jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The following are the purposes of this Act: 1.  To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers. 2.  To facilitate the establishment of effective and rationalized bargaining unit structures in restructured broader public sector organizations. 3.  To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees following restructuring in the broader public sector and in other specified circumstances. 4.  To foster the prompt resolution of workplace disputes arising from restructuring.  1997, c. 21, Sched. B, s. 1.
2 In this Act, “Board” means the Ontario Labour Relations Board; (“Commission”) “business” includes a part or parts thereof and an undertaking within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993; (“entreprise”) “composite agreement” means the collective agreement that is deemed to exist under subsection 24 (5); (“convention mixte”) “hospital” means a hospital as defined in section 1 of the Public Hospitals Act, a private hospital operating under a licence issued under the Private Hospitals Act, a psychiatric facility listed in Schedule 1 to Regulation 741 of the Revised Regulations of Ontario, 1990 (“Application of Act”) made under the Mental Health Act and the Alcoholism and Drug Addiction Research Foundation; (“hôpital”) “local board” means a local board as defined in section 1 of the Municipal Affairs Act but does not include a school board or a police services board; (“conseil local”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local board” in section 2 of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 51 (1)) “lock-out” means lock-out as defined in subsection 1 (1) of the Labour Relations Act, 1995; (“lock-out”) “predecessor employer” means a predecessor employer under section 3, 4, 5, 6, 7, 8 or 10; (“employeur précédent”) “replacement agreement” means a collective agreement that replaces a composite agreement as a result of an agreement under section 29 or an order under section 30; (“convention de remplacement”) “sells” includes leases, transfers, including transfers within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993, and any other manner of disposition, and “sold” and “sale” have corresponding meanings; (“vend”, “vendu”, “vente”) “strike” means a strike as defined in subsection 1 (1) of the Labour Relations Act, 1995; (“grève”) “successor employer” means a successor employer under section 3, 4, 5, 6, 7, 8 or 10; (“employeur qui succède”) “transitional period” means the period beginning on the day that this section comes into force and ending on December 31, 2001 or on such later date as may be prescribed. (“période de transition”)  1997, c. 21, Sched. B, s. 2; 2002, c. 17, Sched. F, Table; 2006, c. 4, s. 42 (1); 2006, c. 35, Sched. D, s. 4; 2016, c. 30, s. 47; 2019, c. 7, Sched. 53, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 4, s. 42 (1)
- 28/03/2006; 2006, c. 35, Sched. D, s. 4 (1, 2) - 20/12/2006 2016, c. 30, s. 47
- 08/12/2016 2017, c. 25, Sched. 9, s. 112 - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023 2018, c. 3, Sched. 5, s. 53 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (1) - not in force; 2019, c. 5, Sched. 3, s. 20 (1-3) - no effect - see 2019, c. 7, Sched. 53, s. 1 - 29/05/2019; 2019, c. 7, Sched. 53, s. 1 - 29/05/2019 Application
3 (1) This Act applies upon, (a)  the amalgamation of two or more municipalities or two or more local boards; (b)  the dissolution of two or more municipalities and the incorporation of their inhabitants into a new municipality; (c)  the dissolution of two or more local boards and the establishment of a new local board that assumes the powers and authority of the dissolved local boards; or (d)  the dissolution of an upper-tier municipality if, as part of that restructuring, two or more municipalities that form part of the upper-tier municipality for municipal purposes are amalgamated or are dissolved and their inhabitants incorporated into a new municipality.  1997, c. 21, Sched. B, s. 3 (1); 2006, c. 4, s. 42 (2). Predecessor and successor employers (2) Subject to subsection (2.1), for the purposes of this Act, (a)  the municipalities or local boards that are amalgamated and the municipalities or local boards that are dissolved are the predecessor employers; and (b)  the municipality or local board that exists when the amalgamation takes effect, the new municipality that is incorporated or the local board that assumes the power or authority of the dissolved local boards is the successor employer.  1997, c. 21, Sched. B, s. 3 (2); 1999, c. 14, Sched. F, s. 8 (1). Same (2.1) For the purposes of this Act, if events described in clauses (1) (b) and (c) occur on the same changeover date and if the new local board that assumes the powers and authority of the dissolved local boards is a local board of the new municipality, the following are the predecessor and successor employers in the circumstances described: 1.  If an employee of a dissolved municipality becomes an employee of a local board of the new municipality on the changeover date, the dissolved municipality is the predecessor employer and the local board is the successor employer. 2.  If an employee of a dissolved local board becomes an employee of the new municipality on the changeover date, the dissolved local board is the predecessor employer and the new municipality is the successor employer.  1999, c. 14, Sched. F, s. 8 (2). Same (3) For the purposes of this Act, in the case of a restructuring described in clause (1) (d), (a)  the upper-tier municipality that is dissolved and the municipalities that are amalgamated or dissolved are predecessor employers; and (b)  the municipalities that exist when the amalgamation takes effect or the new municipalities that are incorporated and any other persons prescribed in connection with the restructuring are successor employers.  1997, c. 21, Sched. B, s. 3 (3). Changeover date (4) For the purposes of this Act, the changeover date is the date on which the amalgamation or dissolution takes effect.  1997, c. 21, Sched. B, s. 3 (4). Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. F, s. 8 (1, 2) - 22/12/1999 2006, c. 4, s. 42 (2)
