jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notice of strike
63. No teacher shall take part in a strike against the board that employs the teacher unless, (a) there is no agreement in operation that is deemed under this Act to form part of the contract of employment between the board and the teacher; (b) notice of desire to negotiate to make or renew an agreement has been given by either party; (c) all the matters remaining in dispute between the board and the branch affiliate that represents the teacher have been referred to a fact finder and fifteen days have elapsed after the Commission has made public the report of the fact finder; (d) the offer of the board in respect of all matters agreed upon by the parties and in respect of all matters remaining in dispute between the parties last received by the branch affiliate that represents the teacher is submitted to and rejected by the teachers composing the branch affiliate by a vote by secret ballot conducted under the supervision of and in the manner determined by the Commission; (e) the teachers composing the branch affiliate that represents the teacher have voted, not earlier than the vote referred to in clause (d) and not before the end of the fifteen-day period referred to in clause (c), in favour of a strike by a vote by secret ballot conducted under the supervision of and in the manner determined by the Commission; and (f) after a vote in favour of a strike in accordance with clause (e), the branch affiliate that represents the teacher gives to the board written notice of the strike and of the date on which the strike will commence at least five days before the commencement of the strike. R.S.O. 1990, c.S.2, s.63.
Principals and vice-principals
64. (1) A principal and a vice-principal shall be members of a branch affiliate. Idem, membership in branch affiliate (2) Despite subsection (1), in the event of a strike by the members of a branch affiliate each principal and vice-principal who is a member of the branch affiliate shall remain on duty during the strike or any related lock-out or state of lock-out or closing of a school or schools. R.S.O. 1990, c.S.2, s.64.
Unlawful strike
65. (1) The Federation shall not and no affiliate or branch affiliate shall call or authorize or threaten to call or authorize an unlawful strike. Idem (2) No officer, official or agent of the Federation, an affiliate or a branch affiliate or member of a branch affiliate shall counsel, procure, support or encourage an unlawful strike or threaten an unlawful strike. R.S.O. 1990, c.S.2, s.65.
Unlawful lock-out
66. (1) The Council shall not and no member association or board shall call or authorize or threaten to call or authorize an unlawful lock-out. Idem (2) No officer, official or agent of the Council, a member association or a board or member of a board shall counsel, procure, support or encourage an unlawful lock-out or threaten an unlawful lock-out. R.S.O. 1990, c.S.2, s.66.
Declaration of unlawful strike
67. (1) Where the Federation, an affiliate or a branch affiliate calls or authorizes a strike or teachers take part in a strike against a board that the board, a member association, the Council or any person normally resident within the jurisdiction of the board alleges is unlawful, the board, member association, Council or person may apply to the Ontario Labour Relations Board for a declaration that the strike is unlawful, and the Board may make the declaration. Declaration of unlawful lock-out (2) Where the Council, a member association or a board calls or authorizes a lock-out of members of a branch affiliate that the branch affiliate, an affiliate, the Federation or any person normally resident within the jurisdiction of the board alleges is unlawful, the branch affiliate, affiliate, Federation or person may apply to the Ontario Labour Relations Board for a declaration that the lock-out is unlawful, and the Board may make the declaration. Direction by O.L.R.B. (3) Where the Ontario Labour Relations Board makes a declaration under subsection (1) or (2), the Board in its discretion may, in addition, direct what action, if any, a person, teacher, branch affiliate, affiliate, the Federation, a board, member association or the Council and their officers, officials or agents shall do or refrain from doing with respect to the unlawful strike or unlawful lock-out. Enforcement of direction by court (4) The Ontario Labour Relations Board shall file with the Ontario Court (General Division) a copy of a direction made under subsection (3), exclusive of the reasons therefor, whereupon the direction shall be entered in the same way as an order of the court and is enforceable as such. R.S.O. 1990, c.S.2, s.67.
