jswizzle3737/ontario_laws_and_regs huggingface dataset:
55 There shall be only one collective agreement at a time between a trade union or council of trade unions and an employer or employers’ organization with respect to the employees in the bargaining unit defined in the collective agreement.  1995, c. 1, Sched. A, s. 55.
56 A collective agreement is, subject to and for the purposes of this Act, binding upon the employer and upon the trade union that is a party to the agreement whether or not the trade union is certified and upon the employees in the bargaining unit defined in the agreement.  1995, c. 1, Sched. A, s. 56.
58 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate. Extension of term of collective agreement (2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement, but such continued operation does not bar an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit and the continuation of the collective agreement may be terminated by either party upon 30 days notice to the other party. Early termination of collective agreements (3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties. Same (4) Despite anything in this section, where an employer joins an employers’ organization that is a party to a collective agreement with a trade union or council of trade unions and the employer agrees with the trade union or council of trade unions to be bound by the collective agreement between the trade union or council of trade unions and the employers’ organization, the agreement ceases to be binding upon the employer and the trade union or council of trade unions at the same time as the agreement between the employers’ organization and the trade union or council of trade unions ceases to be binding. Revision by mutual consent (5) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation.  1995, c. 1, Sched. A, s. 58.
59 (1) Either party to a collective agreement may, within the period of 90 days before the agreement ceases to operate, give notice in writing to the other party of its desire to bargain with a view to the renewal, with or without modifications, of the agreement then in operation or to the making of a new agreement. Same (2) A notice given by a party to a collective agreement in accordance with provisions in the agreement relating to its termination or renewal shall be deemed to comply with subsection (1). Notice of desire for new collective agreement for employers’ organization (3) Where notice is given by or to an employers’ organization that has a collective agreement with a trade union or council of trade unions, it shall be deemed to be a notice given by or to each member of the employers’ organization who is bound by the agreement or who has ceased to be a member of the employers’ organization but has not notified the trade union or council of trade unions in writing that he, she or it has ceased to be a member. Same (4) Where notice is given by or to a council of trade unions, other than a certified council of trade unions, that has a collective agreement with an employer or employers’ organization, it shall be deemed to be a notice given by or to each member or affiliate of the council of trade unions that is bound by the agreement or that has ceased to be a member or affiliate of the council of trade unions but has not notified the employer or employers’ organization in writing that it has ceased to be a member or affiliate.  1995, c. 1, Sched. A, s. 59.
60 Sections 17 to 36 apply to the bargaining that follows the giving of a notice under section 59.  1995, c. 1, Sched. A, s. 60.
61 (1) Where a certified council of trade unions is a party to or is bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect, (a) unless a copy of the resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council at least 90 days before the collective agreement ceases to operate; and (b) until the collective agreement ceases to operate. Same (2) Where a certified council of trade unions is not a party to or is not bound by a collective agreement, no resolution, by-law or other action by the constituent unions of a certified council of trade unions to dissolve the council or by a constituent union of such a council to withdraw from the council, as the case may be, has effect until the 90th day after the day on which a copy of such resolution, by-law or other action is delivered to the employer or the employers’ organization and, in the case of a withdrawal, to the other constituent members and to the council.  1995, c. 1, Sched. A, s. 61. Termination of Bargaining Rights
62 (1) If the trade union that applies for certification under subsection 7 (4), (5) or (6) is certified as bargaining agent for any of the employees in the bargaining unit defined in the collective agreement, the trade union that was or is a party to the agreement, as the case may be, forthwith ceases to represent the employees in the bargaining unit determined in the certificate and the agreement ceases to operate in so far as it affects such employees. Same (2) If the trade union that applies for certification under subsection 7 (2) is certified as bargaining agent for any of the employees in the bargaining unit defined in the certificate issued to the trade union that was previously certified, the latter trade union forthwith ceases to represent the employees in the bargaining unit defined in the certificate issued to the former trade union.  1995, c. 1, Sched. A, s. 62.
