Labour Relations Amendment Act (Construction Industry), 2000 Stockwell, Hon. Chris Minister of Labour — Bill 69 (37th Parliament, 1st Session)

Bill 69, 37-1

Ontario — Bills

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Bill 69, Labour Relations Amendment Act (Construction Industry), 2000

Stockwell, Hon. Chris Minister of Labour

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[37] Bill 69 Royal Assent (PDF)

Bill 69

Bill 692000

An Act to amend the

Labour Relations Act, 1995

in relation to the

construction industry

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1.Section 125 of the Labour Relations Act, 1995, as

amended by the Statutes of Ontario, 1998,

chapter 8,

section 15, is further

amended by adding the following clause:

(l.0.1)designating regional employers' organizations for the purposes of

section 151.

2.Section 126 of the Act, as amended by the Statutes of Ontario,

1998,

chapter 8,

section 16, is further amended by adding the following

subsections:

Interpretation

(2)Subsections (3) and (5) apply with respect to an employer or a

non-construction employer where a trade union, council of trade unions or

affiliated bargaining agent or employee bargaining agency, as defined in

section 151, has bargaining rights in relation to construction work performed

by or on behalf of that employer or non-construction employer.

Single employer declarations

(3)The following apply if an application is made under subsection 1

(4) for a declaration that two or more entities should be treated as constituting

one employer and any of the entities is an employer or a non-construction

employer:

1.The Board shall not consider any relationship by way of blood, marriage

or adoption between an individual having a direct or indirect involvement

with one of the entities and an individual having a direct or indirect

involvement with any of the other entities.

2.If the applicant proposes that the entities should be treated as

constituting one employer because an individual was a key individual with

respect to two or more of them and if the time at which the individual was

alleged to have been a key individual with respect to one of the entities is

a different time than that at which he or she is alleged to have been a key

individual with respect to the others, the Board shall consider,

i.the length of any hiatus between when the individual was a key

individual with the one entity and when the individual was a key individual

with the other entity or entities,

ii.whether the first entity with respect to which the individual is

alleged to have been a key individual was one with which he or she occupied a

formal management role; and

iii.whether the first entity with respect to which the individual is

alleged to have been a key individual was able to carry on business without

substantial disruption or loss when he or she ceased to be involved with that

entity.

Definition

(4)In subsection (3), "

entity" means a corporation, individual, firm, syndicate or association or

any combination of any of them.

Sale of a business

(5)In determining whether an employer or a non-construction employer has

sold a business, the following apply:

1.The Board shall not consider any relationship by way of blood, marriage

or adoption between an individual having a direct or indirect involvement

with the employer or non-construction employer that sold the business and an

individual having a direct or indirect involvement with the person to whom

the business was allegedly sold.

2.If it is alleged that the employer or non-construction employer sold a

business because an individual was a key individual in relation both to the

alleged seller and to the person to whom the business was allegedly sold and

if the time at which the individual was alleged to have been a key individual

in relation to the alleged seller is a different time than that at which he

or she was alleged to have been a key individual in relation to the person to

whom the business was sold, the Board shall consider,

i.the length of any hiatus between when the individual was a key

individual in relation to the alleged seller and when the individual was a

key individual in relation to the person to whom the business was allegedly

sold,

ii.whether the individual occupied a formal management role with the

alleged seller, and

iii.whether the alleged seller was able to carry on business without

substantial disruption or loss when the individual ceased to be involved with

the alleged seller.

3.The Act is amended by adding the following

sections:

Residential Sector of the

Construction Industry

Application of

section

150.1 (1)This

section applies only with respect to the

geographic areas of jurisdiction of the following municipalities:

1.The City of Toronto.

2.The Regional Municipality of Halton.

3.The Regional Municipality of Peel.

4.The Regional Municipality of York.

5.The Regional Municipality of Durham.

6.The County of Simcoe.

Deemed expiry of collective agreements

(2)A collective agreement between an employer or employers' organization

and a trade union or council of trade unions that applies with respect to

work performed in the residential sector of the construction industry shall

be deemed to expire with respect to that work on April 30, 2001 if,

(a)it is in effect on the day

section 3 of the Labour Relations

Amendment Act (Construction Industry), 2000 comes into force or it comes

into effect after that day; and

(b)it is to expire before April 30, 2004.

Same

(3)Subsection (2) applies even if the collective agreement would have a

term of less than one year as a result.

Notice to bargain

(4)Despite subsection 59 (1), a notice of desire to bargain may be given

any time after December 31, 2000 with respect to a collective agreement that

is deemed under this

section to expire on April 30, 2001.

No extension permitted

(5)The parties to a collective agreement described in subsection (2) may

not agree to continue the operation of that agreement with respect to work

performed in the residential sector of the construction industry beyond April

30, 2001 and any renewal provision in a collective agreement that purports to

do so shall be deemed to be void.

