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Bill 7, Labour Relations and Employment Statute Law Amendment Act, 1995

Witmer, Hon. Elizabeth Minister of Labour

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Original

Labour Relations and Employment Statute

Law Amendment Act, 1995

EXPLANATORY NOTE

The Bill amends several statutes in order to achieve a number of goals in the areas of labour relations and employment matters, affecting both the private and public sectors. Most of the Bill comes into force upon Royal Assent. Certain

provisions are made retroactive, as described below.

Part I: Labour Relations Act, 1995

The Bill replaces the current Labour Relations Act (the "old Act") with the new Labour Relations Act, 1995 (the "new Act"), which is set out in

Schedule A to the Bill. Most of the provisions in the new Act are identical to

those in the old Act. However, the following changes have been made:

1. Amendments to the Labour Relations Act that were enacted by "Bill 40" (the Labour Relations and Employment Statute Law Amendment Act, 1992 ) have been deleted.

There are some exceptions. Some changes to the powers of the Ontario Labour Relations Board to govern its own procedures are kept in the Labour Relations Act, 1995 . The provision concerning a consensual mediation-arbitration process is

also kept, as are some procedural changes affecting arbitrations. Some administrative changes affecting the Minister of Labour and the Ministry have also been retained, such as the exemption given to certain Ministry officials and others from

testifying in civil proceedings about specified matters.

One deletion is made retroactive to October 4, 1995. It is the provision that deems the sale of a business to have occurred when the provider of certain types of services at a building is replaced by another service provider. (The services

include building cleaning services, food services and security services.)

2. A new purpose

section is included in the Act.

3. The new Act binds only certain Crown agencies. (Collective bargaining involving the Crown and other Crown agencies is governed by the Crown Employees Collective Bargaining Act, 1993 , as amended by this Act.)

4. Changes are made to the requirements for representation votes (when a trade union applies for certification to represent employees in a bargaining unit or when an employee applies for a termination of the union's bargaining rights), for

ratification votes to approve a collective agreement and for strike votes.

When a trade union applies for certification, a representation vote will be required in every case in which more than 40 per cent of the employees in the prospective bargaining unit appear to be members of the union. If the union loses the

vote, it will not be eligible to reapply for certification for one year. Analogous requirements are established when a person applies to the Ontario Labour Relations Board to terminate the bargaining rights of the union.

A ratification vote will be required in almost every case before a collective agreement becomes effective. No vote will be required for a collective agreement reached by arbitration or imposed by order of the Ontario Labour Relations Board.

A strike vote is mandatory before employees can go on strike. The strike vote must be held within 30 days before the strike begins.

Transitional rules are established. Included among them are the following:

1. Most proceedings commenced under the old Act in which a final decision has not been issued when the new Act comes into force shall be decided as if the new Act had been in force when the proceeding began. (Section 3 of the Bill)

2. Certain types of "combined" bargaining units may be divided into the separate component bargaining units. Different mechanisms are established for bargaining units that include both full-time and part-time employees, for bargaining units

that were combined under

section 7 of the old Act, as amended by Bill 40, (or while that provision was in force) and for bargaining units that include security guards. (Sections 5, 6 and 8 of the Bill)

3. Members of certain professions will no longer be able to bargain collectively under the new Act. Provision is made to discontinue the status of any union as bargaining agent for them, and for any collective agreement to cease to apply.

(Section 7 of the Bill)

A "no reprisals" provision is included, to prevent employers from taking action against these members forexercising their rights under the old Act. (Section 9 of the Bill)

Part II: Crown Employees Collective Bargaining Act, 1993

Most amendments to the Crown Employees Collective Bargaining Act, 1993 are consequential to the enactment of the Labour Relations Act, 1995 and to the changes it makes to the Labour Relations Act . Some additional

changes are made.

1. A technical change is made in the relationship between the Crown Employees Collective Bargaining Act, 1993 and the Labour Relations Act . The Labour Relations Act, 1995 itself will no longer directly apply to the

Crown and to certain Crown agencies; it will be incorporated into the Crown Employees Collective Bargaining Act, 1993 , which will govern their collective bargaining. This change will not in itself affect the legal obligations of

employers, unions and employees. (Sections 11, 12, 13 and 15 of the Bill)

2. The provision in the Labour Relations Act enabling the Ontario Labour Relations Board to deem employers who carry on related activities to be one employer for the purposes of the Act is made inapplicable to the Crown. This change is

made retroactive to February 14, 1994 (the date on which the Crown Employees Collective Bargaining Act, 1993 came into force). (Section 14 of the Bill)

3. Arbitrators will no longer be able to require an employer to guarantee a job offer to employees whose positions are or may be eliminated. This new rule does not apply when the employer is a designated Crown agency. (Subsections 16 (3) and 17

(4) of the Bill)

4. The provision in the Labour Relations Act concerning the sale of a business is made inapplicable to the Crown, to people who buy a business from, or sell a business to, the Crown and to the union representing Crown employees. This

change is made retroactive to October 4, 1995. (Section 22 of the Bill)

5. Certain changes are made to the provisions governing essential services agreements. An essential services agreement cannot prevent an employer from using a person to perform work during a strike or lockout. (Sections 39 and 41 to 46 of the

Bill)

6. Provision is made for the parties to agree upon certain matters concerning hearings before the Grievance Settlement Board. The Board shall implement the agreement. (Section 48 of the Bill)

Transitional rules are established. Most of the transitional rules are analogous to those established for the Labour Relations Act, 1995 . Additional provisions include the following:

1. An agreement between the bargaining agents representing government lawyers and the Government of Ontario is terminated. (Subsection 65 (7) of the Bill)

2. Essential services agreements are deemed to be terminated in certain circumstances. (Section 66 of the Bill)

Part III: Employment Standards Act

Amendments made to the Employment Standards Act by Bill 40 have been deleted.

1. A new regime is established to govern the deemed sale of a business when the provider of certain types of services at a building is replaced by another service provider. (These services include building cleaning services, food services and

security services.) These changes are made retroactive to October 4, 1995. This replaces the regime established under Bill 40. (Sections 68 to 70 of the Bill)

2. A provision concerning an employer's duties when employees are being terminated is replaced by the rule that existed before Bill 40 was passed. (Subsection 71 (2) of the Bill)

Provisions governing an employee's right to termination pay and severance pay are amended. "Termination" will include termination that occurs by operation of law in specified circumstances such as the bankruptcy of an employer. (Subsections 71

(1) and 72 (1) of the Bill)

Changes are made to the Employee Wage Protection Program, retroactive to September 7, 1995, and transitional rules are established.

1. Employees will not be entitled to compensation from the Plan for termination pay and severance pay. (Subsection 73 (1) of the Bill)

2. The maximum amount that an employee will be entitled to receive from the Plan is reduced from $5,000 to $2,000 . (Section 75 of the Bill)

Part IV: Other Amendments

The Agricultural Labour Relations Act, 1994 is repealed. A "no reprisals" provision is included, to prevent employers from taking action against people for exercising their rights under that Act while it was in force. (Sections 77 and

78 of the Bill)

The Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act are amended. Neither Act will apply with respect to certain records relating to labour relations

and employment matters. No disclosure will be made under outstanding requests and access orders. (Sections 79 and 80 of the Bill)

An amendment to the Occupational Health and Safety Act that was made by Bill 40 is deleted, and the law as it existed before Bill 40 is restored. The provision concerns the power of the Ontario Labour Relations Board to impose a

penalty in certain circumstances. (Section 81 of the Bill)

The Public Service Act is amended to give deputy ministers the power to release a person from employment on reasonable notice or with compensation in lieu of reasonable notice. (Section 82 of the Bill)

Bill1995

An Act to restore balance and stability to labour relations and to promote economic prosperity and to make consequential changes to statutes concerning labour relations

CONTENTS

Part

Sections

Labour Relations Act, 1995

Labour Relations Act, 1995

Transitional Provisions

1-9

Crown Employees Collective Bargaining Act, 1993 Amendments

Crown Employees Collective Bargaining Act, 1993

Transitional Provisions

10-67

III

Employment Standards Act

Amendments

Employment Standards Act

Transitional Provisions

68-76

Other Amendments

Agricultural Labour Relations Act, 1994

Freedom of Information and

Protection of Privacy Act

Municipal Freedom of Information and Protection of Privacy Act

Occupational Health and Safety Act

Public Service Act

77-82

Commencement and

Short Title

83, 84

Schedule A

Labour Relations Act, 1995

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

PART I

LABOUR RELATIONS ACT, 1995

LABOUR RELATIONS ACT, 1995

New Act

(1) The Labour Relations Act, 1995 , as set out in

Schedule A, is hereby enacted.

Repeal

(2) Subject to subsection (3), the Labour Relations Act is repealed.

(3) Section 64.2 of the Labour Relations Act , as enacted by the Statutes of Ontario, 1992,

chapter 21,

section 31, shall be deemed to have been repealed on October 4, 1995.

(4) The following are repealed:

1. The Labour Relations Amendment Act, 1991 .

2. Sections 1 to 60 and

section 63 of the Labour Relations and Employment Statute Law Amendment Act, 1992 .

3. The Labour Relations Amendment Act, 1993 .

Section 67 of the Public Service and Labour Relations Statute Law Amendment Act, 1993 .

TRANSITIONAL PROVISIONS

Transition, definition

2. In sections 3 to 9,

"new Act" means the Labour Relations Act, 1995 ; ("nouvelle loi")

"old Act" means the Labour Relations Act as it reads immediately before this

section comes into force. ("ancienne loi")

Transition, proceedings (general)

(1) This

section applies with respect to proceedings commenced under the old Act in which a final decision has not been issued on the day on which this

section comes into force.

(2) A proceeding continuing after the new Act comes into force shall be decided as if the new Act had been in force at all material times. The presiding person or body shall apply the substantive provisions of the new Act as well as the

procedural rules established under it.

(3) Despite subsection (2), the parties to a first agreement arbitration under

section 41 of the old Act may agree in writingthat the arbitration proceed in accordance with the old Act.

(4) The presiding person or body shall terminate all or any part of a proceeding if continuing it would serve no practical purpose, in his, her or its opinion.

(5) Without limiting the generality of subsection (4), that part of a proceeding relating to

section 11.1, subsection 41 (1.2),

section 64.1, 73.1, 73.2, 75, 81.2 or 92.2 of the old Act or relating to a provision of a collective

agreement described in subsection 43.1 (1) or (3) or an agreement described in subsection 73.2 (16) of the old Act shall be terminated.

(6) In this section,

"proceeding" includes arbitration, mediation, conciliation and a prosecution under the Provincial Offences Act but does not include a judicial review proceeding or an appeal from a decision on a judical review.

Transition, proceedings (services under contract)

4. An interim or final decision issued on or after October 4, 1995 in a proceeding relating to

section 64.2 of the Labour Relations Act , as it reads before subsection 1 (3) comes into force, is void.

Transition, combined bargaining units (full-time and part-time employees)

(1) This

section applies with respect to bargaining units that include both full-time and part-time employees on the day this

section comes into force but did not include both full-time and part-time employees before January 1,

(2) The employer or the trade union that represents the employees in the bargaining unit may apply to the Ontario Labour Relations Board within 90 days after this

section comes into force for a declaration that the bargaining unit is

not appropriate for collective bargaining.

