Ability to Pay Act, 2012 Wilson, Jim — Bill 121 (40th Parliament, 1st Session)

Bill 121, 40-1

Ontario — Bills

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Bill 121, Ability to Pay Act, 2012

Wilson, Jim

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[40] Bill 121 Original (PDF)

Bill 121 2012

Act to deal with arbitration in the public sector

Note:

This Act amends or repeals more than one Act. For the legislative history of

these Acts, see the Table of Consolidated Public Statutes – Detailed

Legislative History at www.e-Laws.gov.on.ca.

CONTENTS

Definitions

Arbitration

criteria

Ability

to Pay Division

Arbitration

not provided under other specific Acts

Voluntary

arbitration

First

agreement arbitration

Regulations

Transition

Repeal

section 3

Ambulance

Services Collective Bargaining Act, 2001

Crown

Employees Collective Bargaining Act, 1993

Education

Act

Fire

Protection and Prevention Act, 1997

Hospital

Labour Disputes Arbitration Act

Ontario Provincial Police

Collective Bargaining Act, 2006

Police

Services Act

Provincial

Schools Negotiations Act

Public

Sector Dispute Resolution Act, 1997

Public

Sector Labour Relations Transition Act, 1997

Toronto Transit Commission

Labour Disputes Resolution Act, 2011

Commencement

Short

title

______________

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

(1) In this Act,

"employee"

includes a director or officer of an employer, and a holder of office elected

or appointed under the authority of

an Act of Ontario; ("employé")

"employer" means,

(

a) an

employer in the public sector that does not carry on its activities for the

purpose of gain or profit to its members or shareholders, and includes the

Crown and a body to which a person is elected or appointed under the authority

of

an Act of Ontario,

(

b) Hydro

One Inc. and each of its subsidiaries, and

(

c) Ontario

Power Generation Inc. and each of its subsidiaries; ("employeur")

"Hydro One Inc." has the same meaning as in the Electricity

Act, 1998 ; ("Hydro One Inc.")

"Ontario Power Generation Inc." has the same meaning as in the Electricity Act, 1998 ; ("Ontario Power Generation Inc.")

"public sector" means,

(

a) the

Crown in right of Ontario, every agency thereof, and every authority, board,

commission, corporation, office or organization of persons a majority of whose

directors, members or officers are appointed or chosen by or under the

authority of the Lieutenant Governor in Council or a member of the Executive

Council,

(

b) the

corporation of every municipality in Ontario,

(

c) subject

to the Government funding condition in subsection (2), every local board as

defined by the Municipal Affairs Act and every authority,

board, commission, corporation, office or organization of persons some or all

of whose members, directors or officers are appointed or chosen by or under the

authority of the council of the corporation of a municipality in Ontario,

(

d) every

board as defined in the Education Act ,

(

e) every

university in Ontario and every college of applied arts and technology and

post-secondary institution in Ontario whether or not affiliated with a

university, the enrolments of which are counted for purposes of calculating

annual operating grants entitlements,

(

f) every

hospital referred to in the list of hospitals and their grades and

classifications maintained by the Minister of Health and Long-Term Care under

the Public Hospitals Act and every private hospital

operated under the authority of a licence issued under the Private Hospitals Act ,

(

g) subject

to the Government funding condition in subsection (2), every corporation with

share capital, at least 90 per cent of the issued shares of which are

beneficially held by or for an employer or employers described in clauses (

a) to (f), and every wholly-owned subsidiary thereof,

(

h) subject

to the Government funding condition in subsection (2), every corporation

without share capital, the majority of whose members, directors or officers are

members of, or are appointed or chosen by or under the authority of, an

employer or employers described in clauses (

a) to (f), and every wholly-owned

subsidiary thereof,

(

i) every

board of health under the Health Protection and Promotion

Act ,

(

j) the

Office of the Lieutenant Governor of Ontario, the Office of the Assembly,

members of the Assembly and the offices of persons appointed on an address of

the Assembly,

(

k) any

corporation, entity, person or organization of persons to which the Government

funding condition in subsection (2) applies,

(

l) any

authority, board, commission, corporation, office, person or organization of

persons, or any class of authorities, boards, commissions, corporations,

offices, persons or organizations of persons, prescribed as an employer by the

regulations made under this Act,

(

m) Hydro

One Inc. and each of its subsidiaries, or

(

n) Ontario

Power Generation Inc. and each of its subsidiaries. ("secteur public")

Funding

received from Government

(2) A body referred to in clause (c), (g), (

h) or (

k) of

the definition of "public sector" in subsection (1) is included in the

definition of "public sector" in a year only if the body received funding from

the Government of Ontario in that year of an amount that is at least equal to,

(a) $1,000,000;

(b) 10

per cent of the body's gross revenues for the year if that percentage is

$120,000 or more.

Proof

of percentage of funding

(3) The Management Board of Cabinet may require an

officer, director or employee of a body to provide evidence satisfactory to the

Secretary of the Management Board of Cabinet that the funding received from the

Government of Ontario by the body in a year is less than 10 per cent of the

body's gross revenues for the year, if, for the year,

(

a) the

body received funding from the Government of Ontario of less than $1,000,000

and at least $120,000; and

(

b) the

body would be an employer to whom this Act applies if its funding from the

Government of Ontario for the year were at least 10 per cent of its gross

revenues for the year.

