jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 In this Act, “agreement” means an agreement in writing between the Crown on the one hand and the Association on the other hand; (“convention”) “Association” means the Ontario Provincial Police Association; (“association”) Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2019, c. 1, Sched. 4, s. 41 (1)) “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council; (“ministre”) “Negotiating Committee” means the Ontario Provincial Police Negotiating Committee continued under section 3; (“comité de négociation”) “public servant” has the same meaning as in the Public Service of Ontario Act, 2006; (“fonctionnaire”) “Solicitor General” means the Solicitor General or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. (“solliciteur général”)  2006, c. 35, Sched. B, s. 1; 2009, c. 18, Sched. 23, s. 1. Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Solicitor General” in section 1 of the Act is repealed. (See: 2019, c. 1, Sched. 4, s. 41 (2)) Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 1 (1-3) - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (1, 2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (1, 2) - not in force
1.1 (1) The Association shall not affiliate directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union.  2009, c. 18, Sched. 23, s. 2. Definition (2) In this section, “trade union” has the same meaning as in the Labour Relations Act, 1995.  2009, c. 18, Sched. 23, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 2 - 05/06/2009
3 (1) The body known as the Ontario Provincial Police Negotiating Committee in English and comité de négociation de la Police provinciale de l’Ontario in French is continued.  2006, c. 35, Sched. B, s. 3 (1). Composition (2) The Negotiating Committee shall be composed of, (a) three members appointed by the Association to be known as the “staff side”; (b) three members appointed by the employer to be known as the “employer side”; and (c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote.  2006, c. 35, Sched. B, s. 3 (2). Acting chair (3) The members appointed under clauses (2) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent.  2006, c. 35, Sched. B, s. 3 (3). Duties of chair (4) The chair of the Negotiating Committee shall, (a) at the request of a member convene a meeting of the Negotiating Committee; (b) prepare the agenda for each meeting; and (c) preside at each meeting.  2006, c. 35, Sched. B, s. 3 (4). Agenda (5) At the request of a member of the Negotiating Committee, the chair shall place upon the agenda any matter concerning, (a) the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part so long as the request is made not earlier than 90 days and not later than 60 days before the expiration date of the agreement; (b) the making of a first agreement; or (c) the interpretation or clarification of any clause in an agreement.  2006, c. 35, Sched. B, s. 3 (5). Same (6) Despite clause (5) (a), the chair shall place a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part on the agenda even though the request may have been made earlier than 90 days or later than 60 days before the expiration date of the agreement if, (a) a member of the Negotiating Committee requests that the matter be placed on the agenda; and (b) both the staff side and the employer side of the Negotiating Committee consent that the matter be placed on the agenda.  2006, c. 35, Sched. B, s. 3 (6). Quorum (7) A quorum of the Negotiating Committee consists of, (a) the chair; (b) two members of the staff side; and (c) two members of the employer side.  2006, c. 35, Sched. B, s. 3 (7). Matters to be negotiated (8) The Negotiating Committee shall negotiate such matters as are put on its agenda under subsections (5) and (6).  2006, c. 35, Sched. B, s. 3 (8).