(3) The Board shall issue the declaration unless the Board is satisfied that the existing bargaining unit is appropriate because a community of interest exists between the full-time and the part-time employees.

(4) The following occurs upon the issuance of a declaration:

1. The bargaining unit is divided into two bargaining units, one composed of full-time employees and one composed of part-time employees.

2. Subject to subsection (6), the trade union continues to represent the employees in each of the bargainingunits.

3. Subject to subsection (6), the collective agreement, if any, continues to apply to the employees in each bargaining unit. There shall be deemed to be two collective agreements, one for each bargaining unit.

(5) Subject to subsection (6), upon issuing a declaration the Board shall certify the trade union as the bargaining agent for each of the bargaining units if there is no collective agreement in force.

(6) When issuing a declaration, the Board may make such orders as it considers appropriate in the circumstances, including orders relating to the collective agreement and the status of the trade union as bargaining agent for each of the

bargaining units.

Transition, combined bargaining units (general)

(1) This

section applies with respect to bargaining units that were combined into a single bargaining unit under

section 7 of the old Act or that were combined on or after January 1, 1993 and before this

section comes into

force.

(2) Ninety days after this

section comes into force, the combined bargaining unit is divided into the separate bargaining units that were combined.

(3) Subsection (2) does not apply if the employer and the trade union that represents the employees in the combined bargaining unit agree in writing after October 4, 1995 that the bargaining unit shall not be divided.

(4) Subject to subsection (5), the trade union continues to represent the employees in each of the bargaining units and the collective agreement continues to apply to them.

(5) The employer or the trade union may apply to the Ontario Labour Relations Board for such orders as the Board considers appropriate in the circumstances relating to the collective agreement and the status of the trade union as

bargaining agent for each of the bargaining units.

(6) Subsections 6 (4), (5) and (6) apply with necessary modifications with respect to the separate bargaining units created by subsection (2).

Transition, bargaining units for members of professions

(1) This

section applies with respect to bargaining units that include, on the day this

section comes into force, persons who are entitled to practise one of the following professions in Ontario and who are employed in their

professional capacity:

1. Architecture.

2. Dentistry.

3. Land Surveying.

4. Law.

5. Medicine.

(2) A trade union that is the bargaining agent for employees in a bargaining unit that includes persons described in subsection (1) ceases to represent the persons described in subsection (1) 90 days after this

section comes into

force.

(3) A collective agreement that applies with respect to persons described in subsection (1) ceases to apply to them on the earlier of,

(

a) the day on which the collective agreement expires; and

(b) 90 days after this

section comes into force.

Transition, bargaining units for security guards

(1) This

section applies with respect to bargaining units that include, on the day this

section comes into force, guards who monitor other employees or who protect the property of an employer.

(2) Within 90 days after this

section comes into force, an employer may apply to the Ontario Labour Relations Board for a declaration that a trade union no longer represents the guards in a bargaining unit,

(

a) if the trade union admits to membership persons who are not guards; or

(

b) if the trade union is chartered by or affiliated with an organization that admits to membership persons who are not guards.

(3) The Board shall issue the declaration unless the trade union satisfies the Board that no conflict of interest would result from the trade union continuing to represent the guards.

(4) Within 90 days after this

section comes into force, an employer may apply to the Board for a declaration that guards are no longer members of a bargaining unit that includes other employees.

(5) The Board shall issue the declaration unless the trade union satisfies the Board that no conflict of interest wouldresult from the guards remaining in the bargaining unit.

(6) The Board shall consider the factors set out in subsection 14 (5) of the new Act in determining whether a conflict of interest would result for the purposes of subsection (3) or (5).

(7) Upon the issuance of a declaration under this section, the collective agreement, if any, ceases to apply with respect to the guards.

No reprisals

(1) This

section applies with respect to persons referred to in clause 1 (3) (

a) of the new Act.

Same

(2) No employer, employer's organization or person acting on behalf of an employer or employer's organization shall refuse to employ a person or discriminate against a person described in subsection (1) in regard to employment or a term

or condition of employment because the person was a member of a trade union or had exercised or attempted to exercise any rights under the old Act.

Enforcement

(3) Subsection (2) may be enforced under the new Act as if it formed a part of that Act. For the purposes of

section 86 and a complaint under

section 95 of that Act, "person" includes a person described in subsection (1).

PART II

CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, 1993 AMENDMENTS

CROWN EMPLOYEES COLLECTIVE BARGAINING ACT, 1993

10. The heading for

Part I of the Crown Employees Collective Bargaining Act, 1993 is repealed and the following substituted:

PART I

INTERPRETATION AND APPLICATION

11. (1) Subsection 1 (1) of the Act is repealed and the following substituted:

Definition

(1) In this Act,

"Crown employee" means a Crown employee as defined in the Public Service Act .

(2) Section 1 of the Act is amended by adding the following subsection:

"Crown"

(1.1) References to the Crown in this Act shall be deemed to include a reference to those agencies of the Crown that are designated under clause 29.1 (1) (

a) of the Public Service Act .

(3) Subsection 1 (2) of the Act is amended by striking out " Labour Relations Act " in the second line and substituting " Labour Relations Act, 1995 ".

12. The Act is amended by adding the following section:

Application

1.1

(1) This Act applies with respect to,

(

a) Crown employees and their bargaining agents; and

(

b) the Crown and those agencies of the Crown that are designated under clause 29.1 (1) (

a) of the Public Service Act .

Non-application

(2) This Act does not apply with respect to individuals who are not Crown employees and agencies of the Crown that are not designated under clause 29.1 (1) (

a) of the Public Service Act .

Same

(3) This Act does not apply with respect to the following:

1. Members of the Ontario Provincial Police Force.

2. Employees of a college of applied arts and technology.

3. Architects employed in their professional capacity.

4. Dentists employed in their professional capacity.

5. Lawyers employed in their professional capacity.

6. Physicians employed in their professional capacity.

7. Provincial judges.

8. Persons employed as a labour mediator or labour conciliator.

9. Employees exercising managerial functions or employed in a confidential capacity in relation to labour relations.

10. Persons employed in a minister's office in a position confidential to a minister of the Crown.

11. Persons employed in the Office of the Premier or in Cabinet Office.

12. Persons who provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about,

ii. matters of financial policy.

13. Persons employed in the Ontario Financing Authority or in the Ministry of Finance who spend a significant portion of their time at work in borrowing or investing money for the Province or in managing the assets and liabilities of the

Consolidated Revenue Fund.

14. Other persons who have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of a bargaining unit.

Section 2 of the Act is repealed and the following substituted:

Incorporation of Labour Relations Act, 1995 provisions

(1) Subject to subsection (2), the Labour Relations Act, 1995 shall be deemed to form part of this Act.

Modifications

(2) This Part sets out modifications to the provisions of the Labour Relations Act, 1995 that apply in the circumstances of this Act.

14. (1) Subsection 3 (1) of the Act shall be deemed to have been repealed on February 14, 1994 and the following substituted:

Subs. 1(4) (Related activities or businesses)

(1) Subsection 1 (4) of the Labour Relations Act does not bind the Crown.

(2) On the day on which this Act receives Royal Assent, subsection 3 (1) of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

s. 1 (interpretation)

(1) Subsections 1 (3), (4) and (5) of the Labour Relations Act, 1995 do not form part of this Act.

15. The Act is amended by adding the following sections:

s. 3 (Non-application)

3.1

Section 3 of the Labour Relations Act, 1995 does not form part of this Act.

s. 4 (Certain Crown agencies)

3.2

Section 4 of the Labour Relations Act, 1995 does not form part of this Act.

16. (1) Subsection 4 (1) of the Act is repealed and the following substituted:

s. 40 (Voluntary arbitration)

(1) The operation of

section 40 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 4 (6) of the Act is amended by striking out "section 110 of the Labour Relations Act " in the fifth line and substituting "section 116 of the Labour Relations Act, 1995 ".

(3) Section 4 of the Act is amended by adding the following subsections:

Restriction

(13.1) An arbitrator or board of arbitration shall not include or require the parties to include in a collective agreement a term that requires the employer to guarantee an offer of a job for employees whose positions have been or may be

eliminated or that otherwise compels the employer to continue to employ them.

Same

(13.2) Subsection (13.1) does not apply when the employer is an agency of the Crown designated under clause 29.1 (1) (

a) of the Public Service Act .

(4) Subsection 4 (15) of the Act is amended by striking out "Labour Relations Act " in the fifth line and substituting " Labour Relations Act, 1995 ".

17. (1) Subsection 5 (1) of the Act is amended by striking out "The application of

section 41 of the Labour Relations Act " in the first and second lines and substituting "The operation of

section 43 of the Labour Relations

Act, 1995 ".

(2) Subsection 5 (3) of the Act is amended by striking out "subsection 41 (10) of the Labour Relations Act " in the third and fourth lines and substituting "subsection 43 (11) of the Labour Relations Act,

1995 ".

(3) Subsection 5 (4) of the Act is amended by striking out "subsection 41 (11) of the Labour Relations Act " in the third andfourth lines and substituting "subsection 43 (12) of the Labour Relations Act,

1995 ".

(4) Section 5 of the Act is amended by adding the following subsections:

Restriction

(5) An arbitrator or board of arbitration shall not include or require the parties to include in a collective agreement a term that requires the employer to guarantee an offer of a job for employees whose positions have been or may be

eliminated or that otherwise compels the employer to continue to employ them.

Same

(6) Subsection (5) does not apply when the employer is an agency of the Crown designated under clause 29.1 (1) (

a) of the Public Service Act .

Section 6 of the Act is repealed.

19. (1) Subsection 7 (1) of the Act is repealed and the following substituted:

s. 48 (Arbitration provision)

(1) The operation of

section 48 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 7 (4) of the Act is amended by striking out "In substituting a lesser penalty under subsection 45 (9) of the Labour Relations Act " in the first, second and third lines and substituting "In substituting a penalty

under subsection 48 (14) of the Labour Relations Act, 1995 ".

(3) Subsection 7 (6) of the Act is amended by striking out "In substituting a lesser penalty under subsection 45 (9) of the Labour Relations Act " in the first and second lines and substituting "In substituting a penalty under

subsection 48 (14) of the Labour Relations Act, 1995 ".

Section 8 of the Act is repealed and the following substituted:

s. 49 (referral of grievance to single arbitrator)

Section 49 of the Labour Relations Act, 1995 does not form a part of this Act.

21. (1) Subsection 9 (1) of the Act is repealed and the following substituted:

s. 50 (Consensual mediation-arbitration)

(1) The operation of

section 50 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 9 (2) of the Act is amended by striking out "subsection 46.1 (1) of the Labour Relations Act " in the third and fourth lines and substituting "subsection 50 (1) of the Labour Relations Act,

1995 ".

(3) Subsection 9 (3) of the Act is repealed and the following substituted:

Minister to appoint

(3) Subsection 50 (3) of the Labour Relations Act, 1995 does not form part of this Act.

(4) Subsection 9 (4) of the Act is amended by striking out "subsections 46.1 (4) and (5) of the Labour Relations Act " in the first, second and third lines and substituting "subsections 50 (4) and (5) of the Labour Relations

Act, 1995 ".

