Public Sector Transition Stability Act, 1997 Witmer, Hon. Elizabeth Minister of Labour — Bill 136 (36th Parliament, 1st Session)

Bill 136, 36-1

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Bill 136, Public Sector Transition Stability Act, 1997

Witmer, Hon. Elizabeth Minister of Labour

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As Amended by Standing Committee

[36] Bill 136 As Amended by Standing Committee (PDF)

Bill 136 1997

An Act to provide for the expeditious resolution of disputes during collective bargaining in certain sectors and to facilitate collective bargaining following restructuring in the public sector and to make certain amendments to the

Employment Standards Act and the

Pay Equity Act

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

Schedule A

1. The Public Sector Dispute Resolution Act, 1997 , as set out in

Schedule A, is hereby enacted. Enactment of

Schedule B

2. The Public Sector Labour Relations Transition Act, 1997 , as set out in

Schedule B, is hereby enacted. Employment Standards Act

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

chapter 21,

section 58, 1993,

chapter 27, Schedule, and 1995,

chapter 1,

section 71, is further amended by striking out

"Section 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown" in the first and second lines and substituting "Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown".

(2) Section 58 of the Act, as amended by the Statutes of Ontario, 1991,

chapter 16,

section 4, 1993,

chapter 27, Schedule, 1995,

chapter 1,

section 75 and 1996,

chapter 23,

section 11, is further amended by adding the following

subsections: Sale of a business

(9.1) If an employer who sells a business within the meaning of

section 13 purports to pay severance pay to an employee employed by the purchaser and if the amount paid at least equals the amount of severance pay to which the employee would

have been entitled had he or she not been employed by the purchaser, the amount paid shall be treated as severance pay for the purposes of subsection (9). Same

(9.2) Subsection (9.1) applies with respect to payments made before or after that subsection comes into force.

(3) Part XIV.1 of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 5 and as amended by 1995,

chapter 1, sections 76 to 78 and 1996,

chapter 23,

section 12 is repealed and the following substituted:

PART XIV.1

EMPLOYEE WAGE PROTECTION PROGRAM (DISCONTINUED) Program discontinued

58.1 The Employee Wage Protection Program is discontinued on the day that subsection 3 (3) of the Public Sector Transition Stability Act, 1997 comes into force. Continued application of old

Part

58.2 Despite

section 58.1,

Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued, continue to apply with respect to wages that become due and

owing before the Program is discontinued. Program Administrator continues

58.3 The Program Administrator appointed under subsection 58.2 (1) as it read immediately before the Program is discontinued shall continue in office for the purposes of

section 58.2. Continued powers of collectors

58.4

Section 73.0.2 applies with respect to the powers of the Program Administrator under

section 58.14 as it read immediately before the Program is discontinued.

(4) Subsection 58.21 (1) of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 6, is repealed and the following substituted: Liability for settlements

(1) Directors are liable to the Program Administrator of the Employee Wage Protection Program for compensation awarded under

section 58.7, as it read immediately before subsection 3 (3) of the Public Sector Transition Stability Act,

1997 came into force, to the extent and in the circumstances described in this section.

(5) Subsection 64.5 (14) of the Act, as enacted by the Statutes of Ontario, 1996,

chapter 23,

section 18, is repealed and the following substituted: Status of order

(14) An order authorized by subsection (6) shall be deemed, for the purposes of

section 58.2, to have been made by an employment standards officer.

(6) Paragraph 2 of subsection 73.0.2 (1) of the Act, as enacted by the Statutes of Ontario, 1996,

chapter 23,

section 27, is repealed.

(7) Paragraphs 19.1, 19.2, 19.3, 19.6, 19.7 and 19.8 of subsection 84 (1) of the Act, as enacted by the Statutes of Ontario, 1991,

chapter 16,

section 16, are repealed and the following substituted:

19.1 governing the payment of interest under

section 58.20 or

section 68.

b Pay Equity Act

(3) Subsections 13.1 (3) and (4) of the Pay Equity Act , as enacted by the Statutes of Ontario, 1993,

chapter 4,

section 8, are repealed and the following substituted: Same

(3) Clause 14 (2) (a), subsections 14.1 (1) to (6) and 14.2 (1) and (2) apply, with necessary modifications, to the negotiation or preparation of a new plan. y

(4) Section 13.1 of the Act, as enacted by the Statutes of Ontario, 1993,

chapter 4,

section 8, is amended by adding the following subsection: Application to certain events

(4.1) This

section applies with respect to an occurrence described in sections 3 to 10 of the Public Sector Labour Relations Transition Act, 1997 . For the purposes of this section, the occurrence shall be deemed to be the sale of a

business, each of the predecessor employers shall be deemed to be a seller and the successor employer shall be deemed to be the purchaser.

