jswizzle3737/ontario_laws_and_regs huggingface dataset:
Compliance reports
3. (1) Every board shall give the Minister a report respecting its application of and compliance with section 2 that addresses the matters specified by the Minister for the purpose. 2012, c. 11, s. 3 (1). Same (2) Each report shall be submitted in such form and manner as may be required by the Minister within the time required by the Minister. 2012, c. 11, s. 3 (2). Same (3) Each report shall include a statement signed by the board’s director of education certifying whether the board has complied with section 2. 2012, c. 11, s. 3 (3). Legislation Act, 2006 (4) Part III (Regulations) of the Legislation Act, 2006 does not apply to specifications or requirements imposed by the Minister under this section. 2012, c. 11, s. 3 (4). Employees Who Bargain Collectively
Restrictions when no collective agreement in operation
5. (1) A board and an employee bargaining agent shall not, at any time during the restraint period when no collective agreement is in operation, apply, agree to or implement any terms or conditions of employment that are inconsistent with the terms described in subsection 4 (1), and any such terms or conditions that are applied, agreed to or implemented are deemed to be inoperative to the extent of the inconsistency. 2012, c. 11, s. 5 (1). Same (2) If the restraint period for an employee began before the day this subsection comes into force, any terms and conditions of employment that applied or were agreed to or implemented before that day and during any period after the first day of the restraint period for which no collective agreement was in operation are deemed to have been inoperative to the extent of any inconsistency with the terms described in subsection 4 (1), as of the later of the first day of the restraint period and the day the terms or conditions were first applied, agreed to or implemented. 2012, c. 11, s. 5 (2).
Collective agreement shall have two-year terms
6. (1) The first collective agreement settled between a board and an employee bargaining agent that applies during the restraint period shall provide for a term of two years. 2012, c. 11, s. 6 (1). Deemed term (2) A collective agreement described in subsection (1) that does not provide for a term of two years is deemed to provide for it. 2012, c. 11, s. 6 (2). Education Act (3) Clause 277.11 (1) (a) of the Education Act does not apply to permit a collective agreement with a commencement date of September 1, 2012 to have a four-year term. 2012, c. 11, s. 6 (3).
Prescribed collective agreement
10. (1) The Lieutenant Governor in Council may impose by regulation a collective agreement on a board, employee bargaining agent and the employees of the board who are represented by the employee bargaining agent and, in that case, (a) the collective agreement applies to the board, employee bargaining agent and employees in accordance with its terms; (b) sections 7 and 8 do not apply in respect of the collective agreement or of the board, employee bargaining agent or employees; and (c) in the event of a conflict between the collective agreement and this Act or any other regulation made under this Act, the collective agreement prevails. 2012, c. 11, s. 10 (1). Same (2) For greater certainty, the Labour Relations Act, 1995, as modified by Part X.1 of the Education Act in the case of Part X.1 teachers, applies to a collective agreement imposed under subsection (1). 2012, c. 11, s. 10 (2). General
Minister complaint to the Ontario Labour Relations Board
11. The Minister may, if he or she is of the opinion that it would be in the public interest, make a complaint to the Ontario Labour Relations Board alleging a contravention of this Act. 2012, c. 11, s. 11.
Notice to Minister of proceeding
12. Notice of any proceeding that relates to the implementation or interpretation of this Act, including an application for judicial review as defined in the Judicial Review Procedure Act, shall be served upon the Minister, who shall be entitled as of right to be heard in person or by counsel in the proceeding. 2012, c. 11, s. 12. Application of other Acts
Labour Relations Act, 1995 re teachers
13. (1) The Labour Relations Act, 1995, as modified by Part X.1 of the Education Act in the case of Part X.1 teachers, applies to boards, employee bargaining agents and Part X.1 teachers, except to the extent of any conflict with this Act or a regulation or an order made under this Act. 2012, c. 11, s. 13 (1). Labour Relations Act, 1995 re other employees (2) The Labour Relations Act, 1995 applies to boards, employee bargaining agents and employees of the board who are represented by an employee bargaining agent, other than Part X.1 teachers, except to the extent of any conflict with this Act or a regulation or an order made under this Act. 2012, c. 11, s. 13 (2). Conflict (3) In the event of a conflict mentioned under subsection (1) or (2), this Act, the regulation or the order prevails. 2012, c. 11, s. 13 (3). Enforcement of this Act (4) This Act may be enforced as if it formed part of the Labour Relations Act, 1995. 2012, c. 11, s. 13 (4). Crown not bound (5) For greater certainty, sections 11 and 12 do not affect the operation of section 4 of the Labour Relations Act, 1995. 2012, c. 11, s. 13 (5). Rights not reduced (6) Nothing in this Act or in a regulation or order in council made under this Act shall be interpreted or applied so as to reduce a right or entitlement under the Human Rights Code. 2012, c. 11, s. 13 (6). Same (7) Nothing in this Act or in a regulation or order in council made under this Act shall be interpreted or applied so as to reduce a right or entitlement under the Pay Equity Act. 2012, c. 11, s. 13 (7). Restrictions on jurisdiction