63.1 An employer or person acting on behalf of an employer shall not be found to have initiated an application under section 63 or to have contravened this Act if, during the 30-day period following the coming into force of section 5 of the Labour Relations Statute Law Amendment Act, 2005, the employer continues to do anything that was required by subsection (4) of this section, as it read immediately before the coming into force of section 5 of the Labour Relations Statute Law Amendment Act, 2005.  2005, c. 15, s. 5. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 9
- 30/12/2000 2005, c. 15, s. 5
- 13/06/2005
64 (1) If a trade union has obtained a certificate by fraud, the Board may at any time declare that the trade union no longer represents the employees in the bargaining unit and, upon the making of such a declaration, the trade union is not entitled to claim any rights or privileges flowing from certification and, if it has made a collective agreement binding upon the employees in the bargaining unit, the collective agreement is void. Non-application (2) Subsection 8 (9) does not apply with respect to an application for a declaration under subsection (1). Decertification obtained by fraud (3) If an applicant has obtained a declaration under section 63 by fraud, the Board may at any time rescind the declaration. If the declaration is rescinded, the trade union is restored as the bargaining agent for the employees in the bargaining unit and any collective agreement that, but for the declaration, would have applied with respect to the employees becomes binding as if the declaration had not been made. Non-application (4) Subsection 63 (13) does not apply with respect to an application for the rescission under subsection (3) of a declaration.  1995, c. 1, Sched. A, s. 64.
65 (1) If a trade union fails to give the employer notice under section 16 within 60 days following certification or if it fails to give notice under section 59 and no such notice is given by the employer, the Board may, upon the application of the employer or of any of the employees in the bargaining unit, and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit. Same, for failure to bargain (2) Where a trade union that has given notice under section 16 or section 59 or that has received notice under section 59 fails to commence to bargain within 60 days from the giving of the notice or, after having commenced to bargain but before the Minister has appointed a conciliation officer or mediator, allows a period of 60 days to elapse during which it has not sought to bargain, the Board may, upon the application of the employer or of any of the employees in the bargaining unit and with or without a representation vote, declare that the trade union no longer represents the employees in the bargaining unit.  1995, c. 1, Sched. A, s. 65.
66 (1) Where an employer and a trade union that has not been certified as the bargaining agent for a bargaining unit of employees of the employer enter into a collective agreement, or a recognition agreement as provided for in subsection 18 (3), the Board may, upon the application of any employee in the bargaining unit or of a trade union representing any employee in the bargaining unit, during the first year of the period of time that the first collective agreement between them is in operation or, if no collective agreement has been entered into, within one year from the signing of such recognition agreement, declare that the trade union was not, at the time the agreement was entered into, entitled to represent the employees in the bargaining unit. Powers of Board before disposing of application (2) Before disposing of an application under subsection (1), the Board may make such inquiry, require the production of such evidence and the doing of such things, or hold such representation votes, as it considers appropriate. Onus (3) On an application under subsection (1), the onus of establishing that the trade union was entitled to represent the employees in the bargaining unit at the time the agreement was entered into rests on the parties to the agreement. Declaration to terminate agreement (4) Upon the Board making a declaration under subsection (1), the trade union forthwith ceases to represent the employees in the defined bargaining unit in the recognition agreement or collective agreement and any collective agreement in operation between the trade union and the employer ceases to operate forthwith in respect of the employees affected by the application.  1995, c. 1, Sched. A, s. 66. Timeliness of Representation Applications
69.1 (1) This section applies with respect to services provided directly or indirectly by or to a building owner or manager that are related to servicing the premises, including building cleaning services, food services and security services. 2017, c. 22, Sched. 2, s. 7. Exclusions (2) This section does not apply with respect to the following services: 1. Construction. 2. Maintenance other than maintenance activities related to cleaning the premises. 3. The production of goods other than goods related to the provision of food services at the premises for consumption on the premises. 2017, c. 22, Sched. 2, s. 7. Services under contract (3) For the purposes of section 69, the sale of a business is deemed to have occurred, (a) if employees perform services at premises that are their principal place of work; (b) if their employer ceases, in whole or in part, to provide the services at those premises; and (c) if substantially similar services are subsequently provided at the premises under the direction of another employer. 2017, c. 22, Sched. 2, s. 7. Interpretation (4) For the purposes of section 69, the employer referred to in clause (3) (b) of this section is considered to be the employer who sells the business and the employer referred to in clause (3) (c) of this section is considered to be the person to whom the business is sold. 2017, c. 22, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 7 - 01/01/2018 69.2 Repealed: 2018, c. 14, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 7 - 01/01/2018 2018, c. 14, Sched. 2, s. 9 - 21/11/2018 Unfair Practices
70 No employer or employers’ organization and no person acting on behalf of an employer or an employers’ organization shall participate in or interfere with the formation, selection or administration of a trade union or the representation of employees by a trade union or contribute financial or other support to a trade union, but nothing in this section shall be deemed to deprive an employer of the employer’s freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence.  1995, c. 1, Sched. A, s. 70.
