12.9 (1) The definitions in subsection 12.8 (1) apply to this section. (2) This section applies only with respect to a person who, immediately before a former municipality is dissolved or amalgamated, is an employee of the former municipality or a local board of the former municipality and is not in a bargaining unit. (3) The Minister or a commission may order that the length of employment or service of an employee who becomes, under the order, an employee of a new municipality or a local board of the new municipality shall be deemed to include, (a) if the employee was employed by a former municipality immediately before the former municipality is dissolved or amalgamated, a percentage of the length of employment or service the employee had with the former municipality and with any local board of the former municipality; or (b) if the employee was employed by a local board of a former municipality immediately before the former municipality is dissolved or amalgamated, a percentage of the length of employment or service the employee had with the local board, the former municipality and any other local board of the former municipality. (4) Subsection (5) applies with respect to an employee only if, (a) the employee becomes, under an order, an employee of a new municipality or a local board of a new municipality; and (b) the position the employee had with the former municipality or local board of the former municipality immediately before the former municipality is dissolved or amalgamated would be in a bargaining unit if the position were with the new municipality or local board that the employee becomes an employee of under the order. (5) Subject to subsection (4), the Minister or a commission may order that an employee shall be deemed to be in the bargaining unit referred to in clause (4) (b) with seniority that shall be deemed to include, (a) if the employee was employed by a former municipality immediately before the former municipality is dissolved or amalgamated, a percentage of the length of employment the employee had in each position with the former municipality and with any local board of the former municipality that would be in the bargaining unit the employee is deemed to be in if the position were with the new municipality or local board that the employee becomes an employee of under the order; or (b) if the employee was employed by a local board of a former municipality immediately before the former municipality is dissolved or amalgamated, a percentage of the length of employment the employee had in each position with the local board of the former municipality and any other local board of the former municipality that would be in the bargaining unit the employee is deemed to be in if the position were with the new municipality or local board that the employee becomes an employee of under the order. (6) The percentage of length of employment or service referred to in subsections (3) and (5) shall be set out in the order and may be any percentage not exceeding 100 per cent. (7) The Minister or a commission may provide that a dispute concerning the application, in determining a right or obligation under a collective agreement, of the part of the Minister’s or commission’s order that results from the exercise of a power under this section be resolved as though the dispute were a dispute concerning the interpretation, application or administration of the collective agreement. O. Reg. 557/96, s. 8.