jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 The following are the purposes of the Act: 1. To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees. 2. To recognize the importance of workplace parties adapting to change. 3. To promote flexibility, productivity and employee involvement in the workplace. 4. To encourage communication between employers and employees in the workplace. 5. To recognize the importance of economic growth as the foundation for mutually beneficial relations amongst employers, employees and trade unions. 6. To encourage co-operative participation of employers and trade unions in resolving workplace issues. 7. To promote the expeditious resolution of workplace disputes.  1995, c. 1, Sched. A, s. 2.
3 This Act does not apply, (a) to a domestic employed in a private home; (b) to a person employed in hunting or trapping; (b.1) to an employee within the meaning of the Agricultural Employees Protection Act, 2002; (c) to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture; (d) to a member of a police force within the meaning of the Police Services Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (d) of the Act is amended by striking out “police force within the meaning of the Police Services Act” at the end and substituting “police service within the meaning of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 27) (e) except as provided in Part IX of the Fire Protection and Prevention Act, 1997, to a person who is a firefighter within the meaning of subsection 41 (1) of that Act; (f) to a member of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014, except as provided by that Act and by the Protecting the School Year Act, 2015, or to a supervisory officer, a principal or a vice-principal within the meaning of the Education Act; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 3 (f) of the Act is repealed and the following substituted: (See: 2015, c. 11, s. 20 (2)) (f) to a member of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014, except as provided by that Act, or to a supervisory officer, a principal or a vice-principal within the meaning of the Education Act; (g)  Repealed:  2006, c. 35, Sched. C, s. 57 (2). (h) to an employee of a college of applied arts and technology; (i) to a provincial judge; or (j) to a person employed as a labour mediator or labour conciliator.  1995, c. 1, Sched. A, s. 3; 1997, c. 4, s. 83; 1997, c. 31, s. 151; 2002, c. 16, s. 20; 2006, c. 35, Sched. C, s. 57 (2); 2014, c. 5, s. 50; 2015, c. 11, s. 20 (1). Section Amendments with date in force (d/m/y) 1997, c. 4, s. 83 - 29/10/1997; 1997, c. 31, s. 151 - 01/01/1998 2002, c. 16, s. 20
- 17/06/2003 2006, c. 35, Sched. C, s. 57 (2) - 20/08/2007 2014, c. 5, s. 50
- 24/04/2014 2015, c. 11, s. 20 (1)
- 28/05/2015; 2015, c. 11, s. 20 (2)
- not in force 2018, c. 3, Sched. 5, s. 30 - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 27 - not in force
4 (1) This Act binds agencies of the Crown other than, (a) agencies in which are employed Crown employees as defined in the Crown Employees Collective Bargaining Act, 1993; and (b) colleges of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.  2006, c. 35, Sched. C, s. 57 (3). Crown not bound (2) Except as provided in subsection (1), this Act does not bind the Crown.  1995, c. 1, Sched. A, s. 4 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. C, s. 57 (3) - 20/08/2007 Freedoms
5 Every person is free to join a trade union of the person’s own choice and to participate in its lawful activities.  1995, c. 1, Sched. A, s. 5.
