Labour Relations Amendment Act (Protecting Ontario's Power Supply), 2018 — Bill 67 (42nd Parliament, 1st Session)
Bill 67, 42-1
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Bill 67, Labour Relations Amendment Act (Protecting Ontario's Power Supply), 2018
Scott, Laurie Minister of Labour
Royal Assent received. Statutes of Ontario 2018,
chapter 18
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Bill 67 Royal Assent (PDF)
EXPLANATORY
NOTE
This Explanatory Note was written as a reader’s
aid to Bill 67 and does not form part of the law.
Bill 67 has been enacted as
Chapter 18 of the Statutes of Ontario, 2018.
The
Bill amends the Labour Relations Act, 1995 to
address the current labour dispute between Ontario Power Generation Inc. and
the Power Workers’ Union. It prohibits any strike or lock-out from
occurring, requires the termination of any strike or lock-out that is underway
and provides a mechanism for achieving a new collective agreement.
Bill 67 2018
Act to amend the Labour Relations Act, 1995
Preamble
The
last collective agreement between Ontario Power Generation Inc. and the Power
Workers’ Union expired on March 31, 2018. The parties have been engaged in the
collective bargaining process for many months, including conciliation with the
assistance of the Ministry of Labour, but have been unable to resolve their
dispute. On December 13, 2018, the Power Workers’ Union’s membership did not
ratify Ontario Power Generation Inc.’s final offer. The parties appear
deadlocked and on December 14, 2018, the Power Workers’ Union gave notice of a
strike.
The
workers in Ontario’s electricity generating stations are professional, skilled
individuals responsible for the safe and secure ongoing operation and
maintenance of complex, vital facilities.
Through
these facilities, Ontario Power Generation Inc. produces approximately 50 per
cent of Ontario’s electricity that families, businesses and industry rely on
every day. The Independent Electricity System Operator has advised that any
prolonged outage caused by a labour disruption would jeopardize the electricity
supply to Ontario’s homes, industry and businesses, which could impair public
safety and well-being and have a devastating impact and ripple effect on the
province’s economy.
Ontario
cannot allow families and seniors to have to live in the dark or to go without
heat, especially during winter months. This serious situation requires swift
and decisive action. Protecting the public interest and the health and safety
of the people of Ontario requires the continuation of operations at Ontario
Power Generation Inc. and the resolution of the labour dispute through a fair
process of dispute resolution.
Therefore,
Her Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Section 169 of the Labour Relations Act, 1995 is repealed
and the following substituted:
Ontario
Power Generation Industry
Definitions
In this
section and sections 170 to 189,
“bargaining
agent” means the Power Workers’ Union (PWU), Canadian Union of Public
Employees, Local 1000 - CLC; (“agent négociateur”)
“employees”
means the employees of the employer who are represented by the bargaining agent
and included in the power workers bargaining unit; (“employés”)
“employer”
means Ontario Power Generation Inc.; (“employeur”)
“new
collective agreement”, when used with respect to the power workers bargaining
unit, means a collective agreement that,
(
a) applies
to the employees in the unit, and
(
b) is
executed on or after the day the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent or comes into force under subsection 189 (5); (“nouvelle convention
collective”)
“parties”,
when used in relation to a dispute, a dispute resolution proceeding dealing
with the dispute or a new collective agreement, means the employer and the
bargaining agent; (“parties”)
“power
workers bargaining unit” means all regular, part-time and temporary employees,
including technicians of the construction field forces and security employees
but excluding,
(
a) employees
represented by other bargaining agents,
(
b) persons
above the rank of working supervisor,
(
c) persons
who exercise managerial functions in accordance with this Act, and
(
d) persons
employed in a confidential capacity in matters relating to labour relations in
accordance with this Act,
set out in
Article 1.1 in the collective agreement between the employer and the
bargaining agent effective from April 1, 2015 to March 31, 2018. (“unité de
négociation des travailleurs du secteur énergétique”)
Application
of ss. 169 to 189
(1) Sections 169 to 189
apply to the employer, the bargaining agent and the employees if the employer
and the bargaining agent have not executed a collective agreement after March
31, 2018 and before the day the Labour Relations Amendment
Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent with
respect to the power workers bargaining unit.
