Ontario Provincial Police Collective Bargaining Act, 2006

Part I Collective Bargaining

1 In this Act, “agreement” means an agreement in writing between the Crown on the one hand and the Association on the other hand; (“convention”) “Association” means the Ontario Provincial Police Association; (“association”) “Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council; (“ministre”) “Negotiating Committee” means the Ontario Provincial Police Negotiating Committee continued under section 3; (“comité de négociation”) “public servant” has the same meaning as in the Public Service of Ontario Act, 2006; (“fonctionnaire”) 2006, c. 35, Sched. B, s. 1; 2009, c. 18, Sched. 23, s. 1; 2019, c. 1, Sched. 4, s. 41 (1, 2) Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 1 (1-3) - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (1, 2) - no effect - see 20…

1.1 (1) The Association shall not affiliate directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union. 2009, c. 18, Sched. 23, s. 2. Definition (2) In this section, “trade union” has the same meaning as in the Labour Relations Act, 1995. 2009, c. 18, Sched. 23, s. 2. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 2 - 05/06/2009

2 (1) This Act applies to persons who are part of the following bargaining units: 1. The police officers’ bargaining unit consisting of members of the Ontario Provincial Police who are cadets, recruit constables, probationary constables, constables, sergeants, staff sergeants, and sergeants major. 2. The civilian employees’ bargaining unit consisting of public servants who are employed at an Ontario Provincial Police headquarters, at the Ontario Police College or at the Ontario Provincial Police Academy or who work under the direction of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who, i. are not in the officers’ bargaining unit described in paragraph 1, ii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacit…

3 (1) The body known as the Ontario Provincial Police Negotiating Committee in English and comité de négociation de la Police provinciale de l’Ontario in French is continued. 2006, c. 35, Sched. B, s. 3 (1). Composition (2) The Negotiating Committee shall be composed of, (a) three members appointed by the Association to be known as the “staff side”; (b) three members appointed by the employer to be known as the “employer side”; and (c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote. 2006, c. 35, Sched. B, s. 3 (2). Acting chair (3) The members appointed under clauses (2) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent. 2006, c. 35, Sched. B, s. 3 (3). Duties of chair (4) The chair of the Ne…

4 (1) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance, (a) concerning working conditions or terms of employment other than, (i) a grievance to which the Community Safety and Policing Act, 2019 or the code of conduct contained in the regulations under that Act applies, (ii) a grievance that relates to pensions for employees who are part of a bargaining unit referred to in subsection 2 (1), (ii.1) a grievance that relates to supplemental pension benefits prescribed under clause 11 (b) for employees referred to in subclause (ii), or (iii) a grievance that requires the creation of a new classification of employees referred to in subclause (ii), the alteration of an existing classification or a change to be made in the classification of any such employee; or (b) concerning the interpretation or clarification of any clause in an agreement. 200…

5 (1) If a majority of the members of the Negotiating Committee is unable to agree upon a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part, the chair shall, at the request of a member, request the Minister to appoint a conciliation officer, and the Minister shall appoint a conciliation officer upon receiving the request. 2006, c. 35, Sched. B, s. 5 (1); 2019, c. 1, Sched. 4, s. 41 (6). Duty of conciliation officer (2) The conciliation officer shall confer with the Negotiating Committee and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the Minister. 2006, c. 35, Sched. B, s. 5 (2); 2019, c. 1, Sched. 4, s. 41 (6). Extension of time (3) The 14-day period may be extended if the parties agree or if the Minister extends it on the advice of t…

6 (1) If the Minister has informed the Negotiating Committee that the conciliation officer was not able to effect an agreement, the chair shall, at the request of a member, refer the matter to arbitration. 2006, c. 35, Sched. B, s. 6 (1); 2019, c. 1, Sched. 4, s. 41 (8). Composition of arbitration board (2) The following rules apply to the composition of the arbitration board: 1. The parties shall determine whether it shall consist of one person or of three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person. 2. If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall…

7 (1) Subject to subsection (2), no matter relating to pensions for employees who are part of a bargaining unit described in section 2 shall be referred to arbitration and no arbitration board shall decide any matter relating to pensions for those employees. 2009, c. 18, Sched. 23, s. 5. Same (2) Matters relating to supplemental pension benefits for employees who are part of a bargaining unit described in section 2 that are prescribed under section 11 may be referred to arbitration and, in that case, an arbitration board shall decide any matter relating to supplemental pension benefits for those employees. 2009, c. 18, Sched. 23, s. 5. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 5 - 05/06/2009