6 Every person is free to join an employers’ organization of the person’s own choice and to participate in its lawful activities.  1995, c. 1, Sched. A, s. 6. Establishment of Bargaining Rights by Certification
6.1 (1) Any application made under this section, as it read immediately before the day section 1 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, that, on that day, is before the Board but has not been determined by it, shall be terminated on that day. 2018, c. 14, Sched. 2, s. 1. Same (2) If a trade union obtained a list of employees in accordance with a direction of the Board under this section, as it read immediately before the day section 1 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, the trade union shall, on or immediately after that day, destroy the list in such a way that it cannot be reconstructed or retrieved. 2018, c. 14, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 1 - 01/01/2018 2018, c. 14, Sched. 2, s. 1 - 21/11/2018
8 (1) Upon receiving an application for certification, the Board may determine the voting constituency to be used for a representation vote and in doing so shall take into account, (a) the description of the proposed bargaining unit included in the application for certification; and (b) the description, if any, of the bargaining unit that the employer proposes. Direction re 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 union 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. 8 (1, 2). Membership in trade union (3) The determination under subsection (2) shall be based only upon the information provided in the application for certification and the accompanying information provided under subsection 7 (13).  1998, c. 8, s. 2. No hearing (4) The Board shall not hold a hearing when making a decision under subsection (1) or (2). Timing of vote (5) Unless the Board directs otherwise, the representation vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the application for certification is filed with the Board. Conduct of vote (6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made. Sealing of ballot box, etc. (7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs. Subsequent hearing (8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification. Exception (9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 7 (13).  1995, c. 1, Sched. A, s. 8 (4-9). Section Amendments with date in force (d/m/y) 1998, c. 8, s. 2 - 29/06/1998
9 (1) Subject to subsection (2), upon an application for certification, the Board shall determine the unit of employees that is appropriate for collective bargaining, but in every case the unit shall consist of more than one employee and the Board may, before determining the unit, conduct a vote of any of the employees of the employer for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit. Certification pending resolution of composition of bargaining unit (2) Where, upon an application for certification, the Board is satisfied that any dispute as to the composition of the bargaining unit cannot affect the trade union’s right to certification, the Board may certify the trade union as the bargaining agent pending the final resolution of the composition of the bargaining unit. Crafts units (3) Any group of employees who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or crafts shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to the skills or craft, and the Board may include in the unit persons who according to established trade union practice are commonly associated in their work and bargaining with the group, but the Board shall not be required to apply this subsection where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made. Units of professional engineers (4) A bargaining unit consisting solely of professional engineers shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include professional engineers in a bargaining unit with other employees if the Board is satisfied that a majority of the professional engineers wish to be included in the bargaining unit. Dependent contractors (5) A bargaining unit consisting solely of dependent contractors shall be deemed by the Board to be a unit of employees appropriate for collective bargaining but the Board may include dependent contractors in a bargaining unit with other employees if the Board is satisfied that a majority of the dependent contractors wish to be included in the bargaining unit.  1995, c. 1, Sched. A, s. 9.
10 (1) The Board shall certify a trade union as the bargaining agent of the employees in a bargaining unit that is determined by the Board to be appropriate for collective bargaining 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 union.  1995, c. 1, Sched. A, s. 10 (1). No certification (2) The Board shall not certify the trade union as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote by the employees in the bargaining unit are cast in favour of the trade union.  1995, c. 1, Sched. A, s. 10 (2). 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 any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is dismissed.  2000, c. 38, s. 4. Same (3.1) Despite subsection (3), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if, (a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and (b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.  2000, c. 38, s. 4. Exception (3.2) Subsection (3) does not apply if the trade union whose application was dismissed is a trade union that the Board is prohibited from certifying under section 15.  2000, c. 38, s. 4. Same (4) For greater certainty, subsection (3) does not apply with respect to a dismissal under paragraph 7 of subsection 8.1 (5).  1998, c. 8, s. 4. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 4 - 29/06/1998 2000, c. 38, s. 4
- 30/12/2000
