jswizzle3737/ontario_laws_and_regs huggingface dataset:
41.1 (1) This section applies to agreements between an employer bargaining agency and an employee bargaining agency to continue the term of operation of all collective agreements between the school boards represented by the employer bargaining agency and the bargaining agents for the employees in the bargaining units represented by the employee bargaining agency, with or without modifications to the central terms of the collective agreements, for a period of two, three, four or five years. 2017, c. 3, s. 20 (1). Conditions (2) If the following conditions are met, an employer bargaining agency and the corresponding employee bargaining agency at a central table may enter into an agreement described in subsection (1): 1. The employer bargaining agency and the employee bargaining agency must each be satisfied that they are authorized to enter into the agreement. 2. The Crown approves the agreement. 2017, c. 3, s. 20 (1). Other central tables (3) If an agreement is entered into under subsection (2) between the parties to central bargaining at one central table, the Crown shall consult with the parties to central bargaining at all other central tables as to whether they also wish to enter into an agreement described in subsection (1), whether for the same period as agreed to under the agreement made under subsection (2) or a different period. 2017, c. 3, s. 20 (1). Same (4) The parties to central bargaining at another central table may enter into an agreement described in subsection (1) if the conditions set out in subsection (2) are met. 2017, c. 3, s. 20 (1). Continuation (5) If an agreement is entered into under subsection (2) or (4), (a) the collective agreements are continued for the period set out in the agreement; and (b) the collective agreements are deemed to provide for the continuation and for an expiry date of August 31. 2017, c. 3, s. 20 (1). Crown consultation (6) In conducting the consultations required under subsection (3) and subsection 41 (3), the Crown is not required to consult directly with any parties to local bargaining. 2017, c. 3, s. 20 (1). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 20 (1)
- 27/03/2017 41.1.1 Repealed: 2017, c. 3, s. 20 (2). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 20 (1)
- 27/03/2017; 2017, c. 3, s. 20 (2)
- 04/05/2018 41.2 Repealed: 2017, c. 3, s. 20 (3). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 20 (1)
- 27/03/2017; 2017, c. 3, s. 20 (3)
- 04/05/2018
42 (1) While a collective agreement is in operation, mutual consent to the revision of any central terms may only be given by the parties who were at the central table, and the employer bargaining agency cannot consent to a revision unless the Crown agrees to the revision. Successor party (2) If a party who was at the central table (the “original party”) has been replaced by another employer bargaining agency or employee bargaining agency, as the case may be, (the “successor party”) for the purposes of central bargaining for the next collective agreement, the successor party may give the consent described in subsection (1) and the original party ceases to be permitted to do so. Grievance arbitration
43.1 The Lieutenant Governor in Council may, by regulation, (a) govern any transitional matters that may arise out of amendments to this Act; and (b) provide for any matter that is necessary or advisable to ensure that central bargaining can take place under this Act. 2017, c. 3, s. 21. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 21
- 27/03/2017
44 (1) This Act may be enforced as if it formed part of the Labour Relations Act, 1995. Same (2) For greater certainty, a reference to “this Act” in the Labour Relations Act, 1995 is deemed to include the School Boards Collective Bargaining Act, 2014. Exceptions (3) Subsections 15 (6) and 18 (2) are not enforceable as if they formed part of the Labour Relations Act, 1995. 2017, c. 3, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 22
- 27/03/2017 Complaints re: unlawful strike
45 (1) With the consent of the applicable employer bargaining agency, the Minister may make a complaint under section 100 of the Labour Relations Act, 1995
in respect of an unlawful strike. Complaint by employer bargaining agency (2) With the consent of the Minister, an employer bargaining agency may make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike. Complaint by school boards (3) Nothing in this section limits the rights of a school board to make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike.