- 28/03/2006
4 (1) In this section and sections 5 and 6, “City of Toronto Act, 1997” means that Act as it read on the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006; (“Loi de 1997 sur la cité de Toronto”) “local board” means local board as defined in section 1 of the City of Toronto Act, 1997 but does not include a police services board; (“conseil local”) Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “local board” in subsection 4 (1) of the Act is amended by striking out “police services board” and substituting “police service board”. (See: 2019, c. 1, Sched. 4, s. 51 (2)) “new City of Toronto” or “new city” means the City of Toronto incorporated by the City of Toronto Act, 1997; (“nouvelle cité de Toronto”, “nouvelle cité”) “old municipalities” means old municipalities as defined in section 1 of the City of Toronto Act, 1997. (“anciennes municipalités”)  1997, c. 21, Sched. B, s. 4 (1); 2006, c. 32, Sched. C, s. 54. Application to new city (2) This Act applies upon the incorporation of the new City of Toronto.  1997, c. 21, Sched. B, s. 4 (2). Predecessor and successor employers (3) For the purposes of this Act, the old municipalities are the predecessor employers and the new city is the successor employer.  1997, c. 21, Sched. B, s. 4 (3). Changeover date (4) For the purposes of this Act, the changeover date is January 1, 1998.  1997, c. 21, Sched. B, s. 4 (4). Section Amendments with date in force (d/m/y) 2006, c. 32, Sched. C, s. 54 - 01/01/2007 2018, c. 3, Sched. 5, s. 53 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (2) - not in force
5 (1) This Act applies upon the establishment of a local board of the new City of Toronto to which the employees of one or more local boards of the old municipalities are transferred during the transitional period. Predecessor and successor employers (2) For the purposes of this Act, the local boards of the old municipalities are the predecessor employers and the local board of the new city is the successor employer. Changeover date (3) For the purposes of this Act, the changeover date is the earliest date on which employees are transferred to the local board of the new city.  1997, c. 21, Sched. B, s. 5.
6 (1) This Act applies upon the establishment of the Toronto Hydro-Electric Commission under section 9 of the City of Toronto Act, 1997. Predecessor and successor employers (2) For the purposes of this Act, the predecessor employers are the public utilities commissions dissolved under subsection 28 (3) of the City of Toronto Act, 1997 and the new Commission is the successor employer. Changeover date (3) For the purposes of this Act, the changeover date is January 1, 1998.  1997, c. 21, Sched. B, s. 6.
7 (1) This Act applies upon the assumption by a district school board of the jurisdiction of two or more old boards or of the minority language section of two or more old boards. Predecessor and successor employers (2) For the purposes of this Act, the old boards are the predecessor employers and the district school board is the successor employer.  1997, c. 21, Sched. B, s. 7 (1, 2). Limitation on application (3) This Act does not apply in respect of members of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014. 1997, c. 31, s. 168 (1); 2014, c. 5, s. 53. Changeover date (4) For the purposes of this Act, the changeover date is January 1, 1998.  1997, c. 21, Sched. B, s. 7 (4). Interpretation (5) The terms relating to education that are used in this section have the same meaning as in the Education Act.  1997, c. 31, s. 168 (2). Section Amendments with date in force (d/m/y) 1997, c. 31, s. 168 (1, 2) - 01/01/1998 2014, c. 5, s. 53
- 24/04/2014 Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2023, c. 19, s. 25 (1)) Amalgamation into Service Organization 8.0.1 (1) In this section, “predecessor corporations” has the same meaning as in Part III.1 of the Connecting Care Act, 2019; (“personnes morales remplacées”) “Service Organization” has the same meaning as in the Connecting Care Act, 2019. (“Organisme de services”) 2023, c. 19, s. 25 (1). Application (2) This Act applies upon the amalgamation of the predecessor corporations into the Service Organization under Part III.1 of the Connecting Care Act, 2019. 2023, c. 19, s. 25 (1). Predecessor and successor employers (3) For the purposes of this Act, the predecessor corporations are the predecessor employers and the Service Organization is the successor employer. 2023, c. 19, s. 25 (1). Changeover date (4) For the purposes of this Act, the changeover date is the day that section 9 of the Convenient Care at Home Act, 2023 comes into force. 2023, c. 19, s. 25 (1). Section Amendments with date in force (d/m/y) 2023, c. 19, s. 25 (1) - not in force