11 (1) Subsection (2) applies where an employer, an employers’ organization or a person acting on behalf of an employer or an employers’ organization contravenes this Act and, as a result, (a) the true wishes of the employees in the bargaining unit were not likely reflected in a representation vote; or (b) a trade union was not able to demonstrate that 40 per cent or more of the individuals in the bargaining unit proposed in the application for certification appeared to be members of the union at the time the application was filed.  2005, c. 15, s. 2. Same (2) In the circumstances described in subsection (1), on the application of the trade union, the Board may, (a) order that a representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit; (b) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit; or (c) certify the trade union as the bargaining agent of the employees in the bargaining unit that the Board determines could be appropriate for collective bargaining if no other remedy would be sufficient to counter the effects of the contravention. 2018, c. 14, Sched. 2, s. 2. Same (3) An order under subsection (2) may be made despite section 8.1 or subsection 10 (2). 2018, c. 14, Sched. 2, s. 2. Considerations (4) On an application made under this section, the Board may consider, (a) the results of a previous representation vote; and (b) whether the trade union appears to have membership support adequate for the purposes of collective bargaining. 2018, c. 14, Sched. 2, s. 2. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 5 - 29/06/1998 2005, c. 15, s. 2
- 13/06/2005 2017, c. 22, Sched. 2, s. 2 - 01/01/2018 2018, c. 14, Sched. 2, s. 2 - 21/11/2018
11.1 (1) Subsection (2) applies where a trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions contravenes this Act and, as a result, the true wishes of the employees in the bargaining unit were not likely reflected in a representation vote.  2005, c. 15, s. 2. Same (2) In the circumstances described in subsection (1), on the application of an interested person, the Board may, despite subsection 10 (1), (a) order that another representation vote be taken and do anything to ensure that the representation vote reflects the true wishes of the employees in the bargaining unit; or (b) dismiss the application for certification if no other remedy would be sufficient to counter the effects of the contravention.  2005, c. 15, s. 2. Considerations (3) On an application made under this section, the Board may consider, (a) the results of a previous representation vote; and (b) whether the trade union appears to have membership support adequate for the purposes of collective bargaining.  2005, c. 15, s. 2. Bar to reapplying (4) If the Board dismisses an application for certification under clause (2) (b), the Board shall not consider another application for certification by the trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the application is dismissed.  2005, c. 15, s. 2. Same (5) Despite subsection (4), the Board may consider an application for certification by the trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if, (a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and (b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.  2005, c. 15, s. 2. Industrial, commercial and institutional sector (6) If the Board dismisses under clause (2) (b) an application for certification that relates to the industrial, commercial and institutional sector of the construction industry, the references to “trade union” in subsections  (4) and (5) shall be read as references to the trade unions on whose behalf the application for certification was brought.  2005, c. 15, s. 2. Section Amendments with date in force (d/m/y) 2005, c. 15, s. 2
- 13/06/2005
11.2 (1) Sections 11 and 11.1 apply only in respect of contraventions described in subsection 11 (1) or subsection 11.1 (1) that occurred on or after the day section 2 of the Labour Relations Statute Law Amendment Act, 2005 comes into force.  2005, c. 15, s. 2. Same (2) Section 11, as it read immediately before the day section 2 of the Labour Relations Statute Law Amendment Act, 2005 came into force, continues to apply in respect of contraventions that occurred before that date.  2005, c. 15, s. 2. Transition (3) Any application made under section 11, as it read immediately before the day section 3 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, that, on that day, is before the Board but has not been determined by it, shall be determined in accordance with section 11, as amended by that Act. 2018, c. 14, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2005, c. 15, s. 2
- 13/06/2005 2018, c. 14, Sched. 2, s. 3 - 21/11/2018
12 (1) Sections 7 to 15, 126, 128 and 128.1 apply with necessary modifications to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a bargaining agent.  1995, c. 1, Sched. A, s. 12 (1); 2005, c. 15, s. 3 (1). Postponement of disposition (2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board considers necessary.  1995, c. 1, Sched. A, s. 12 (2). Membership (3) For the purposes of sections 7, 8 and 128.1, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council.  1995, c. 1, Sched. A, s. 12 (3); 2005, c. 15, s. 3 (2). Section Amendments with date in force (d/m/y) 2005, c. 15, s. 3
- 13/06/2005
12.1 If a trade union is certified as the bargaining agent of employees in a bargaining unit, the employer shall not discharge or discipline an employee in that bargaining unit without just cause during the period that begins on the date of certification and ends on the earlier of the date on which a first collective agreement is entered into and the date on which the trade union no longer represents the employees in the bargaining unit. 2017, c. 22, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 3 - 01/01/2018
13 Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, upon a direction from the Board, allow the representative of a trade union access to the property on which the employees reside for the purpose of attempting to persuade the employees to join a trade union.  1995, c. 1, Sched. A, s. 13.