Same,
for greater certainty
(2) For
greater certainty, sections 169 to 189 apply in accordance with subsection
(1) even if the parties were otherwise in a lawful strike or lock-out position
under this Act immediately before the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent.
Conflict
(3) In
the event of a conflict between a provision in sections 169 to 189 and a
provision in sections 1 to 125, the provision in sections 169 to 189 prevails.
Prohibition
re strike
(1) Subject
section 175, no employee shall strike and no person or trade union shall
call or authorize, or threaten to call or authorize, a strike by any employees.
Same
(2) Subject
section 175, no officer, official or agent of a trade union shall counsel, procure,
support, encourage or threaten a strike by any employees.
Prohibition
re lock-out
(1) Subject
section 175, the employer shall not lock out, authorize a lock-out or
threaten to lock out any employees.
Same
(2) Subject
section 175, no officer, official or agent of the employer shall counsel,
procure, support, encourage or threaten a lock-out of any employees.
Duties
of employer and bargaining agent
Application
section
(1) This
section applies if a strike or lock-out involving the employees is in effect
immediately before the Labour Relations Amendment Act
(Protecting Ontario’s Power Supply), 2018 receives Royal Assent.
Operation
of undertakings
(2) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the employer shall
use all reasonable efforts to operate and continue to operate its undertakings,
including any operations interrupted during any lock-out or strike that is in
effect immediately before the Labour Relations Amendment
Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent.
Termination
of lock-out
(3) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the employer shall
terminate any lock-out of employees that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power
Supply), 2018 receives Royal Assent.
Termination
of strike
(4) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the bargaining
agent shall terminate any strike by employees that is in effect immediately
before the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent.
Same
(5) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, each employee shall
terminate any strike that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power
Supply), 2018 receives Royal Assent and shall, without delay, resume the
performance of the duties of his or her employment or shall continue performing
them, as the case may be.
Exception
(6) Subsection
(5) does not preclude an employee from not reporting to work and performing his
or her duties for reasons of health or by mutual consent of the employee and
the employer.
Non-application
of s. 109
Section
109 does not apply in respect of a prosecution for a contravention of sections 171,
172 or 173.
Strike
or lock-out after new collective agreement
After
a new collective agreement with respect to the power workers bargaining unit is
executed by the parties or comes into force under subsection 189 (5), sections 170
to 173 cease to apply and the right of the employees in the unit to strike and
the right of the employer to lock out those employees is otherwise governed by
this Act.
Deeming
provision: unlawful strike or lock-out
strike or lock-out in contravention of
section 171, 172 or 173 is deemed to be
an unlawful strike or lock-out for the purposes of this Act.
Terms
of employment
Until
a new collective agreement with respect to the power workers bargaining unit is
executed by the parties or comes into force under subsection 189 (5), the terms
and conditions of employment that applied with respect to the employees on the
day before the first day on which it became lawful for any of the employees to
strike continue to apply, unless the parties agree otherwise.
Deemed
referral to mediator-arbitrator
sections 169 to 189 apply to the employer and the bargaining agent in respect
of the power workers bargaining unit, the parties are deemed to have referred
to a mediator-arbitrator, on the day the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent, all matters remaining in dispute between them with respect to the terms
and conditions of employment of the employees.
Appointment
of mediator-arbitrator
(1) On
or before the fifth day after the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent, the parties shall jointly appoint the mediator-arbitrator referred to
section 178 and shall forthwith notify the Minister of the name and address
of the person appointed.
Same
(2) If
the parties fail to notify the Minister as subsection (1) requires, the
Minister shall forthwith appoint the mediator-arbitrator and notify the parties
of the name and address of the person appointed.
Replacement
(3) If
the parties notify the Minister that they agree that the mediator-arbitrator is
unable or unwilling to perform his or her duties so as to make an award, the
parties shall, on or before the fifth day after the notification, jointly
appoint a new mediator-arbitrator and shall forthwith notify the Minister of
the name and address of the person appointed.