Lock-out
68. (1) Where a lawful strike takes place against a board, the board may lock out or declare a state of lock-out to exist against all members, other than principals or vice-principals, of the branch affiliate that represents teachers engaged in the strike. Idem (2) No board shall lock out or declare a state of lock-out to exist or close a school or schools unless and until the proposal of the branch affiliate in respect of all matters agreed upon by the parties and in respect of all matters remaining in dispute between the parties last received by the board has been presented to a meeting of the board in public session. Idem (3) Except as provided in subsection (1), a board shall not lock out a teacher. Closing of school (4) Where a lawful strike takes place against a board, the board may close a school or schools where the board is of the opinion that, (a) the safety of students may be endangered; (b) the school building or the equipment or supplies therein may not be adequately protected during the strike; or (c) the strike will substantially interfere with the operation of the school. Payment of teachers (5) A teacher shall not be paid his or her salary in respect of the days on which, (a) the teacher takes part in a strike, other than a strike as defined in clause (b) of the definition of “strike” in section 1; (b) the teacher is locked out; or (c) the school in which the teacher is employed is closed pursuant to subsection (4). Resumption of strike or new strike (6) Where a lawful strike is terminated without an agreement coming into effect, no teacher shall take part in a resumption of the strike or take part in a new strike except after the provisions of clauses 63(d), (e) and (f) have again been complied with in respect of such resumption or new strike. Application of section (7) This section applies despite any provision of the Education Act. R.S.O. 1990, c.S.2, s.68.
Participation in lawful strike
69. The contract of employment or position of a teacher shall not be terminated by reason of his or her participation in a lawful strike. R.S.O. 1990, c.S.2, s.69.
Resignation, etc., by teacher
70. Nothing in this Act precludes a teacher, (a) from terminating his or her employment with a board in good faith in accordance with the provisions of his or her contract of employment; (b) from withdrawing a voluntary service in good faith on an individual basis. R.S.O. 1990, c.S.2, s.70. PART IX   MISCELLANEOUS
Copies of notice to be given to Commission
71. Where, under this Act, a party is required to give notice to another party, the party giving the notice shall also within the same time limit, if any, give a copy of the notice to the Commission. R.S.O. 1990, c.S.2, s.71.
Decisions, etc., of Commission and others not subject to review
72. Except in respect of section 51, no decision, order, determination, direction, declaration or ruling of the Commission, a fact finder, an arbitrator or board of arbitration, a selector or the Ontario Labour Relations Board shall be questioned or reviewed in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, application for judicial review or otherwise, to question, review, prohibit or restrain the Commission, fact finder, arbitrator or board of arbitration, selector or the Ontario Labour Relations Board or the proceedings of any of them. R.S.O. 1990, c.S.2, s.72.
Service of notice
73. Any notice or document required or authorized by this Act to be given shall, (a) where it is to be given to the Commission, be delivered to the office of the Commission; (b) where it is to be given to a board, be delivered to the office of the board; (c) where it is to be given to a branch affiliate, be delivered to an officer of the branch affiliate; (d) where it is to be given to an affiliate, the Council, the Federation or a member association, be delivered to the office of the affiliate, the Council, the Federation or the member association, as the case requires; (e) where it is to be given to an arbitrator or selector, be delivered to the arbitrator or selector; and (f) where it is to be given to a board of arbitration, be delivered to the chair or either of the other two members of the board of arbitration. R.S.O. 1990, c.S.2, s.73.
Costs
74. (1) The expenditures incurred by a party in respect of a person appointed or retained by the party for the purpose of making or renewing an agreement shall be borne by the party and all other expenses, including fees for a single arbitrator, a selector or a chair of a board of arbitration shall be shared equally by the parties and such expenditures and fees shall be paid within sixty days after the agreement or renewal of agreement is executed or is deemed in effect as though it had been executed by the parties. Idem (2) The fees and expenses, if any, of persons assigned by the Commission to assist parties to make or renew an agreement and of fact finders appointed by the Commission shall be paid by the Commission. R.S.O. 1990, c.S.2, s.74.