(1) Section 10 of the Act shall be deemed to have been repealed on October 4, 1995 and the following substituted:

s. 64 (Successor rights)

(1) Section 64 of the Labour Relations Act does not bind the Crown and does not apply with respect to Crown employees.

Same

(2) Despite the Labour Relations Act ,

section 64 of that Act does not apply,

(

a) with respect to a person who is a predecessor employer or a successor employer on a sale by or to the Crown;

(

b) with respect to an interested person, trade union or council of trade unions in relation to a sale in which the Crown is the precessor employer or the successor employer;

(

c) with respect to a collective agreement that binds or, but for this section, would otherwise bind employees of the Crown or of a person described in clause (a), or with respect to the bargaining for such a collective agreement as the

bargaining is affected by

section 64.

(2) On the day on which this Act receives Royal Assent,

section 10 of the Act, as re-enacted by subsection (1), is repealed and the following substituted:

s. 68 (Successor rights)

(1) Section 68 of the Labour Relations Act, 1995 does not form part of this Act.

Same

(2) Despite the Labour Relations Act, 1995 ,

section 68 of thatAct does not apply,

(

a) with respect to a person who purchases a business from the Crown or sells a business to the Crown;

(

b) with respect to an interested person, trade union or council of trade unions in relation to a purchase or sale of a business by the Crown;

(

c) with respect to a collective agreement that binds or, but for this section, would otherwise bind employees of the Crown or of a person described in clause (a), or with respect to the bargaining for such a collective agreement as the

bargaining is affected by

section 68.

23. Sections 11 and 12 of the Act are repealed.

Section 13 of the Act is amended by striking out "subsection 74 (2) of the Labour Relations Act " in the second and third lines and substituting "subsection 78 (2) of the Labour Relations Act, 1995 ".

Section 14 of the Act is repealed.

26. (1) Subsection 15 (1) of the Act is repealed and the following substituted:

s. 85 (Alteration of working conditions)

(1) The operation of

section 85 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 15 (2) of the Act is amended by striking out "clauses 81 (1) (

a) and (2) (

a) of the Labour Relations Act " in the second and third lines and substituting "clauses 85 (1) (

a) and (2) (

a) of the Labour Relations

Act, 1995 ".

27. Subsection 16 (1) of the Act is repealed and the following substituted:

Subs. 95 (4) (Orders by Board)

(1) The operation of subsection 95 (4) of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

28. (1) Subsection 17 (1) of the Act is repealed and the following substituted:

s. 102 (Notice of claim for damages, etc.)

(1) The operation of

section 102 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 17 (2) of the Act is amended by striking out"subsection 97 (1) of the Labour Relations Act " in the first and second lines and substituting "subsection 102 (1) of the Labour Relations Act,

1995 ".

(3) Subsection 17 (3) of the Act is amended by striking out "subsection 97 (1) of the Labour Relations Act " in the first and second lines and substituting "subsection 102 (1) of the Labour Relations Act,

1995 ".

(4) Subsection 17 (4) of the Act is repealed and the following substituted:

Certain subss. not to apply

(4) Subsections 102 (2), (3), (4), (6) and (7) of the Labour Relations Act, 1995 do not form part of this Act.

29. (1) Subsection 18 (1) of the Act is repealed and the following substituted:

s. 109 (Ontario Labour Relations Board)

(1) The operation of

section 109 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 18 (2) of the Act is amended by striking out "subsection 104 (12) of the Labour Relations Act " in the fourth and fifth lines and substituting "subsection 109 (14) of the Labour Relations Act,

1995 ".

(3) Subsection 18 (3) of the Act is amended by striking out "subsection 104 (14) of the Labour Relations Act " in the first and second lines and substituting "subsection 109 (18) of the Labour Relations Act,

1995 ".

30. (1) Subsection 19 (1) of the Act is repealed and the following substituted:

s. 113 (Jurisdiction)

(1) The operation of

section 113 of the Labour Relations Act, 1995 is subject to the modifications set out in this section.

(2) Subsection 19 (2) of the Act is amended by striking out "subsection 108 (2) of the Labour Relations Act " in the first and second lines and substituting "subsection 113 (2) of the Labour Relations Act,

1995 ".

Section 20 of the Act is amended by striking out "section 118 of the Labour Relations Act " in the first and second lines and substituting "section 124 of the Labour Relations Act, 1995 ".

Section 21 of the Act is repealed and the following substituted:

ss. 125 to 170 (Construction industry provisions)

21. Sections 125 to 170 of the Labour Relations Act, 1995 do not form part of this Act.

Section 22 of the Act is amended by striking out "subsection 23(2)" in the third line and substituting "subsection 23(1)".

Section 23 of the Act is repealed and the following substituted:

Bargaining units continued

(1) The seven bargaining units established under this section, as it read immediately before

section 34 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, are continued.

Restriction

(2) The description of a bargaining unit shall not be amended until after a collective agreement is made following December 13, 1993.

35. (1) Subsections 24 (1) and (2) of the Act are repealed and the following substituted:

Bargaining agent

(1) The Ontario Public Service Employees Union continues as the bargaining agent representing the employees in the six bargaining units established by order of the Lieutenant Governor in Council under subsection 23 (1), as

it read immediately before

section 34 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force.

Effect of continuation

(2) The Ontario Public Service Employees Union represents the employees in those bargaining units until it ceases, under this Act or the Labour Relations Act as it read before subsection 1 (2) of the Labour Relations and Employment

Statute Law Amendment Act, 1995 came into force, to represent them.

(2) Subsection 24 (4) of the Act is repealed.

36. (1) Subsection 25 (5) of the Act is repealed and the following substituted:

Same

(5) The description of the deemed bargaining unit shall not be altered.

(2) Subsection 25 (6) of the Act is amended by striking out " Labour Relations Act " in the first and second lines and substituting " Labour Relations Act, 1995 ".

37. (1) Subsections 28 (1) and (3) of the Act are amended by striking out "under the Labour Relations Act " wherever it appears.

(2) Subsection 28 (5) of the Act is amended by striking out "subsection 81 (1) of the Labour Relations Act , clause 81 (1) (a)" in the first and second lines and substituting "subsection 85 (1) of the Labour Relations Act,

1995 , clause 85 (1) (a)".

Section 29 of the Act is amended by striking out "Section 41 of the Labour Relations Act " in the first and second lines and substituting "Section 43 of the Labour Relations Act, 1995 ".

39. Subsection 32 (2) of the Act is repealed and the following substituted:

Same

(2) For the purposes of clause (1) (b), the number of employees in the bargaining unit that are necessary to provide the essential services shall be determined without regard to the availability of other persons to provide essential

services.

40. Clause 33 (1) (

b) of the Act is amended by striking out "section 14 of the Labour Relations Act " in the first and second lines and substituting "section 16 of the Labour Relations Act, 1995 ".

Section 38 of the Act is repealed and the following substituted:

Enforcement of essential services agreement

(1) A party to an essential services agreement may apply to the Board to enforce it.

Amendment of agreement

(2) A party to an agreement may apply to the Board to amend it,

(

a) if the agreement does not provide for services that are essential services;

(

b) if it provides for levels of service that are greater or less than required to provide the essential services; or

(

c) if it provides for too many or too few employees in the bargaining unit to provide the essential services.

Order

(3) On an application under this section, the Board may enforce the agreement or amend it and may make such other orders as it considers appropriate in the circumstances.

Same

(4) Subsection 32 (2) applies with necessary modifications when the Board is deciding an application under subsection (2).

42. Subsection 40 (4) of the Act is repealed.

43. Subsection 41 (3) of the Act is repealed.

44. The Act is amended by adding the following section:

Use of other persons

41.1

(1) An essential services agreement shall not directly or indirectly prevent the employer from using a person to perform any work during a strike or lock-out.

Same

(2) A provision in an essential services agreement that conflicts with subsection (1) is void.

Section 42 of the Act is repealed and the following substituted:

Application re meaningful bargaining

(1) A party to an essential services agreement may apply to the Ontario Labour Relations Board for a declaration that the agreement has prevented meaningful collective bargaining.

Restriction

(2) No application may be made until employees in the bargaining unit have been on strike or locked out for at least 10 days.

Factor to be considered

(3) In deciding whether to make the declaration, the Board shall consider only whether meaningful collective bargaining is prevented because of the number of persons identified in the agreement whose services the employer has used to enable the

employer to provide the essential services.

Order

(4) If the Board makes the declaration, the Board may amend the essential services agreement to change the number of employee positions or to change the number of employees in the bargaining unit that are designated as necessary to enable the

employer to provide the essential services.

46. Sections 43, 44 and 45 of the Act are repealed.

47. Subsection 48 (1) of the Act is amended by striking out " Labour Relations Act " in the third line and substituting " Labour Relations Act, 1995 ".

(1) Section 50 of the Act is amended by adding the following subsection:

Same

(1.1) An employer and trade union may make an agreement as to the sequence in which the Grievance Settlement Board shall consider outstanding matters in which the employer and trade union have an interest.

(2) Subsection 50 (2) of the Act is repealed and the following substituted:

Effect of agreement

(2) Upon receiving notice of an agreement from a party, the Grievance Settlement Board shall give effect to it.

Section 51 of the Act is amended by adding the following subsection:

Same

(2) An order of the Grievance Settlement Board shall not require a change to be made in the classification of an employee.

Section 52 of the Act is repealed.

Section 53 of the Act is repealed and the following substituted:

Definitions

53. In sections 54 to 60,

" Labour Relations Act " means the Labour Relations Act as it read immediately before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force; ("Loi sur les relations

de travail")

"old Act" means the Crown Employees Collective Bargaining Act , being

Chapter C.50 of the Revised Statutes of Ontario, 1990. ("ancienne loi")

52. (1) Subsection 54 (1) of the Act is amended by inserting after " Labour Relations Act" in the fifth line and in the last line "or this Act".

(2) Subsection 54 (2) of the Act is amended by striking out "Despite the Labour Relations Act " in the first line and substituting "Despite this Act and the Labour Relations Act ".

(3) Subsection 54 (3) of the Act is amended by striking out "established under" in the second line and substituting "continued by".

Section 55 of the Act is repealed and the following substituted:

Bargaining agents

55. A bargaining agent that, immediately before the repeal of the old Act, represented employees in a bargaining unit to which

section 54 applies continues to represent them until it ceases to do so under this Act.

54. (1) Subsection 56 (1) of the Act is amended by adding at the end "and under this Act".

(2) Subsection 56 (3) of the Act is repealed and the following substituted:

Same

(3) Subsection (2) applies with respect to any period after the repeal of the old Act and before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force.

Same

(3.1) All the provisions of this Act that apply to a collective agreement apply to a collective agreement referred to in subsection (1) including provisions that deem collective agreements to contain specified terms.

Same

(3.2) Subsection (3.1) applies with respect to periods on and after subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force.

(3) Subsection 56 (6) of the Act is repealed and the following substituted:

Effect of designation, etc.

(6) The establishment or continuation of bargaining units under

section 23 and the designation or continuation of a bargaining agent under

section 24 does not affect the operation of a collective agreement in force at the time of the

designation.

55. Subsection 57 (3) of the Act is amended by striking out "established under" in the second line and substituting "continued by".