8 (1) This Act applies upon, (a)  the amalgamation of two or more health service providers; and (b)  the transfer of all, or substantially all, of the assets of one health service provider to another health service provider. 2019, c. 7, Sched. 53, s. 2. Predecessor and successor employers (2) For the purposes of this Act, (a)  for the event described in clause (1) (a), the health service providers that are amalgamated are the predecessor employers and the health service provider that exists when the amalgamation takes effect is the successor employer; and (b)  for the event described in clause (1) (b), the health service provider from which the assets are transferred is the predecessor employer and the health service provider to which the assets are transferred is the successor employer. 2019, c. 7, Sched. 53, s. 2. Changeover date (3) For the purposes of this Act, (a)  for the event described in clause (1) (a), the changeover date is the date on which the amalgamation takes effect; and (b)  for the event described in clause (1) (b), the changeover date is the date on which transfer takes effect. 2019, c. 7, Sched. 53, s. 2. Definition (4) In this section, “health service provider” means a health service provider within the meaning of subsection 1 (2) of the Connecting Care Act, 2019. 2019, c. 7, Sched. 53, ss. 2, 9 (4, 5). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (3)
- 28/03/2006 2019, c. 7, Sched. 53, s. 2 - 29/05/2019; 2019, c. 7, Sched. 53, s. 9 (4) - 06/06/2019; 2019, c. 7, Sched. 53, s. 9 (5) - 01/04/2021
8.1 (1) This Act applies upon the amalgamation of two or more children’s aid societies. 2017, c. 14, Sched. 4, s. 32. Predecessor and successor employers (2) For the purposes of this Act, the children’s aid societies that are amalgamated are the predecessor employers and the children’s aid society that exists when the amalgamation takes effect is the successor employer. 2017, c. 14, Sched. 4, s. 32. Changeover date (3) For the purposes of this Act, the changeover date is the date on which the amalgamation takes effect. 2017, c. 14, Sched. 4, s. 32. Definition (4) In this section, “children’s aid society” means a corporation that is a children’s aid society under the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 32. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 32 - 30/04/2018 9 Repealed: 2019, c. 7, Sched. 53, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (4)
- 28/03/2006; 2006, c. 35, Sched. D, s. 5 (1-3) - 20/12/2006 2019, c. 7, Sched. 53, s. 3 - 29/05/2019
10 (1) This Act applies in such other circumstances as may be prescribed upon the occurrence of a prescribed event.  1997, c. 21, Sched. B, s. 10 (1); 2006, c. 4, s. 42 (5). Predecessor and successor employers (2) For the purposes of this Act, the predecessor and successor employers are the persons prescribed as such in connection with a prescribed event.  1997, c. 21, Sched. B, s. 10 (2). Changeover date (3) For the purposes of this Act, the changeover date is the date prescribed as such in connection with a prescribed event.  1997, c. 21, Sched. B, s. 10 (3). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (5)
- 28/03/2006
11 (1) This Act binds the Crown.  1997, c. 21, Sched. B, s. 11. Crown not successor employer (2) Despite anything in this Act, the Crown shall not be considered a successor employer.  2006, c. 35, Sched. D, s. 6. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 11 (2) of the Act is repealed and the following substituted: (See: 2023, c. 19, s. 25 (2)) Crown not successor employer (2) Subject to subsection (3) and despite anything else in this Act, the Crown shall not be considered a successor employer. 2023, c. 19, s. 25 (2). Exception (3) Subsection (2) does not apply to the amalgamation described in section 8.0.1. 2023, c. 19, s. 25 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 6 - 20/12/2006 2023, c. 19, s. 25 (2) - not in force
12 (1) Section 36 (re seniority) of this Act applies with respect to the sale of a business, but only if the person to whom the business is sold is, (a)  a municipality or local board; (b)  a district school board as defined in subsection 1 (1) of the Education Act; (c)  a person who operates a hospital or who will do so following the sale; or (d)  a prescribed person or a member of a prescribed class of persons.  1997, c. 21, Sched. B, s. 12 (1); 2006, c. 4, s. 42 (6); 2006, c. 35, Sched. D, s. 7 (1). Exception (2) Section 36 does not apply with respect to an event to which this Act applies in accordance with sections 3 to 10. 2019, c. 7, Sched. 53, s. 4. (3) Repealed:  2006, c. 35, Sched. D, s. 7 (2). Application, even if no bargaining agent (4) Section 36 applies to a sale of a business whether or not any employees of the seller are represented by a bargaining agent.  1997, c. 21, Sched. B, s. 12 (4). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (6, 7)
- 28/03/2006; 2006, c. 35, Sched. D, s. 7 (1, 2) - 20/12/2006 2019, c. 5, Sched. 3, s. 20 (4, 5) - no effect - see 2019, c. 7, Sched. 53, s. 4 - 29/05/2019; 2019, c. 7, Sched. 53, s. 4 - 29/05/2019
13 (1) Subject to subsection (2), section 69 of the Labour Relations Act, 1995 does not apply with respect to an event to which this Act applies in accordance with sections 3 to 10. 2019, c. 7, Sched. 53, s. 5. Same (2) If the Crown would, in the absence of subsection 11 (2), be a successor employer on the occurrence of an event described in subsection (1), the following apply: 1.  Nothing in this Act shall be interpreted to prevent the application of section 69 of the Labour Relations Act, 1995 with respect to, i.  the Crown and the event, or ii.  the Crown and the part of the event that pertains to the Crown, if there are other successor employers. 2.  If one or more employers other than the Crown are successor employers on the occurrence of the event, section 69 of the Labour Relations Act, 1995 does not apply with respect to those employers and the part of the event that pertains to them.  2006, c. 35, Sched. D, s. 8 (2). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (8)
- 28/03/2006; 2006, c. 35, Sched. D, s. 8 (1, 2) - 20/12/2006 2019, c. 5, Sched. 3, s. 20 (6, 7) - no effect - see 2019, c. 7, Sched. 53, s. 5 - 29/05/2019; 2019, c. 7, Sched. 53, s. 5 - 29/05/2019 Status of Collective Agreements, etc., on the Changeover Date
