Ambulance Services Collective Bargaining Act, 2001

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No published amendment links yet for this Act.

Sections62

• 1Definitions

  1 (1) In this Act, “ambulance” has the same meaning as in the Ambulance Act; (“ambulance”) “ambulance worker” means, (a) an employee who is an emergency medical attendant or a paramedic, as defined in the Ambulance Act, (b) an employee whose duties include dispatching ambulances, or (c) an employee prescribed as an ambulance worker by a regulation made under this Act; (“préposé aux services d’ambulance”) “Board” means the Ontario Labour Relations Board; (“Commission”) “employer” means an employer of ambulance workers; (“employeur”) “essential ambulance services” means, (a) ambulance services provided to, (i) persons who have suffered a trauma or an acute onset of illness, either of which could endanger their life, limb or functioning, or (ii) persons who have been judged by a physician or a physician’s delegate to be in an unstable medical condition and to require, while being transporte…

• 1.
• 2Application

  2 (1) Subject to subsections (2) to (4), this Act applies with respect to the following employers, employers’ organizations, trade unions, councils of trade unions and employees if the Labour Relations Act, 1995 also applies with respect to their collective bargaining: 1. Employers who employ ambulance workers and employers’ organizations that represent those employers. 2. Trade unions and councils of trade unions that act as bargaining agents for employees in a bargaining unit that includes those ambulance workers. 3. The employees in a bargaining unit that includes those ambulance workers. 2001, c. 10, s. 2 (1). Crown Employees Collective Bargaining Act, 1993 (2) This Act does not apply with respect to employers, employers’ organizations, trade unions, councils of trade unions, and employees described in subsection (1) if the Crown Employees Collective Bargaining Act, 1993 applies with…

• 2.
• 3Essential ambulance services agreement required

  3 (1) An employer and a trade union who are bound by a collective agreement or who are negotiating a first collective agreement shall negotiate an essential ambulance services agreement. 2001, c. 10, s. 3 (1). Timing (2) If they are bound by a collective agreement, they shall begin to negotiate an essential ambulance services agreement no later than 180 days before the collective agreement expires. 2001, c. 10, s. 3 (2). Same (3) If they have never had a collective agreement, they shall begin to negotiate an essential ambulance services agreement, (a) no later than 15 days after notice is given under section 16 of the Labour Relations Act, 1995; or (b) if no notice was given under that section but the parties have met and bargained, no later than 15 days after their first meeting. 2001, c. 10, s. 3 (3). Same (4) An employer and a trade union may begin to negotiate an essential ambulance …

• 3.
• 4Terms of agreement

  4 (1) An essential ambulance services agreement shall, (a) set out the number of ambulance workers who are required to provide essential ambulance services; (b) provide that the required number of ambulance workers shall continue working during any strike or lock-out of employees in the bargaining unit of which they are members; (c) for the purposes of the definition of “essential ambulance services” in subsection 1 (1), (i) specify the work that is incidental to a ser­vice for the purposes of clause (d) of that definition, (ii) specify the work that is performed on or in connection with an ambulance to protect health or safety for the purposes of clause (e) of that definition, and (iii) specify the work that is necessary to carry out a prescribed service referred to in clause (f) of that definition; (d) identify the ambulance workers who will provide essential ambulance services under t…

• 4.
• 5Additional ambulance workers

  5 If, as a result of unanticipated emergencies, the number of ambulance workers who are required to work under an essential ambulance services agreement is not adequate to enable an employer to provide the essential ambulance services, the employer may increase that number for a period not to exceed 72 hours to ensure that essential ambulance services continue to be provided. 2001, c. 10, s. 5.

• 5.
• 6Additional workers, extension of period

  6 The period during which additional ambulance workers are or may be called in to work under section 5 may be extended, (a) by agreement between the parties; or (b) by the Board, on the application of either party. 2001, c. 10, s. 6.

• 6.
• 7Conciliation officer

  7 (1) At any time after an employer and trade union are required to begin negotiations, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect an essential ambulance services agreement. 2001, c. 10, s. 7 (1). Same (2) A conciliation officer shall confer with the employer and trade union and endeavour to effect the agreement. 2001, c. 10, s. 7 (2). Delegation (3) The Minister may delegate in writing to any person the Minister’s power to make an appointment under this section. 2001, c. 10, s. 7 (3). Non-disclosure and non-compellability (4) Subsections 119 (2) and (3) and section 120 of the Labour Relations Act, 1995 apply with necessary modifications with respect to a conciliation officer appointed under this section. 2002, c. 18, Sched. J, s. 1. Section Amendments with date in force (d/m/y) 2002, c. 18, Sche…

• 7.
• 8Duration of agreement

  8 (1) An essential ambulance services agreement remains in effect until terminated by the employer or the trade union in accordance with subsection (2). 2001, c. 10, s. 8 (1). When termination allowed (2) A party may terminate the agreement, by giving the other party written notice of its termination, if the parties have a collective agreement and there are at least 190 days left in its term. 2001, c. 10, s. 8 (2).