71 No trade union and no person acting on behalf of a trade union shall participate in or interfere with the formation or administration of an employers’ organization or contribute financial or other support to an employers’ organization.  1995, c. 1, Sched. A, s. 71.
72 No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization, (a) shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of a trade union or was or is exercising any other rights under this Act; (b) shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain an employee or a person seeking employment from becoming a member of a trade union or exercising any other rights under this Act; or (c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel an employee to become or refrain from becoming or to continue to be or to cease to be a member or officer or representative of a trade union or to cease to exercise any other rights under this Act.  1995, c. 1, Sched. A, s. 72.
73 (1) No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization shall, so long as a trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with any person or another trade union or a council of trade unions on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them. Same (2) No trade union council of trade unions or person acting on behalf of a trade union or council of trade unions shall, so long as another trade union continues to be entitled to represent the employees in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers’ organization on behalf of or purporting, designed or intended to be binding upon the employees in the bargaining unit or any of them.  1995, c. 1, Sched. A, s. 73.
74 A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.  1995, c. 1, Sched. A, s. 74.
75 Where, pursuant to a collective agreement, a trade union is engaged in the selection, referral, assignment, designation or scheduling of persons to employment, it shall not act in a manner that is arbitrary, discriminatory or in bad faith.  1995, c. 1, Sched. A, s. 75.
76 No person, trade union or employers’ organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of a trade union or of an employers’ organization or to refrain from exercising any other rights under this Act or from performing any obligations under this Act.  1995, c. 1, Sched. A, s. 76.
77 Nothing in this Act authorizes any person to attempt at the place at which an employee works to persuade the employee during the employee’s working hours to become or refrain from becoming or continuing to be a member of a trade union.  1995, c. 1, Sched. A, s. 77.
78 (1) No person, employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall engage in strike-related misconduct or retain the services of a professional strike breaker and no person shall act as a professional strike breaker. Definitions (2) For the purposes of subsection (1), “professional strike breaker” means a person who is not involved in a dispute whose primary object, in the Board’s opinion, is to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out; (“briseur de grève professionnel”) “strike-related misconduct” means a course of conduct of incitement, intimidation, coercion, undue influence, provocation, infiltration, surveillance or any other like course of conduct intended to interfere with, obstruct, prevent, restrain or disrupt the exercise of any right under this Act in anticipation of, or during, a lawful strike or lock-out. (“inconduite liée à une grève”) Other rights not affected (3) Nothing in this section shall be deemed to restrict or limit any right or prohibition contained in any other provision of this Act.  1995, c. 1, Sched. A, s. 78.