14 (1) This section applies with respect to guards who monitor other employees or who protect the property of an employer. Trade union with members other than guards, etc. (2) Unless the employer notifies the Board that it objects, a trade union that admits to membership persons who are not guards or that is chartered by or affiliated with an organization that does so may be certified as the bargaining agent for a bargaining unit composed solely of guards. Mixed bargaining unit (3) Unless the employer notifies the Board that it objects, a bargaining unit may include guards and persons who are not guards. If objection (4) If the employer objects, the trade union must satisfy the Board that no conflict of interest would result from the trade union becoming the bargaining agent or from including persons other than guards in the bargaining unit. Conflict of interest (5) The Board shall consider the following factors in determining whether a conflict of interest would result: 1. The extent of the guards’ duties monitoring other employees of their employer or protecting their employer’s property. 2. Any other duties or responsibilities of the guards that might give rise to a conflict of interest. 3. Such other factors as the Board considers relevant. Certification (6) If the Board is satisfied that no conflict of interest would result, the Board may certify the trade union to represent the bargaining unit.  1995, c. 1, Sched. A, s. 14.
15 The Board shall not certify a trade union if any employer or any employers’ organization 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. 15. 15.1 Repealed: 2018, c. 14, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 4 - 01/01/2018 2018, c. 14, Sched. 2, s. 4 - 21/11/2018
15.2 If a trade union elected to have an application for certification dealt with under this section, as it read immediately before the day section 5 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, and, on that day, the application is before the Board but has not been determined by it, the application will be dealt with as follows: 1. If the application was filed before the day the Making Ontario Open for Business Act, 2018 received first reading, the application shall be determined in accordance with this section, as it read immediately before that day. 2. If the application was filed on or after the day the Making Ontario Open for Business Act, 2018
received first reading, the application shall be determined in accordance with section 8. 2018, c. 14, Sched. 2, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 4 - 01/01/2018 2018, c. 14, Sched. 2, s. 5 - 21/11/2018 Negotiation of Collective Agreements
16 Following certification or the voluntary recognition by the employer of the trade union as bargaining agent for the employees in the bargaining unit, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement.  1995, c. 1, Sched. A, s. 16. 16.1 Repealed: 2018, c. 14, Sched. 2, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 5 - 01/01/2018 2018, c. 14, Sched. 2, s. 6 - 21/11/2018
17 The parties shall meet within 15 days from the giving of the notice or within such further period as the parties agree upon and they shall bargain in good faith and make every reasonable effort to make a collective agreement.  1995, c. 1, Sched. A, s. 17.
18 (1) Where notice has been given under section 16 or 59, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 1995, c. 1, Sched. A, s. 18 (1). Same, where no notice given (2) Despite the failure of a trade union to give written notice under section 16 or the failure of either party to give written notice under sections 59 and 131, where the parties have met and bargained, the Minister, upon the request of either party, may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.  1995, c. 1, Sched. A, s. 18 (2). Material to be filed (2.1) Any party who requests the appointment of a conciliation officer under subsection (1) or (2) shall file with that request a copy of the most recent collective agreement, if any, in the form specified by the Minister, together with any other prescribed information. 2018, c. 14, Sched. 2, s. 7. Appointment of conciliation officer, voluntary recognition (3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties, the Minister may, upon the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement. 1995, c. 1, Sched. A, s. 18 (3). Second conciliation (4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within 15 months from the date of such appointment, the Minister may, upon the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 19 to 36 and 79 to 86 apply, but the appointment is not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 18 (4). Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 2, s. 7 - 21/11/2018
19 (1) Where the Minister is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly before he or she has appointed a conciliation board or has informed the parties that he or she does not consider it advisable to appoint a conciliation board. Same (2) Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated.  1995, c. 1, Sched. A, s. 19.