Limit on jurisdiction of Ontario Labour Relations Board
14. (1) The Ontario Labour Relations Board shall not inquire into or make a decision on whether a provision of this Act, a regulation or an order made under subsection 9 (2) is constitutionally valid or is in conflict with the Human Rights Code. 2012, c. 11, s. 14 (1). Limit on jurisdiction of arbitrators (2) An arbitrator or arbitration board shall not inquire into or make a decision on whether a provision of this Act, a regulation or an order made under subsection 9 (2) is constitutionally valid or is in conflict with the Human Rights Code. 2012, c. 11, s. 14 (2). Restrictions on review
No review by court
15. (1) No term or condition included in an employment contract or collective agreement under or by virtue of this Act, process for consultation prescribed under this Act, or decision, approval, act, advice, direction, regulation or order made by the Minister or Lieutenant Governor in Council under this Act shall be questioned or reviewed in any court. 2012, c. 11, s. 15 (1). Same (2) No steps shall be taken to have a court question, review, prohibit or restrain any consultation, review or approval process prescribed or initiated under this Act at the Minister’s or Lieutenant Governor in Council’s discretion. 2012, c. 11, s. 15 (2). Restriction on review by arbitrator, Ontario Labour Relations Board (3) Terms and conditions included in a collective agreement under or by virtue of this Act shall not be questioned or reviewed by an arbitrator, an arbitration board or the Ontario Labour Relations Board, except as provided by those terms or conditions. 2012, c. 11, s. 15 (3).
No cause of action
16. (1) No cause of action arises and no civil proceeding may be brought or maintained against the Crown, members of the Executive Council, or employees or agents of the Crown or of the Executive Council as a direct or indirect result of, (a) the enactment or repeal of any provision of this Act; (b) the making or revocation of any provision of a regulation or an order made under this Act; or (c) anything done or not done under this Act or the regulations or an order made under it. 2012, c. 11, s. 16 (1). No remedy (2) No costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in clause (1) (a), (b) or (c). 2012, c. 11, s. 16 (2). Same (3) Subsection (1) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day this subsection comes into force. 2012, c. 11, s. 16 (3). Proceedings set aside (4) Any proceeding referred to in subsection (1) commenced before the day this subsection comes into force shall be deemed to have been dismissed, without costs, on the day this subsection comes into force. 2012, c. 11, s. 16 (4).
No action for good faith acts
17. (1) No cause of action arises and no civil proceeding shall be brought or maintained against any of the following persons for any act done in good faith in the exercise or performance or the intended exercise or performance of a power or duty under this Act, a regulation or an order made under this Act or for any neglect or default in the exercise or performance in good faith of such a power or duty: 1. A board. 2. An employee bargaining agent. 3. An officer, employee or agent acting on behalf of a board or employee bargaining agent. 2012, c. 11, s. 17 (1). Same (2) Subsection (1) applies regardless of whether the cause of action on which the proceeding is purportedly based arose before, on or after the day this subsection comes into force. 2012, c. 11, s. 17 (2). Proceedings set aside (3) Any proceeding referred to in subsection (1) commenced before the day this subsection comes into force shall be deemed to have been dismissed, without costs, on the day this subsection comes into force. 2012, c. 11, s. 17 (3).
No expropriation or injurious affection
18. Nothing done or not done in accordance with this Act or the regulations or an order made under subsection 9 (2) constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law. 2012, c. 11, s. 18.
Same
20. Omitted (provides for repeal of this Act). 2012, c. 11, s. 20. 21. Omitted (amends, repeals or revokes other legislation). 2012, c. 11, s. 21. 22. Omitted (provides for coming into force of provisions of this Act). 2012, c. 11, s. 22. 23. Omitted (enacts short title of this Act). 2012, c. 11, s. 23. ______________ Français
Same
21. Omitted (amends, repeals or revokes other legislation). 2012, c. 11, s. 21. 22. Omitted (provides for coming into force of provisions of this Act). 2012, c. 11, s. 22. 23. Omitted (enacts short title of this Act). 2012, c. 11, s. 23. ______________ Français
Same
22. Omitted (provides for coming into force of provisions of this Act). 2012, c. 11, s. 22. 23. Omitted (enacts short title of this Act). 2012, c. 11, s. 23. ______________ Français
Same
23. Omitted (enacts short title of this Act). 2012, c. 11, s. 23. ______________ Français