Section 58 of the Act is repealed.

57. Subsection 59 (6) of the Act is repealed.

58. Subsection 60 (1) of the Act is repealed and the following substituted:

Grievance Settlement Board

(1) Section 51, as it read immediately before

section 58 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, applies with respect to all matters referred for arbitration to the Grievance Settlement

Board after June 14, 1993 and before the day on which that

section came into force.

Same

(1.1) Section 51 applies with respect to all matters referred for arbitration to the Grievance Settlement Board on and after the day on which

section 58 of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into

force.

Section 61 of the Act is repealed.

TRANSITIONAL PROVISIONS

Transition, definition

60. In sections 61 to 67,

" Labour Relations Act " means the Labour Relations Act as it reads before its amendment under subsection 1 (3) and repeal under subsection 1 (2). ("

Loi sur les relations de travail ")

"new Act" means the Crown Employees Collective Bargaining Act, 1993 as it reads on the day this

section comes into force; ("nouvelle loi")

"old Act" means the Crown Employees Collective Bargaining Act, 1993 as it reads immediately before this

section comes into force. ("ancienne loi")

Transition, proceedings (general)

(1) Proceedings commenced under the Labour Relations Act to which the old Act applied, and proceedings commenced under the old Act are continued under the new Act.

(2) Subsections 3 (2) to (5) apply with necessary modifications to a proceeding continued under subsection (1).

(3) In this section,

"proceeding" includes arbitration, mediation, conciliation and a prosecution under the Provincial Offences Act but does not include a judicial review proceeding or an appeal from a decision on a judical review.

Transition, proceedings (services under contract)

Section 4 applies with necessary modifications to proceedings relating to

section 64.2 of the Labour Relations Act to which the new Act would otherwise apply under

section 61.

Transition, combined bargaining units (full-time and part-time employees)

Section 5 applies with necessary modifications with respect to bargaining units to which the new Act applies that include both full-time and part-time employees on the day this

section comes into force.

Transition, combined bargaining units (general)

Section 6 applies with respect to bargaining units to which the new Act applies that were combined into a single bargaining unit under

section 7 of the Labour Relations Act or that were combined into a single bargaining

unit on or after January 1, 1993 and before this

section comes into force.

Transition, bargaining units (certain classes of members)

(1) This

section applies with respect to bargaining units that include, on the day this

section comes into force, persons to whom the old Act applied but to whom the new Act does not apply.

(2) A trade union that is the bargaining agent for employees in a bargaining unit that includes persons described in subsection (1) ceases to represent those persons 90 days after this

section comes into force, and they cease to be

members of the bargaining unit.

(3) Subsection (2) applies even though the employer and the trade union have entered into an agreement before this

section comes into force in which the employer recognizes the trade union as the bargaining agent for persons described

in subsection (1).

(4) Subsection (2) applies with respect to the deemed bargaining unit described in subsection 25 (4) of the new Act, despite subsection 25 (5) of that Act.

(5) A collective agreement or another agreement between the employer and a trade union that applies with respect to persons described in subsection (1) ceases to apply to them on the earlier of,

(

a) the day on which the collective agreement or other agreement expires; and

(b) 90 days after this

section comes into force.

(6) Subsection (5) does not apply to a sectoral framework, a local agreement or any other agreement made for the purposes of the Social Contract Act, 1993 that binds a bargaining agent designated under subsection 5 (1) of that

Act.

(7) The framework collective agreement dated March 3, 1995 between the Government of Ontario and the Ontario CrownAttorneys' Association and the Association of Law Officers of the Crown is terminated.

Transition, essential services agreement

(1) An essential services agreement that is in effect when this

section comes into force shall be deemed to be terminated on the day on which the employer and the trade union first enter into a collective agreement for the

bargaining unit after this

section comes into force.

(2) If an employer and a trade union begin to negotiate an essential services agreement before this

section comes into force and the agreement comes into effect after this

section comes into force, the agreement shall be deemed to be

terminated on the day on which the employer and the trade union first enter into a collective agreement for the bargaining unit after this

section comes into force.

(3) On an application under subsection 36(1) of the new Act concerning an employer's and trade union's first essential services agreement to be entered into after this

section comes into force, the Ontario Labour Relations Board shall

not consider the terms of any previous essential services agreement between the parties.

(4) For the purposes of subsection 36(4) of the new Act, the amendments to that Act made by this Act and the enactment of the Labour Relations Act, 1995 do not constitute a change in circumstances.

No reprisals

(1) This

section applies with respect to persons to whom the old Act applied but to whom the new Act does not apply.

(2) No employer, employer's organization or person acting on behalf of an employer or employer's organization shall refuse to employ a person or discriminate against a person described in subsection (1) in regard to employment or a term

or condition of employment because the person was a member of a trade union or had exercised or attempted to exercise any rights under the old Act.

(3) Subsection (2) may be enforced under the new Act as if it formed a part of that Act. For the purposes of

section 86 and a complaint under

section 95 of the Labour Relations Act, 1995 , "person" includes a person described in

subsection (1).

PART III

EMPLOYMENT STANDARDS ACT AMENDMENTS

EMPLOYMENT STANDARDS ACT

68. Subsection 2 (1) of the Employment Standards Act, as amended by the Statutes of Ontario, 1992,

chapter 21,

section 58 and 1993,

chapter 27, Sched., is further amended by striking out "Parts IX, X, XI, XII, XIII.2 and XIV"

in the first line and substituting "Section 13.1 and Parts IX, X, XI, XII and XIV".

69. The Act is amended by adding the following section:

Successor employers

13.1

(1) This

section applies with respect to the following types of services provided at a premises directly or indirectly by or to a building owner or manager:

1. The services must be related to servicing the premises, including providing building cleaning services, food services and security services.

2. The services do not include,

i. construction,

ii. maintenance other than maintenance activities related to cleaning the premises, or

iii. the production of goods other than goods related to the provision of food services at the premises for consumption on the premises.

Application

(2) This

section applies if, on or after October 4, 1995, one employer begins to provide services at a premises replacing another employer who was providing the services.

Continuity of employment

(3) If the successor employer employs an employee of the previous employer to provide the services and the employee ceases to be employed by the previous employer as a result,

(

a) the employment of the employee by the previous employer shall be deemed not to be terminated for the purpose determining the previous employer's obligations under

Part XIV; and

(

b) the employee's period of employment by the previous employer shall be deemed to have been employment by the successor employer for the purposes of Parts VII, VIII, XI and XIV.

Previous employer's obligation

(4) If the successor employer does not employ an employee of the previous employer, the previous employer shall comply with

Part XIV in respect of the employee.

Attributed employment

(5) For the purposes of subsections (3) and (4), the employee's period of employment by the previous employer includes any period that was attributed to the previous employer under

Part XIII.2 before its repeal.

Same

(6) If the successor employer employs an employee of the previous employer, the previous employer shall pay the employee the amount of any vacation pay accrued in respect of the employee when he or she begins employment with the successor

employer.

Same

(7) The previous employer shall make the payment described in subsection (6) within seven days after the earlier of,

(

a) the day on which the employee ceases to be employed by the previous employer; and

(

b) the day on which the previous employer ceases to provide the services at the premises.

Definition

(8) In this section,

"successor employer" means the employer who begins to provide services at a premises replacing another employer who was providing the services.

Part XIII.2 of the Act, as enacted by the Statutes of Ontario, 1992,

chapter 21,

section 59, is repealed.

(1) Section 57 of the Act is amended by adding the following subsection:

Termination when bankruptcy, etc.

(2.1) An employer shall be deemed to have terminated the employment of an employee if the employment is terminated by operation of law,

(

a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(

b) as a result of the insolvency of the employer; or

(

c) as a result of any operations of the employer beingplaced in receivership.

(2) Subsection 57 (12) of the Act, as re-enacted by the Statutes of Ontario, 1992,

chapter 21,

section 60, is repealed and the following substituted:

Duty of employer

(12) An employer who has terminated or who proposes to terminate the employment of employees shall, when required by the Minister for the purpose of facilitating the re-establishment of the employees in employment,

(

a) participate in such actions or measures as the Minister may direct;

(

b) participate in the establishment and work of a committee upon such terms as the Minister considers necessary; and

(

c) contribute to the reasonable cost or expense of any committee referred to in clause (

b) in such amount or proportion as the Minister directs. R.S.O. 1990, c. E.14, s. 57 (12).

(3) Section 57 of the Act is amended by adding the following subsection:

Exception

(12.1) Subsection (12) does not apply to an employer whose employees are deemed to have been terminated under subsection (2.1).

(4) Section 57 of the Act is amended by adding the following subsections:

No offence

(22) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (2.1) and the employer does not comply with subsection (14).

Same

(23) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated

under subsection (2.1) and the corporation does not comply with subsection (14).

(1) Section 58 of the Act is amended by adding the following subsection:

Termination when bankruptcy, etc.

(1.1) An employer shall be deemed to have terminated the employment of an employee and the termination shall be deemed to have been caused by the permanent discontinuance of all or part of the business of the employer at an establishment if the

employment is terminated by operation of law,

(

a) as a result of the bankruptcy of the employer, whether or not it is the employer who initiates bankruptcy proceedings;

(

b) as a result of the insolvency of the employer; or

(

c) as a result of any operations of the employer being placed in receivership.

(2) Section 58 of the Act is amended by adding the following subsections:

No offence

(23) An employer does not commit an offence under subsection 78 (1) when his, her or its employees are deemed to have been terminated under subsection (1.1) and the employer does not comply with subsection (2).

Same

(24) An officer, director or agent of a corporation or a person purporting to act in any such capacity does not commit an offence under subsection 79 (1) when the corporation is an employer whose employees are deemed to have been terminated

under subsection (1.1) and the corporation does not comply with subsection (2).

(1) Clauses 58.1 (2) (

a) and (

c) of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 5, are repealed and the following substituted:

(

a) regular wages, including commissions, overtime wages, vacation pay and holiday pay;

. . . . .

(

c) compensation awarded under sections 45, 48 and 51, clause 56(3)(

b) and

section 56.2 insofar as the compensation is awarded for loss of earnings; and

. . . . .

(2) Subsections 58.1 (6) and (7) of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 5, are repealed.

Section 58.6 of the Act, as enacted by the Statutes ofOntario, 1991,

chapter 16,

section 5, is repealed.

Section 58.8 of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 5, is amended by striking out "$5,000" in the fifth line and substituting "$2,000".

TRANSITIONAL PROVISION

Transition, Employee Wage Protection Program

(1) The eligibility of an employee to receive compensation from the Employee Wage Protection Program under subsection 58.4 (1) of the Act is determined in accordance with this

section for the following:

1. For wages due and owing for a period that begins before September 7, 1995.

2. For termination pay and severance pay due and owing before September 7, 1995.

3. For termination pay that relates to a termination of employment that is deemed on or after September 7, 1995 to have occurred before that date.

4. For severance pay that relates to a dismissal or a lay-off described in clause (

a) or (

b) of the definition of termination in subsection 58 (1) of the Act that occurs on or after September 7, 1995.

5. For severance pay that relates to a lay-off described in clause (

c) of the definition of termination in subsection 58 (1) of the Act that, on or after September 7, 1995, equals 35 weeks in a period of 52 consecutive

weeks.