79.1 (1) Subsections (2) and (3) apply where no collective agreement has previously been in operation.  2000, c. 38, s. 11. Ratification vote (2) A question on a ballot used in a vote to ratify a proposed collective agreement or memorandum of settlement shall be limited to giving the persons entitled to vote a choice between ratifying the proposed collective agreement or memorandum of settlement and not ratifying the proposed collective agreement or memorandum of settlement and shall make no direct or indirect reference to the calling of a strike.  2000, c. 38, s. 11. Strike vote (3) A question on a ballot used in a strike vote shall be limited to giving the persons entitled to vote a choice between authorizing the calling of a strike and not authorizing the calling of a strike and shall make no direct or indirect reference to ratification of a proposed collective agreement or memorandum of settlement.  2000, c. 38, s. 11. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 11
- 30/12/2000
80 (1) Where an employee engaging in a lawful strike makes an unconditional application in writing to the employee’s employer within six months from the commencement of the lawful strike to return to work, the employer shall, subject to subsection (2), reinstate the employee in the employee’s former employment, on such terms as the employer and employee may agree upon, and the employer in offering terms of employment shall not discriminate against the employee for exercising or have exercised any rights under this Act. 1995, c. 1, Sched. A, s. 80 (1); 2017, c. 22, Sched. 2, s. 8 (1); 2018, c. 14, Sched. 2, s. 11 (1). Exceptions (2) An employer is not required to reinstate an employee who has made an application to return to work in accordance with subsection (1), (a) where the employer no longer has persons engaged in performing work of the same or similar nature to work which the employee performed prior to the employee’s cessation of work; or (b) where there has been a suspension or discontinuance for cause of an employer’s operations, or any part thereof, but, if the employer resumes such operations, the employer shall first reinstate those employees who have made an application under subsection (1). 1995, c. 1, Sched. A, s. 80 (2). Transition (3) Subsection (1), as it read immediately before the day section 11 of Schedule 2 to the Making Ontario Open for Business Act, 2018 came into force, continues to apply to applications made before that date. 2018, c. 14, Sched. 2, s. 11 (2). (4)-(7) Repealed: 2018, c. 14, Sched. 2, s. 11 (2). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 8 (1, 2) - 01/01/2018 2018, c. 14, Sched. 2, s. 11 (1, 2) - 21/11/2018
80.1 (1) An employer shall not discharge or discipline an employee in a bargaining unit without just cause during the period that begins on the date on which a strike or lock-out in respect of that bargaining unit became lawful and that ends on the earlier of the date on which a new 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. 9. Same, enforcement (2) The requirement in subsection (1) may be enforced through the grievance procedure and arbitration procedure established in the new collective agreement or deemed to be included in the collective agreement under section 48. 2017, c. 22, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 9 - 01/01/2018
81 No trade union or council of trade unions shall call or authorize or threaten to call or authorize an unlawful strike and no officer, official or agent of a trade union or council of trade unions shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike.  1995, c. 1, Sched. A, s. 81.
82 No employer or employers’ organization shall call or authorize or threaten to call or authorize an unlawful lock-out and no officer, official or agent of an employer or employers’ organization shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out.  1995, c. 1, Sched. A, s. 82.
83 (1) No person shall do any act if the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike or an unlawful lock-out. Application of subs. (1) (2) Subsection (1) does not apply to any act done in connection with a lawful strike or lawful lock-out.  1995, c. 1, Sched. A, s. 83.
84 Nothing in this Act prohibits any suspension or discontinuance for cause of an employer’s operations or the quitting of employment for cause if the suspension, discontinuance or quitting does not constitute a lock-out or strike.  1995, c. 1, Sched. A, s. 84.
85 No trade union shall suspend, expel or penalize in any way a member because the member has refused to engage in or to continue to engage in a strike that is unlawful under this Act.  1995, c. 1, Sched. A, s. 85.
86 (1) Where notice has been given under section 16 or section 59 and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees, (a) until the Minister has appointed a conciliation officer or a mediator under this Act, and, (i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or (ii) 14 days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board, as the case may be; or (b) until the right of the trade union to represent the employees has been terminated, whichever occurs first. Same (2) Where a trade union has applied for certification and notice thereof from the Board has been received by the employer, the employer shall not, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the employees until, (a) the trade union has given notice under section 16, in which case subsection (1) applies; or (b) the application for certification by the trade union is dismissed or terminated by the Board or withdrawn by the trade union. Differences may be arbitrated (3) Where notice has been given under section 59 and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) of this section was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and section 48 applies with necessary modifications thereto.  1995, c. 1, Sched. A, s. 86.
87 (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall, (a) refuse to employ or continue to employ a person; (b) threaten dismissal or otherwise threaten a person; (c) discriminate against a person in regard to employment or a term or condition of employment; or (d) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act. Same (2) No trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions shall, (a) discriminate against a person in regard to employment or a term or condition of employment; or (b) intimidate or coerce or impose a pecuniary or other penalty on a person, because of a belief that the person may testify in a proceeding under this Act or because the person has made or is about to make a disclosure that may be required in a proceeding under this Act or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Act.  1995, c. 1, Sched. A, s. 87.