45.1 (1) In case of a conflict or an inconsistency within a collective agreement between any of the central terms and any of the local terms, the central term prevails. 2017, c. 3, s. 23. Application to Ontario Labour Relations Board (2) If the Crown or a party to central bargaining is of the opinion that a local term in a collective agreement conflicts with or is inconsistent with a central term in the collective agreement, it may apply to the Ontario Labour Relations Board to decide the issue. 2017, c. 3, s. 23. Participation (3) The Crown, the employer bargaining agency, the employee bargaining agency, the school board, the bargaining agent and such other persons and entities as the Board considers appropriate may participate in a proceeding under subsection (2). 2017, c. 3, s. 23. Decision (4) The Board shall decide the issue and, subject to subsection (1), may make such orders in respect of the conflict or inconsistency as the Board determines are appropriate in the circumstances. 2017, c. 3, s. 23. Factors (5) For the purpose of deciding the issue described in subsection (2), the Board shall consider the factors set out in subsection 28 (8) and any other factors that the Lieutenant Governor in Council may, by regulation, prescribe. 2017, c. 3, s. 23. Timing (6) The Board shall make a decision in an expeditious manner. 2017, c. 3, s. 23. Expediting proceedings (7) The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to an application under this section, and subsections 110 (20), (21) and (22) of that Act apply, with necessary modifications, with respect to the rules. 2017, c. 3, s. 23; 2018, c. 14, Sched. 2, s. 24. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 23
- 27/03/2017 2018, c. 14, Sched. 2, s. 24 - 21/11/2018
46 (1) Repealed: 2017, c. 3, s. 24. Between collective agreement and Act, etc. (2) In case of a conflict or an inconsistency between a collective agreement and this Act, or a regulation made under it, this Act or the regulation made under it prevails. Between collective agreement and Education Act, etc. (3) In case of a conflict or an inconsistency between a collective agreement and the Education Act, or a regulation made under it, the Education Act or the regulation made under it prevails. Between Acts, etc. (4) In case of a conflict or an inconsistency between the Labour Relations Act, 1995 and this Act, or a regulation made under it, this Act or the regulation made under it prevails. Same (5) In case of a conflict or an inconsistency between the Education Act, or a regulation made under it, and this Act, or a regulation made under it, the Education Act or the regulation made under it prevails. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 24
- 27/03/2017
47 The Crown may enter into agreements or undertakings that, in the opinion of the Crown, are necessary or ancillary to, (a) facilitate reaching a memorandum of settlement of central terms, implementing such a memorandum or meeting commitments of the Crown relating to such a memorandum; or (b) administer or implement this Act. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25
- 27/03/2017
48 The Lieutenant Governor in Council may, by regulation, specify the powers of the Crown under this Act that the Minister is authorized to exercise as the representative of the Crown. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25
- 27/03/2017
49 (1) The Minister may delegate to any person employed in the Ministry any of the Minister’s powers or duties under this Act, including powers specified in a regulation made under section 48. 2017, c. 3, s. 25. Same (2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it. 2017, c. 3, s. 25. Subdelegation (3) In a delegation, the Minister may authorize a person to whom a power or duty is delegated to delegate the power or duty to other persons employed in the Ministry, subject to such limitations, conditions and requirements as the person may impose. 2017, c. 3, s. 25. Presumption (4) A person who purports to exercise a delegated power or perform a delegated duty shall be presumed conclusively to act in accordance with the delegation. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25
- 27/03/2017
50 (1) The Education Relations Commission is continued for the purposes of advising the Lieutenant Governor in Council when, in the opinion of the Commission, the continuation of a strike by school board employees or of a lock-out of school board employees will place in jeopardy the successful completion of courses of study by the affected pupils. 2017, c. 3, s. 25. Composition (2) The Commission shall be composed of five persons who shall be appointed by the Lieutenant Governor in Council. 2017, c. 3, s. 25. Chair and vice-chair (3) The Lieutenant Governor in Council shall designate a chair and a vice-chair from among the members of the Commission. 2017, c. 3, s. 25. Acting chair (4) In the case of the absence or inability to act of the chair or of there being a vacancy in the office of the chair, the vice-chair shall act as and have all the powers of the chair and in the case of the absence of the chair and vice-chair from any meeting of the Commission, the members of the Commission present at the meeting shall appoint an acting chair who shall act as and have all the powers of the chair during the meeting. 2017, c. 3, s. 25. Quorum (5) Three members of the Commission constitute a quorum and are sufficient for the exercise of all the authority of the Commission. 2017, c. 3, s. 25. Exercising powers (6) The powers of the Commission shall be exercised by resolution and the Commission may pass resolutions governing the calling of and the proceedings at meetings and generally dealing with the carrying out of its duties. 2017, c. 3, s. 25. Remuneration (7) The members of the Commission shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. 2017, c. 3, s. 25. Competency as witness (8) The members of the Commission are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to them while the Commission is forming its opinion regarding matters described in subsection (1). 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25
- 27/03/2017 51-54 Omitted (amends, repeals or revokes other legislation). 55 Omitted
(provides for coming into force of provisions of this Act). 56 Omitted (enacts short title of this Act). ______________  Français