(2) Subject to subsections (4), (5) and (6), the employee is eligible to receive compensation from the Program in accordance with

Part XIV.1 of the Act, as it reads before sections 73, 74 and 75 come into force, for amounts described in

paragraphs 1 and 2 of subsection (1).

(3) The employee is not eligible to compensation from the Program for amounts described in paragraphs 3, 4 and 5 of subsection (1).

(4) If the employee has wages due and owing for a period that begins before September 7, 1995 and ends on or after that date, the maximum amount of compensation that the employee is eligible to receive from the Program for all wages,

termination pay and severance pay in respect of his or her employment with an employer is $5,000.

(5) The maximum amount of compensation that the employee is eligible to receive from the Program for wages, termination pay and severance pay that become due and owing before September 7, 1995 in respect of his or her employment with an

employer is $5,000.

(6) The maximum amount of compensation that the employee is eligible to receive from the Program for wages that become due and owing on and after September 7, 1995 in respect of his or her employment with an employer is

$2,000.

PART IV

OTHER AMENDMENTS

AGRICULTURAL LABOUR RELATIONS ACT, 1994

Repeal

(1) The Agricultural Labour Relations Act, 1994 is repealed.

Transition

(2) On the day on which this

section comes into force, a collective agreement ceases to apply to a person to whom that Act applied.

(3) On the day on which this

section comes into force, a trade union certified under that Act or voluntarily recognized as the bargaining agent for employees to whom that Act applies ceases to be their bargaining agent.

(4) On the day on which this

section comes into force, any proceeding commenced under that Act is terminated.

No reprisals

(1) No employer, employer's organization or person acting on behalf of an employer or employer's organization shall refuse to employ a person or discriminate against a person in regard to employment or a term or condition of

employment because the person was a member of a trade union or had exercised or attempted to exercise any rights under the Agricultural Labour Relations Act, 1994 .

(2) Subsection (1) may be enforced under the Labour Relations Act, 1995 as if it formed a part of that Act. For the purposes of

section 86 and a complaint under

section 95 of that Act, "person" includes a person described in

subsection (1).

FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

(1) Section 65 of the Freedom of Information and Protection of Privacy Act , as amended by the Statutes of Ontario, 1994,

chapter 12,

section 49, is further amended by adding thefollowing subsection:

Same

(6) This Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person, bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

Transition

(2) When this

section comes into force, no record described in subsection 65 (5) of the Act shall be disclosed under the Act, notwithstanding any decision of the head of an institution authorizing it to be disclosed or order of the

Information and Privacy Commissioner or of a court.

Same

(3) When this

section comes into force, an outstanding request for access to records described in subsection 65 (5) of the Act shall be deemed to be withdrawn and any proceeding relating to such a request is terminated.

MUNICIPAL FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT

(1) Section 52 of the Municipal Freedom of Information and Protection of Privacy Act is amended by adding the following subsection:

Same

(3) This Act does not apply to records collected, prepared, maintained or used by or on behalf of an institution in relation to any of the following:

1. Proceedings or anticipated proceedings before a court, tribunal or other entity relating to labour relations or to the employment of a person by the institution.

2. Negotiations or anticipated negotiations relating to labour relations or to the employment of a person by the institution between the institution and a person,bargaining agent or party to a proceeding or an anticipated proceeding.

3. Meetings, consultations, discussions or communications about labour relations or employment-related matters in which the institution has an interest.

Transition

(2) When this

section comes into force, no record described in subsection 52 (3) of the Act shall be disclosed under the Act, notwithstanding any decision of the head of an institution authorizing it to be disclosed or order of the

Information and Privacy Commissioner or of a court.

Same

(3) When this

section comes into force, an outstanding request for access to records described in subsection 52 (3) of the Act shall be deemed to be withdrawn and any proceeding relating to such a request is terminated.

OCCUPATIONAL HEALTH AND SAFETY ACT

81. (1) Subsection 50 (7) of the Occupational Health and Safety Act , as re-enacted by the Statutes of Ontario, 1992,

chapter 21,

section 63, is repealed and the following substituted:

Board may substitute penalty

(7) Where on an inquiry by the Ontario Labour Relations Board into a complaint filed under subsection (2), the Board determines that a worker has been discharged or otherwise disciplined by an employer for cause and the contract of employment

or the collective agreement, as the case may be, does not contain a specific penalty for the infraction, the Board may substitute such other penalty for the discharge or discipline as to the Board seems just and reasonable in all the

circumstances. R.S.O. 1990, c. O.1, s. 50 (7).

Transition

(2) A complaint under subsection 50 (2) of the Act in which a final decision has not been issued on the day on which this

section comes into force shall be decided as if subsection 50 (7) of the Act, as re-enacted by subsection (1),

were in force at all material times.

PUBLIC SERVICE ACT

(1) Section 22 of the Public Service Act is amended by adding the following subsection:

Same, reasonable notice

(4.1) A deputy minister may release from employment in accordance with the regulations any public servant on giving the employee reasonable notice or compensation in lieu of reasonable notice.

(2) Subsection 29 (1) of the Act, as amended by the Statutes of Ontario, 1993,

chapter 38,

section 63, is further amended by adding the following clause:

(p.1) governing release from employment on reasonable notice.

PART V

COMMENCEMENT AND

SHORT TITLE

Commencement

(1) This Act, except as provided in subsections (2), (3) and (4), comes into force on the day it receives Royal Assent.

(2) Subsection 15 (1) shall be deemed to have come into force on February 14, 1994.

(3) The following provisions shall be deemed to have come into force on September 7, 1995:

1. Subsections 71 (1), (3) and (4).

2. Sections 72, 73, 74, 75 and 76.

(4) The following provisions shall be deemed to have come into force on October 4, 1995:

1. Subsection 1 (3).

Section 4.

3. Subsection 22 (1).

4. Sections 62, 68, 69 and 70.

Short title

84. The

short title of this Act is the Labour Relations and Employment Statute Law Amendment Act, 1995 .

SCHEDULE A

LABOUR RELATIONS ACT, 1995

Definitions

(1) In this Act,

"accredited employers' organization" means an organization of employers that is accredited under this Act as the bargaining agent for a unit of employers; ("association patronale accréditée")

"agriculture" includes farming in all its branches, including dairying, beekeeping, aquaculture, the raising of livestock including non-traditional livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting

of agricultural commodities, including eggs, maple products, mushrooms and tobacco, and any practices performed as an integral part of an agricultural operation, but does not include anything that was not or would not have been determined to be

agriculture under

section 2 of the predecessor to this Act as it read on June 22, 1994; ("agriculture")

"bargaining unit" means a unit of employees appropriate for collective bargaining, whether it is an employer unit or a plant unit or a subdivision of either of them; ("unité de négociation")

"Board" means the Ontario Labour Relations Board; ("Commission")

"certified council of trade unions" means a council of trade unions that is certified under this Act as the bargaining agent for a bargaining unit of employees of an employer; ("conseil de syndicats accrédité")

"collective agreement" means an agreement in writing between an employer or an employers' organization, on the one hand, and a trade union that, or a council of trade unions that, represents employees of the employer or employees of members of

the employers' organization, on the other hand, containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the employers' organization, the trade union or the employees, and includes a

provincial agreement; ("convention collective")

"construction industry" means the businesses that are engaged in constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the

site; ("industrie de la construction")

"council of trade unions" includes an allied council, a trades council, a joint board and any other association of trade unions; ("conseil de syndicats")

"dependent contractor" means a person, whether or not employed under a contract of employment, and whether or not furnishing tools, vehicles, equipment, machinery, material, or any other thing owned by the dependent contractor, who performs

resembling the relationship of an employee than that of an independent contractor; ("entrepreneur dépendant")

"employee" includes a dependent contractor; ("employé")

"employers' organization" means an organization of employers formed for purposes that include the regulation of relations between employers and employees and includes an accredited employers' organization and a designated or accredited employer

bargaining agency; ("association patronale")

"lock-out" includes the closing of a place of employment, a suspension of work or a refusal by an employer to continue to employ a number of employees, with a view to compel or induce the employees, or to aid another employer to compel or

induce that employer's employees, to refrain from exercising any rights or privileges under this Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privileges or duties of the

employer, an employers' organization, the trade union, or the employees; ("lock-out")

"member", when used with reference to a trade union, includes a person who has applied for membership in the trade union; ("membre")

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

"professional engineer" means an employee who is a member of the engineering profession entitled to practise in Ontario and employed in a professional capacity; ("ingénieur")

"strike" includes a cessation of work, a refusal to work or to continue to work by employees in combination or in concert or in accordance with a common understanding, or a slow-down or other concerted activity on the part of employees designed

to restrict or limit output; ("grève")

"trade union" means an organization of employees formed for purposes that include the regulation of relations betweenemployees and employers and includes a provincial, national, or international trade union, a certified council of trade unions

and a designated or certified employee bargaining agency. ("syndicat") R.S.O. 1990, c. L.2, s. 1 (1); 1993, c. 27, Sched., amended .

Same

(2) For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of the person's ceasing to work for the person's employer as the result of a lock-out or strike or by reason only of being dismissed by

the person's employer contrary to this Act or to a collective agreement.

Same

(3) Subject to

section 96, for the purposes of this Act, no person shall be deemed to be an employee,

(

a) who is a member of the architectural, dental, land surveying, legal or medical profession entitled to practise in Ontario and employed in a professional capacity; or

(

b) who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations.

Same

(4) Where, in the opinion of the Board, associated or related activities or businesses are carried on, whether or not simultaneously, by or through more than one corporation, individual, firm, syndicate or association or any combination

thereof, under common control or direction, the Board may, upon the application of any person, trade union or council of trade unions concerned, treat the corporations, individuals, firms, syndicates or associations or any combination thereof as

constituting one employer for the purposes of this Act and grant such relief, by way of declaration or otherwise, as it may deem appropriate.

Duty of respondents

(5) Where, in an application made pursuant to subsection (4), it is alleged that more than one corporation, individual, firm, syndicate or association or any combination thereof are or were under common control or direction, the respondents to

the application shall adduce at the hearing all facts within their knowledge that are material to the allegation. R.S.O. 1990, c. L.2, s. 1 (2-5).

Purposes and Application of Act

Purposes

2. The following are the purposes of the Act:

1. To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees.

2. To recognize the importance of workplace parties adapting to change.

3. To promote flexibility, productivity and employee involvement in the workplace.

4. To encourage communication between employers and employees in the workplace.

5. To recognize the importance of economic growth as the foundation for mutually beneficial relations amongst employers, employees and trade unions.

6. To encourage co-operative participation of employers and trade unions in resolving workplace issues.

7. To promote the expeditious resolution of workplace disputes. New .

Non-application

3. This Act does not apply,

(

a) to a domestic employed in a private home;

(

b) to a person employed in agriculture, hunting or trapping;

(

c) to a person, other than an employee of a municipality or a person employed in silviculture, who is employed in horticulture by an employer whose primary business is agriculture or horticulture;

(

d) to a member of a police force within the meaning of the Police Services Act ;

(

e) to a full-time firefighter within the meaning of the Fire Departments Act ;

(

f) to a teacher as defined in the School Boards and Teachers Collective Negotiations Act , except as provided in that Act;

(

g) to a member of the Ontario Provincial Police Force;

(

h) to an employee within the meaning of the Colleges Collective Bargaining Act ;

(

i) to a provincial judge; or

(

j) to a person employed as a labour mediator or labour conciliator. R.S.O. 1990, c. L.2, s. 2; 1993, c. 38, s. 67 (1), amended .