88 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted.  1995, c. 1, Sched. A, s. 88. Locals under Trusteeship
89 (1) A provincial, national or international trade union that assumes supervision or control over a subordinate trade union, whereby the autonomy of such subordinate trade union, under the constitution or by-laws of the provincial, national or international trade union is suspended, shall, within 60 days after it has assumed supervision or control over the subordinate trade union, file with the Board a statement in the prescribed form, verified by the affidavit of its principal officers, setting out the terms under which supervision or control is to be exercised and it shall, upon the direction of the Board, file such additional information concerning such supervision and control as the Minister may from time to time require. Duration of trusteeship (2) Where a provincial, national or international trade union has assumed supervision or control over a subordinate trade union, such supervision or control shall not continue for more than 12 months from the date of such assumption, but such supervision or control may be continued for a further period of 12 months with the consent of the Board.  1995, c. 1, Sched. A, s. 89. Interference with the Local Trade Union Interference with local trade union
89.1 (1) In this section, “constitution” means an organizational document governing the establishment or operation of a trade union and includes a charter and by-laws and rules made under a constitution; (“acte constitutif”) “local trade union” means, in relation to a parent trade union, a trade union in Ontario that is affiliated with or subordinate or directly related to the parent trade union and includes a council of trade unions; (“syndicat local”) “parent trade union” means a provincial, national or international trade union which has at least one affiliated local trade union in Ontario that is subordinate or directly related to it. (“syndicat parent”) 2018, c. 8, Sched. 14, s. 2. Interference (2) A parent trade union or a council of trade unions shall not, without just cause, assume supervision or control of or otherwise interfere with a local trade union directly or indirectly in such a way that the autonomy of the local trade union is affected. 2018, c. 8, Sched. 14, s. 2. Same, officials and members (3) A parent trade union or a council of trade unions shall not, without just cause, remove from office, change the duties of an elected or appointed official of a local trade union or impose a penalty on such an official or on a member of a local trade union. 2018, c. 8, Sched. 14, s. 2. Board powers (4) On an application relating to this section, when deciding whether there is just cause, the Board shall consider the trade union constitution but is not bound by it and shall consider such other factors as it considers appropriate. 2018, c. 8, Sched. 14, s. 2. Orders when just cause (5) If the Board determines that an action described in subsection (2) was taken with just cause, the Board may make such orders and give such directions as it considers appropriate, including orders respecting the continuation of supervision or control of the local trade union. 2018, c. 8, Sched. 14, s. 2. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 14, s. 2 - 08/05/2018 Information
90 (1) Each party to a collective agreement shall, forthwith after it is made, file one copy with the Minister in the form specified by the Minister. 2018, c. 14, Sched. 2, s. 12. Collective agreements to be made public (2) The Minister shall publish the copies of collective agreements filed under subsection (1) or otherwise make them available to the public. 2018, c. 14, Sched. 2, s. 12. Same (3) For greater certainty, the Minister may satisfy the obligation set out in subsection (2) by publishing the copies on a Government of Ontario website. 2018, c. 14, Sched. 2, s. 12. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 2, s. 12 - 21/11/2018
91 The Board may direct a trade union, council of trade unions or employers’ organization to file with the Board within the time prescribed in the direction a copy of its constitution and by-laws and a statutory declaration of its president or secretary setting forth the names and addresses of its officers.  1995, c. 1, Sched. A, s. 91.