• 8.
• 9Determination of unresolved matters by Board

  9 (1) An employer or a trade union required to make an essential ambulance services agreement under section 3 may apply to the Board for a determination of any of the matters they have not resolved. 2001, c. 10, s. 9 (1). Determination (2) Upon the application of either party, the Board shall, (a) determine any matters to be included in an essential ambulance services agreement; (b) order that terms specified by the Board be deemed to be part of an essential ambulance services agreement; (c) order that the parties be deemed to have entered into an essential ambulance services agreement; and (d) give any other directions the Board considers appropriate. 2001, c. 10, s. 9 (2). Consultation, inquiry (3) The Board may consult with the parties to attempt to resolve any matter raised by the application or may inquire into any matter raised by the application, or it may do both. 2001, c. 10, s.…

• 9.
• 10Amend agreement

  10 (1) The parties to an essential ambulance services agreement may amend the agreement. 2001, c. 10, s. 10 (1). Application to Board (2) A party to an essential ambulance services agreement may apply to the Board to amend it. 2001, c. 10, s. 10 (2). Board powers (3) On an application under this section, the Board may amend the essential ambulance services agreement and may make any other determination, order or direction it considers appropriate in the circumstances. 2001, c. 10, s. 10 (3).

• 10.
• 11Enforcement of agreement

  11 (1) A party to an essential ambulance services agreement may apply to the Board to enforce it. 2001, c. 10, s. 11 (1). Board powers (2) On an application under this section, the Board may enforce the essential ambulance services agreement and may make any other determination, order or direction it considers appropriate in the circumstances. 2001, c. 10, s. 11 (2).

• 11.
• 12Strikes and lock-outs, ambulance workers

  12 (1) The ambulance workers in a bargaining unit containing ambulance workers shall not strike and the employer shall not lock them out unless, (a) an essential ambulance services agreement between the employer and the trade union that acts as bargaining agent for the employees is in effect; and (b) a strike by or lock-out of the employees would be lawful under the Labour Relations Act, 1995. 2001, c. 10, s. 12 (1). Same, other workers (2) Nothing in subsection (1) affects the right of employees in the bargaining unit who are not ambulance workers to strike or of the employer to lock them out if a strike by or lock-out of the employees would be lawful under the Labour Relations Act, 1995. 2001, c. 10, s. 12 (2).

• 12.
• 13Strike or lock-out with no agreement

  13 (1) This section applies if no essential ambulance services agreement is in effect by the day on which a strike by or lock-out of employees in a bargaining unit that contains the ambulance workers would be lawful under the Labour Relations Act, 1995. 2001, c. 10, s. 13 (1). Terms of employment, ambulance workers (2) The terms and conditions of employment of the ambulance workers in the bargaining unit and any rights, privileges or duties of the ambulance workers or the employer or trade union in relation to the ambulance workers continue in effect until an essential ambulance services agreement is in effect, unless the employer and the trade union agree otherwise. 2001, c. 10, s. 13 (2). Same, other employees (3) Nothing in subsection (2) continues the terms and conditions of employment of employees in the bargaining unit who are not ambulance workers or any rights, privileges or duti…

• 13.
• 14Use of ambulance workers during strike or lock-out

  14 (1) During a strike by or lock-out of employees in a bargaining unit containing ambulance workers, those ambulance workers needed under an essential ambulance services agreement to provide essential ambulance services shall not strike and the employer shall not lock them out. 2001, c. 10, s. 14 (1). Same, additional workers (2) Subsection (1) applies with necessary modifications with respect to ambulance workers called in to work under section 5 for the period they are required to work under that section and any extension of that period under section 6. 2001, c. 10, s. 14 (2).

• 14.
• 15Working conditions for essential workers

  15 (1) The terms and conditions of employment of the ambulance workers who perform work under the essential ambulance services agreement and any rights, privileges or duties of those ambulance workers or the employer or trade union in relation to those ambulance workers continue in effect until a new collective agreement is made, unless the employer and the trade union agree otherwise. 2001, c. 10, s. 15 (1). Same (2) The terms and conditions of employment of ambulance workers who are required by the employer to work under section 5 and any rights, privileges or duties of those ambulance workers or the employer or trade union in relation to those ambulance workers are, while they are working, the terms and conditions of employment and the rights, privileges and duties that were in effect immediately before it became lawful for the employer or the trade union unilaterally to alter those t…

• 15.
• 16Notice to employees

  16 An employer shall notify those ambulance workers who are or may be required to work during a strike or lock-out under an essential ambulance services agreement. 2001, c. 10, s. 16.