Same
(4) If
the Minister notifies the parties that in the Minister’s opinion the
mediator-arbitrator is unable or unwilling to perform his or her duties so as
to make an award, the parties shall, on or before the fifth day after the
notification, jointly appoint a new mediator-arbitrator and shall forthwith
notify the Minister of the name and address of the person appointed.
Same
(5) If
the parties fail to notify the Minister as subsection (3) or (4) requires, the
Minister shall forthwith appoint a new mediator-arbitrator and notify the
parties of the name and address of the person appointed.
Same
(6) The
dispute resolution process shall begin anew on the appointment of a new
mediator-arbitrator under subsection (3), (4) or (5).
Minister’s
power
(7) The
Minister may appoint as a mediator-arbitrator a person who is, in the opinion
of the Minister, qualified to act.
Delegation
(8) The
Minister may delegate in writing to any person the Minister’s power to make an
appointment under this section.
Proof
of appointment, etc.
(9) An
appointment made under this
section that purports to be signed by or on behalf
of the Minister shall be received in evidence in any proceeding as proof, in
the absence of evidence to the contrary, of the facts stated in it without
proof of the signature or the position of the person appearing to have signed
it.
Selection
of method of dispute resolution
(1) The
mediator-arbitrator shall select the method of dispute resolution and shall
notify the parties of the selection.
Same
(2) The
mediator-arbitrator shall consider all methods of dispute resolution and in his
or her sole discretion shall select the method that he or she believes is the
most appropriate method having regard to the nature of the dispute.
Appointment
and proceedings of mediator-arbitrator not subject to review
It is
conclusively presumed that the appointment of a mediator-arbitrator made under
section 179 is properly made, and no application shall be made to question the
appointment or to prohibit or restrain any of the mediator-arbitrator’s
proceedings, including the selection of a method of dispute resolution made
under
section 180.
Jurisdiction
of mediator-arbitrator
(1) The
mediator-arbitrator has exclusive jurisdiction to determine all matters that he
or she considers necessary to conclude a new collective agreement.
Time
period
(2) The
mediator-arbitrator remains seized of and may deal with all matters within his
or her jurisdiction until the new collective agreement is executed by the
parties or comes into force under subsection 189 (5).
Mediation
(3) The
mediator-arbitrator may try to assist the parties to settle any matter that he
or she considers necessary to conclude the new collective agreement.
Notice,
matters agreed on
(4) As
soon as possible after a mediator-arbitrator is appointed, but in any event no
later than seven days after the appointment, the parties shall give the
mediator-arbitrator written notice of the matters on which they reached
agreement before the appointment.
Same
(5) The
parties may at any time give the mediator-arbitrator written notice of matters
on which they reach agreement after the appointment of a mediator-arbitrator.
Time
limits
(1) The
mediator-arbitrator shall begin the dispute resolution proceeding within 30
days after being appointed and shall make all awards under sections 169 to 189
within 90 days after being appointed, unless the proceeding is terminated under
subsection 188 (2).
Extensions
(2) The
parties and the mediator-arbitrator may, by written agreement, extend a time
period specified in subsection (1) either before or after it expires.
Procedure
(1) The
mediator-arbitrator shall determine the procedure for the selected method of
dispute resolution but shall permit the parties to present evidence and make
submissions.
Application
of s. 48 (12) (
a) to (i)
(2) Clauses
48 (12) (
a) to (
i) apply, with necessary modifications, to proceedings before
the mediator-arbitrator and to his or her decisions.
Exclusions
(3) The
Arbitration Act, 1991 and the Statutory
Powers Procedure Act do not apply to mediation-arbitration proceedings
under sections 169 to 189.
Award
of mediator-arbitrator
(1) An
award by the mediator-arbitrator under sections 169 to 189 shall address all
the matters to be dealt with in the new collective agreement with respect to
the parties and the power workers bargaining unit.
