jswizzle3737/ontario_laws_and_regs huggingface dataset:
38 (1) Before January 1, 2001, for the purposes of section 20 of the Public Sector Labour Relations Transition Act, 1997, the transition board may make an agreement with bargaining agents who represent employees of an old municipality to change or not to change the number and description of the bargaining units in respect of which the agents have bargaining rights, and the agreement is binding upon the town as if it had been made by the town.  1999, c. 14, Sched. B, s. 38 (1). Agreement re change in bargaining units (2) The agreement does not come into effect until the later of, (a) the day on which the conditions described in subsections 20 (7) and (8) of the Public Sector Labour Relations Transition Act, 1997 are satisfied; and (b) January 1, 2001.  1999, c. 14, Sched. B, s. 38 (2). Restrictions (3) If an agreement is made, during the period beginning 10 days after it is executed and ending when it comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the agreement is executed.  1999, c. 14, Sched. B, s. 38 (3). Same (4) During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.  1999, c. 14, Sched. B, s. 38 (4). Same (5) On and after January 1, 2001, the right to make an application described in subsection (4) is (subject to the Public Sector Labour Relations Transition Act, 1997) determined under the Act that otherwise governs collective bargaining in respect of the employees.  1999, c. 14, Sched. B, s. 38 (5). Deeming (6) For the purposes of clause (2) (a) of this section and of subsection 20 (7) of the Public Sector Labour Relations Transition Act, 1997, the transition board shall be deemed to be the employer.  1999, c. 14, Sched. B, s. 38 (6). Agreement re change of bargaining agents (7) If an agreement described in subsection (1) is made, any agreement made by the bargaining agents concerned under section 21 of the Public Sector Labour Relations Transition Act, 1997 does not come into effect until the later of, (a) the day on which the conditions described in subsection 21 (2) of that Act are satisfied; and (b) January 1, 2001.  1999, c. 14, Sched. B, s. 38 (7). Notice of agreement (8) A copy of the agreement under section 21 of the Public Sector Labour Relations Transition Act, 1997 may be given either to the transition board before January 1, 2001 or to the town after December 31, 2000, for the purposes of clause (7) (a) of this section and of subsection 21 (2) of that Act.  1999, c. 14, Sched. B, s. 38 (8). Determination re bargaining agent (9) For the purposes of subsection 21 (4) of the
Public Sector Labour Relations Transition Act, 1997, the transition board or a bargaining agent may make a request to the Ontario Labour Relations Board before January 1, 2001.  1999, c. 14, Sched. B, s. 38 (9).
39 (1) Before January 1, 2001, for the purposes of section 22 of the Public Sector Labour Relations Transition Act, 1997, the transition board may apply to the Ontario Labour Relations Board for an order determining the number and description of the bargaining units that, in the Board’s opinion, are likely to be appropriate for the town’s operations.  1999, c. 14, Sched. B, s. 39 (1). Order (2) An order by the Ontario Labour Relations Board under section 22 of the Public Sector Labour Relations Transition Act, 1997 is binding upon the town as if the application had been made by the town, and is binding even if the order is not made until after December 31, 2000.  1999, c. 14, Sched. B, s. 39 (2). Same (3) An order made under section 22 of the Public Sector Labour Relations Transition Act, 1997 on an application under subsection (1) cannot take effect before January 1, 2001.  1999, c. 14, Sched. B, s. 39 (3). Restrictions (4) If the transition board applies under subsection (1) for an order under section 22 of the Public Sector Labour Relations Transition Act, 1997, during the period beginning 10 days after the application is made and ending when an order comes into effect, no application may be made for certification of a bargaining agent to represent employees of an old municipality who are not members of a bargaining unit when the application is made.  1999, c. 14, Sched. B, s. 39 (4). Same (5) During the period beginning when subsection (1) comes into force and ending on December 31, 2000, no application may be made for certification of a bargaining agent to represent employees who are already represented by a bargaining agent and no application may be made for a declaration that a bargaining agent that represents such employees no longer represents them.  1999, c. 14, Sched. B, s. 39 (5). Same (6) On and after January 1, 2001, the right to make an application described in subsection (5) is (subject to the Public Sector Labour Relations Transition Act, 1997)  determined under the Act that otherwise governs collective bargaining in respect of the employees.  1999, c. 14, Sched. B, s. 39 (6).