92 (1) Every trade union shall upon the request of any member furnish the member, without charge, with a copy of the audited financial statement of its affairs to the end of its last fiscal year certified by its treasurer or other officer responsible for the handling and administration of its funds to be a true copy, and, upon the complaint of any member that the trade union has failed to furnish such a statement, the Board may direct the trade union to file with the Registrar of the Board, within such time as the Board may determine, a copy of the audited financial statement of its affairs to the end of its last fiscal year verified by the affidavit of its treasurer or other officer responsible for the handling and administration of its funds and to furnish a copy of the statement to the members of the trade union that the Board in its discretion may direct, and the trade union shall comply with the direction according to its terms.  1995, c. 1, Sched. A, s. 92 (1). Complaint that financial statement inadequate (2) Where a member of a trade union complains that an audited financial statement is inadequate, the Board may inquire into the complaint and the Board may order the trade union to prepare another audited financial statement in a form and containing the particulars that the Board considers appropriate and the Board may further order that the audited financial statement, as rectified, be certified by a person licensed under the Public Accounting Act, 2004 or a firm whose partners are licensed under that Act.  1995, c. 1, Sched. A, s. 92 (2); 2004, c. 8, s. 46. Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table
- 01/11/2005 92.1 Repealed:  2005, c. 15, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 12
- 30/12/2000 2002, c. 18, Sched. J, s. 4 (1) - 26/11/2002 2004, c. 8, s. 46, Table, 47 (1) - Obsolete 2005, c. 15, s. 6
- 13/06/2005
93 (1) In this section, “administrator” means any trade union, trustee or person responsible for the control, management or disposition of money received or contributed to a vacation pay fund or a welfare benefit or pension plan or fund for the members of a trade union or their survivors or beneficiaries.  1995, c. 1, Sched. A, s. 93 (1). Annual filing of statement (2) Every administrator shall file annually with the Minister not later than June 1 in each year or at such other time or times as the Minister may direct, a copy of the audited financial statement certified by a person licensed under the Public Accounting Act, 2004
or a firm whose partners are licensed under that Act of a vacation pay fund, or a welfare benefit or pension plan or fund setting out its financial condition for the preceding fiscal year and disclosing, (a) a description of the coverage provided by the fund or plan; (b) the amount contributed by each employer; (c) the amounts contributed by the members and the trade union, if any; (d) a statement of the assets, specifying the total amount of each type of asset; (e) a statement of liabilities, receipts and disbursements; (f) a statement of salaries, fees and commissions charged to the fund or plan, to whom paid, in what amount and for what purposes; and (g) such further information as the Minister may require.  1995, c. 1, Sched. A, s. 93 (2); 2004, c. 8, s. 46. Furnishing of copy to member of trade union (3) The administrator, upon the request in writing of any member of the trade union whose employer has made payments or contributions into the fund or plan, shall furnish to the member without charge a copy of the audited financial statement required to be filed by subsection (2).  1995, c. 1, Sched. A, s. 93 (3). Where Board may direct compliance (4) Where an administrator has failed to comply with subsection (2) or (3), upon a certificate of failure so to comply signed by the Minister or upon complaint by the member, the Board may direct the administrator to comply within the time that the Board may determine.  1995, c. 1, Sched. A, s. 93 (4). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, Table
- 01/11/2005
94 (1) Every trade union and unincorporated employers’ organization in Ontario that has members in Ontario shall, within 15 days after it has enrolled its first member, file with the Board a notice in the prescribed form giving the name and address of a person resident in Ontario who is authorized by the trade union or unincorporated employers’ organization to accept on its behalf service of process and notices under this Act. Change in representative (2) Whenever a trade union or unincorporated employers’ organization changes the authorization referred to in subsection (1), it shall file with the Board notice thereof in the prescribed form within 15 days after making such change. Service of notice (3) Service on the person named in a notice or the latest notice, as the case may be, filed under subsection (1) is good and sufficient service for the purposes of this Act on the trade union or unincorporated employers’ organization that filed the notice.  1995, c. 1, Sched. A, s. 94.
95 Every publication that deals with the relations between employers or employers’ organizations and trade unions or employees shall bear the names and addresses of its printer and its publisher.  1995, c. 1, Sched. A, s. 95.
95.1 If the Minister is authorized to collect personal information indirectly under this Act in a request, application, notification or filing given or made to the Minister, without limiting the Minister’s ability to give notice in other ways, the notice required by subsection 39 (2) of the Freedom of Information and Protection of Privacy Act may be given by a public notice posted on a Government of Ontario website. 2018, c. 14, Sched. 2, s. 13. Section Amendments with date in force (d/m/y) 2018, c. 14, Sched. 2, s. 13 - 21/11/2018 Enforcement
97 For the purposes of section 87 and any complaint made under section 96, “person” includes any person otherwise excluded by subsection 1 (3).  1995, c. 1, Sched. A, s. 97.