8 Repealed: 2009, c. 18, Sched. 23, s. 6. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 6 - 05/06/2009

9 (1) The Ontario Labour Relations Board has jurisdiction to deal with any complaint it receives relating to the assignment of particular work to persons in the bargaining unit described in paragraph 2 of subsection 2 (1) or in a trade union representing employees under the Crown Employees Collective Bargaining Act, 1993 and subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 apply, with necessary modifications, to the determination of such a complaint. 2006, c. 35, Sched. B, s. 9 (1). Application of LRA, 1995 (2) For the purposes of the application of subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 to the determination of a complaint referred to in subsection (1), any reference to a trade union in those subsections is deemed to include a reference to the Association. 2006, c. 35, Sched. B, s. 9 (2).

10 The Minister of Government Services or such other minister as may be designated under the Executive Council Act for the purposes of this section shall by order implement, (a) collective agreements and awards made in accordance with the collective bargaining procedures applicable to public servants employed under Part III of the Public Service of Ontario Act, 2006 who are represented by the Association; (b) approved decisions of the Negotiating Committee under section 4; and (c) decisions of an arbitration board under section 6. 2006, c. 35, Sched. B, s. 10.

10.1 (1) Despite subsection 37 (1) of the Public Service of Ontario Act, 2006, where a person is appointed a public servant to employment as a Recruit Constable for a term that is not fixed, the person shall be on probation during the period beginning on the date of his or her appointment as a Recruit Constable and ending 12 months after the day of his or her appointment as a police officer. 2009, c. 18, Sched. 23, s. 7; 2019, c. 1, Sched. 4, s. 41 (9). Same (2) The Public Service of Ontario Act, 2006 applies to a person on probation under subsection (1) as if he or she were on probation under subsection 37 (1) of that Act. 2009, c. 18, Sched. 23, s. 7. Extension with consent (3) The Commissioner of the Ontario Provincial Police may extend a police officer’s probationary period by up to six months if the police officer consents to the extension. 2019, c. 1, Sched. 4, s. 41 (10). Leave of…

11 The Lieutenant Governor in Council may make regulations, (a) prescribing the rules of procedure governing proceedings of the Negotiating Committee; (b) prescribing as supplemental pension benefits for the purposes of subsection 7 (2) benefits that are available to employees in the police and fire sectors under the supplemental plan established under section 11 of the Ontario Municipal Employees Retirement System Act, 2006. (c) clarifying the meaning of “leave of absence” for the purposes of subsection 10.1 (4). 2009, c. 18, Sched. 23, s. 8; 2019, c. 1, Sched. 4, s. 41 (11). Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 8 - 05/06/2009 2018, c. 3, Sched. 5, s. 43 (10) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 41 (11) - 01/04/2024 Part ii (ss. 12-19) Repealed: 2009, c. 18, Sched. 23, s. 9.

12-19 Repealed: 2009, c. 18, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 9 - 05/06/2009

Part II Application of Labour Relations Act, 1995

20 Repealed: 2009, c. 18, Sched. 23, s. 11. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 10, 11 - 05/06/2009 Application of LRA, 1995

21 (1) The rules of practice made by the chair of the Ontario Labour Relations Board under subsection 110 (17) of the Labour Relations Act, 1995 apply to a proceeding before the Board relating to a question referred to in subsection 2 (4) or a complaint made under section 9. 2009, c. 18, Sched. 23, s. 12 (1). Powers of the Board (2) In a proceeding referred to in subsection (1), the Board has all of the powers and duties referred to in section 111 of the Labour Relations Act, 1995. 2006, c. 35, Sched. B, s. 21 (2). Application of miscellaneous provisions (3) Section 108, subsections 110 (9), (11), (12), (13), (14), (15) and (16), section 112, subsection 114 (1) and sections 115.1, 117, 119, 120, 122 and 123 of the Labour Relations Act, 1995 apply with necessary modifications to a proceeding referred to in subsection (1). 2006, c. 35, Sched. B, s. 21 (3). Same (4) Sections 116 and 118 of …

22, 23 Repealed: 2009, c. 18, Sched. 23, s. 13. Section Amendments with date in force (d/m/y) 2009, c. 18, Sched. 23, s. 13 - 05/06/2009 ______________