Labour Stability in the Industries of Film, Television, Radio and New Media Act, 2010 Tabuns, Peter — Bill 137 (39th Parliament, 2nd Session)

Bill 137, 39-2

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Bill 137, Labour Stability in the Industries of Film, Television, Radio and New Media Act, 2010

Tabuns, Peter

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[39] Bill 137 Original (PDF)

Bill 137 2010

An Act to

regulate labour relations in the industries of film, television, radio and new

media

Her

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

CONTENTS

PART I

GENERAL

Purpose

Interpretation

affect on taxation

PART II

APPLICATION OF THE LABOUR RELATIONS ACT, 1995

Labour

Relations Act, 1995

Powers,

etc., Ontario Labour Relations Board

Finality

Labour

relations officers

Representation

on Ontario Labour Relations Board

PART III

AGREEMENTS

Terms

of scale agreement included

Dispute

resolution

Transition,

current agreements

PART IV

DESIGNATED BARGAINING AGENTS - MEDIA INDUSTRY WORKERS

Designated bargaining

agents - media industry workers

Application to Minister

Designation

Effect of designation

Application for

revocation

Revocation

PART V

DESIGNATED BARGAINING AGENTS - PRODUCERS

Application

to Minister

Designation

Effect

of designation

Application

for revocation

Revocation

PART VI

REGULATIONS

Regulations

PART VII

COMMENCEMENT AND

SHORT TITLE

Commencement

Short

title

______________

Part I

General

Purpose

1. The purpose of this Act

is to provide for labour stability in the film, television, radio and new media

industries by regulating scale agreements between bargaining agents for media

industry workers and bargaining agents for producers.

Interpretation

2. In this Act,

"media

industry" means the film, television, radio or new media industry; ("industrie

des médias")

"media industry worker" means an individual,

(

a) who

receives remuneration for working in a media industry,

(

b) who

receives remuneration for providing a product or service for use in a

production,

(

c) who

is a member of a prescribed class of individuals, or

(

d) who

is defined as a media industry worker under a scale agreement; ("travailleur de

l'industrie des médias")

"Minister" means the Minister of Labour; ("ministre")

"prescribed" means prescribed by the regulations; ("prescrit")

"producer" means a person who develops or produces a production and who

engages media industry workers in connection with the production;

("producteur")

"production" means a work of artistic or commercial value developed or

produced for a media industry; ("production")

"scale agreement" means an agreement in writing between a designated

bargaining agent for members of a media industry workers' association and a

designated bargaining agent for members of a producers' association respecting

("accord-cadre")

No affect on taxation

3. Nothing

in this Act affects the rights or obligations of a media industry worker or a

producer under Ontario or federal tax legislation.

Part

Application of the Labour Relations Act, 1995

Labour Relations Act, 1995

(1) The

provisions of the Labour

Relations Act, 1995 and of the regulations made under it that are

prescribed under clause 23 (

b) apply to labour relations in the media industry,

with such adaptations, modifications and limitations as may be prescribed under

clause 23 (b).

Same

(2) For the purposes of the application of provisions that

may be prescribed under clause 23 (b), as adapted, modified or limited by

regulation under clause 23 (b),

(

a) a media industry worker is an employee within the meaning of the Labour Relations Act, 1995 ;

(

b) a

designated bargaining agent for members of a media industry workers'

association is a trade union within the meaning of the Labour Relations Act,

1995;

(

c) a

producer is an employer within the meaning of the Labour Relations Act, 1995 ;

(

d) a

scale agreement is a collective agreement within the meaning of the Labour Relations Act, 1995 .

Powers, etc., Ontario Labour Relations Board

5. When

the Ontario Labour Relations Board exercises its jurisdiction under this Act,

it has all of the powers, duties and functions that it would have if it was

exercising its jurisdiction under the Labour Relations Act, 1995 .

Finality

6. A

decision, determination or order made by the Ontario Labour Relations Board is

final and binding for all purposes.

Labour relations

officers

7. The

Ontario Labour Relations Board may authorize a labour relations officer to

inquire into any matter that comes before it under this Act and to endeavour to

settle any such matter.

Representation on Ontario Labour Relations Board

8. The

Lieutenant Governor in Council may, when appointing members to the Ontario Labour

Relations Board, have regard to the fact that the Board must fulfil its

functions under this Act with respect to the media industry.

Part

III

Agreements

Terms of scale agreement included

(1) A

contract under which a producer engages a media industry worker includes the terms

and conditions of the applicable scale agreement, if any.

Applicable agreement

(2) A scale agreement is applicable to a contract between

a media industry worker and a producer if the media industry worker is a member

of a media industry workers' association represented by a designated bargaining

agent that is a party to the scale agreement and the producer,

(

a) is

a member of a producers' association represented by a designated bargaining

agent that is a party to the scale agreement; or

(

b) agrees

in writing to adhere to the scale agreement.

