Fair and Open Tendering Act (Labour Relations for Certain Public Sector Employers in the Construction Industry), 2013 Harris, Michael — Bill 73 (40th Parliament, 2nd Session)

Bill 73, 40-2

Ontario — Bills

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Bill 73, Fair and Open Tendering Act (Labour Relations for Certain Public Sector Employers in the Construction Industry), 2013

Harris, Michael

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Original

[40] Bill 73 Original (PDF)

Bill 73 2013

Act to amend the Labour Relations Act, 1995 with respect to certain public sector

employers in the construction industry

Note:

This Act amends the Labour Relations Act,

1995 . For the legislative history of the Act, see the Table of Consolidated

Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Section

125 of the Labour Relations Act, 1995 is amended by

adding the following clause:

(j.1) governing

transitional matters that, in the opinion of the Lieutenant Governor in

Council, are necessary to implement

section 126.0.1;

2. (1) Subsection

126 (1) of the Act is amended by adding the following definition:

"public

sector employer" means,

(

a) the

corporation of a municipality in Ontario,

(

b) a

local board as defined by the Municipal Affairs Act

or an authority, a board, a commission, a corporation, an office or an 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, or

(

c) a

board as defined in the Education Act ; ("employeur du secteur public")

(2) Section 126 of the Act is amended by adding the

following subsection:

Same,

public sector employer

(1.1) For greater certainty, the definition of "employer"

in subsection (1) does not include a public sector employer.

3. The

Act is amended by adding the following section:

Transition,

public sector employers

126.0.1

(1) On

the day this

section comes into force, the following are terminated: all

collective agreements made, for the purposes of sections 126 to 168, between a public

sector employer, on the one hand, and a trade union or council of trade unions,

on the other hand, that represents employees of the employer who are employed

in the construction industry.

Certification

or voluntary recognition continued

(2) On the day this

section comes into force, the

certification or voluntary recognition, for the purposes of sections 126 to

168, of all bargaining agents of the employees of a public sector employer who

are employed in the construction industry are continued for the purposes of

sections 1 to 125 if those sections would otherwise apply to the public sector

employer.

Craft

units

(3) For greater certainty, subsection 9 (3) governs the

bargaining unit for which a trade union or council of trade unions has rights

under subsection (2).

Commencement

4. This

Act comes into force on the day it receives Royal Assent.

Short

title

5. The

short title of this Act is the Fair and Open Tendering Act

(Labour Relations for Certain Public Sector Employers in the Construction

Industry), 2013 .

EXPLANATORY

NOTE

The

Bill amends the Labour Relations Act, 1995 to

clarify that the requirement for province-wide bargaining in the construction industry

does not apply to certain public sector employers such as municipalities and

school boards.

Date Bill stage Activity Committee

September 19, 2013

Second Reading

Lost on division

September 19, 2013

Second Reading

Debate

May 16, 2013

First Reading

Carried

Debates and Progress

First Reading

May 16, 2013

Committee

Second Reading

September 19, 2013

Mr. Michael Harris, Ms. Catherine Fife, Hon. David Zimmer, Mr. Steve Clark, Mr. Taras Natyshak, Mr. Bob Delaney, Mr. Douglas C. Holyday, Mr. Monte McNaughton

September 19, 2013

September 19, 2013

Lost on recorded division.

Committee

Third Reading

Royal Assent

Acts affected - Bill 73

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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Document details

Collection	Ontario — Bills
Citation	Bill 73, 40-2
Type	bill
Volume / chapter	p40 s2 bill 73 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	a73f0e08326254d912ccdb69e6507f6881031846

Source file is stored in the law ingest library (html).