• 16.
• 17Non-essential work

  17 An employer may require an ambulance worker who is needed to work under an essential ambulance services agreement to perform those essential ambulance services and any other normal duties of his or her position during a strike or lock-out. 2001, c. 10, s. 17.

• 17.
• 18Meaningful right to strike, lock-out, declaration by Board

  18 (1) A party to an essential ambulance services agreement may apply to the Board for a declaration, (a) that the agreement has the effect of depriving employees in a bargaining unit that contains ambulance workers of a meaningful right to strike; or (b) that the agreement has the effect of depriving the employer of a meaningful right to lock employees out. 2001, c. 10, s. 18 (1). Same (2) On an application under this section, the Board shall consider whether sufficient time has elapsed in the dispute between the parties to permit it to make the declaration under subsection (1). 2001, c. 10, s. 18 (2). Deferred decision (3) The Board may defer making a decision on the application until a date that it considers appropriate. 2001, c. 10, s. 18 (3). Factor to be considered (4) In deciding whether to make the declaration, the Board shall consider only whether, because of the number of perso…

• 18.
• 19If arbitration ordered

  19 (1) This section applies if the Board has made an order with respect to a bargaining unit of ambulance workers for final and binding interest arbitration under clause 18 (8) (d). 2001, c. 10, s. 19 (1). No strike, lockout (2) None of the employees in the bargaining unit shall strike and the employer shall not lock them out. 2001, c. 10, s. 19 (2). Same (3) If the Board makes the order while any employees in the bargaining unit are on strike, the employees on strike shall cease the strike. 2001, c. 10, s. 19 (3). Same (4) If the Board makes the order while the employer is locking out any employees in the bargaining unit, the employer shall cease locking those employees out. 2001, c. 10, s. 19 (4). Working conditions (5) Upon the making of the order, the rates of wages and all other terms and conditions of employment and all rights, privileges and duties of the employer, the bargaining …

• 19.
• 20Appointment of arbitrator and selection of method

  20 (1) If the Board orders that all matters remaining in dispute be referred to an arbitrator, the parties shall within seven days of the issuance of the order, or such longer period as they agree upon, jointly appoint an arbitrator. 2001, c. 10, s. 20 (1). Failure to appoint (2) If the parties do not jointly appoint an arbitrator within the period referred to in subsection (1), either party may apply to the Minister to appoint an arbitrator. 2001, c. 10, s. 20 (2). Minister to appoint (3) Upon receiving an application under subsection (2), the Minister shall appoint an arbitrator. 2001, c. 10, s. 20 (3). Replacement (4) If the arbitrator who is appointed is unable or unwilling to perform his or her duties, a replacement arbitrator shall be appointed in accordance with subsections (1) to (3). 2001, c. 10, s. 20 (4). Minister’s discretion (5) In appointing an arbitrator or replacement arb…

• 20.
• 21Arbitration

  21 (1) The arbitrator shall examine into and decide on the matters that are in dispute and any other matters that appear to him or her to be necessary to be decided in order to conclude a collective agreement between the parties, but in so doing the arbitrator shall not decide any matters that come within the jurisdiction of the Board. 2001, c. 10, s. 21 (1). Criteria (2) In making a decision, the arbitrator shall consider the following factors and any other factors that he or she considers relevant: 1. The employer’s ability to pay, in light of its fiscal situation. 2. The extent to which services would have to be reduced in light of the decision, if current funding and taxation levels are not increased. 3. The economic situation in Ontario and in the municipality where employees in the bargaining unit provide services. 4. A comparison, as between the employees in the bargaining unit an…

• 21.
• 22Result of arbitration

  22 (1) If, during a proceeding before an arbitrator, the parties agree on all matters that were in dispute and they put that agreement in writing and execute it, (a) that executed agreement constitutes a collective agreement; and (b) the arbitration proceeding is terminated. 2001, c. 10, s. 22 (1). Agreement on some matters (2) If, during a proceeding before an arbitrator, the parties agree on some but not all of the matters in dispute, they shall notify the arbitrator of the items agreed upon and the arbitrator shall decide only upon the remaining matters and any other matters that appear to him or her to be necessary to make a collective agreement. 2001, c. 10, s. 22 (2). Preparation and execution (3) The parties shall prepare and execute a document giving effect to the arbitrator’s decision within five days after the date of the arbitrator’s decision or, if the parties agree to a late…