Criteria
(2) In
making an award, the mediator-arbitrator shall take into consideration all
factors that he or she considers relevant, including the following criteria:
1. The
employer’s ability to pay in light of its fiscal situation.
2. The
economic situation in Ontario.
3. A
comparison, as between the employees and comparable employees in the public and
private sectors, of the nature of the work performed and of the terms and
conditions of employment.
4. The
employer’s ability to attract and retain qualified employees.
5. The
purposes of the Public Sector Dispute Resolution Act, 1997 .
Restriction
— discipline and discharge
(3) The
mediator-arbitrator shall not include a provision in an award that prohibits
the employer from discharging or disciplining an employee for just cause in
respect of any activity that took place during the period that begins on the
date on which a strike or lock-out in respect of the power workers bargaining unit
became lawful and ends on the date on which a new collective agreement is
executed by the parties or comes into force under subsection 189 (5).
Same
(4) Any
dispute between the parties concerning discharge or discipline in respect of
activities that took place during the period described in subsection (3) shall
be determined through the grievance procedure and arbitration procedure
established in the new collective agreement.
Retroactive
alteration of terms of employment
(5) The
award may provide for the retroactive alteration of one or more terms and
conditions of employment, to one or more dates after March 31, 2018, and may do
so despite
section 177.
Effect
of award
The
award of a mediator-arbitrator under sections 169 to 189 is final and binding
on the parties and on the employees.
Costs
Each
party shall pay one-half of the fees and expenses of the mediator-arbitrator.
Continued
negotiation
(1) Until
an award is made, nothing in sections 178 to 187 prohibits the parties from
continuing to negotiate with a view to making a new collective agreement and
they are encouraged to do so.
New
collective agreement concluded by parties
(2) If
the parties execute a new collective agreement before an award is made, they
shall notify the mediator-arbitrator of the fact and the mediation-arbitration
proceeding is thereby terminated.
Execution
of new collective agreement
(1) Within
seven days after the mediator-arbitrator makes an award, the parties shall
prepare and execute documents giving effect to the award.
Same
(2) The
documents required by subsection (1) constitute the new collective agreement
between the parties.
Extension
(3) The
mediator-arbitrator may extend the period referred to in subsection (1), but
the extended period shall end no later than 30 days after the
mediator-arbitrator made the award.
Preparation
by mediator-arbitrator
(4) If
the parties do not prepare and execute the documents as required under
subsections (1) and (3), the mediator-arbitrator shall prepare the necessary
documents and give them to the parties for execution.
Failure
to execute
(5) If
either party fails to execute the documents prepared by the mediator-arbitrator
within seven days after receiving them, the documents come into force as though
they had been executed by the parties and those documents constitute the new
collective agreement between the parties.
Sections 169 to 189 of the Act are repealed.
Commencement
and
Short Title
Commencement
(1) Subject to subsection (2), this Act comes into force on the day
it receives Royal Assent.
(2) Section
2 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Short
title
The
short title of this Act is the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 .
Bill 67 Original (PDF)
EXPLANATORY
NOTE
The
Bill amends the Labour Relations Act, 1995 to
address the current labour dispute between Ontario Power Generation Inc. and
the Power Workers’ Union. It prohibits any strike or lock-out from
occurring, requires the termination of any strike or lock-out that is underway
and provides a mechanism for achieving a new collective agreement.
Bill 67 2018
Act to amend the Labour Relations Act, 1995
Preamble
The
last collective agreement between Ontario Power Generation Inc. and the Power
Workers’ Union expired on March 31, 2018. The parties have been engaged in the
collective bargaining process for many months, including conciliation with the
assistance of the Ministry of Labour, but have been unable to resolve their
dispute. On December 13, 2018, the Power Workers’ Union’s membership did not
ratify Ontario Power Generation Inc.’s final offer. The parties appear
deadlocked and on December 14, 2018, the Power Workers’ Union gave notice of a
strike.
The
workers in Ontario’s electricity generating stations are professional, skilled
individuals responsible for the safe and secure ongoing operation and
maintenance of complex, vital facilities.