14 (1) On the changeover date, each bargaining agent that had bargaining rights in respect of a bargaining unit of a predecessor employer immediately before the changeover date has bargaining rights in respect of a like bargaining unit of the successor employer, but the description of the bargaining unit shall be such as to include only, (a)  employees who immediately before the changeover date were employees of the predecessor employer in the bargaining unit for which the bargaining agent had bargaining rights; and (b)  employees who are hired to replace employees described in clause (a).  1997, c. 21, Sched. B, s. 14 (1). (2) Repealed:  2006, c. 35, Sched. D, s. 9 (1). Exclusion of certain employees (3) For greater certainty, none of the following, other than employees described in clause (1) (b), become members of a bargaining unit as a result of the operation of this section: 1.  Repealed:  2006, c. 35, Sched. D, s. 9 (2). 2.  An employee of the successor employer who, immediately before the changeover date, was not employed in a bargaining unit of a predecessor employer.  1997, c. 21, Sched. B, s. 14 (3); 2006, c. 35, Sched. D, s. 9 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 9 (1, 2) - 20/12/2006
16 Nothing in this Act requires a successor employer to hire any employee of a predecessor employer except to the extent that the successor employer may be required to do so under a collective agreement that binds the successor employer.  1997, c. 21, Sched. B, s. 16.
17 If, under this Act, a trade union is made the bargaining agent of the employees in a bargaining unit, the trade union shall be deemed to have been certified or chosen as such for the purposes of the Fire Protection and Prevention Act, 1997, the Labour Relations Act, 1995 and the Police Services Act.  1997, c. 21, Sched. B, s. 17. Note: On a day to be named by proclamation of the Lieutenant Governor, section 17 of the Act is amended by striking out “Police Services Act” at the end and substituting “Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 51 (3)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 53 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (3) - not in force
18 (1) On the changeover date, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the
Police Services Act for the purpose of endeavouring to effect a collective agreement between a predecessor employer and a bargaining agent with respect to employees described in subsection 14 (1) is terminated. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 18 (1) of the Act is amended by striking out “section 121 of the Police Services Act” and substituting “section 226 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 51 (4)) No appointments (2) No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement for a bargaining unit on or after the changeover date unless the description of the bargaining unit is agreed upon by the employer and the bargaining agent under section 20 or the description of the bargaining unit is determined in an order under section 22. Duty to bargain terminated (3) No bargaining agent is under an obligation to bargain as a result of a notice to bargain given by a predecessor employer and no successor employer is under an obligation to bargain as a result of a notice to bargain given to a predecessor employer. No notice to bargain to be given (4) No bargaining agent or employer shall give notice to bargain for a collective agreement for a bargaining unit under section 47 of the Fire Protection and Prevention Act, 1997
or section 16 or 59 of the Labour Relations Act, 1995
on or after the changeover date unless the description of the bargaining unit is agreed upon by the employer and the bargaining agent under section 20 or the description of the bargaining unit is determined in an order under section 22. Same, interest arbitrations (5) On the changeover date, interest arbitrations in which a final decision has not been issued are terminated in relation to a predecessor or successor employer.  1997, c. 21, Sched. B, s. 18. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 53 (4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (4) - not in force Right to take industrial action
19 (1) No employee who is a member of a bargaining unit established under this Act shall strike against a successor employer unless notice to bargain is given under this or another Act after the changeover date. An employee’s right, if any, to strike after that date is determined under the Act that otherwise governs collective bargaining for him or her. Right to lock-out (2) No successor employer shall lock out an employee who is a member of a bargaining unit established under this Act unless notice to bargain is given under this or another Act after the changeover date. The employer’s right, if any, to lock out employees after that date is determined under the Act that otherwise governs collective bargaining in respect of the employees. Enforcement (3) Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of this section.  1997, c. 21, Sched. B, s. 19. Modification of the Act to Partial Integrations