98 (1) The Board may make interim decisions and orders in any proceeding. 2017, c. 22, Sched. 2, s. 10. Conditions (2) The Board may impose conditions on an interim decision or order. 2017, c. 22, Sched. 2, s. 10. Reasons (3) An interim decision or order need not be accompanied by reasons. 2017, c. 22, Sched. 2, s. 10. Section Amendments with date in force (d/m/y) 1998, c. 8, s. 10 - 29/06/1998 2005, c. 15, s. 7
- 13/06/2005 2017, c. 22, Sched. 2, s. 10 - 01/01/2018
100 Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the Board is satisfied that a trade union or council of trade unions called or authorized or threatened to call or authorize an unlawful strike or that an officer, official or agent of a trade union or council of trade unions counselled or procured or supported or encouraged an unlawful strike or threatened an unlawful strike or that employees engaged in or threatened to engage in an unlawful strike or any person has done or is threatening to do an act that the person knows or ought to know that, as a probable and reasonable consequence of the act, another person or persons will engage in an unlawful strike, the Board may so declare and it may direct what action, if any, a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or the threat of an unlawful strike.  1995, c. 1, Sched. A, s. 100.
101 Where, on the complaint of a trade union, council of trade unions, employer or employers’ organization, the Board is satisfied that an employer or employers organization called or authorized or threatened to call or authorize an unlawful lock-out or locked out or threatened to lock out employees or that an officer, official or agent of an employer or employers’ organization counselled or procured or supported or encouraged an unlawful lock-out or threatened an unlawful lock-out, the Board may so declare and, in addition, in its discretion, it may direct what action if any a person, employee, employer, employers’ organization, trade union or council of trade unions and their officers, officials or agents shall do or refrain from doing with respect to the unlawful lock-out or the threat of an unlawful lock-out.  1995, c. 1, Sched. A, s. 101.
102 A party to a direction made under section 100 or 101 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.  1995, c. 1, Sched. A, s. 102; 2000, c. 38, s. 15; 2021, c. 25, Sched. 11, s. 1. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 15
- 30/12/2000 2021, c. 25, Sched. 11, s. 1 - 03/06/2021
103 (1) Where the Board declares that a trade union or council of trade unions has called or authorized an unlawful strike or that an employer or employers’ organization has called or authorized an unlawful lock-out and no collective agreement is in operation between the trade union or council of trade unions and the employer or employers’ organization, as the case may be, the trade union or council of trade unions or employer or employers’ organization may, within 15 days of the release of the Board’s declaration, but not thereafter, notify the employer or employers’ organization or trade union or council of trade unions, as the case may be, in writing of its intention to claim damages for the unlawful strike or lock-out, and the notice shall contain the name of its appointee to an arbitration board. Appointment of arbitration board (2) The recipient of the notice shall within five days inform the sender of the notice of the name of its appointee to the arbitration board. Same (3) The two appointees so selected shall, within five days of the appointment of the second of them, appoint a third person who shall be the chair. Same (4) If the recipient of the notice fails to name an appointee, or if the two appointees fail to agree upon a chair within the time limited, the appointment shall be made by the Minister upon the request of either party. Decision of arbitration board (5) The arbitration board shall hear and determine the claim for damages including any question as to whether the claim is arbitrable and shall issue a decision and the decision is final and binding upon the parties to the arbitration, and, (a) in the case of a council of trade unions, upon the members of affiliates of the council who are affected by the decision; and (b) in the case of an employers’ organization, upon the employers in the organization who are affected by the decision. Same (6) The decision of a majority is the decision of the arbitration board, but if there is no majority the decision of the chair governs. Remuneration of members of board (7) The chair and members of the arbitration board under this section 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, and the parties to the arbitration are jointly and severally liable for the payment of the fees and expenses. Procedure of board (8) In an arbitration under this section, subsections 48 (6), (8), (9), (11) to (13), (19) and (20) apply with necessary modifications.  1995, c. 1, Sched. A, s. 103.