Through
these facilities, Ontario Power Generation Inc. produces approximately 50 per
cent of Ontario’s electricity that families, businesses and industry rely on
every day. The Independent Electricity System Operator has advised that any
prolonged outage caused by a labour disruption would jeopardize the electricity
supply to Ontario’s homes, industry and businesses, which could impair public
safety and well-being and have a devastating impact and ripple effect on the
province’s economy.
Ontario
cannot allow families and seniors to have to live in the dark or to go without
heat, especially during winter months. This serious situation requires swift
and decisive action. Protecting the public interest and the health and safety
of the people of Ontario requires the continuation of operations at Ontario
Power Generation Inc. and the resolution of the labour dispute through a fair
process of dispute resolution.
Therefore,
Her Majesty, by and with the advice and consent of the Legislative Assembly of
the Province of Ontario, enacts as follows:
Section 169 of the Labour Relations Act, 1995 is repealed
and the following substituted:
Ontario
Power Generation Industry
Definitions
In this
section and sections 170 to 189,
“bargaining
agent” means the Power Workers’ Union (PWU), Canadian Union of Public
Employees, Local 1000 - CLC; (“agent négociateur”)
“employees”
means the employees of the employer who are represented by the bargaining agent
and included in the power workers bargaining unit; (“employés”)
“employer”
means Ontario Power Generation Inc.; (“employeur”)
“new
collective agreement”, when used with respect to the power workers bargaining
unit, means a collective agreement that,
(
a) applies
to the employees in the unit, and
(
b) is
executed on or after the day the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent or comes into force under subsection 189 (5); (“nouvelle convention
collective”)
“parties”,
when used in relation to a dispute, a dispute resolution proceeding dealing
with the dispute or a new collective agreement, means the employer and the bargaining
agent; (“parties”)
“power
workers bargaining unit” means all regular, part-time and temporary employees,
including technicians of the construction field forces and security employees
but excluding,
(
a) employees
represented by other bargaining agents,
(
b) persons
above the rank of working supervisor,
(
c) persons
who exercise managerial functions in accordance with this Act, and
(
d) persons
employed in a confidential capacity in matters relating to labour relations in
accordance with this Act,
set out in
Article 1.1 in the collective agreement between the employer and the
bargaining agent effective from April 1, 2015 to March 31, 2018. (“unité de
négociation des travailleurs du secteur énergétique”)
Application
of ss. 169 to 189
(1) Sections 169 to 189
apply to the employer, the bargaining agent and the employees if the employer
and the bargaining agent have not executed a collective agreement after March
31, 2018 and before the day the Labour Relations Amendment
Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent with
respect to the power workers bargaining unit.
Same,
for greater certainty
(2) For
greater certainty, sections 169 to 189 apply in accordance with subsection
(1) even if the parties were otherwise in a lawful strike or lock-out position
under this Act immediately before the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent.
Conflict
(3) In
the event of a conflict between a provision in sections 169 to 189 and a provision
in sections 1 to 125, the provision in sections 169 to 189 prevails.
Prohibition
re strike
(1) Subject
section 175, no employee shall strike and no person or trade union shall
call or authorize, or threaten to call or authorize, a strike by any employees.
Same
(2) Subject
section 175, no officer, official or agent of a trade union shall counsel, procure,
support, encourage or threaten a strike by any employees.
Prohibition
re lock-out
(1) Subject
section 175, the employer shall not lock out, authorize a lock-out or
threaten to lock out any employees.
Same
(2) Subject
section 175, no officer, official or agent of the employer shall counsel,
procure, support, encourage or threaten a lock-out of any employees.
Duties
of employer and bargaining agent
Application
section
(1) This
section applies if a strike or lock-out involving the employees is in effect
immediately before the Labour Relations Amendment Act
(Protecting Ontario’s Power Supply), 2018 receives Royal Assent.
Operation
of undertakings
(2) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the employer shall
use all reasonable efforts to operate and continue to operate its undertakings,
including any operations interrupted during any lock-out or strike that is in
effect immediately before the Labour Relations Amendment
Act (Protecting Ontario’s Power Supply), 2018 receives Royal Assent.