Certain Crown agencies bound

(1) This Act binds agencies of the Crown other than those that are designated under clause 29.1 (1) (

a) of the Public Service Act .

Crown not bound

(2) Except as provided in subsection (1), this Act does not bind the Crown. New .

Freedoms

Membership in trade union

5. Every person is free to join a trade union of the person's own choice and to participate in its lawful activities. R.S.O. 1990, c. L.2, s. 3.

Membership in employers' organization

6. Every person is free to join an employers' organization of the person's own choice and to participate in its lawful activities. R.S.O. 1990, c. L.2, s. 4.

Establishment of Bargaining Rights by Certification

Application for certification

(1) Where no trade union has been certified as bargaining agent of the employees of an employer in a unit that a trade union claims to be appropriate for collective bargaining and the employees in the unit are not bound by a

collective agreement, a trade union may apply at any time to the Board for certification as bargaining agent of the employees in the unit. R.S.O. 1990, c. L.2, s. 5 (1), amended .

Same

(2) Where a trade union has been certified as bargaining agent of the employees of an employer in a bargaining unit and has not entered into a collective agreement with the employer and no declaration has been made by the Board that the trade

union no longer represents the employees in the bargaining unit, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit determined in the certificate only after the

expiration of one year from the date of the certificate. R.S.O. 1990, c. L.2, s. 5 (2), amended .

Same

(3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties and the parties

have not entered into a collective agreement and the Board has not made a declaration under

section 65, another trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the

recognition agreement only after the expiration of one year from the date that the recognition agreement was entered into. R.S.O. 1990, c. L.2, s. 5 (3), amended .

Same

(4) Where a collective agreement is for a term of not more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the

commencement of the last two months of its operation. R.S.O. 1990, c. L.2, s. 5 (4), amended .

Same

(5) Where a collective agreement is for a term of more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the

commencement of the 35th month of its operation and before the commencement of the 37th month of its operation and during the two-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after

the commencement of the last two months of its operation, as the case may be. R.S.O. 1990, c. L.2, s. 5 (5), amended .

Same

(6) Where a collective agreement referred to in subsection (4) or (5) provides that it will continue to operate for a further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain

with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in

the agreement during the further term or successive terms only during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation, as the case may be. R.S.O. 1990,

c. L.2, s. 5 (6), amended .

Restriction

(7) The right of a trade union to apply for certification under this

section is subject to subsection 10 (3),

section 66 and subsection 161 (3).

Withdrawal of application

(8) An application for certification may be withdrawn by the applicant upon such conditions as the Board may determine.

Bar to reapplying

(9) The Board shall not consider another application for certification by the trade union as the bargaining agent of the employees in the bargaining unit until one year has elapsed after the application is withdrawn.

Notice to employer

(10) The trade union shall deliver a copy of the application for certification to the employer not later than the day it is filed with the Board.

Proposed bargaining unit

(11) The application for certification shall include a written description of the proposed bargaining unit including an estimate of the number of individuals in the unit.

Evidence

(12) The application for certification shall be accompanied by a list of the names of the union members in the proposed bargaining unit and evidence of their status as union members, but the trade union shall not give this information to the

employer.

Same

(13) If the employer disagrees with the description of the proposed bargaining unit, the employer may give the Board a written description of the bargaining unit that the employer proposes and shall do so within two days after the day on which

the employer receives the application for certification. New .

Voting constituency

(1) Upon receiving an application for certification, the Board may determine the voting constituency to be used for a representation vote and in doing so shall take into account,

(

a) the description of the proposed bargaining unit included in the application for certification; and

(

b) the description, if any, of the bargaining unit that the employer proposes.

Direction re representation vote

(2) If the Board determines that 40 per cent or more of the individuals in the voting constituency appear to be members of the union at the time the application was filed, the Board shall direct that a representation vote be taken among the

individuals in the voting constituency.

Membership in constituency

(3) The number of individuals in the voting constituency who appear to be members of the trade union shall be determined with reference only to the information provided in the application for certification and the accompanying information

provided under subsection 7 (12).

No hearing

(4) The Board shall not hold a hearing when making a decision under subsection (1) or (2).

Timing of vote

(5) Unless the Board directs otherwise, the representation vote shall be held within five days after the day on which the application for certification is filed with the Board.

Conduct of vote

(6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made.

Sealing of ballot box, etc.

(7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs.

Subsequent hearing

(8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification.

Exception

(9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 7 (12). New .

Board to determine appropriateness of units

(1) Subject to subsection (2), upon an application for certification, the Board shall determine the unit of employees that is appropriate for collective bargaining, but in every case the unit shall consist of more than one

employee and the Board may, before determining the unit, conduct a vote of any of the employees of the employer for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit.

Certification pending resolution of composition of bargaining unit

(2) Where, upon an application for certification, the Board is satisfied that any dispute as to the composition of the bargaining unit cannot affect the trade union's right to certification, the Board may certify the trade union as the

bargaining agent pending the final resolution of the compositionof the bargaining unit.

Crafts units

(3) Any group of employees who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union

that according to established trade union practice pertains to such skills or crafts shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to the skills or craft, and

the Board may include in the unit persons who according to established trade union practice are commonly associated in their work and bargaining with the group, but the Board shall not be required to apply this subsection where the group of

employees is included in a bargaining unit represented by another bargaining agent at the time the application is made.

Units of professional engineers

(4) A bargaining unit consisting solely of professional engineers shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, but the Board may include professional engineers in a bargaining unit with other

employees if the Board is satisfied that a majority of the professional engineers wish to be included in the bargaining unit.

Dependent contractors

(5) A bargaining unit consisting solely of dependent contractors shall be deemed by the Board to be a unit of employees appropriate for collective bargaining but the Board may include dependent contractors in a bargaining unit with other

employees if the Board is satisfied that a majority of the dependent contractors wish to be included in the bargaining unit. R.S.O. 1990, c. L.2, s. 6.

Certification after representation vote

(1) The Board shall certify a trade union as the bargaining agent of the employees in a bargaining unit if more than 50 per cent of the ballots cast in the representation vote by the employees in the bargaining unit are

cast in favour of the trade union.

No certification

(2) The Board shall not certify the trade union as bargaining agent and shall dismiss the application for certification if 50 per cent or less of the ballots cast in the representation vote by the employees in the bargaining unit are cast in

favour of the trade union.

Bar to reapplying

(3) If the Board dismisses an application for certification under this section, the Board shall not consider anotherapplication for certification by the trade union as the bargaining agent of the employees in the bargaining unit until one year

has elapsed after the dismissal. New .

Certification where Act contravened

(1) Upon the application of a trade union, the Board may certify the trade union as the bargaining agent for the employees in a bargaining unit in the following circumstances:

1. An employer, employers' organization or person acting on behalf of an employer or employers' organization has contravened the Act.

2. The result of the contravention is that a representation vote does not or would not likely reflect the true wishes of the employees in the bargaining unit about being represented by the trade union.

3. No other remedy, including the taking of another representation vote, is sufficient to counter the effects of the contravention.

4. The trade union has membership support adequate for the purposes of collective bargaining in a bargaining unit found by the Board to be appropriate for collective bargaining.

No certification where Act contravened

(2) Upon the application of an interested person, the Board may dismiss an application for certification of a trade union as the bargaining agent for the employees in a bargaining unit in the following circumstances:

1. A trade union, council of trade unions or person acting on behalf of a trade union or council of trade unions has contravened the Act.

2. The result of the contravention is that a representation vote does not or would not likely reflect the true wishes of the employees in the bargaining unit about being represented by the trade union.

3. No other remedy, including the taking of another representation vote, is sufficient to counter the effects of the contravention.

Use of representation vote

(3) The Board may consider the results of a representation vote when making a decision under this section.

Effect of representation vote

(4) Subsections 10 (1) and (2) do not apply with respect to a representation vote taken in the circumstances described in this section. New .

Certification of councils of trade unions

(1) Sections 7 to 15, 125 and 127 apply with necessary modifications to an application for certification by a council of trade unions, but, before the Board certifies such a council as bargaining agent for the employees of

an employer in a bargaining unit, the Board shall satisfy itself that each of the trade unions that is a constituent union of the council has vested appropriate authority in the council to enable it to discharge the responsibilities of a

bargaining agent.

Postponement of disposition

(2) Where the Board is of opinion that appropriate authority has not been vested in the applicant, the Board may postpone disposition of the application to enable the constituent unions to vest such additional or other authority as the Board

considers necessary. R.S.O. 1990, c. L.2, s. 10 (1, 2).

Membership

(3) For the purposes of sections 7 and 8, a person who is a member of any constituent trade union of a council shall be deemed by the Board to be a member of the council. R.S.O. 1990, c. L.2, s. 10 (3), amended .

Right of access

13. Where employees of an employer reside on the property of the employer, or on property to which the employer has the right to control access, the employer shall, upon a direction from the Board, allow the representative of a

trade union access to the property on which the employees reside for the purpose of attempting to persuade the employees to join a trade union. R.S.O. 1990, c. L.2, s. 11.

Security guards

(1) This

section applies with respect to guards who monitor other employees or who protect the property of an employer.

Trade union with members other than guards, etc.

(2) Unless the employer notifies the Board that it objects, a trade union that admits to membership persons who are not guards or that is chartered by or affiliated with an organization that does so may be certified as the bargaining agent for

a bargaining unit composed solely of guards.

Mixed bargaining unit

(3) Unless the employer notifies the Board that it objects, a bargaining unit may include guards and persons who are notguards.

If objection

(4) If the employer objects, the trade union must satisfy the Board that no conflict of interest would result from the trade union becoming the bargaining agent or from including persons other than guards in the bargaining unit.

Conflict of interest

(5) The Board shall consider the following factors in determining whether a conflict of interest would result:

1. The extent of the guards' duties monitoring other employees of their employer or protecting their employer's property.

2. Any other duties or responsibilities of the guards that might give rise to a conflict of interest.

3. Such other factors as the Board considers relevant.

Certification

(6) If the Board is satisfied that no conflict of interest would result, the Board may certify the trade union to represent the bargaining unit. New .

What unions not to be certified

15. The Board shall not certify a trade union if any employer or any employers' organization has participated in its formation or administration or has contributed financial or other support to it or if it discriminates against

any person because of any ground of discrimination prohibited by the Human Rights Code or the Canadian Charter of Rights and Freedoms. R.S.O. 1990, c. L.2, s. 13.

Negotiation of Collective Agreements

Notice of desire to bargain

16. Following certification, the trade union shall give the employer written notice of its desire to bargain with a view to making a collective agreement. R.S.O. 1990, c. L.2, s. 14.

Obligation to bargain

17. The parties shall meet within 15 days from the giving of the notice or within such further period as the parties agree upon and they shall bargain in good faith and make every reasonable effort to make a collective

agreement. R.S.O. 1990, c. L.2, s. 15.