4 (1) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance, (a) concerning working conditions or terms of employment other than, (i) a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies, Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 4 (1) (a) (i) of the Act is amended by striking out “Police Services Act” and substituting “Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 41 (5)) (ii) a grievance that relates to pensions for employees who are part of a bargaining unit referred to in subsection 2 (1), (ii.1) a grievance that relates to supplemental pension benefits prescribed under clause 11 (b) for employees referred to in subclause (ii), or (iii) a grievance that requires the creation of a new classification of employees referred to in subclause (ii), the alteration of an existing classification or a change to be made in the classification of any such employee; or (b) concerning the interpretation or clarification of any clause in an agreement.  2006, c. 35, Sched. B, s. 4 (1); 2009, c. 18, Sched. 23, s. 4. Decision (2) Every decision of the Negotiating Committee shall be in writing and in three copies and each copy shall be signed by the chair and by a representative of the staff side and by a representative of the employer side.  2006, c. 35, Sched. B, s. 4 (2). When binding (3) A decision of the Negotiating Committee shall not be binding on the staff side or the employer side until the decision has been approved in the manner set out in subsection (4) and transmitted by the chair for implementation as set out in subsection (5).  2006, c. 35, Sched. B, s. 4 (3). Approval (4) Approval of a decision of the Negotiating Committee shall be, (a) on the staff side, by a decision of the Board of Directors of the Association; and (b) on the employer side, by a decision of the Management Board of Cabinet.  2006, c. 35, Sched. B, s. 4 (4). Implementation (5) The chair of the Negotiating Committee shall transmit every decision of the Committee to the proper authority to be implemented.  2006, c. 35, Sched. B, s. 4 (5). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 4 - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (5) - not in force
5 (1) If a majority of the members of the Negotiating Committee is unable to agree upon a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part, the chair shall, at the request of a member, request the Solicitor General to appoint a conciliation officer, and the Solicitor General shall appoint a conciliation officer upon receiving the request.  2006, c. 35, Sched. B, s. 5 (1). Duty of conciliation officer (2) The conciliation officer shall confer with the Negotiating Committee and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the Solicitor General.  2006, c. 35, Sched. B, s. 5 (2). Extension of time (3) The 14-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended.  2006, c. 35, Sched. B, s. 5 (3). Report (4) When the conciliation officer reports to the Solicitor General that an agreement has been reached or that an agreement cannot be reached, the Solicitor General shall promptly inform the Negotiating Committee of the report.  2006, c. 35, Sched. B, s. 5 (4). Note: On a day to be named by proclamation of the Lieutenant Governor, section 5 of the Act is amended by striking out “Solicitor General” wherever it appears and substituting in each case “Minister”. (See: 2019, c. 1, Sched. 4, s. 41 (6)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 43 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (6) - not in force
7 (1) Subject to subsection (2), no matter relating to pensions for employees who are part of a bargaining unit described in section 2 shall be referred to arbitration and no arbitration board shall decide any matter relating to pensions for those employees.  2009, c. 18, Sched. 23, s. 5. Same (2) Matters relating to supplemental pension benefits for employees who are part of a bargaining unit described in section 2 that are prescribed under section 11 may be referred to arbitration and, in that case, an arbitration board shall decide any matter relating to supplemental pension benefits for those employees.  2009, c. 18, Sched. 23, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 5 - 05/06/2009 8 Repealed:  2009, c. 18, Sched. 23, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 6 - 05/06/2009
9 (1) The Ontario Labour Relations Board has jurisdiction to deal with any complaint it receives relating to the assignment of particular work to persons in the bargaining unit described in paragraph 2 of subsection 2 (1) or in a trade union representing employees under the Crown Employees Collective Bargaining Act, 1993 and subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 apply, with necessary modifications, to the determination of such a complaint.  2006, c. 35, Sched. B, s. 9 (1). Application of LRA, 1995 (2) For the purposes of the application of subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 to the determination of a complaint referred to in subsection (1), any reference to a trade union in those subsections is deemed to include a reference to the Association.  2006, c. 35, Sched. B, s. 9 (2).
10 The Minister of Government Services or such other minister as may be designated under the Executive Council Act for the purposes of this section shall by order implement, (a) collective agreements and awards made in accordance with the collective bargaining procedures applicable to public servants employed under Part III of the Public Service of Ontario Act, 2006 who are represented by the Association; (b) approved decisions of the Negotiating Committee under section 4; and (c) decisions of an arbitration board under section 6.  2006, c. 35, Sched. B, s. 10.