20 (1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his or her endeavour to the Minister. Extension of 14-day period (2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister upon the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is extended. Report of settlement (3) Where the conciliation officer reports to the Minister that the differences between the parties concerning the terms of a collective agreement have been settled, the Minister shall forthwith by notice in writing inform the parties of the report.  1995, c. 1, Sched. A, s. 20.
21 If the conciliation officer is unable to effect a collective agreement within the time allowed under section 20, (a) the Minister shall forthwith by notice in writing request each of the parties, within five days of the receipt of the notice, to recommend one person to be a member of a conciliation board, and upon the receipt of the recommendations or upon the expiration of the five-day period he or she shall appoint two members who in his or her opinion represent the points of view of the respective parties, and the two members so appointed may, within three days after they are appointed, jointly recommend a third person to be a member and chair of the board, and upon the receipt of the recommendation or upon the expiration of the three-day period, he or she shall appoint a third person to be a member and chair of the board; or (b) the Minister shall forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board.  1995, c. 1, Sched. A, s. 21.
22 No person shall act as a member of a conciliation board who has any pecuniary interest in the matters coming before it or who is acting, or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties.  1995, c. 1, Sched. A, s. 22.
23 (1) When the members of the conciliation board have been appointed, the Minister shall forthwith give notice of their names to the parties and thereupon the board shall be deemed to have been established. Presumption of establishment (2) When notice under subsection (1) has been given, it shall be presumed conclusively that the conciliation board has been established in accordance with this Act, 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 the establishment of the conciliation board or the appointment of any of its members, or to review, prohibit or restrain any of its proceedings.  1995, c. 1, Sched. A, s. 23.
24 (1) If a person ceases to be a member of a conciliation board by reason of his or her resignation or death before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by the person. Appointment of new member in place of member (2) If in the opinion of the Minister a member of a conciliation board has failed to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by the person. Appointment of new chair (3) If the chair of a conciliation board is unable to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, he or she shall advise the Minister of his or her inability and the Minister may appoint a person to act as chair in his or her place.  1995, c. 1, Sched. A, s. 24.
25 As soon as a conciliation board has been established, the Minister shall deliver to its chair a statement of the matters referred to it and the Minister may, either before or after its report is made, amend or add to the statement.  1995, c. 1, Sched. A, s. 25.
26 Each member of a conciliation board shall, before entering upon his or her duties, take and subscribe before a person authorized to administer oaths or before another member of the board, and file with the Minister, an oath in the following form, in English or in French: I do solemnly swear (or solemnly affirm) that I am not disqualified under section 22 of the Labour Relations Act, 1995 from acting as a member of a conciliation board and that I will faithfully, truly and impartially, to the best of my knowledge, skill and ability, execute and perform the office of member (or chair) of the conciliation board established to ............................................................................................. and that I will not, except as I am legally authorized, disclose to any person any of the evidence or other matter brought before the board. So help me God. (omit this phrase in an affirmation) 1995, c. 1, Sched. A, s. 26.
27 As soon as a conciliation board is established, it shall endeavour to effect agreement between the parties on the matters referred to it.  1995, c. 1, Sched. A, s. 27.
28 (1) Subject to this Act, a conciliation board shall determine its own procedure. Presentation of evidence (2) A conciliation board shall give full opportunity to the parties to present their evidence and make their submissions.  1995, c. 1, Sched. A, s. 28.
29 The chair of a conciliation board shall, after consultation with the other members of the board, fix the time and place of its sittings, and he or she shall notify the parties and the other members of the board of the time and place so fixed.  1995, c. 1, Sched. A, s. 29.
