made, nothing in sections 178 to 187 prohibits the parties from continuing to negotiate with a view to making a new collective agreement and they are encouraged to do so. 2018, c. 18, s. 1. New collective agreement concluded by parties (2) If the parties execute a new collective agreement before an award is made, they shall notify the mediator-arbitrator of the fact and the mediation-arbitration proceeding is thereby terminated. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 188 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
189 (1) Within seven days after the mediator-arbitrator makes an award, the parties shall prepare and execute documents giving effect to the award. 2018, c. 18, s. 1. Same (2) The documents required by subsection (1) constitute the new collective agreement between the parties. 2018, c. 18, s. 1. Extension (3) The mediator-arbitrator may extend the period referred to in subsection (1), but the extended period shall end no later than 30 days after the mediator-arbitrator made the award. 2018, c. 18, s. 1. Preparation by mediator-arbitrator (4) If the parties do not prepare and execute the documents as required under subsections (1) and (3), the mediator-arbitrator shall prepare the necessary documents and give them to the parties for execution. 2018, c. 18, s. 1. Failure to execute (5) If either party fails to execute the documents prepared by the mediator-arbitrator within seven days after receiving them, the documents come into force as though they had been executed by the parties and those documents constitute the new collective agreement between the parties. 2018, c. 18, s. 1. Note: On a day to be named by proclamation of the lieutenant governor, section 189 of the Act is repealed. (See: 2018, c. 18, s. 2) Section Amendments with date in force (d/m/y) 2018, c. 18, s. 1 - 20/12/2018; 2018, c. 18, s. 2 - not in force
190 (1) Sections 1 to 16, 23.1 to 25 and 26 to 38 of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 shall be deemed to form part of this Act and apply to, (a) Ontario Power Generation Inc. and each of its subsidiaries; (b) any trade union certified or voluntarily recognized under this Act that represents employees of any of the employers referred to in clause (a); and (c) the employees of the employers referred to in clause (a) who are represented by the trade unions described in clause (b). 2019, c. 12, s. 41 (1); 2020, c. 36, Sched. 38, s. 5. Conflict (2) If there is a conflict between the provisions incorporated into this Act under subsection (1) and sections 1 to 189 of this Act, the provisions incorporated under subsection (1) prevail only for the purposes of those incorporated provisions. 2019, c. 12, s. 41 (1). No application to the Board (3) No application may be made to the Board in respect of the provisions incorporated into this Act under subsection (1). 2019, c. 12, s. 41 (1). Non-application of section 104 (4) Section 104 of the Act does not apply in respect of the provisions incorporated into this Act under subsection (1). 2019, c. 12, s. 41 (1). Minister responsible (5) For greater certainty, for the purposes of the provisions incorporated into this Act under subsection (1), Minister means the President of the Treasury Board or such other member of the Executive Council to whom the administration of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 is assigned or transferred under the Executive Council Act. 2019, c. 12, s. 41 (1). Note: On a day to be named by proclamation of the Lieutenant Governor, section 190 of the Act is repealed. (See: 2019, c. 12, s. 41 (2)) Section Amendments with date in force (d/m/y) 2019, c. 12, s. 41 (1) - 08/11/2019; 2019, c. 12, s. 41 (2)
- not in force 2020, c. 36, Sched. 38, s. 5 - 08/12/2020 ______________  Français