• 22.
• 23Board procedure

  23 (1) Subject to subsections (2) to (8), sections 110 to 118 of the Labour Relations Act, 1995 apply, with necessary modifications, with respect to anything the Board does under this Act. 2001, c. 10, s. 23 (1). No panels (2) Where the Board is given authority to make a decision, determination or order under this Act, it shall be made, (a) by the chair or, if the chair is absent or unable to act, by the alternate chair; or (b) by a vice-chair selected by the chair in his or her sole discretion or, if the chair is absent or unable to act, selected by the alternate chair in his or her sole discretion. 2001, c. 10, s. 23 (2). Labour relations officers (3) The Board may authorize a labour relations officer to inquire into any matter that comes before it under this Act and to endeavour to settle any such matter. 2001, c. 10, s. 23 (3). Rules to expedite proceedings (4) The Board has, in rela…

• 23.
• 24Reference to Board

  24 (1) The Minister may refer to the Board any question which in his or her opinion relates to the exercise of the Minister’s powers under this Act and the Board shall report its decision on the question. 2001, c. 10, s. 24 (1). Delegation (2) The Minister may delegate in writing to any person the Minister’s power to make a referral under this section. 2001, c. 10, s. 24 (2).

• 24.
• 25Board, arbitral remedies re unlawful strikes, lock-outs

  25 (1) Sections 100, 101, 102 and 103 of the Labour Relations Act, 1995 apply with necessary modifications as if they were enacted in and form part of this Act. 2001, c. 10, s. 25 (1). Same (2) Section 108 of the Labour Relations Act, 1995, applies with necessary modifications with respect to the application, under subsection (1), of sections 100, 101 and 103 of that Act as if section 108 of that Act was enacted in and forms part of this Act. 2001, c. 10, s. 25 (2).

• 25.
• 26Offences

  26 Except where they are inconsistent with this Act, subsection 79 (6), sections 81 and 82, subsection 83 (1), and sections 84, 85, 104, 105, 106, 107 and 109 of the Labour Relations Act, 1995 apply with necessary modifications as if they were enacted in and form part of this Act. 2001, c. 10, s. 26.

• 26.
• 27Decisions filed with court

  27 (1) A trade union, council of trade unions, employer, employers’ organization or person affected by a decision of the Board made under this Act may file that decision, excluding the reasons, in the Superior Court of Justice and the decision shall be entered in the same way as an order of that court and is enforceable as such. 2001, c. 10, s. 27 (1). Same (2) The decision shall be filed in the form prescribed for the purposes of subsection 96 (6) of the Labour Relations Act, 1995. 2001, c. 10, s. 27 (2). Transitional

• 27.
• 28Time to negotiate agreement

  28 (1) Subsection 3 (2) does not apply with respect to an employer and a trade union bound by a collective agreement if the collective agreement will expire on a day that is fewer than 180 days after the day this Act comes into force. 2001, c. 10, s. 28 (1). Same (2) Subsection 3 (3) does not apply with respect to an employer and a trade union who have never had a collective agreement if this Act comes into force on a day that is more than, (a) 15 days after notice was given under section 16 of the Labour Relations Act, 1995; or (b) if no such notice was given, 15 days after the parties have met and bargained. 2001, c. 10, s. 28 (2). Agreement under C.E.C.B.A., 1993 (3) An essential services agreement made under the Crown Employees Collective Bargaining Act, 1993 before the day this Act comes into force shall be deemed to be an essential ambulance services agreement for the purposes of t…

• 28.
• 29Regulations

  29 (1) The Lieutenant Governor in Council may make regulations, (a) prescribing employees or classes of employees to be ambulance workers for the purposes of clause (c) of the definition of “ambulance workers” in subsection 1 (1); (b) specifying what work is incidental to a service for the purposes of clause (d) of the definition of “essential ambulance services” in subsection 1 (1); (c) specifying what work is performed to protect health or safety on or in connection with an ambulance for the purposes of clause (e) of the definition of “essential ambulance services” in subsection 1 (1); (d) prescribing services for the purposes of clause (f) of the definition of “essential ambulance services” in subsection 1 (1); (e) prescribing the circumstances under which and the extent to which this Act applies with respect to the provision of air ambulance services for the purposes of subsection 2 …

• 29.
• 30

  30 Omitted (provides for coming into force of provisions of this Act). 2001, c. 10, s. 30.

• 30.
• 31

  31 Omitted (enacts short title of this Act). 2001, c. 10, s. 31. ______________

• 31.