Employment and Labour Statute Law Amendment Act, 2015 Flynn, Hon. Kevin Daniel Minister of Labour — Bill 109 (41st Parliament, 1st Session)

Bill 109, 41-1

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Bill 109, Employment and Labour Statute Law Amendment Act, 2015

Flynn, Hon. Kevin Daniel Minister of Labour

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[41] Bill 109 Royal Assent (PDF)

Bill 109 2015

Act to amend various statutes with respect to employment and labour

Her

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

Province of Ontario, enacts as follows:

Contents

of Act

1. This Act consists of this section,

sections 2 and 3 and the Schedules to this Act.

Commencement

(1) Subject to

subsections (2) and (3), this Act comes into force on the day it receives Royal

Assent.

Same

(2) The Schedules to this Act come into

force as provided in each Schedule.

Same

(3) If a

Schedule to this Act provides that

any provisions are to come into force on a day to be named by proclamation of

the Lieutenant Governor, a proclamation may apply to one or more of those

provisions, and proclamations may be issued at different times with respect to

any of those provisions.

Short

title

3. The

short title of this Act is the Employment and Labour Statute Law Amendment Act, 2015 .

Schedule

fire protection and prevention act, 1997

1. The

definition of "Minister" in subsection 1 (1) of the Fire

Protection and Prevention Act, 1997 is amended by adding "unless the

Part provides otherwise" at the end.

2. Subsection

41 (1) of the Act is amended by adding the following

definitions:

"association"

means an association of firefighters that is entitled under

section 46 to

represent and act as the bargaining agent for firefighters in a bargaining unit

for the purposes of collective bargaining under this Part; ("association

syndicale")

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

"trade union" means a trade union as defined in the Labour Relations Act, 1995 . ("syndicat")

3. The

heading before

section 46.1 and subsection 46.1 (1) of the Act are repealed and

the following substituted:

Unfair

Labour Practices

Duty

of fair representation by association

(1) An association shall not act in a

manner that is arbitrary, discriminatory or in bad faith in the representation

of any of the firefighters in the bargaining unit it represents, whether or not

they are members of the association.

4. Sections

46.2 to 46.5 of the Act are repealed and the following substituted:

Employers

not to interfere with associations

46.2 No

employer or employers' organization and no person acting on behalf of an

employer or an employers' organization shall participate in or interfere with

the formation, selection or administration of an association or the

representation of firefighters by an association or contribute financial or

other support to an association, but nothing in this

section shall be deemed to

deprive an employer of the employer's freedom to express views so long as the

employer does not use coercion, intimidation, threats, promises or undue

influence.

Associations

not to interfere with employers' organizations

46.3 No

association and no person acting on behalf of an association shall participate

in or interfere with the formation or administration of an employers'

organization or contribute financial or other support to an employers'

organization.

Employers

not to interfere with firefighters' rights

46.4 No

employer, employers' organization or person acting on behalf of an employer or

an employers' organization,

(

a) shall

refuse to employ or to continue to employ a person, or discriminate against a

person in regard to employment or any term or condition of employment because

the person was or is a member of an association or was or is exercising any

other rights under this Part;

(

b) shall

impose any condition in a contract of employment or propose the imposition of

any condition in a contract of employment that seeks to restrain a firefighter

or a person seeking employment from becoming a member of a trade union or

exercising any other rights under this Part; or

(

c) shall

seek by threat of dismissal, or by any other kind of threat, or by the

imposition of a pecuniary or other penalty, or by any other means to compel a

firefighter to become or refrain from becoming or to continue to be or to cease

to be a member or officer or representative of an association or to cease to

exercise any other rights under this Part.

interference with bargaining rights

46.5

(1) No

employer, employers' organization or person acting on behalf of an employer or

an employers' organization shall, so long as an association represents the

firefighters in a bargaining unit, bargain with or enter into a collective

agreement with any person or another association, trade union or council of

trade unions on behalf of or purporting, designed or intended to be binding upon

the firefighters in the bargaining unit or any of them.

Same

(2) No person, association, trade union or

council of trade unions shall, so long as another association continues to be

entitled to represent the firefighters in a bargaining unit, bargain with or

enter into a collective agreement with an employer or an employers'

organization on behalf of or purporting, designed or intended to be binding

upon the firefighters in the bargaining unit or any of them.

Intimidation

and coercion

46.6 No

person, association or employers' organization shall seek by intimidation or

coercion to compel any person to become or refrain from becoming or to continue

to be or to cease to be a member of an association or of an employers'

organization or to refrain from exercising any other rights under this Part or

from performing any obligations under this Part.

Persuasion

during working hours

46.7 Nothing

in this Part authorizes any person to attempt at the place at which a

firefighter works to persuade the firefighter during the firefighter's working

hours to become or refrain from becoming or continuing to be a member of an

association or a trade union.