Termination
of lock-out
(3) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the employer shall
terminate any lock-out of employees that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power
Supply), 2018 receives Royal Assent.
Termination
of strike
(4) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, the bargaining
agent shall terminate any strike by employees that is in effect immediately
before the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent.
Same
(5) As
soon as the Labour Relations Amendment Act (Protecting
Ontario’s Power Supply), 2018 receives Royal Assent, each employee shall
terminate any strike that is in effect immediately before the Labour Relations Amendment Act (Protecting Ontario’s Power
Supply), 2018 receives Royal Assent and shall, without delay, resume the
performance of the duties of his or her employment or shall continue performing
them, as the case may be.
Exception
(6) Subsection
(5) does not preclude an employee from not reporting to work and performing his
or her duties for reasons of health or by mutual consent of the employee and
the employer.
Non-application
of s. 109
Section
109 does not apply in respect of a prosecution for a contravention of sections 171,
172 or 173.
Strike
or lock-out after new collective agreement
After
a new collective agreement with respect to the power workers bargaining unit is
executed by the parties or comes into force under subsection 189 (5), sections 170
to 173 cease to apply and the right of the employees in the unit to strike and
the right of the employer to lock out those employees is otherwise governed by
this Act.
Deeming
provision: unlawful strike or lock-out
strike or lock-out in contravention of
section 171, 172 or 173 is deemed to be
an unlawful strike or lock-out for the purposes of this Act.
Terms
of employment
Until
a new collective agreement with respect to the power workers bargaining unit is
executed by the parties or comes into force under subsection 189 (5), the terms
and conditions of employment that applied with respect to the employees on the
day before the first day on which it became lawful for any of the employees to
strike continue to apply, unless the parties agree otherwise.
Deemed
referral to mediator-arbitrator
sections 169 to 189 apply to the employer and the bargaining agent in respect
of the power workers bargaining unit, the parties are deemed to have referred
to a mediator-arbitrator, on the day the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent, all matters remaining in dispute between them with respect to the terms
and conditions of employment of the employees.
Appointment
of mediator-arbitrator
(1) On
or before the fifth day after the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 receives Royal
Assent, the parties shall jointly appoint the mediator-arbitrator referred to
section 178 and shall forthwith notify the Minister of the name and address
of the person appointed.
Same
(2) If
the parties fail to notify the Minister as subsection (1) requires, the Minister
shall forthwith appoint the mediator-arbitrator and notify the parties of the
name and address of the person appointed.
Replacement
(3) If
the parties notify the Minister that they agree that the mediator-arbitrator is
unable or unwilling to perform his or her duties so as to make an award, the
parties shall, on or before the fifth day after the notification, jointly
appoint a new mediator-arbitrator and shall forthwith notify the Minister of
the name and address of the person appointed.
Same
(4) If
the Minister notifies the parties that in the Minister’s opinion the
mediator-arbitrator is unable or unwilling to perform his or her duties so as
to make an award, the parties shall, on or before the fifth day after the
notification, jointly appoint a new mediator-arbitrator and shall forthwith
notify the Minister of the name and address of the person appointed.
Same
(5) If
the parties fail to notify the Minister as subsection (3) or (4) requires, the
Minister shall forthwith appoint a new mediator-arbitrator and notify the
parties of the name and address of the person appointed.
Same
(6) The
dispute resolution process shall begin anew on the appointment of a new
mediator-arbitrator under subsection (3), (4) or (5).
Minister’s
power
(7) The
Minister may appoint as a mediator-arbitrator a person who is, in the opinion
of the Minister, qualified to act.
Delegation
(8) The
Minister may delegate in writing to any person the Minister’s power to make an
appointment under this section.
Proof
of appointment, etc.
(9) An
appointment made under this
section that purports to be signed by or on behalf
of the Minister shall be received in evidence in any proceeding as proof, in
the absence of evidence to the contrary, of the facts stated in it without
proof of the signature or the position of the person appearing to have signed
it.