Contract may include terms above minimum

(3) A contract referred to in subsection (1) may include

terms that exceed the minimum terms in the scale agreement.

Dispute resolution

(1) In

this section,

"dispute"

includes all differences between parties to a scale agreement arising from the

interpretation, application, administration or alleged violation of a scale

agreement.

Same, scale agreement

(2) A dispute between parties to a scale agreement shall

be resolved in accordance with the dispute resolution provisions set out in the

scale agreement.

Same, application to Ontario Labour Relations Board

(3) If, in the opinion of a party to a scale agreement,

the dispute resolution provisions set out in the scale agreement are not

sufficient to resolve a dispute, the party may apply to the Ontario Labour

Relations Board in the prescribed form to resolve the dispute.

Same, Ontario Labour Relations Board order

(4) If the Ontario Labour Relations Board is satisfied it

is the appropriate body to resolve the dispute, the Ontario Labour Relations

Board may consider the dispute, by hearing or otherwise, and may make an order

resolving the dispute.

Transition, current agreements

11. An

industry workers that is in force when this

section comes into force continues

to operate for the duration of its term or such other term as may be prescribed.

Part

Designated Bargaining Agents - Media Industry Workers

Designated bargaining agents - media industry workers

12. The

following media industry workers' associations are designated bargaining agents

for the members of the association who are media industry workers, unless the

designation is revoked under

section 17:

1. Alliance of Canadian Cinema, Television and Radio Artists.

2. Canadian

Federation of Musicians.

3. CEP

Local 700M.

4. Directors

Guild of Canada - Ontario.

Application to

Minister

(1) A

media industry workers' association may, if authorized by a majority of its members

who are media industry workers, apply to the Minister, in the prescribed form,

to become the designated bargaining agent for the members of the association

who are media industry workers.

Provincial

chapter may authorize national association

(2) A provincial

chapter of a media industry workers'

association may, if authorized by a majority of its members who are media

industry workers, authorize the national media industry workers' association to

make an application to the Minister to become a designated bargaining agent for

the members of the provincial

chapter of the association who are media industry

workers.

Public notice

(3) The Minister shall promptly give public notice, in the

manner the Minister considers appropriate, of an application to become a

designated bargaining agent for the members of a media industry workers'

association who are media industry workers.

Other notice

(4) The Minister shall promptly give any other notice the

Minister considers appropriate respecting an application under this section.

Designation

(1) Where

a media industry workers' association has applied in accordance with

section 13

to become a designated bargaining agent and the Minister is satisfied the media

industry workers' association has complied with the prescribed processes and

meets the prescribed criteria for designation, the Minister shall, by order, designate

the media industry workers' association as the designated bargaining agent for

the members of the association who are media industry workers.

Notice of designation

(2) The Minister shall promptly give notice to the media

industry workers' association of its designation under subsection (1).

Public notice

(3) The Minister shall promptly give public notice, in the

manner the Minister considers appropriate, of the designation under subsection

(1).

Other notice

(4) The Minister shall promptly give any other notice the

Minister considers appropriate respecting the designation under subsection (1).

Period of designation

(5) A media industry workers' association is a designated

bargaining agent for members of a media industry workers' association who are

media industry workers from the date of notice to the applicant unless and

until it is revoked by the Minister under

section 17.

Effect of designation

15. A

designated bargaining agent for members of a media industry workers association

who are media industry workers has authority to bargain and to enter into scale

agreements, on behalf of those members, with designated bargaining agents for

members of producers' associations.

Application for revocation

(1) A

media industry worker represented by a designated bargaining agent may apply to

the Minister for an order revoking the designation of a media industry workers'

association as a designated bargaining agent for members of the association who

are media industry workers.

Notice to designated bargaining agent

(2) The Minister shall promptly give notice to the designated

bargaining agent named in the application for revocation under subsection (1).

P ublic notice

(3) The Minister shall promptly give public notice, in the

manner the Minister considers appropriate, of an application for revocation

under subsection (1).

Other notice

(4) The Minister shall promptly give any other notice the

Minister considers appropriate respecting the application for revocation under

subsection (1).

Revocation

(1) Where

a media industry worker has applied for the revocation of a designation under

section 16 and the Minister is satisfied that the prescribed processes have

been followed, the prescribed criteria have been met and that the designation

should be revoked, the Minister shall, by order, revoke the media industry

workers' association's designation.

Notice of revocation

(2) The Minister shall promptly give notice of the

revocation under subsection (1) to the applicant and to the designated

bargaining agent for members of a media industry workers' association.

Public notice

(3) The Minister shall

promptly give public notice, in the manner the Minister considers appropriate,

of a revocation under subsection (1).

Other notice

(4) The Minister shall

promptly give any other notice the Minister considers appr

Document details

Collection	Ontario — Bills
Citation	Bill 137, 39-2
Type	bill
Volume / chapter	p39 s2 bill 137 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	788f03e1635f6a550d586986daa78bdce6337cb4

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