Agreements to be three-year agreements

(6)Every collective agreement to which subsection (2) applies that is

renewed and every new collective agreement that is made to replace a

collective agreement to which subsection (2) applies shall, with respect to

work performed in the residential sector of the construction industry,

provide for the expiry of the agreement on April 30, calculated triennially

from April 30, 2001.

Clarification re other work

(7)Nothing in this

section shall be interpreted to affect the validity of

a collective agreement to which this

section applies with respect to work

other than work performed in the residential sector of the construction

industry in the geographic areas referred to in subsection (1).

Application of

section

150.2 (1)A reference in this

section to a collective

agreement that expires on April 30, 2001 shall be deemed to be a reference to

a collective agreement that is deemed under subsection 150.1 (2) to expire on

April 30, 2001 with respect to work performed in the residential sector of

the construction industry in the geographic areas referred to in subsection

150.1 (1).

Prohibition re strike

(2)No individual represented by a trade union or council of trade unions

that is seeking to renew or replace a collective agreement that expires on

April 30, 2001 shall commence or continue a strike after June 15, 2001 with

respect to work in the residential sector of the construction industry in the

geographic areas referred to in subsection 150.1 (1).

Prohibition re calling strike

(3)No trade union or council of trade unions that is seeking to renew or

replace a collective agreement that expires on April 30, 2001 shall call or

authorize a strike or the continuation of a strike after June 15, 2001 with

respect to work in the residential sector of the construction industry in the

geographic areas referred to in subsection 150.1 (1).

Prohibition re calling lock-out

(4)No employer or employers' organization that is seeking to renew or

replace a collective agreement that expires on April 30, 2001 shall call or

authorize a lock-out or the continuation of a lock-out after June 15, 2001

with respect to work in the residential sector of the construction industry

in the geographic areas referred to in subsection 150.1 (1).

Interest arbitration

(5)Subject to subsection (6), either party to negotiations for the renewal

or replacement of a collective agreement that expires on April 30, 2001 may,

by notice given in accordance with subsection (8), require that the matters

in dispute between them be decided by arbitration.

Restriction

(6)A party shall not give notice under subsection (5) until the later

of,

(a)the day on which a strike or lock-out would have been legal had it not

been for this section; and

(b)June 15, 2001.

Exception

(7)Despite subsection (6), notice under subsection (5) may be given any

time after April 30, 2001 if notice of desire to bargain has been given and

both parties agree that it may be done.

Notice

(8)The notice shall be given in writing to the other party and to the

Minister of Labour.

If notice given

(9)If notice is given under subsection (5),

(a)the parties may jointly appoint an arbitrator or either party may

request the Minister in writing to appoint an arbitrator;

(b)if subsection (7) applies, the Minister shall not appoint a

conciliation officer, a conciliation board or a mediator;

(c)if subsection (7) applies and a conciliation officer, a conciliation

board or a mediator has been appointed, that appointment shall be deemed to

be terminated; and

all rights, privileges and duties that existed under the collective agreement

that expired on April 30, 2001 shall apply with respect to the employer, the

trade union and the employees, as the case may be, during the period

beginning on the day on which notice was given and ending on the day,

(i)a new collective agreement is made or the collective agreement that

expired is renewed, or

(ii)the right of the trade union to represent the employees is

terminated.

Exception

(10)The employer and the trade union may agree to alter a term or

condition of employment or a right, privilege or duty referred to in clause

(9) (b).

Minister to appoint arbitrator

(11)Upon receiving a request under clause (9) (a), the Minister shall

appoint an arbitrator.

Replacement

(12)If the arbitrator who is appointed is unable or unwilling to perform

his or her duties, a new arbitrator shall be appointed in accordance with

subsections (9) and (11).

Appointment and proceedings not to be questioned

(13)Where an individual has been appointed as an arbitrator under this

section, it shall be presumed conclusively that the appointment was properly

made and no application shall be made to question the appointment or to

prohibit or restrain any of the arbitrator's proceedings.

Fees and expenses

(14)Each party shall pay one-half of the fees and expenses of the

arbitrator.

Arbitration method and procedure

(15)If the parties do not agree upon the method of arbitration or the

arbitration procedure, the method or procedure, as the case may be, shall be

as prescribed by the regulations.

Non-application of Arbitration Act, 1991

(16)The Arbitration Act, 1991 does not apply to an arbitration

under this section.

Regulations

(17)The Lieutenant Governor in Council may make regulations,

(a)prescribing a method of arbitration, which may be

mediation-arbitration, final offer selection or any other method of

arbitration;

(b)prescribing an arbitration procedure;

(c)prescribing the powers of an arbitrator;

(d)prescribing a scale of fees and exp

Document details

Collection	Ontario — Bills
Citation	Bill 69, 37-1
Type	bill
Volume / chapter	p37 s1 bill 69 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	17ce135993fa56758f110ae48f11f2762cb23ed8

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