104 (1) Every person, trade union, council of trade unions or employers’ organization that contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act is guilty of an offence and on conviction is liable, (a) if an individual, to a fine of not more than $2,000; or (b) if a corporation, trade union, council of trade unions or employers’ organization, to a fine of not more than $25,000. 1995, c. 1, Sched. A, s. 104 (1); 2017, c. 22, Sched. 2, s. 11; 2018, c. 14, Sched. 2, s. 14. Continued offences (2) Each day that a person, trade union, council of trade unions or employers’ organization contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act constitutes a separate offence. 1995, c. 1, Sched. A, s. 104 (2). Disposition of fines (3) Every fine recovered for an offence under this Act shall be paid to the Treasurer of Ontario and shall form part of the Consolidated Revenue Fund. 1995, c. 1, Sched. A, s. 104 (3). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 11 (1, 2) - 01/01/2018 2018, c. 14, Sched. 2, s. 14 (1, 2) - 21/11/2018
105 An information in respect of a contravention of this Act may be for one or more offences and no information, warrant, conviction or other step or procedure in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences.  1995, c. 1, Sched. A, s. 105.
106 If a corporation, trade union, council of trade unions or employers’ organization is guilty of an offence under this Act, every officer, official or agent thereof who assented to the commission of the offence shall be deemed to be a party to and guilty of the offence.  1995, c. 1, Sched. A, s. 106.
107 (1) A prosecution for an offence under this Act may be instituted against a trade union or council of trade unions or employers’ organization in the name of the union, council or organization. Vicarious responsibility (2) Any act or thing done or omitted by an officer, official or agent of a trade union or council of trade unions or employers’ organization within the scope of the officer, official or agent’s authority to act on behalf of the union, council or organization shall be deemed to be an act or thing done or omitted by the union, council or organization.  1995, c. 1, Sched. A, s. 107.
108 Where a trade union, a council of trade unions or an unincorporated employers’ organization is affected by a determination of the Board under section 96, an interim order of the Board under section 99 or a direction of the Board under section 100, 101 or 144 or a decision of an arbitrator or arbitration board including a decision under section 103, proceedings to enforce the determination, interim order, direction or decision may be instituted in the Superior Court of Justice by or against the union, council or organization in the name of the union, council or organization, as the case may be.  1995, c. 1, Sched. A, s. 108; 2000, c. 38, s. 16. Section Amendments with date in force (d/m/y) 2000, c. 38, s. 16
- 30/12/2000
109 (1) No prosecution for an offence under this Act shall be instituted except with the consent in writing of the Board. Information (2) An application for consent to institute a prosecution for an offence under this Act may be made by a trade union, a council of trade unions, a corporation or an employers’ organization among others, and, if the consent is given by the Board, the information may be laid by any officer, official or member of the trade union, council of trade unions, corporation or employers’ organization among others.  1995, c. 1, Sched. A, s. 109. Administration
112 Where in any proceeding before the Board the Board is satisfied that a mistake has been made in good faith with the result that the proper person or trade union has not been named as a party or has been incorrectly named, the Board may order the proper person or trade union to be substituted or added as a party to the proceedings or to be correctly named upon such terms as appear to the Board to be just.  1995, c. 1, Sched. A, s. 112.
113 Where in any proceeding under this Act the Board has found or finds that an organization of employees is a trade union within the meaning of subsection 1 (1), such finding is proof, in the absence of evidence to the contrary, in any subsequent proceeding under this Act that the organization of employees is a trade union for the purposes of this Act.  1995, c. 1, Sched. A, s. 113.
114 (1) The Board has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it, and the action or decision of the Board thereon is final and conclusive for all purposes, but nevertheless the Board may at any time, if it considers it advisable to do so, reconsider any decision, order, direction, declaration or ruling made by it and vary or revoke any such decision, order, direction, declaration or ruling. Same (2) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a person is an employee or as to whether a person is a guard, the question may be referred to the Board and the decision of the Board thereon is final and conclusive for all purposes. Findings of hearing-officer conclusive (3) Where the Board has authorized the chair or a vice-chair to make an inquiry under clause 111 (2) (j), his or her findings and conclusions on facts are final and conclusive for all purposes, but nevertheless he or she may, if he or she considers it advisable to do so, reconsider his or her findings and conclusions on facts and vary or revoke any such finding or conclusion.  1995, c. 1, Sched. A, s. 114.