Selection
of method of dispute resolution
(1) The
mediator-arbitrator shall select the method of dispute resolution and shall
notify the parties of the selection.
Same
(2) The
mediator-arbitrator shall consider all methods of dispute resolution and in his
or her sole discretion shall select the method that he or she believes is the
most appropriate method having regard to the nature of the dispute.
Appointment
and proceedings of mediator-arbitrator not subject to review
It is
conclusively presumed that the appointment of a mediator-arbitrator made under
section 179 is properly made, and no application shall be made to question the
appointment or to prohibit or restrain any of the mediator-arbitrator’s
proceedings, including the selection of a method of dispute resolution made
under
section 180.
Jurisdiction
of mediator-arbitrator
(1) The
mediator-arbitrator has exclusive jurisdiction to determine all matters that he
or she considers necessary to conclude a new collective agreement.
Time
period
(2) The
mediator-arbitrator remains seized of and may deal with all matters within his
or her jurisdiction until the new collective agreement is executed by the
parties or comes into force under subsection 189 (5).
Mediation
(3) The
mediator-arbitrator may try to assist the parties to settle any matter that he
or she considers necessary to conclude the new collective agreement.
Notice,
matters agreed on
(4) As
soon as possible after a mediator-arbitrator is appointed, but in any event no
later than seven days after the appointment, the parties shall give the
mediator-arbitrator written notice of the matters on which they reached
agreement before the appointment.
Same
(5) The
parties may at any time give the mediator-arbitrator written notice of matters
on which they reach agreement after the appointment of a mediator-arbitrator.
Time
limits
(1) The
mediator-arbitrator shall begin the dispute resolution proceeding within 30
days after being appointed and shall make all awards under sections 169 to 189
within 90 days after being appointed, unless the proceeding is terminated under
subsection 188 (2).
Extensions
(2) The
parties and the mediator-arbitrator may, by written agreement, extend a time
period specified in subsection (1) either before or after it expires.
Procedure
(1) The
mediator-arbitrator shall determine the procedure for the selected method of
dispute resolution but shall permit the parties to present evidence and make
submissions.
Application
of s. 48 (12) (
a) to (i)
(2) Clauses
48 (12) (
a) to (
i) apply, with necessary modifications, to proceedings before
the mediator-arbitrator and to his or her decisions.
Exclusions
(3) The
Arbitration Act, 1991 and the Statutory
Powers Procedure Act do not apply to mediation-arbitration proceedings
under sections 169 to 189.
Award
of mediator-arbitrator
(1) An
award by the mediator-arbitrator under sections 169 to 189 shall address all
the matters to be dealt with in the new collective agreement with respect to
the parties and the power workers bargaining unit.
Criteria
(2) In
making an award, the mediator-arbitrator shall take into consideration all
factors that he or she considers relevant, including the following criteria:
1. The
employer’s ability to pay in light of its fiscal situation.
2. The
economic situation in Ontario.
3. A
comparison, as between the employees and comparable employees in the public and
private sectors, of the nature of the work performed and of the terms and
conditions of employment.
4. The
employer’s ability to attract and retain qualified employees.
5. The
purposes of the Public Sector Dispute Resolution Act, 1997 .
Restriction
— discipline and discharge
(3) The
mediator-arbitrator shall not include a provision in an award that prohibits
the employer from discharging or disciplining an employee for just cause in
respect of any activity that took place during the period that begins on the
date on which a strike or lock-out in respect of the power workers bargaining
unit became lawful and ends on the date on which a new collective agreement is
executed by the parties or comes into force under subsection 189 (5).
Same
(4) Any
dispute between the parties concerning discharge or discipline in respect of
activities that took place during the period described in subsection (3) shall
be determined through the grievance procedure and arbitration procedure
established in the new collective agreement.
Retroactive
alteration of terms of employment
(5) The
award may provide for the retroactive alteration of one or more terms and
conditions of employment, to one or more dates after March 31, 2018, and may do
so despite
section 177.
Effect
of award
The
award of a mediator-arbitrator under sections 169 to 189 is final and binding
on the parties and on the employees.