Appointment of conciliation officer, where notice given

(1) Where notice has been given under

section 16 or 58, the Minister, upon the request of either party, shall appoint aconciliation officer to confer with the parties and endeavour to effect a collective agreement.

Same, where no notice given

(2) Despite the failure of a trade union to give written notice under

section 16 or the failure of either party to give written notice under sections 58 and 131, where the parties have met and bargained, the Minister, upon the request of either

party, may appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.

Same, voluntary recognition

(3) Where an employer and a trade union agree that the employer recognizes the trade union as the exclusive bargaining agent of the employees in a defined bargaining unit and the agreement is in writing signed by the parties, the Minister may,

upon the request of either party, appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement.

Second conciliation

(4) Despite anything in this Act, where the Minister has appointed a conciliation officer or a mediator and the parties have failed to enter into a collective agreement within 15 months from the date of such appointment, the Minister may, upon

the joint request of the parties, again appoint a conciliation officer to confer with the parties and endeavour to effect a collective agreement, and, upon the appointment being made, sections 19 to 36 and 78 to 85 apply, but the appointment is

not a bar to an application for certification or for a declaration that the trade union no longer represents the employees in the bargaining unit. R.S.O. 1990, c. L.2, s. 16.

Appointment of mediator

(1) Where the Minister is required or authorized to appoint a conciliation officer, the Minister may, on the request in writing of the parties, appoint a mediator selected by them jointly before he or she has appointed a

conciliation board or has informed the parties that he or she does not consider it advisable to appoint a conciliation board.

Same

(2) Where the Minister has appointed a mediator after a conciliation officer has been appointed, the appointment of the conciliation officer is thereby terminated. R.S.O. 1990, c. L.2, s. 17.

Duties

(1) Where a conciliation officer is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement and he or she shall, within 14 days from his or her appointment, report the result of his

or her endeavour tothe Minister.

Extension of 14-day period

(2) The period mentioned in subsection (1) may be extended by agreement of the parties or by the Minister upon the advice of the conciliation officer that a collective agreement may be made within a reasonable time if the period is

extended.

Report of settlement

(3) Where the conciliation officer reports to the Minister that the differences between the parties concerning the terms of a collective agreement have been settled, the Minister shall forthwith by notice in writing inform the parties of the

report. R.S.O. 1990, c. L.2, s. 18.

Conciliation board, appointment of members

21. If the conciliation officer is unable to effect a collective agreement within the time allowed under

section 20,

(

a) the Minister shall forthwith by notice in writing request each of the parties, within five days of the receipt of the notice, to recommend one person to be a member of a conciliation board, and upon the receipt of the recommendations or

upon the expiration of the five-day period he or she shall appoint two members who in his or her opinion represent the points of view of the respective parties, and the two members so appointed may, within three days after they are appointed,

jointly recommend a third person to be a member and chair of the board, and upon the receipt of the recommendation or upon the expiration of the three-day period, he or she shall appoint a third person to be a member and chair of the board; or

(

b) the Minister shall forthwith by notice in writing inform each of the parties that he or she does not consider it advisable to appoint a conciliation board. R.S.O. 1990, c. L.2, s. 19.

Certain persons prohibited as members

22. No person shall act as a member of a conciliation board who has any pecuniary interest in the matters coming before it or who is acting, or has, within a period of six months preceding the date of his or her appointment,

acted as solicitor, counsel or agent of either of the parties. R.S.O. 1990, c. L.2, s. 20.

Notice to parties of appointment

(1) When the members of the conciliation board have been appointed, the Minister shall forthwith give notice of their names to the parties and thereupon the board shall be deemed to have been established.

Presumption of establishment

(2) When notice under subsection (1) has been given, it shall be presumed conclusively that the conciliation board has been established in accordance with this Act, and no order shall be made or process entered or proceedings taken in any

court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question the establishment of the conciliation board or the appointment of any of its members, or to review, prohibit or

restrain any of its proceedings. R.S.O. 1990, c. L.2, s. 21.

Vacancies

(1) If a person ceases to be a member of a conciliation board by reason of his or her resignation or death before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party

whose point of view was represented by the person.

Appointment of new member in place of member

(2) If in the opinion of the Minister a member of a conciliation board has failed to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, the Minister may appoint a member in

his or her place after consulting the party whose point of view was represented by the person.

Appointment of new chair

(3) If the chair of a conciliation board is unable to enter on his or her duties so as to enable it to report to the Minister within a reasonable time after its appointment, he or she shall advise the Minister of his or her inability and the

Minister may appoint a person to act as chair in his or her place. R.S.O. 1990, c. L.2, s. 22.

Terms of reference

25. As soon as a conciliation board has been established, the Minister shall deliver to its chair a statement of the matters referred to it and the Minister may, either before or after its report is made, amend or add to the

statement. R.S.O. 1990, c. L.2, s. 23.

Oath of Office

26. Each member of a conciliation board shall, before entering upon his or her duties, take and subscribe before a person authorized to administer oaths or before another member of the board, and file with the Minister, an oath

I do solemnly swear (or solemnly affirm) that I am not disqualified under

section 22 of the Labour Relations Act, 1995 from acting as a member of a conciliation board and that I will faithfully, truly and impartially, to the best of my

knowledge, skill and ability, execute and perform the office of member ( or chair) of the conciliation board established

to..............................................................................................................................................................................................................................................................................................

........................

and that I will not, except as I am legally authorized, disclose to any person any of the evidence or other matter brought before the board. So help me God. (omit this phrase in an affirmation).

R.S.O. 1990, c. L.2, s. 24.

Duties

27. As soon as a conciliation board is established, it shall endeavour to effect agreement between the parties on the matters referred to it. R.S.O. 1990, c. L.2, s. 25.

Procedure

(1) Subject to this Act, a conciliation board shall determine its own procedure.

Presentation of evidence

(2) A conciliation board shall give full opportunity to the parties to present their evidence and make their submissions. R.S.O. 1990, c. L.2, s. 26.

Sittings

29. The chair of a conciliation board shall, after consultation with the other members of the board, fix the time and place of its sittings, and her or she shall notify the parties and the other members of the board of the time

and place so fixed. R.S.O. 1990, c. L.2, s. 27.

Minister to be informed of first sitting

30. The chair of a conciliation board shall in writing, immediately upon the conclusion of its first sitting, inform the Minister of the date on which the sitting was held. R.S.O. 1990, c. L.2, s. 28.

Quorum

31. The chair and one other member of a conciliation board or, in the absence of the chair and with his or her written consent, the other two members constitute a quorum, but, in the absence of one of the members other than the

chair, the other members shall not proceed unless the absent member has been given reasonable notice of the sitting. R.S.O. 1990, c. L.2, s. 29.

Casting vote

32. If the members of a conciliation board are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs. R.S.O. 1990, c. L.2, s. 30.

Power

33. A conciliation board has power,

(

a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath,and to produce such documents and things as the board considers requisite to the full investigation and consideration of the matters

referred to it in the same manner as a court of record in civil cases;

(

b) to administer oaths and affirmations;

(

c) to accept such oral or written evidence as it in its discretion considers proper, whether admissible in a court of law or not;

(

d) to enter any premises where work is being done or has been done by the employees or in which the employer carries on business or where anything is taking place or has taken place concerning any of the matters referred to the board, and

inspect and view any work, material, machinery, appliance or

article therein, and interrogate any person respecting any such thing or any of such matters;

(

e) to authorize any person to do anything that the board may do under clause (

d) and to report to the board thereon. R.S.O. 1990, c. L.2, s. 31, revised .

When report to be made

(1) A conciliation board shall report its findings and recommendations to the Minister within 30 days after its first sitting.

Extension of period

(2) The period mentioned in subsection (1) may be extended,

(

a) for a further period not exceeding 30 days,

(

i) by the Minister at the request of the chair of the conciliation board, or

(ii) by agreement of the parties; or

(

b) for a further period beyond the period fixed in clause (

a) that the parties may agree upon and as the Minister may approve.

Report

(3) The report of the majority constitutes the report of the conciliation board, but, where there is no majority agreement or where the board is unable to report within the time allowed under subsection (1) or (2), the chair shall notify the

Minister in writing that there has been no agreement or that the board is unable to report, as the case may be, and in either case the notification constitutes the report of the board.

Clarification, etc., of report

(4) After a conciliation board has made its report, the Minister may direct it to clarify or amplify any part of its report, and the report shall not be deemed to have been received by the Minister until it has been so clarified or

amplified.

Copies of reports to parties

(5) On receipt of the report of the conciliation board or the mediator, the Minister shall forthwith release a copy to each of the parties. R.S.O. 1990, c. L.2, s. 32.

Duty of mediator

(1) Where a mediator is appointed, he or she shall confer with the parties and endeavour to effect a collective agreement.

Powers

(2) A mediator has all the powers of a conciliation board under

section 33.

Sections 30 and 34 apply

(3) Sections 30 and 34 apply with necessary modifications to a mediator.

Report

(4) The report of a mediator has the same effect as the report of a conciliation board. R.S.O. 1990, c. L.2, s. 33.

Failure to report

36. Failure of a conciliation officer to report to the Minister within the time provided in this Act does not invalidate the proceedings of the conciliation officer. R.S.O. 1990, c. L.2, s. 34.

Industrial inquiry commission

(1) The Minister may establish an industrial inquiry commission to inquire into and report to the Minister on any industrial matter or dispute that the Minister considers advisable.

Composition and powers

(2) The industrial inquiry commission shall consist of one or more members appointed by the Minister and the commission shall have all the powers of a conciliation board under

section 31.

Remuneration and expenses

(3) The chair and members of the commission shall be paid remuneration and expenses at the same rate as is payable to a chair and members of a conciliation board under this Act. R.S.O. 1990, c. L.2, s. 35.

Appointment of special officer

(1) Where, at any time during the operation of acollective agreement, the Minister considers that it will promote more harmonious industrial relations between the parties, the Minister may appoint a special officer to

confer with the parties and assist them in an examination and discussion of their current relationship or the resolution of anticipated bargaining problems.

Duties of special officer

(2) A special officer appointed under subsection (1) shall confer with the parties and shall report to the Minister within 30 days of his or her appointment and upon the filing of his or her report his or her appointment shall terminate unless

it is extended by the Minister.

Qualifications of special officer

(3) Any person knowledgeable in industrial relations may be appointed a special officer, whether or not he or she is an employee of the Crown. R.S.O. 1990, c. L.2, s. 36.

Disputes Advisory Committee

(1) The Minister may appoint a Disputes Advisory Committee composed of one or more representatives of employers and one or more representatives of employees.

Purpose of Committee

(2) At any time during the course of bargaining, either before or after the commencement of a strike or lock-out, where it appears to the Minister that the normal conciliation and mediation procedures have been exhausted, the Minister may

request that the Disputes Advisory Committee be convened to confer with, advise and assist the bargaining parties. R.S.O. 1990, c. L.2, s. 37.

Voluntary arbitration

(1) Despite any other provision of this Act, the parties may at any time following the giving of notice of desire to bargain under

section 16 or 58, irrevocably agree in writing to refer all matters remaining in dispute

between them to an arbitrator or a board of arbitration for final and binding determination. R.S.O. 1990, c. L.2, s. 38 (1).