30 The chair of a conciliation board shall in writing, immediately upon the conclusion of its first sitting, inform the Minister of the date on which the sitting was held.  1995, c. 1, Sched. A, s. 30.
31 The chair and one other member of a conciliation board or, in the absence of the chair and with his or her written consent, the other two members constitute a quorum, but, in the absence of one of the members other than the chair, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting.  1995, c. 1, Sched. A, s. 31.
32 If the members of a conciliation board are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs.  1995, c. 1, Sched. A, s. 32.
33 A conciliation board has power, (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the board considers requisite to the full investigation and consideration of the matters referred to it in the same manner as a court of record in civil cases; (b) to administer oaths and affirmations; (c) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not; (d) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the matters referred to the board, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such matters; (e) to authorize any person to do anything that the board may do under clause (d) and to report to the board thereon.  1995, c. 1, Sched. A, s. 33.
34 (1) A conciliation board shall report its findings and recommendations to the Minister within 30 days after its first sitting. Extension of period (2) The period mentioned in subsection (1) may be extended, (a) for a further period not exceeding 30 days, (i) by the Minister at the request of the chair of the conciliation board, or (ii) by agreement of the parties; or (b) for a further period beyond the period fixed in clause (a) that the parties may agree upon and as the Minister may approve. Report (3) The report of the majority constitutes the report of the conciliation board, but, where there is no majority agreement or where the board is unable to report within the time allowed under subsection (1) or (2), the chair shall notify the Minister in writing that there has been no agreement or that the board is unable to report, as the case may be, and in either case the notification constitutes the report of the board. Clarification, etc., of report (4) After a conciliation board has made its report, the Minister may direct it to clarify or amplify any part of its report, and the report shall not be deemed to have been received by the Minister until it has been so clarified or amplified. Copies of reports to parties (5) On receipt of the report of the conciliation board or the mediator, the Minister shall forthwith release a copy to each of the parties.  1995, c. 1, Sched. A, s. 34.
35 (1) Where a mediator is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement. Powers (2) A mediator has all the powers of a conciliation board under section 33. Sections 30 and 34 apply (3) Sections 30 and 34 apply with necessary modifications to a mediator. Report (4) The report of a mediator has the same effect as the report of a conciliation board.  1995, c. 1, Sched. A, s. 35.
36 Failure of a conciliation officer to report to the Minister within the time provided in this Act does not invalidate the proceedings of the conciliation officer.  1995, c. 1, Sched. A, s. 36.
37 (1) The Minister may establish an industrial inquiry commission to inquire into and report to the Minister on any industrial matter or dispute that the Minister considers advisable. Composition and powers (2) The industrial inquiry commission shall consist of one or more members appointed by the Minister and the commission shall have all the powers of a conciliation board under section 33. Remuneration and expenses (3) The chair and members of the commission shall be paid remuneration and expenses at the same rate as is payable to a chair and members of a conciliation board under this Act.  1995, c. 1, Sched. A, s. 37.
38 (1) Where, at any time during the operation of a collective agreement, the Minister considers that it will promote more harmonious industrial relations between the parties, the Minister may appoint a special officer to confer with the parties and assist them in an examination and discussion of their current relationship or the resolution of anticipated bargaining problems. Duties of special officer (2) A special officer appointed under subsection (1) shall confer with the parties and shall report to the Minister within 30 days of his or her appointment and upon the filing of his or her report his or her appointment shall terminate unless it is extended by the Minister. Qualifications of special officer (3) Any person knowledgeable in industrial relations may be appointed a special officer, whether or not he or she is an employee of the Crown.  1995, c. 1, Sched. A, s. 38.
39 (1) The Minister may appoint a Disputes Advisory Committee composed of one or more representatives of employers and one or more representatives of employees. Purpose of Committee (2) At any time during the course of bargaining, either before or after the commencement of a strike or lock-out, where it appears to the Minister that the normal conciliation and mediation procedures have been exhausted, the Minister may request that the Disputes Advisory Committee be convened to confer with, advise and assist the bargaining parties.  1995, c. 1, Sched. A, s. 39.