Statement as to officers of branch affiliate
75. Where the Commission so directs, a branch affiliate shall file with the Commission, within the time prescribed in the direction, a statement signed by its president or secretary setting out the names and addresses of its officers. R.S.O. 1990, c.S.2, s.75.
Where vote by secret ballot required
76. (1) Subject to subsection (2), a vote conducted by a branch affiliate to give approval to the terms of an agreement shall be a vote by secret ballot. Idem (2) A vote conducted by a branch affiliate for the purpose of section 63 or for the purpose of giving approval to the terms of an agreement after the commencement of a strike shall be a vote by secret ballot conducted under the supervision of and in the manner determined by the Commission. R.S.O. 1990, c.S.2, s.76.
Contravention by teacher or trustee
77. (1) Every person who contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $1,000 for each day upon which the contravention occurs or continues. Contravention by Council or Federation (2) The Council and every member association and every board and the Federation and every affiliate and every branch affiliate that contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for each day upon which such contravention occurs or continues. Contravention of decision, etc. (3) The contravention of a decision, order, determination, direction, declaration or ruling made under this Act is deemed, for the purposes of this section, to be a contravention of this Act. Where officers also guilty of offence (4) Where the Council or a member association or the Federation or an affiliate or a branch affiliate is guilty of an offence under this Act, every officer or representative thereof, and where a board is guilty of an offence under this Act every member of the board, who assents to the commission of the offence shall be deemed to be a party to and guilty of the offence and is liable to a fine under subsection (1) as if he or she had been convicted of an offence under subsection (1). Information (5) An information in respect of a contravention of any provision of this Act may be for one or more offences and no information, warrant, conviction or other proceedings in any such prosecution is objectionable or insufficient by reason of the fact that it relates to two or more offences. Consent to prosecution (6) No prosecution for an offence under this Act shall be instituted except with the consent of the Ontario Labour Relations Board which may only be granted after affording an opportunity to the person or body seeking the consent and the person or body sought to be prosecuted to be heard. Practice and procedure of O.L.R.B. (7) The Ontario Labour Relations Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceedings to present their evidence and to make their submissions, and the Ontario Labour Relations Board may, subject to the approval of the Lieutenant Governor in Council, make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as are considered advisable. Decision of O.L.R.B. (8) The decision of the majority of the members of the Ontario Labour Relations Board present and constituting a quorum is the decision of the Ontario Labour Relations Board, but, if there is no majority, the decision of the chair or vice-chair governs. R.S.O. 1990, c.S.2, s.77.
Style of prosecution
78. A prosecution for an offence under this Act may be instituted against any body, association or organization in the name of the body, association or organization whether or not the body, association or organization is a body corporate and, for the purposes of any such prosecution, any unincorporated body, association or organization shall be deemed to be a body corporate. R.S.O. 1990, c.S.2, s.78.
Vicarious responsibility
79. Any act or thing done or omitted by an officer, official or agent of the Federation, an affiliate, a branch affiliate, the Council, a member association or a board or by a member of a board within the apparent scope of his or her authority to act on behalf of the Federation, affiliate, branch affiliate, Council, member association or board shall be deemed to be an act or thing done or omitted by the Federation, affiliate, branch affiliate, Council, member association or board, as the case may be. R.S.O. 1990, c.S.2, s.79.
Application
80. (1) The Arbitrations Act does not apply to proceedings under this Act. Idem (2) The Statutory Powers Procedure Act does not apply to proceedings under this Act other than in respect of a determination referred to in clause 60(1)(f). Idem (3) Despite subsection (2), but subject to section 72, the Statutory Powers Procedure Act applies to proceedings before the Ontario Labour Relations Board under this Act. R.S.O. 1990, c.S.2, s.80.
Compellability of witnesses
81. Despite any other provision of this Act, (a) the Minister of Education; (b) the Deputy Minister of Education; (c) the chair, a vice-chair or a member of the Ontario Labour Relations Board; (d) an arbitrator or member or chair of a board of arbitration; or (e) a selector, is not a compellable witness in any proceeding under this Act. R.S.O. 1990, c.S.2, s.81. ______________ Français