19.1 (1) This section and sections 19.2 to 19.6 clarify how sections 14 to 18 of this Act shall be modified to apply in the case of a partial integration.  2006, c. 4, s. 42 (9). Interpretation (2) In this section and in sections 19.2 to 19.6, “non-affected bargaining unit” means, with respect to a predecessor employer that is subject to a partial integration, a bargaining unit of the employer in respect of which none of the programs, services or functions performed by employees in the unit are transferred to or otherwise integrated with a successor employer; (“unité de négociation non touchée”) “partial integration” means an event to which this Act applies where, (a)  some or all of the programs, services or functions performed by employees in a particular bargaining unit at a predecessor employer are transferred to or otherwise integrated with a successor employer, and (b)  on and after the changeover date, the predecessor employer continues to operate; (“intégration partielle”) “predecessor bargaining unit” means a bargaining unit of a predecessor employer in respect of which, (a)  a bargaining agent has bargaining rights, and (b)  some or all of the programs, services or functions performed by employees in the unit are transferred to or otherwise integrated with a successor employer; (“unité de négociation précédente”) “successor bargaining unit” means a bargaining unit of a successor employer in respect of which, on and after the changeover date, a bargaining agent has bargaining rights in accordance with subsection 19.2 (2). (“unité de négociation qui succède”)  2006, c. 4, s. 42 (9). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006
19.2 (1) Subsection 14 (1) applies to a partial integration in accordance with this section.  2006, c. 4, s. 42 (9). Same (2) On the changeover date, each bargaining agent that has bargaining rights in respect of a predecessor bargaining unit immediately before the changeover date has bargaining rights in respect of a like bargaining unit at the successor employer, but the description of the bargaining unit shall be such as to include only, (a)  employees who, immediately before the changeover date, (i)  were employees of the predecessor employer in the bargaining unit for which the bargaining agent has bargaining rights, and (ii)  were employed in the delivery of programs, services or functions that are being transferred to or otherwise integrated with the successor employer; and (b)  employees who are hired to replace employees described in clause (a).  2006, c. 4, s. 42 (9). No rights re non-affected bargaining unit (3) For greater certainty, a bargaining agent that has bargaining rights in respect of a non-affected bargaining unit does not have bargaining rights in respect of a like bargaining unit at the successor employer on the changeover date.  2006, c. 4, s. 42 (9). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006
19.3 Subsection 14 (3) and sections 15, 16 and 17 apply, with necessary modifications, to a partial integration.  2006, c. 4, s. 42 (9); 2006, c. 35, Sched. D, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006; 2006, c. 35, Sched. D, s. 11 - 20/12/2006
19.4 (1) Subsections 18 (1) and (2) apply to a partial integration in accordance with this section.  2006, c. 4, s. 42 (9). Existing appointment (2) Where a conciliation officer has been appointed under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 121 of the Police Services Act for the purpose of endeavouring to effect a collective agreement between a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit or a non-affected bargaining unit, the appointment continues to be valid on the changeover date with respect to those parties.  2006, c. 4, s. 42 (9). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 19.4 (2) of the Act is amended by striking out “section 121 of the Police Services Act” and substituting “section 226 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 51 (5)) Same – successor employer (3) A conciliation officer described in subsection (2) has no status with respect to a successor employer and a bargaining agent that has bargaining rights in respect of a successor bargaining unit and his or her appointment shall not be interpreted as giving him or her the authority to endeavour to effect a collective agreement between those parties.  2006, c. 4, s. 42 (9). No appointments (4) Subsection 18 (2) applies, with necessary modifications, with respect to a successor bargaining unit and no conciliation officer shall be appointed in respect of a dispute concerning a collective agreement for a successor bargaining unit on or after the changeover date unless the conditions described in subsection 18 (2) are satisfied.  2006, c. 4, s. 42 (9). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006 2018, c. 3, Sched. 5, s. 53 (5) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (5) - not in force
19.5 (1) Subsections 18 (3) and (4) apply to a partial integration in accordance with this section.  2006, c. 4, s. 42 (9). Existing notice to bargain (2) If, before the changeover date, a notice to bargain had been given by either of a predecessor employer or a bargaining agent that had bargaining rights in respect of a predecessor bargaining unit or a non-affected bargaining unit to the other, the notice continues to be valid between those parties on the changeover date.  2006, c. 4, s. 42 (9). Same – successor employer (3) A notice to bargain described in subsection (2) does not apply with respect to a successor employer and the bargaining agent that has bargaining rights in respect of a successor bargaining unit and neither of those parties is under an obligation to bargain as a result of the notice.  2006, c. 4, s. 42 (9). New notice to bargain – predecessor employer (4) Subsection 18 (4) does not apply with respect to a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit or non-affected bargaining unit and either of those parties may give notice to bargain for a collective agreement on or after the changeover date if entitled to do so under section 47 of the Fire Protection and Prevention Act, 1997 or under section 16 or 59 of the Labour Relations Act, 1995.  2006, c. 4, s. 42 (9). Same – successor employer (5) Subsection 18 (4) applies, with necessary modifications, with respect to a successor employer and a bargaining agent that has bargaining rights in respect of a successor bargaining unit and neither of those parties shall give notice to bargain for a collective agreement unless the conditions described in subsection 18 (4) are satisfied.  2006, c. 4, s. 42 (9). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006
