Regulations
19. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing a restraint period of no longer than three years for the purposes of the definition of “restraint period” in subsection 1 (1) for board employees represented by an employee bargaining agent that has not, on or before August 31, 2012, entered into the Memorandum of Understanding referred to in paragraph 1 of subsection 4 (1) or a Memorandum of Understanding described in subparagraph 2 i of subsection 4 (1); (b) specifying employees of the board, employee bargaining agents, collective agreements or employment contracts that are exempt from the application of this Act or from specified provisions in this Act; (c) prescribing modifications to terms or replacement terms for the purposes of paragraph 1, sub-subparagraph 2 i A or 2 ii A of subsection 4 (1), and prescribing terms for the purposes of sub-subparagraph 2 i B, 2 ii B or paragraph 3 of subsection 4 (1); (d) prescribing terms and conditions of employment that shall apply to a board employee or class of board employees during a period when no collective agreement is in operation; (e) prescribing terms and conditions that may be imposed in an employment contract or a collective agreement, including terms and conditions respecting, (i) criteria and processes to be used in the hiring of teachers by boards and any other matters related to the hiring of teachers, and (ii) the use of diagnostic assessments of students; (f) respecting the date on which the Minister is deemed to have received the collective agreement required by subsection 8 (2); (g) prescribing anything that is necessary or advisable to effectively carry out an order made under paragraph 2 of subsection 9 (2), including, (i) prescribing an alternative dispute resolution mechanism and corresponding process for settling a collective agreement, (ii) prescribing the terms and conditions of employment that apply to the affected employees, (iii) prescribing methods of enforcement for the order and in respect of any alternative dispute resolution mechanism and corresponding process; (h) where an employee is required by an order made under paragraph 4 of subsection 9 (2) to reimburse a board, respecting the reimbursement and the amount and manner of reimbursement; (i) prescribing a collective agreement that shall apply to a board, an employee bargaining agent and the employees of the board who are represented by the employee bargaining agent for the purposes of subsection 10 (1); (j) prescribing anything that this Act refers to as prescribed or that is referred to as being in the regulations; (k) providing for transitional matters relating to the implementation of this Act or any provision of this Act or relating to the repeal of this Act; (l) respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Act. 2012, c. 11, s. 19 (1). Same (2) A regulation made under clause (1) (c) prescribing a term for the purposes of paragraph 3 of subsection 4 (1) may prescribe a term that modifies or replaces any other term described under paragraph 1 or 2 of that subsection. 2012, c. 11, s. 19 (2). Same (3) A regulation under clause (1) (e) prescribing terms and conditions respecting the matters described in subclause (1) (e) (i) or (ii) shall not apply with respect to board employees represented by an employee bargaining agent unless the employee bargaining agent has, on or before August 31, 2012, entered into the Memorandum of Understanding referred to in paragraph 1 of subsection 4 (1) or a Memorandum of Understanding described in subparagraph 2 i of subsection 4 (1). 2012, c. 11, s. 19 (3). Same (4) A regulation made under subsection (1) may apply with respect to any period specified in the regulation, including a period before the regulation is filed or before the day this subsection comes into force, but shall not apply to a period before which any applicable restraint period begins. 2012, c. 11, s. 19 (4). 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