140 (1) A public servant described in subsection (2), (3) or (4) may complain under this section that he or she has suffered a reprisal prohibited by section 139.  2006, c. 35, Sched. A, s. 140 (1). Public servant subject to collective agreement (2) A public servant who is subject to the terms and conditions of a collective agreement may have the complaint dealt with by final and binding settlement by arbitration in accordance with the agreement or may file the complaint with the Ontario Labour Relations Board.  2009, c. 33, Sched. 17, s. 10 (15). Public servant not subject to collective agreement (3) A public servant employed under Part III who is not subject to the terms and conditions of a collective agreement may file the complaint with the Public Service Grievance Board.  2009, c. 33, Sched. 17, s. 10 (15). Other public servant (4) A public servant employed by a public body who is not subject to the terms and conditions of a collective agreement may file the complaint with the Ontario Labour Relations Board.  2009, c. 33, Sched. 17, s. 10 (15). Inquiry by Board (5) The Ontario Labour Relations Board may inquire into a complaint filed under subsection (2) or (4) and section 96 of the Labour Relations Act, 1995, except subsection (5), applies with necessary modifications as if such section, except subsection (5), is enacted in and forms part of this Act.  2006, c. 35, Sched. A, s. 140 (5). Same (6) On an inquiry by the Ontario Labour Relations Board into a complaint filed under subsection (2) or (4), sections 110, 111, 114 and 116 of the Labour Relations Act, 1995
apply with necessary modifications.  2006, c. 35, Sched. A, s. 140 (6). Exception (7) Despite anything in this section, a person who is subject to a rule or code of discipline under the Police Services Act shall have his or her complaint dealt with under that Act.  2006, c. 35, Sched. A, s. 140 (7). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 140 (7) of the Act is amended by striking out “subject to a rule or code of discipline under the Police Services Act shall have his or her complaint dealt with under that Act” at the end and substituting “a police officer under the Community Safety and Policing Act, 2019 shall have his or her complaint dealt with under section 191 of that Act”. (See: 2019, c. 1, Sched. 4, s. 52 (3)) Order (8) If the Public Service Grievance Board, the Ontario Labour Relations Board or the Grievance Settlement Board determines, on the completion of an inquiry into a complaint filed under subsection (2), (3) or (4), that a reprisal has been taken in contravention of subsection 139 (1), the Board may make an order that it considers just and reasonable in the circumstances, directing the relevant ministry or public body or a person acting on behalf of the ministry or public body to do or refrain from doing anything in relation to the contravention.  2006, c. 35, Sched. A, s. 140 (8). Same (9) Without limiting the generality of subsection (8), an order under that subsection may direct that the ministry or public body, or a person acting on behalf of the ministry or public body, do one or more of the following: 1.  Cease doing an act or acts complained of under subsection (1). 2.  Take steps to rectify harm related to a complaint under subsection (1). 3.  Reinstate the employment of a public servant whose employment was terminated. 4.  Compensate the public servant for loss of any remuneration, including benefits.  2006, c. 35, Sched. A, s. 140 (9). Same (10) Without limiting the generality of subsection (8), where the board is of the view that continuation of the employment relationship is inappropriate, the board may direct the ministry or public body, or person acting on behalf of the ministry or public body to terminate the public servant’s employment and provide compensation in lieu of reasonable notice of the termination.  2006, c. 35, Sched. A, s. 140 (10). Same (11) A board may not make an order under subsection (8) for punitive damages or for costs.  2006, c. 35, Sched. A, s. 140 (11). Same (12) Where a board has made a finding under subsection (8) that a reprisal has been taken, the board shall inform the Integrity Commissioner of the finding.  2006, c. 35, Sched. A, s. 140 (12). Onus of proof (13) On an inquiry into a complaint filed with the Public Service Grievance Board, the Ontario Labour Relations Board or the Grievance Settlement Board under this section, the burden of proof that an employer or a person acting on behalf of an employer did not act contrary to subsection 139 (1) lies on the employer or the person acting on behalf of the employer.  2006, c. 35, Sched. A, s. 140 (13). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 17, s. 10 (15) - 15/12/2009 2018, c. 3, Sched. 5, s. 54 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 52 (3) - not in force