Failure

to provide evidence

(4) If satisfactory evidence is not provided under

subsection (3), the Management Board of Cabinet may require that payments from

a ministry of the Crown to fund any activity or program of that body be

withheld, and

section 5 of the Public Sector Salary

Disclosure Act, 1996 applies, with necessary modifications, in respect

of the payment withheld.

When

government funding condition not applicable

(5) Where an employer described in clause (c), (g), (

h) or

(

k) of the definition of "public sector" in subsection (1) is also described in

another clause of that definition, the employer is in the public sector whether

or not the government funding condition in subsection (2) is met.

Arbitration

criteria

(1) In making a decision or award,

a board of arbitration settling all or part of a collective agreement for

employees of an employer shall take into account the following criteria, in

addition to any other criteria provided by law:

1. National,

provincial and local unemployment rates, economic growth rates and personal

income levels.

2. A

comparison, as between the employees and other comparable employees in the

remuneration and benefits, and the nature of the work performed.

3. Inherent

advantages in bargaining enjoyed by the employees because there is a monopoly

on services, because the activities are not carried on for profit, or for

both reasons.

4. If

applicable, the mandate of elected officials.

5. If

the employer is a municipality or local board of a municipality as defined in

section 1 of the Municipal

Act, 2001 or

section 3 of the City of Toronto Act, 2006 ,

i. the

municipality's projected budget surplus or deficit,

ii. the

municipality's revenue and expenditures,

iii. the

growth or decline of the municipality's tax base,

iv. the

municipality's net debt and borrowing costs.

6. If

the employer is not a municipality or local board of a municipality as defined

section 1 of the Municipal Act, 2001 or

section

3 of the City of Toronto Act, 2006 ,

i. the

Province's projected budget surplus or deficit,

ii. the

Province's revenue and expenditures,

iii. the

growth or decline of the Province's tax base,

iv. the

Province's net debt and borrowing costs.

7. Any

other criteria prescribed by regulation.

tax increase

(2) In applying the criteria under paragraphs 5 and 6 of subsection

(1), the board of arbitration shall assume that no tax rate will be increased

to pay the costs of the board's decision or award.

Ability

to Pay Division

(1) The Minister of Finance shall

to Pay Division and in French as Division de la capacité de payer.

Existing

resources only

(2) The budget and staff of the Ability to Pay Division shall

be drawn only from the resources allocated to the Ministry on or before the day

this Act comes into force.

Collection

and publication of information

(3) The Ability to Pay Division shall collect and publish

information relating to arbitrations settling all or part of collective

agreements for employees.

Specific

publications

(4) Without limiting what else the Ability to Pay Division

may publish, it shall publish the following:

1. National,

provincial and local unemployment rates, economic growth rates and personal

income levels.

2. For

employees in the public and private sectors, comparisons of the terms and

conditions of employment, including remuneration and benefits.

3. Information

on the criteria set out in subparagraphs 6 i to iv of subsection 2 (1).

4. Information

on recent arbitration decisions or awards settling all or part of collective

agreements for employees of employers in Ontario or similar organizations elsewhere

in Canada.

5. Information

on collective agreements for employees of employers in Ontario or similar

organizations elsewhere in Canada.

Filing

with Ability to Pay Division

(5) If a board of arbitration makes a decision or award

settling all or part of a collective agreement for employees of an employer,

the board of arbitration shall, as soon as possible, file a copy of the

decision or award with the Ability to Pay Division.

Arbitration

not provided under other specific Acts

4. Sections 5 and 6 apply with respect to an arbitration

settling all or part of

a collective agreement for employees of an employer if the Labour

Relations Act, 1995 applies with respect to the collective agreement but

the arbitration is not an arbitration under any of the following provisions:

Section

20 of the Ambulance Services Collective Bargaining Act, 2001 .

Section

4 or 5 of the Crown Employees Collective Bargaining Act, 1993 .

Section

277.9.1 or 277.9.2 of the Education Act .

Section

50.2 of the Fire Protection and Prevention Act, 1997 .

Section

6 of the Hospital Labour Disputes Arbitration Act .

Section

6 of the Ontario Provincial Police Collective Bargaining Act, 2006 .

Section

122 of the Police Services Act .

Section

6.1 or 6.2 of the Provincial Schools Negotiations Act .

Section

32 of the Public Sector Labour Relations Transition Act, 1997 .

Section

5 of the Toronto Transit Commission Labour Disputes Resolution Act,

2011 .

Voluntary

arbitration

(1) Under subsection 40 (1) of the

Labour Relations Act, 1995 , if the parties agree to

refer matters remaining in dispute between them to arbitration, the referral

shall be to a board of arbitration described in this

section and the parties

shall notify the Minister of Labour.

Appointment

of board of arbitration

(2) Within seven days after the parties have agreed to

refer matters to arbitration, the Minister of Labour shall appoint a board of

arbitration and designate one of the members

Document details

Collection	Ontario — Bills
Citation	Bill 121, 40-1
Type	bill
Volume / chapter	p40 s1 bill 121 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4ef11c5eccdc82a5392b33376737182b950bb5e4

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