33 (1) Subject to subsection (2), the requirements set out in this section apply with respect to a collective agreement that provides that employees have rights that depend upon their seniority.  1997, c. 21, Sched. B, s. 33 (1). Same (2) The requirements apply only with respect to the first collective agreement 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, section 59 of the Labour Relations Act, 1995 or section 119 of the Police Services Act.  1997, c. 21, Sched. B, s. 33 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 33 (2) of the Act is amended by striking out “section 119 of the Police Services Act” at the end and substituting “section 224 of the Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 51 (8)) Seniority for prior employment (3) If an employee in the bargaining unit was employed by a predecessor employer immediately before the changeover date but was not a member of a bargaining unit, the employee shall be accorded seniority on the same basis as other employees in the bargaining unit and, without restricting generality of the foregoing, (a)  if the collective agreement provides that seniority includes all periods of employment with the employer and all periods of employment with a predecessor employer, his or her seniority shall include all periods of employment with the employer and all periods of employment with a predecessor employer; (b)  if the collective agreement provides that seniority includes all periods of employment in the bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit of the employer and all periods of employment with a predecessor employer in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit; and (c)  if the collective agreement provides that seniority includes all periods of employment in the bargaining unit or in a similar bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit or similar bargaining unit of the employer and all periods of employment with a predecessor employer in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit or similar bargaining unit.  1997, c. 21, Sched. B, s. 33 (3). Exception, certain municipal employees (4) Subsection (3) does not apply with respect to an employee to whom an order made under subsection 12.9 (5) of Ontario Regulation 143/96 (“Powers of the Minister or a Commission for the Implementation of a Restructuring Proposal”) applies.  1997, c. 21, Sched. B, s. 33 (4); 2002, c. 17, Sched. F, Table. (5) Repealed:  2006, c. 35, Sched. D, s. 13. Section Amendments with date in force (d/m/y) 2002, c. 17, Sched. F, Table - 01/01/2003 2006, c. 35, Sched. D, s. 13 - 20/12/2006 2018, c. 3, Sched. 5, s. 53 (8) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (8) - not in force