40 (1) Sections 37 (Ontario Labour Relations Board) and 38 (Arbitration Act, 1991) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings before the Ontario Labour Relations Board concerning requests under subsection 38 (9) and applications under subsection 39 (1).  1999, c. 14, Sched. B, s. 40 (1). Rules to expedite proceedings (2) Rules made by the Ontario Labour Relations Board under subsection 37 (4) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to proceedings referred to in subsection (1).  1999, c. 14, Sched. B, s. 40 (2). Same (3) Subsections 37 (5) and (6) of the Public Sector Labour Relations Transition Act, 1997 apply, with necessary modifications, with respect to the rules described in subsection (2).  1999, c. 14, Sched. B, s. 40 (3).
41 Sections 37 to 40 apply, with necessary modifications, with respect to divided municipalities.  1999, c. 14, Sched. B, s. 41.
42 Sections 37 to 40 apply, with necessary modifications, with respect to the local boards of old municipalities or of divided municipalities.  1999, c. 14, Sched. B, s. 42.
42.1 Nothing in sections 37 to 42 prevents a collective agreement between the town and a bargaining agent that is made after the town or the bargaining agent gave notice to bargain under the Public Sector Labour Relations Transition Act, 1997, the Labour Relations Act, 1995, the Fire Protection and Prevention Act, 1997 or the Police Services Act from providing for an increase in compensation in respect of all or part of the period beginning December 24, 1999 and ending on the day before the effective date of that collective agreement.  2000, c. 5, s. 2 (3). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (3)
- 08/06/2000 The Regular Election in 2000
43 (1) The following persons, if in office on November 30, 2000, shall continue in office until the first council of the town is organized: 1. The members of the councils of the old municipalities and of the divided municipalities. 2. The members of the local boards of the old municipalities and of the divided municipalities.  1999, c. 14, Sched. B, s. 43 (1). Same (2) Subsection (1) applies to elected and unelected persons, and applies despite section 6 of the Municipal Elections Act, 1996.  1999, c. 14, Sched. B, s. 43 (2). Limitation (3) Despite subsection (1), after December 31, 2000 the powers of persons continued in office are limited to the powers described in subsections 5 (4), 6 (7) and 8 (4).  2000, c. 5, s. 2 (4). Section Amendments with date in force (d/m/y) 2000, c. 5, s. 2 (4)
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44 The following rules apply to the regular election in 2000 in the municipal area: 1. The election shall be conducted as if sections 2, 3, 4, 5, 6 and 9 were already in force. 2. The transition board shall designate a person to conduct the regular election in 2000 under the Municipal Elections Act, 1996. 3. The clerks of the old municipalities and the divided municipalities and the clerk of the town, if appointed, shall assist the person designated under paragraph 2 and act under his or her direction. 4. The transition board acts as council for the purpose of making the decisions that council is required to make under the Municipal Elections Act, 1996 for the regular election.  The town council shall make those decisions once the council is organized. 5. The costs of the election in the municipal area that are payable in 2000 shall be included in the operating budget of The Regional Municipality of Haldimand-Norfolk for 2000.  The regional municipality shall pay those costs as directed by the person designated under paragraph 2.  The costs of the election in the municipal area that are payable in 2001 shall be paid by the town. 6. Each area municipality under the Regional Municipality of Haldimand-Norfolk Act shall include in its operating budget for 2000 an amount equal to the amount it would have budgeted for the costs of the regular election in 2000 if this Act had not been passed, and shall pay that amount to The Regional Municipality of Haldimand-Norfolk on or before July 1, 2000. 7. The amount referred to in paragraph 6 shall be paid, first, from any reserve or reserve fund previously established by the area municipality for the costs of the regular election in 2000.  1999, c. 14, Sched. B, s. 44. General
45 (1) The Minister may apply to the Superior Court of Justice for an order requiring a person or body to comply with any provision of this Act or a regulation made under this Act or with a decision or requirement of the transition board made under this Act.  1999, c. 14, Sched. B, s. 45 (1). Same (2) Subsection (1) is additional to, and does not replace, any other available means of enforcement.  1999, c. 14, Sched. B, s. 45 (2).