19.6 (1) Subsection 18 (5) applies to a partial integration in accordance with this section.  2006, c. 4, s. 42 (9). Existing arbitrations (2) Subsection 18 (5) does not apply with respect to a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit or non-affected bargaining unit and interest arbitrations in relation to those parties in which a final decision was not issued before the changeover date continue on and after the changeover date unless the arbitrations are otherwise lawfully terminated.  2006, c. 4, s. 42 (9). Same – further submissions (3) With respect to interest arbitrations described in subsection (2) in which the parties are a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit, the arbitrator or arbitration board shall not issue a final decision without giving those parties full opportunity to make further submissions that address the partial integration, regardless of whether the time in which parties were permitted to present evidence and make submissions in the arbitrations has passed.  2006, c. 4, s. 42 (9). Procedure (4) An arbitrator or arbitration board shall determine its own procedure for the purposes of subsection (3).  2006, c. 4, s. 42 (9). Arbitrations – successor employer (5) Interest arbitrations in relation to a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit in which a final decision was not issued before the changeover date do not apply in relation to a successor employer and a bargaining agent that has bargaining rights in respect of a successor bargaining unit and the previous appointment of an arbitrator or arbitration board shall not be interpreted as giving it the authority to make a decision respecting the successor employer and bargaining unit.  2006, c. 4, s. 42 (9). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9)
- 28/03/2006 Alterations to Bargaining Units, etc., after the Changeover Date
20 (1) On or after the changeover date, a successor employer and all of the bargaining agents that represent employees of the successor employer to whom the Labour Relations Act, 1995 applies may agree to change the number and description of the bargaining units in respect of which the bargaining agents have bargaining rights. Same (2) Despite subsection (1), a successor employer and two or more but not all of the bargaining agents that represent employees of the successor employer to whom the Labour Relations Act, 1995 applies may agree to change the number and description of the bargaining units in respect of which they have bargaining rights if the agreement does not change or affect the description of any other bargaining unit and does not result in employees who were not in any bargaining unit being included in a bargaining unit. Firefighters (3) Subsections (1) and (2) apply, with necessary modifications, in respect of employees to whom the Fire Protection and Prevention Act, 1997 applies. Agreement not to change (4) On or after the changeover date, the employer and a bargaining agent may agree not to change the description of the bargaining unit in respect of which the bargaining agent has bargaining rights. Restriction re description (5) An agreement must not result in a bargaining unit that includes employees whose labour relations are governed by the Fire Protection and Prevention Act, 1997 or the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by the same Act. Exception (6) Despite subsection (5), an agreement may result in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act
together with employees whose labour relations are not governed by that Act if one of the bargaining agents that is a party to the agreement has bargaining rights under section 14 in respect of such a unit of the successor employer and the bargaining unit that results from the agreement includes only employees who, before the agreement comes into effect, (a)  are in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by that Act; or (b)  are not in a bargaining unit. Commencement (7) An agreement does not come into effect until it is executed by the employer and every bargaining agent that is a party to the agreement. Same (8) An agreement described in subsection (1) or (2) does not come into effect until the related agreement under section 21 or the related order under section 23 comes into effect.  1997, c. 21, Sched. B, s. 20.
21 (1) If an agreement is made under section 20, all of the bargaining agents that are parties to the agreement may agree upon which bargaining agent will represent each bargaining unit that results from the agreement. Commencement (2) An agreement under this section does not come into effect until it is executed by every bargaining agent that is a party to the agreement and a copy of it is given to the successor employer. Effect of agreement (3) When the agreement comes into effect, the agreed bargaining agent is the only bargaining agent representing the employees in a bargaining unit. All other bargaining agents cease to represent the employees in the unit. Request for order (4) If no agreement is in effect within 10 days after the related agreement under section 20 is executed, the successor employer or a bargaining agent may request the Board to determine which of the bargaining agents represents each bargaining unit that results from the agreement.  1997, c. 21, Sched. B, s. 21.