10.1 (1) Despite subsection 37 (1) of the Public Service of Ontario Act, 2006, where a person is appointed a public servant to employment as a Recruit Constable for a term that is not fixed, the person shall be on probation during the period beginning on the date of his or her appointment as a Recruit Constable and ending on the first anniversary of the date of his or her promotion to Probationary Constable.  2009, c. 18, Sched. 23, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10.1 (1) of the Act is amended by striking out “on the first anniversary of the date of his or her promotion to Probationary Constable” at the end and substituting “12 months after the day of his or her appointment as a police officer”. (See: 2019, c. 1, Sched. 4, s. 41 (9)) Same (2) The Public Service of Ontario Act, 2006 applies to a person on probation under subsection (1) as if he or she were on probation under subsection 37 (1) of that Act.  2009, c. 18, Sched. 23, s. 7. Note: On a day to be named by proclamation of the Lieutenant Governor, section 10.1 of the Act is amended by adding the following subsections: (See: 2019, c. 1, Sched. 4, s. 41 (10)) Extension with consent (3) The Commissioner of the Ontario Provincial Police may extend a police officer’s probationary period by up to six months if the police officer consents to the extension. 2019, c. 1, Sched. 4, s. 41 (10). Leave of absence (4) Any time taken by the police officer as a leave of absence does not count towards the fulfilment of the probationary period. 2019, c. 1, Sched. 4, s. 41 (10). Only one probationary period (5) Despite subsection (1), a police officer shall not be subject to a probationary period if he or she has already successfully completed a probationary period as a police officer with a police service, the Royal Canadian Mounted Police or a different prescribed policing organization. 2019, c. 1, Sched. 4, s. 41 (10). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 7 - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (8, 9) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (9, 10) - not in force
11 The Lieutenant Governor in Council may make regulations, (a) prescribing the rules of procedure governing proceedings of the Negotiating Committee; (b) prescribing as supplemental pension benefits for the purposes of subsection 7 (2) benefits that are available to employees in the police and fire sectors under the supplemental plan established under section 11 of the Ontario Municipal Employees Retirement System Act, 2006.  2009, c. 18, Sched. 23, s. 8. Note: On a day to be named by proclamation of the Lieutenant Governor, section 11 of the Act is amended by adding the following clause: (See: 2019, c. 1, Sched. 4, s. 41 (11)) (c) clarifying the meaning of “leave of absence” for the purposes of subsection 10.1 (4). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 8 - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (10) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (11) - not in force Part ii (ss. 12-19) Repealed:  2009, c. 18, Sched. 23, s. 9. 12-19 Repealed:  2009, c. 18, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 9 - 05/06/2009 Part II   Application of Labour Relations Act, 1995 20 Repealed:  2009, c. 18, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 10, 11 - 05/06/2009 Application of LRA, 1995
21 (1) The rules of practice made by the chair of the Ontario Labour Relations Board under subsection 110 (17) of the Labour Relations Act, 1995
apply to a proceeding before the Board relating to a question referred to in subsection 2 (4) or a complaint made under section 9.  2009, c. 18, Sched. 23, s. 12 (1). Powers of the Board (2) In a proceeding referred to in subsection (1), the Board has all of the powers and duties referred to in section 111 of the Labour Relations Act, 1995.  2006, c. 35, Sched. B, s. 21 (2). Application of miscellaneous provisions (3) Section 108, subsections 110 (9), (11), (12), (13), (14), (15) and (16), section 112, subsection 114 (1) and sections 115.1, 117, 119, 120, 122 and 123 of the Labour Relations Act, 1995 apply with necessary modifications to a proceeding referred to in subsection (1).  2006, c. 35, Sched. B, s. 21 (3). Same (4) Sections 116 and 118 of the Labour Relations Act, 1995 apply with necessary modifications to a decision or order of the Board made with respect to a complaint made under section 9.  2009, c. 18, Sched. 23, s. 12 (2). Deemed reference to Association (5) Any reference to a trade union in any of the provisions of the Labour Relations Act, 1995
referred to in subsections (1) to (4) is deemed to include a reference to the Association for the purposes of the application of those provisions to a proceeding referred to in subsection (1).  2009, c. 18, Sched. 23, s. 12 (3). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 12 (1-3) - 05/06/2009 22, 23 Repealed:  2009, c. 18, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 13 - 05/06/2009 ______________  Français