Costs
Each
party shall pay one-half of the fees and expenses of the mediator-arbitrator.
Continued
negotiation
(1) Until
an award is made, nothing in sections 178 to 187 prohibits the parties from
continuing to negotiate with a view to making a new collective agreement and
they are encouraged to do so.
New
collective agreement concluded by parties
(2) If
the parties execute a new collective agreement before an award is made, they
shall notify the mediator-arbitrator of the fact and the mediation-arbitration
proceeding is thereby terminated.
Execution
of new collective agreement
(1) Within
seven days after the mediator-arbitrator makes an award, the parties shall
prepare and execute documents giving effect to the award.
Same
(2) The
documents required by subsection (1) constitute the new collective agreement
between the parties.
Extension
(3) The
mediator-arbitrator may extend the period referred to in subsection (1), but
the extended period shall end no later than 30 days after the
mediator-arbitrator made the award.
Preparation
by mediator-arbitrator
(4) If
the parties do not prepare and execute the documents as required under
subsections (1) and (3), the mediator-arbitrator shall prepare the necessary
documents and give them to the parties for execution.
Failure
to execute
(5) If
either party fails to execute the documents prepared by the mediator-arbitrator
within seven days after receiving them, the documents come into force as though
they had been executed by the parties and those documents constitute the new
collective agreement between the parties.
Sections 169 to 189 of the Act are repealed.
Commencement
and
Short Title
Commencement
(1) Subject to subsection (2), this Act comes into force on the day
it receives Royal Assent.
(2) Section
2 comes into force on a day to be named by proclamation of the Lieutenant
Governor.
Short
title
The
short title of this Act is the Labour Relations
Amendment Act (Protecting Ontario’s Power Supply), 2018 .
Date Bill stage Event Outcome Committee
December 20, 2018
Royal Assent
Royal Assent received
December 20, 2018
Third Reading
Vote
Carried on division
December 20, 2018
Third Reading
Deferred vote
December 20, 2018
Third Reading
Debated
December 19, 2018
Second Reading
Ordered for Third Reading pursuant to the Order of the House
December 19, 2018
Second Reading
Discharge the Order of referral to Committee
December 19, 2018
Second Reading
Time allocated
December 18, 2018
Second Reading
Ordered referred to Standing Committee
Standing Committee on Justice Policy
December 18, 2018
Second Reading
Vote
Carried on division
December 18, 2018
Second Reading
Debated
December 17, 2018
First Reading
Vote
Carried on division
Debates and Progress
First Reading
December 17, 2018
Carried on division.
Committee
Second Reading
December 18, 2018
Principal Debaters :
Hon. Laurie Scott, Hon. Greg Rickford, Hon. Doug Ford, Mr. John Vanthof, Mr. Peter Tabuns, Mr. John Fraser
Questions and Comments :
Mme France Gélinas, Mr. Jamie West, Mr. Robert Bailey, M. Guy Bourgouin, Ms. Judith Monteith-Farrell, Mr. Paul Calandra, Mr. Sol Mamakwa, Mr. Wayne Gates, Ms. Sandy Shaw
Carried on recorded division. Referred to the Standing Committee on Justice Policy.
Time Allocation
December 19, 2018
Hon. Steve Clark, Mr. Gilles Bisson, Ms. Teresa J. Armstrong
Vote deferred
December 19, 2018
Carried on recorded division. Order of referral to the Standing Committee on Justice Policy discharged. Ordered for third reading pursuant to the order of the House.
Committee
Standing Committee on Justice Policy
Third Reading
December 20, 2018
Principal Debaters :
Hon. Laurie Scott, Ms. Andrea Horwath, Mr. John Fraser, Hon. Greg Rickford, Mr. Mike Schreiner, Hon. Steve Clark, Mr. Jamie West, Mr. Stephen Lecce, Mr. Gilles Bisson
Vote deferred.
December 20, 2018
Carried on recorded division.
Royal Assent
Thursday, December 20, 2018
Acts affected - Bill 67
Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws
Labour Relations Act, 1995
Legislative Assembly of Ontario
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