26 (1) This section applies if a new bargaining unit is established or the description of a bargaining unit is changed by an agreement under section 20 or an order under section 22. If one collective agreement applies (2) If only one collective agreement applies to any employees in the bargaining unit, the grievance provisions in it apply to all employees in the bargaining unit. If two or more agreements apply (3) If two or more collective agreements containing grievance provisions apply to employees in the bargaining unit the following apply: 1.  If the bargaining agent representing the employees in the bargaining unit was a party to one of the collective agreements immediately before the changeover date, the grievance provisions contained in that collective agreement apply to all employees in the bargaining unit. 2.  If the bargaining agent representing the employees in the bargaining unit was a party to more than one of the collective agreements immediately before the changeover date, the grievance provisions of the collective agreement containing the seniority provisions that apply under paragraph 2 of subsection 25 (3) apply to the employees in the bargaining unit. New bargaining agent (4) If two or more collective agreements apply to employees in the bargaining unit but the bargaining agent representing the employees in the bargaining unit was not a party to any of them immediately before the changeover date, the grievance provisions of the collective agreement containing the seniority provisions that apply under subsection 25 (4) apply to the employees in the bargaining unit. Other grievance provisions voided (5) If a grievance provision that would not apply to an employee in the bargaining unit under section 24 is made applicable to an employee under this section, any grievance provision in the collective agreement, if any, that would apply to the employee under section 24 or in the employee’s contract of employment is void. Section ceases to apply (6) This section ceases to apply when the first collective agreement is made after notice to bargain is given in the following circumstances: 1.  A party gives notice to bargain under this Act. 2.  A party to a collective agreement continued under subsection 24 (2), a composite agreement or a replacement agreement gives notice to bargain under subsection 47 (2) of the Fire Protection and Prevention Act, 1997 or section 59 of the Labour Relations Act, 1995. Definition (7) In this section, “grievance provision” means a provision that sets out a grievance procedure including the procedure for arbitrating a grievance and any restrictions on the right to grieve.  1997, c. 21, Sched. B, s. 26.
27 If a dispute arises about the application of section 24, 25 or 26, the employer or the bargaining agent may apply to the Board for an order resolving the dispute.  1997, c. 21, Sched. B, s. 27.
28 (1) Subsections (2) and (3) apply if an order under section 22 is requested. Same, employees not in bargaining unit (2) During the period beginning 10 days after the order is requested and ending when the order is made, no person may apply for certification of a bargaining agent to represent employees of the successor employer who are not members of a bargaining unit when the order is requested. Same, employees in bargaining unit (3) During the period beginning when the order is requested and ending when the first collective agreement between the parties comes into operation after a collective agreement continued under subsection 24 (2) or a composite agreement expires, no person may apply, (a)  for a declaration that the trade union no longer represents the employees in the bargaining unit; or (b)  for the certification of a different bargaining agent to represent the employees in the bargaining unit. Thereafter, the right of a person to make the application is determined under the Act that otherwise governs collective bargaining in respect of the employees. Same, agreement (4) Subsection (3) applies with necessary modifications if an agreement under section 20 is in effect and, for that purpose, the applicable period begins when the agreement comes into effect.  1997, c. 21, Sched. B, s. 28. Replacing Collective Agreements
29 (1) A successor employer and the bargaining agent may agree to replace the composite agreement with respect to a bargaining unit with one of the agreements included in it and may amend the replacement agreement. Seniority (2) Section 33 applies to the replacement agreement if it provides that employees have rights that depend upon their seniority. Request for order re seniority (3) If the replacement agreement provides that employees have rights that depend upon their seniority, the successor employer or the bargaining agent may request the Board to determine the method to be used to determine employees’ seniority.  1997, c. 21, Sched. B, s. 29.
30 (1) Upon the request of both parties, the Board may by order replace a composite agreement with respect to a bargaining unit with one of the agreements included in the composite agreement. Restriction re order (2) The Board shall select as the replacement agreement the included agreement that is the most appropriate one to apply with respect to all employees in the bargaining unit. Same (3) The order must not amend the replacement agreement except as permitted by this section. Definition of bargaining unit (4) The order may amend the description of the bargaining unit to reflect the related agreement under section 20 or order under section 22. Seniority (5) Section 33 applies to the replacement agreement if it provides that employees have rights that depend upon their seniority. Term of replacement agreement (6) The order may specify that the replacement agreement ceases to operate one year after the date on which the related agreement under section 20 or order under section 22 comes into effect or on such other date as the order may provide. Same re police (7) Subsection (6) shall not be interpreted so as to affect the operation of section 129 of the Police Services Act.  1997, c. 21, Sched. B, s. 30. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 30 (7) of the Act is amended by striking out “section 129 of the Police Services Act” at the end and substituting “section 234 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 51 (7)) Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 53 (7) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (7) - not in force
31 (1) A party to a collective agreement continued under subsection 24 (2), a composite agreement or, if both parties agree in writing that it may be done, a replacement agreement, may give notice in writing to the other party of its desire to bargain with a view to replacing the existing collective agreement with a new collective agreement. Effect of notice (2) The notice has the same effect as a notice given under subsection 47 (2) of the Fire Protection and Prevention Act, 1997 or section 59 of the Labour Relations Act, 1995. Termination of existing agreement (3) The existing collective agreement ceases to operate 90 days after the day on which the notice is given.  1997, c. 21, Sched. B, s. 31.