46 (1) Repealed.  See: Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 – December 31, 2011. Same, Minister (2) The Minister may make regulations, (a) prescribing anything that is required or permitted by this Act to be done or prescribed by a regulation under this Act; (b) defining any word or expression used in this Act that is not expressly defined in this Act; (c) providing for any transitional matter that, in the opinion of the Minister, is necessary or desirable for the effective implementation of this Act; (d) establishing wards for the purposes of section 3.  1999, c. 14, Sched. B, s. 46 (2). Examples (3) A regulation under clause (2) (c) may provide, for example, (a) that the town may undertake long-term borrowing to pay for operational expenditures on transitional costs, as defined in the regulation, subject to such conditions and restrictions as may be prescribed; (b) that, for the purposes of section 8 of the Municipal Elections Act, 1996, the Minister may require a question to be submitted to the electors of all or any part of the municipal area set out in the regulation.  1999, c. 14, Sched. B, s. 46 (3). General or specific (4) A regulation may be general or specific in its application.  1999, c. 14, Sched. B, s. 46 (4). Retroactive (5) A regulation may be made retroactive to a date not earlier than January 1, 2001.  1999, c. 14, Sched. B, s. 46 (5). Section Amendments with date in force (d/m/y) 1999, c. 14, Sched. B, s. 46 (1) - See Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011 2000, c. 5, s. 2 (5)
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47 (1) This Act applies despite any general or special Act and despite any regulation made under any other Act, and in the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails.  1999, c. 14, Sched. B, s. 47 (1). Same (2) In the event of a conflict between a regulation made under this Act and a provision of this Act or of another Act or a regulation made under another Act, the regulation made under this Act prevails.  1999, c. 14, Sched. B, s. 47 (2). 48 Omitted (provides for coming into force of provisions of this Act).  1999, c. 14, Sched. B, s. 48. 49 Omitted (enacts short title of this Act).  1999, c. 14, Sched. B, s. 49. Schedule A   THE MUNICIPAL AREA (Definition of “municipal area” in section 1) All of that part of the City of Nanticoke as it exists on December 31, 2000, that lies to the east of a line described as follows: Description: BEGINNING at the intersection of the centreline of Regional Road 74 with the southwesterly limit of the County of Brant; THENCE southerly along the centreline of Regional Road 74 to its intersection with the prolongation of the centreline of the road allowance between Concessions 11 and 12 of the geographic Township of Townsend; THENCE westerly to and along the centreline of the road allowance to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 12 of the geographic Township of Townsend; THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 12 and 13 of the geographic Township of Townsend, to the dividing line between the north and south halves of Concession 13; THENCE westerly along the dividing line to the dividing line between the east and west halves of Lot 20, Concession 13; THENCE southerly along the dividing line between the east and west halves of Lot 20 through Concessions 13 and 14 of the geographic Township of Townsend to the southerly limit of railway right-of-way running east to west through Lot 20, Concession 14; THENCE easterly along the southerly limit of the railway right-of-way to its intersection with the limit between Lots 20 and 21, Concession 14; THENCE southerly along the limit between Lots 20 and 21, and its southerly prolongation, to the centreline of Highway No. 3; THENCE easterly along the centreline of Highway No. 3 to its intersection with the prolongation of the centreline of Regional Road 70; THENCE southerly to and along the centreline of Regional Road 70, and its southerly prolongation, to its intersection with the centreline of Highway No. 6; THENCE southwesterly along the centreline of Highway No. 6 to its intersection with the prolongation of the limit between Lots 20 and 21, Concession 3 of the geographic Township of Woodhouse; THENCE southerly to and along the limit between Lots 20 and 21 through Concessions 2, 3 and 1 of the geographic Township of Woodhouse to the limit of Lake Erie. 1999, c. 14, Sched. B, Sched. A. ______________  Français