40 (1) Despite any other provision of this Act, the parties may at any time following the giving of notice of desire to bargain under section 16 or 59, irrevocably agree in writing to refer all matters remaining in dispute between them to an arbitrator or a board of arbitration for final and binding determination. Powers of arbitrator or board of arbitration (2) The agreement to arbitrate shall supersede all other dispute settlement provisions of this Act, including those provisions relating to conciliation, mediation, strike and lock-out, and the provisions of subsections 48 (7), (8), (11), (12) and (18) to (20) apply with necessary modifications to the proceedings before the arbitrator or board of arbitration and to its decision under this section. Effect of agreement (3) For the purposes of section 67 and section 132, an irrevocable agreement in writing referred to in subsection (1) shall have the same effect as a collective agreement.  1995, c. 1, Sched. A, s. 40.
41 Where, at any time after the commencement of a strike or lock-out, the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may, on such terms as he or she considers necessary, direct that a vote of the employees in the bargaining unit to accept or reject the offer be held forthwith.  1995, c. 1, Sched. A, s. 41.
42 (1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made. Time limits and periods not affected (2) A request for the taking of a vote, or the holding of a vote, under subsection (1) does not abridge or extend any time limits or periods provided for in this Act.  1995, c. 1, Sched. A, s. 42.
43.1 (1) Unless otherwise provided, a reference in this section to section 43.1 or a provision of it is a reference to the section or provision as it read immediately before the day section 8 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force. 2018, c. 14, Sched. 2, s. 8. Same (2) If, on the day section 8 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, (a) the Board has directed the settlement of a first collective agreement by mediation-arbitration under clause 43.1 (2) (c), section 43.1 shall continue to apply until the parties have entered into a first collective agreement; (b) any parties are in first collective agreement mediation under section 43, as it read immediately before the day section 8 of Schedule 2 to the Making Ontario Open for Business Act, 2018
came into force, the mediation shall cease on or immediately after that day; and (c) an application for first collective agreement mediation-arbitration has been made under section 43.1 but the Board has not directed the settlement of a first collective agreement by mediation-arbitration under clause 43.1 (2) (c), the application shall proceed under section 43, as amended by section 8 of Schedule 2 to the Making Ontario Open for Business Act, 2018. 2018, c. 14, Sched. 2, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 6 - 01/01/2018 2018, c. 14, Sched. 2, s. 8 - 21/11/2018
44 (1) A proposed collective agreement that is entered into or memorandum of settlement that is concluded on or after the day on which this section comes into force has no effect until it is ratified as described in subsection (3).  1995, c. 1, Sched. A, s. 44 (1). Exceptions (2) Subsection (1) does not apply with respect to a collective agreement, (a) imposed by order of the Board or settled by arbitration; (b) that reflects an offer accepted by a vote held under section 41 or subsection 42 (1); (c) that applies to employees in the construction industry; or (d) that applies to employees performing maintenance who are represented by a trade union that, according to trade union practice, pertains to the construction industry if any of the employees were referred to their employment by the trade union.  1995, c. 1, Sched. A, s. 44 (2); 1998, c. 8, s. 6. Vote (3) Subject to section 79.1, a proposed collective agreement or memorandum of settlement is ratified if a vote is taken in accordance with subsections 79 (7) to (9) and more than 50 per cent of those voting vote in favour of ratifying the agreement or memorandum.  2000, c. 38, s. 6. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 6 - 29/06/1998 2000, c. 38, s. 6
- 30/12/2000 Contents of Collective Agreements
45 (1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein. Recognition of accredited employers’ organization (2) Every collective agreement to which an accredited employers’ organization is a party shall be deemed to provide that the accredited employers’ organization is recognized as the exclusive bargaining agent of the employers in the unit of employers for whom the employers’ organization has been accredited.  1995, c. 1, Sched. A, s. 45.