32 (1) Section 43 of the Labour Relations Act, 1995 applies, with necessary modifications, with respect to the new collective agreement referred to in subsection 31 (1) as though the new collective agreement was a first collective agreement. 1997, c. 21, Sched. B, s. 32 (1); 2017, c. 22, Sched. 2, s. 18; 2018, c. 14, Sched. 2, s. 23. Same (2) References to length of service in clause 43 (14) (b) of the Labour Relations Act, 1995 shall be deemed, for the purposes of the application of that clause under subsection (1), to be references to seniority rights. 1997, c. 21, Sched. B, s. 32 (2); 2017, c. 22, Sched. 2, s. 18; 2018, c. 14, Sched. 2, s. 23. Factors to consider (3) In making a decision under section 43 of the Labour Relations Act, 1995, as that section applies under subsection (1), a board of arbitration shall take into consideration all factors it considers relevant, including the following criteria: 1.  The employer’s ability to pay in light of its fiscal situation. 2.  The extent to which services may have to be reduced, in light of the board’s decision, if current funding and taxation levels are not increased. 3.  The economic situation in Ontario and in the part of Ontario where the employer is located. 4.  A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed. 5.  The employer’s ability to attract and retain qualified employees. 1997, c. 21, Sched. B, s. 32 (3); 2017, c. 22, Sched. 2, s. 18; 2018, c. 14, Sched. 2, s. 23. Application of section (4) This section applies only to parties whose labour relations are governed by the Labour Relations Act, 1995
and to whom the Hospital Labour Disputes Arbitration Act does not apply.  1997, c. 21, Sched. B, s. 32 (4). Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 18 - 01/01/2018 2018, c. 14, Sched. 2, s. 23 - 21/11/2018 Seniority of Employees in a Bargaining Unit
34 (1) Following a request under subsection 29 (3) or when making an order under section 30, the Board may by order determine the method to be used to determine the seniority of the employees in a bargaining unit for the purposes of a replacement agreement.  1997, c. 21, Sched. B, s. 34 (1). Presumption of dovetailing, unit wide seniority (2) Unless the Board considers it inappropriate in the circumstances, an order under subsection (1) must require that, to the extent possible, the seniority of employees must be based solely on a common definition of seniority and determined with reference to the bargaining unit as a whole and not to only a part or parts of it.  1997, c. 21, Sched. B, s. 34 (2). Mandatory rules (3) Subsections 33 (3) and (4) apply with respect to an order under subsection (1).  1997, c. 21, Sched. B, s. 34 (3); 2006, c. 35, Sched. D, s. 14. Order to meet (4) Without making an order under subsection (1), the Board may order the parties to meet to endeavour to reach an agreement about the method to be used to determine the seniority of the employees.  1997, c. 21, Sched. B, s. 34 (4). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 14 - 20/12/2006
35 (1) After notice to bargain is given under this Act and before a collective agreement is executed, either party may request the Board to determine the method to be used to determine the seniority of the employees in the bargaining unit.  1997, c. 21, Sched. B, s. 35 (1). Same (2) The Board may make an order respecting the method to be used to determine seniority.  1997, c. 21, Sched. B, s. 35 (2). Same (3) Subsections 33 (3) and (4) and 34 (2) apply with necessary modifications with respect to an order under subsection (2).  1997, c. 21, Sched. B, s. 35 (3); 2006, c. 35, Sched. D, s. 15. Order to meet (4) Without making an order under subsection (2), the Board may order the parties to meet to endeavour to reach an agreement about the method to be used to determine the seniority of the employees.  1997, c. 21, Sched. B, s. 35 (4). Referral to arbitration (5) If matters in dispute between the parties have been referred to arbitration, the Board may refer the request to the arbitrator or arbitration board for resolution.  1997, c. 21, Sched. B, s. 35 (5). Notice of order (6) If matters in dispute between the parties have been referred to arbitration and the Board makes an order under subsection (2), the employer shall promptly give a copy of the order to the arbitrator or arbitration board.  1997, c. 21, Sched. B, s. 35 (6). Conflict (7) An order of the Board under subsection (2) prevails over a decision of an arbitrator or arbitration board to the extent of any conflict or inconsistency.  1997, c. 21, Sched. B, s. 35 (7). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 15 - 20/12/2006