Powers of arbitrator or board of arbitration

(2) The agreement to arbitrate shall supersede all other dispute settlement provisions of this Act, including those provisions relating to conciliation, mediation, strike and lock-out, and the provisions of subsections 48 (6), (7), (10),

(11) and (15) to (17) apply with necessary modifications to the proceedings before the arbitrator or board of arbitration and to its decision under this section. R.S.O. 1990, c. L.2, s. 38 (2), amended .

Effect of agreement

(3) For the purposes of

section 66 and

section 132, an irrevocable agreement in writing referred to in subsection (1) shall have the same effect as a collective agreement. R.S.O. 1990, c. L.2, s. 38 (3).

Where Minister may require ratification vote

41. Where, at any time after the commencement of a strike or lock-out, the Minister is of the opinion that it is in the public interest that the employees in the affected bargaining unit be given the opportunity to accept or

reject the offer of the employer last received by the trade union in respect of all matters remaining in dispute between the parties, the Minister may, on such terms as he or she considers necessary, direct that a vote of the employees in the

bargaining unit to accept or reject the offer be held forthwith. R.S.O. 1990, c. L.2, s. 39.

Vote on employer's offer

(1) Before or after the commencement of a strike or lock-out, the employer of the employees in the affected bargaining unit may request that a vote of the employees be taken as to the acceptance or rejection of the offer of

the employer last received by the trade union in respect of all matters remaining in dispute between the parties and the Minister shall, and in the construction industry the Minister may, on the terms that he or she considers necessary direct that

a vote of the employees to accept or reject the offer be held and thereafter no further such request shall be made.

Time limits and periods not affected

(2) A request for the taking of a vote, or the holding of a vote, under subsection (1) does not abridge or extend any time limits or periods provided for in this Act. R.S.O. 1990, c. L.2, s. 40.

First agreement arbitration

(1) Where the parties are unable to effect a first collective agreement and the Minister has released a notice that it is not considered advisable to appoint a conciliation board or the Minister has released the report of a

conciliation board, either party may apply to the Board to direct the settlement of a first collective agreement by arbitration.

Duty of Board

(2) The Board shall consider and make its decision on an application under subsection (1) within 30 days of receiving the application and it shall direct the settlement of a first collective agreement by arbitration where, irrespective of

whether

section 17 has been contravened, it appears to the Board that the process of collective bargaining has been unsuccessful because of,

(

a) the refusal of the employer to recognize the bargaining authority of the trade union;

(

b) the uncompromising nature of any bargaining position adopted by the respondent without reasonable justification;

(

c) the failure of the respondent to make reasonable or expeditious efforts to conclude a collective agreement; or

(

d) any other reason the Board considers relevant.

Choice of arbitrator

(3) Where a direction is given under subsection (2), the first collective agreement between the parties shall be settled by a board of arbitration unless within seven days of the giving of the direction the parties notify the Board that they

have agreed that the Board arbitrate the settlement.

Arbitration by Board

(4) Where the parties give notice to the Board of their agreement that the Board arbitrate the settlement of the first collective agreement, the Board,

(

a) shall appoint a date for and commence a hearing within 21 days of the giving of the notice to the Board; and

(

b) shall determine all matters in dispute and release its decision within 45 days of the commencement of the hearing. R.S.O. 1990, c. L.2, s. 41 (1-4).

Same

(5) The parties to an arbitration by the Board shall jointly pay to the Board for payment into the Consolidated Revenue Fund the amount determined under the regulations for the expense of the arbitration. New .

Private arbitration

(6) Where the parties do not agree that the Board arbitrate the settlement of the first collective agreement, each party, within 10 days of the giving of the direction under subsection (2), shall inform the other party of the name of its

appointee to the board of arbitration referred to in subsection (3) and the appointees so selected, within five days of the appointment of the second of them, shall appoint a third person who shall be the chair.

Same

(7) If a party fails to make appointment as required by subsection (6) or if the appointees fail to agree upon a chair within the time limited, the appointment shall be made by theMinister upon the request of either party.

Same

(8) A board of arbitration appointed under this

section shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and

section 116 applies to the board of arbitration,

its decision and proceedings as if it were the Board.

Same

(9) The remuneration and expenses of the members of a board of arbitration appointed under this

section shall be paid as follows:

1. A party shall pay the remuneration and expenses of the member appointed by or on behalf of the party.

2. Each party shall pay one-half of the remuneration and expenses of the chair.

Same

(10) Subsections 6 (8), (9), (10), (12), (13), (14), (17) and (18) of the Hospital Labour Disputes Arbitration Act and subsections 48 (11) and (15) of this Act apply with necessary modifications to a board of arbitration established

under this section.

Same

(11) The date of the first hearing of a board of arbitration appointed under this

section shall not be later than 21 days after the appointment of the chair.

Same

(12) A board of arbitration appointed under this

section shall determine all matters in dispute and release its decision within 45 days of the commencement of its hearing of the matter.

Mediation

(13) The Minister may appoint a mediator to confer with the parties and endeavour to effect a settlement. R.S.O. 1990, c. L.2, s. 41 (5-12).

Effect of direction on strike or lock-out

(14) The employees in the bargaining unit shall not strike and the employer shall not lock out the employees where a direction has been given under subsection (2) and, where the direction is made during a strike by, or a lock-out of, employees

in the bargaining unit, the employees shall forthwith terminate the strike or the employer shall forthwith terminate the lock-out and the employer shall forthwith reinstate the employees in the bargaining unit in the employment they had at the

time the strike or lock-out commenced,

(

a) in accordance with any agreement between the employer and the trade union respecting reinstatement of the employees in the bargaining unit; or

(

b) where there is no agreement respecting reinstatement of the employees in the bargaining unit, on the basis of the length of service of each employee in relation to that of the other employees in the bargaining unit employed at the time the

strike or lock-out commenced, except as may be directed by an order of the Board made for the purpose of allowing the employer to resume normal operations. R.S.O. 1990, c. L.2, s. 41 (13); 1993, c. 27, Sched.

Non-application

(15) The requirement to reinstate employees set out in subsection (14) applies despite the fact that replacement employees may be performing the work of employees in the bargaining unit, but subsection (14) does not apply so as to require

reinstatement of an employee where, because of the permanent discontinuance of all or part of the business of the employer, the employer no longer has persons engaged in performing work of the same or a similar nature to work which the employee

performed before the strike or lock-out. R.S.O. 1990, c. L.2, s. 41 (14).

Working conditions not to be altered

notice was given under

section 16 shall continue in effect, or, if altered before the giving of the direction, be restored and continued in effect until the first collective agreement is settled. R.S.O. 1990, c. L.2, s. 41 (15),

revised .

Non-application

(17) Subsection (16) does not apply so as to effect any alteration in rates of wages or in any other term or condition of employment agreed to by the employer and the trade union.

Matters to be accepted or considered

(18) In arbitrating the settlement of a first collective agreement under this section, matters agreed to by the parties, in writing, shall be accepted without amendment.

Effect of settlement

(19) A first collective agreement settled under this

section is effective for a period of two years from the date on which it is settled and it may provide that any of the terms of the agreement, except its term of operation, shall be

retroactive to the day that the Board may fix, but not earlier than the day onwhich notice was given under

section 16.

Extension of time

(20) The parties, by agreement in writing, or the Minister may extend any time limit set out in this section, despite the expiration of the time.

Non-application

(21) This

section does not apply to the negotiation of a first collective agreement,

(

a) where one of the parties is an employers' organization accredited under

section 136 as a bargaining agent for employers; or

(

b) where the agreement is a provincial agreement within the meaning of

section 152.

Application

(22) This

section applies to an employer and a trade union where the trade union has acquired or acquires bargaining rights for employees of the employer before or after May 26, 1986, and the bargaining rights have been acquired since January

1, 1984 and continue to exist at the time of an application under subsection (1).

Application for termination, etc.

(23) Despite subsection (2), where an application under subsection (1) has been filed with the Board and a final decision on the application has not been issued by it and there has also been filed with the Board, either or both,

(

a) an application for a declaration that the trade union no longer represents the employees in the bargaining unit; and

(

b) an application for certification by another trade union as bargaining agent for employees in the bargaining unit,

the Board shall consider the applications in the order that it considers appropriate and if it grants one of the applications, it shall dismiss any other application described in this

section that remains unconsidered.

Same

(24) An application for a declaration that a trade union no longer represents the employees in the bargaining unit filed with the Board after the Board has given a direction under subsection (2) is of no effect unless it is brought after the

first collective agreement is settled and unless it is brought in accordance with subsection 62 (2).

Same

(25) An application for certification by another trade union as bargaining agent for employees in the bargaining unit filed with the Board after the Board has given a direction under subsection (2) is of no effect unless it is brought after the

first collective agreement is settled and unless it is brought in accordance with subsections 7 (4), (5) and (6).

Procedure

(26) The Arbitration Act, 1991 does not apply to an arbitration under this section. R.S.O. 1990, c. L.2, s. 41 (16-25).

Mandatory ratification vote

(1) A collective agreement entered into after the day on which this

section comes into force has no effect until it has been ratified by a vote of the employees in the bargaining unit.

Exceptions

(2) Subsection (1) does not apply with respect to a collective agreement imposed by order of the Board or settled by arbitration.

Same

(3) The vote must be held in accordance with subsections 78 (5) to (7). New .

Contents of Collective Agreements

Recognition provision

(1) Every collective agreement shall be deemed to provide that the trade union that is a party thereto is recognized as the exclusive bargaining agent of the employees in the bargaining unit defined therein.

Recognition of accredited employers' organization

(2) Every collective agreement to which an accredited employers' organization is a party shall be deemed to provide that the accredited employers' organization is recognized as the exclusive bargaining agent of the employers in the unit of

employers for whom the employers' organization has been accredited. R.S.O. 1990, c. L.2, s. 42.

Provision against strikes and lock-outs

46. Every collective agreement shall be deemed to provide that there will be no strikes or lock-outs so long as the agreement continues to operate. R.S.O. 1990, c. L.2, s. 43.

Deduction and remittance of union dues

(1) Except in the construction industry and subject to

section 52, where a trade union that is the bargaining agent for employees in a bargaining unit so requests, there shall beincluded in the collective agreement between

the trade union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the amount of

the regular union dues and to remit the amount to the trade union, forthwith.

Definition

(2) In subsection (1),

"regular union dues" means,

(

a) in the case of an employee who is a member of the trade union, the dues uniformly and regularly paid by a member of the trade union in accordance with the constitution and by-laws of the trade union, and

(

b) in the case of an employee who is not a member of the trade union, 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

trade union. R.S.O. 1990, c. L.2, s. 44.

Arbitration provision

(1) Every collective agreement shall provide for the final and binding settlement by arbitration, without stoppage of work, of all differences between the parties arising from the

interpretation, application, administration

or alleged violation of the agreement, including any question as to whether a matter is arbitrable. R.S.O. 1990, c. L.2, s. 45 (1), revised .

Same

(2) If a collective agreement does not contain a provision that is mentioned in subsection (1), it shall be deemed to contain a provision to the following effect:

Where a difference arises between the parties relating to the

interpretation, application or administration of this agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this agreement has

been violated, either of the parties may after exhausting any grievance procedure established by this agreement, notify the other party in writing of its desire to submit the