' Repeals

5. The following are repealed: 1. Employment Standards Amendment Act (Employee Wage Protection Program), 1991 , sections 5 and 17. 2. Labour Relations and Employment Statute Law Amendment

Act, 1995 , sections 76 to 79.

b Commencement

(1) Except as provided in subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor. y Same

(2) The Schedules to this Act come into force as provided in the commencement

section at or near the end of each Schedule.

Short title

7. The

short title of this Act is the Public Sector Transition Stability Act, 1997 .

SCHEDULE A

PUBLIC SECTOR DISPUTE RESOLUTION ACT, 1997 Purposes

1. The following are the purposes of this Act:

1. To ensure the expeditious resolution of disputes during collective bargaining.

2. To encourage the settlement of disputes through negotiation.

3. To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers.

b Arbitrations

(1) This

section applies to,

(

a) arbitrations conducted under

section 50 of the Fire Protection and Prevention Act, 1997\;

(

b) arbitrations conducted under the Hospital Labour Disputes Arbitration Act\;

(

c) arbitrations conducted under

section 122 of the Police Services Act\;

(

d) arbitrations respecting a matter concerning the amendment or renewal of an agreement or anything that may be the subject of bargaining under

section 26 of the Public Service Act\;

(

e) arbitrations under

section 43 of the Labour Relations Act, 1995 as it applies under

section 32 of the Public Sector Labour Relations Transition Act, 1997\;

(

f) arbitrations under

section 40 of the Labour Relations Act, 1995 involving a successor employer within the meaning of the Public Sector Labour Relations Transition Act, 1997 and a bargaining agent representing employees of

such an employer. Purposes to be considered

(2) In making a decision, an arbitrator or arbitration board shall take into consideration the purposes of this Act. Other criteria not excluded

(3) Nothing in subsection (2) relieves an arbitrator or arbitration board from any requirement under another Act to consider criteria in making a decision. y

AMENDMENTS Fire Protection and Prevention Act, 1997

(1) Section 50 of the Fire Protection and Prevention Act, 1997 is repealed and the following substituted:

b Arbitration

50. Where the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the matters remaining in dispute between the parties shall be decided by arbitration in accordance

with this Part. Appointment of single arbitrator

50.1

(1) Where the parties agree to have the matters in dispute between them decided by a single arbitrator, they shall, within the time set out in subsection 50.2 (1), jointly appoint a person who agreed to act. Single

arbitrator's powers

(2) The person appointed under subsection (1) shall constitute the board of arbitration for the purposes of this Part and he or she shall have the powers and duties of the chair of a board of arbitration. Notice to Minister

(3) As soon as the parties appoint a person to act as a single arbitrator, they shall notify the Minister of the name and address of the person appointed. Appointment of board of arbitration

50.2

(1) Within seven days after the day upon which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, each of the parties shall appoint to a board of

arbitration a member who has agreed to act. Extension of time

(2) The parties by a mutual agreement in writing may extend the period of seven days mentioned in subsection (1) for one further period of seven days. Failure to appoint member

(3) Where a party fails to appoint a member of a board of arbitration within the period or periods mentioned in subsection (1), the Minister, upon the written request of either of the parties, shall appoint such member. Third member

(4) Within ten days after the day on which the second of the members was appointed, the two members appointed by or on behalf of the parties shall appoint a third member who has agreed to act, and such third member shall be the chair. Failure

to appoint third member

(5) Where the two members appointed by or on behalf of the parties fail within ten days after the appointment of the second of them to agree upon the third member, notice of such failure shall be given forthwith to the Minister by the parties,

the two members or either of them and the Minister shall appoint as a third member a person who is, in the opinion of the Minister, qualified to act. Notice of appointment by party

(6) As soon as one of the parties appoints a member to a board of arbitration, that party shall notify the other party and the Minister of the name and address of the member appointed. Notice of appointment by members

(7) As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed. Selection of method

(8) If the chair of the board of arbitration was appointed by the Minister, subject to subsections (9) to (11), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection. Same,

mediation-arbitration

(9) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate. Same, final offer selection

(10) The method selected shall not be final offer selection without mediation. Same, mediation-final offer selection

(11) The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of

the dispute. Vacancies

(12) If a person ceases to be a member of a board of arbitration by reason of resignation, death or otherwise 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 such person. Replacement of member

(13) If, in the opinion of the Minister, a member of a board of arbitration has failed to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 50.5 (5) or within the time

extended unde

Document details

Collection	Ontario — Bills
Citation	Bill 136, 36-1
Type	bill
Volume / chapter	p36 s1 bill 136 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	e572132bde2c7b0d8c3a7b2dbf428f9f4ba24393

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