Protection

of witnesses' rights

46.8

(1) No

employer, employers' organization or person acting on behalf of an employer or

employers' organization shall,

(

a) refuse

to employ or continue to employ a person;

(

b) threaten

dismissal or otherwise threaten a person;

(

c) discriminate

against a person in regard to employment or a term or condition of employment;

(

d) intimidate

or coerce or impose a pecuniary or other penalty on a person,

because

of a belief that the person may testify in a proceeding under this Part or

because the person has made or is about to make a disclosure that may be

required in a proceeding under this Part or because the person has made an

application or filed a complaint under this Act or has participated in or is

about to participate in a proceeding under this Part.

Same

(2) No association or person acting on

behalf of an association shall,

(

a) discriminate

against a person in regard to employment or a term or condition of employment;

(

b) intimidate

or coerce or impose a pecuniary or other penalty on a person,

because of a belief that the person may testify in a

proceeding under this Part or because the person has made or is about to make a

disclosure that may be required in a proceeding under this Part or because the

person has made an application or filed a complaint under this Act or has

participated in or is about to participate in a proceeding under this Part.

Removal,

etc., of posted notices

46.9 No person shall

wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be

destroyed, mutilated, obliterated, altered, defaced or removed any notice that

the Board has required to be posted during the period that the notice is

required to be posted.

5. The

Act is amended by adding the following sections:

Deduction

and remittance of association dues

52.1

(1) Subject

section 52.3, where an association so requests, there shall be included in

the collective agreement between the association and the employer of the

firefighters a provision requiring the employer to deduct from the wages of

each firefighter in the unit affected by the collective agreement, whether or

not the firefighter is a member of the association, the amount of the regular

association dues and to remit the amount to the association, forthwith.

Definition

(2) In subsection (1),

"regular association dues" means,

(

a) in

the case of a firefighter who is a member of an association, the dues uniformly

and regularly paid by a member of the association in accordance with the

constitution and by-laws of the association, and

(

b) in

the case of a firefighter who is not a member of an association, the dues

referred to in clause (a), excluding any amount in respect of pension,

superannuation, sickness insurance or any other benefit available only to

members of the association.

Permissive

provisions

52.2

(1) Despite

anything in this Part, the parties to a collective agreement may include in it

provisions,

(

a) for

requiring, as a condition of employment, membership in the association or

granting a preference of employment to members of the association, or requiring

the payment of dues or contributions to the association;

(

b) for

permitting a firefighter who represents the association to attend to the

business of the association during working hours without deduction of the time

so occupied in the computation of the time worked for the employer and without

deduction of wages in respect of the time so occupied; and

(

c) for

permitting the association the use of the employer's premises for the purposes

of the association without payment therefor.

Where

non-member firefighter cannot be required to be discharged

(2) No association that is a party to a

collective agreement containing a provision mentioned in clause (1) (

a) shall

require the employer to discharge a firefighter because,

(

a) the

firefighter has been expelled or suspended from membership in the association;

(

b) membership

in the association has been denied to or withheld from the firefighter,

for the reason that the firefighter,

(

c) was

or is a member of another association or a trade union;

(

d) has

engaged in activity against the association or on behalf of another association

or a trade union;

(

e) has

engaged in reasonable dissent within the association;

(

f) has

been discriminated against by the association in the application of its

membership rules; or

(

g) has

refused to pay initiation fees, dues or other assessments to the association

which are unreasonable.

Where

subs. (2) does not apply

(3) Subsection (2) does not apply to a

firefighter who has engaged in unlawful activity against the association

mentioned in clause (1) (

a) or an officer, official or agent thereof or whose

activity against the association or on behalf of another association or trade

union has been instigated or procured by the firefighter's employer or any

person acting on the employer's behalf or whose employer or a person acting on

the employer's behalf has participated in such activity or contributed

financial or other support to the firefighter in respect of the activity.

Subs.

(1) provisions continued during bargaining

(4) Despite anything in this Part, where

the parties to a collective agreement have included in it any of the provisions

permitted by subsection (1), any of such provisions may be continued in effect

during the period when the parties are bargaining with a view to the renewal,

with or without modifications, of the agreement or to the making of a new

agreement.

Religious

objections

52.3

(1) Where

the Board is satisfied that a firefighter because of his or her religious

conviction or belief,

(

a) objects

to joining an association; or

(

b) objects

to the paying of dues or other assessments to an association,

the

Board may o

Document details

Collection	Ontario — Bills
Citation	Bill 109, 41-1
Type	bill
Volume / chapter	p41 s1 bill 109 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	daa6af1d6332e19feadaf62380263f9673896a5f

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