46 Every collective agreement shall be deemed to provide that there will be no strikes or lock-outs so long as the agreement continues to operate.  1995, c. 1, Sched. A, s. 46.
47 (1) Except in the construction industry and subject to section 52, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall be included in the collective agreement between the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of the regular union dues and to remit the amount to the trade union, forthwith. Definition (2) In subsection (1), “regular union dues” means, (a) in the case of an employee who is a member of the trade union, the dues uniformly and regularly paid by a member of the trade union in accordance with the constitution and by-laws of the trade union, and (b) in the case of an employee who is not a member of the trade union, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the trade union.  1995, c. 1, Sched. A, s. 47.
50 (1) Despite any grievance or arbitration provision in a collective agreement or deemed to be included in the collective agreement under section 48, the parties to the collective agreement may, at any time, agree to refer one or more grievances under the collective agreement to a single mediator-arbitrator for the purpose of resolving the grievances in an expeditious and informal manner. Prerequisite (2) The parties shall not refer a grievance to a mediator-arbitrator unless they have agreed upon the nature of any issues in dispute. Appointment by Minister (3) The parties may jointly request the Minister to appoint a mediator-arbitrator if they are unable to agree upon one and the Minister shall make the appointment. Proceedings to begin (4) Subject to subsection (5), a mediator-arbitrator appointed by the Minister shall begin proceedings within 30 days after being appointed. Same (5) The Minister may direct a mediator-arbitrator appointed by him or her to begin proceedings on such date as the parties jointly request. Mediation (6) The mediator-arbitrator shall endeavour to assist the parties to settle the grievance by mediation. Arbitration (7) If the parties are unable to settle the grievance by mediation, the mediator-arbitrator shall endeavour to assist the parties to agree upon the material facts in dispute and then shall determine the grievance by arbitration. Same (8) When determining the grievance by arbitration, the mediator-arbitrator may limit the nature and extent of evidence and submissions and may impose such conditions as he or she considers appropriate. Time for decision (9) The mediator-arbitrator shall give a succinct decision within five days after completing proceedings on the grievance submitted to arbitration. Application (10) Subsections 48 (12) to (19) apply with respect to a mediator-arbitrator and a settlement, determination or decision under this section.  1995, c. 1, Sched. A, s. 50.
52 (1) Where the Board is satisfied that an employee because of his or her religious conviction or belief, (a) objects to joining a trade union; or (b) objects to the paying of dues or other assessments to a trade union, the Board may order that the provisions of a collective agreement of the type mentioned in clause 51 (1) (a) do not apply to the employee and that the employee is not required to join the trade union, to be or continue to be a member of the trade union, or to pay any dues, fees or assessments to the trade union, provided that amounts equal to any initiation fees, dues or other assessments are paid by the employee to or are remitted by the employer to a charitable organization mutually agreed upon by the employee and the trade union, but if the employee and the trade union fail to so agree then to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the Board.  1995, c. 1, Sched. A, s. 52 (1); 2004, c. 16, Sched. D, Table. Application of subs. (1) (2) Subsection (1) applies to employees in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement, and does not apply to employees whose employment commences after the entering into of the collective agreement.  1995, c. 1, Sched. A, s. 52 (2). Section Amendments with date in force (d/m/y) 2004, c. 16, Sched. D, Table - 01/01/2004 Operation of Collective Agreements
53 An agreement between an employer or an employers’ organization and a trade union shall be deemed not to be a collective agreement for the purposes of this Act if an employer or employers’ organization participated in the formation or administration of the trade union or contributed financial or other support to the trade union.  1995, c. 1, Sched. A, s. 53.
54 A collective agreement must not discriminate against any person if the discrimination is contrary to the Human Rights Code or the Canadian Charter of Rights and Freedoms.  1995, c. 1, Sched. A, s. 54.