School Boards Collective Bargaining Act, 2014

Interpretation and Application

1 (1) Expressions used in this Act relating to collective bargaining have the same meaning as in the Labour Relations Act, 1995, unless a contrary intention appears. Same (2) Expressions used in this Act relating to education and the school system have the same meaning as in the Education Act, unless a contrary intention appears. Constitutional rights and privileges (3) This Act and the Labour Relations Act, 1995 do not prejudicially affect any right or privilege guaranteed by section 93 of the Constitution Act, 1867 or by section 23 of the Canadian Charter of Rights and Freedoms, and every authority given by this Act and the Labour Relations Act, 1995 shall be exercised in a manner consistent with those rights and privileges.

2 (1) In this Act, “central table” means a central table established under section 23; (“table centrale”) “central terms” means, in relation to a collective agreement, the terms and conditions of the collective agreement that are determined through, or in connection with, central bargaining; (“conditions négociées centralement”) “CODE” means the corporation named, or previously named, the Council of Ontario Directors of Education; (“CODE”) “employee bargaining agency” means an entity designated under section 19, 20 or 20.1 as an employee bargaining agency; (“organisme négociateur syndical”) “employer bargaining agency” means an entity designated under section 21 as an employer bargaining agency; (“organisme négociateur patronal”) “employers’ association” means l’Association des conseils scolaires des écoles publiques de l’Ontario, l’Association franco-ontarienne des conseils scolaires ca…

3 (1) This Act applies to every school board in Ontario, to the bargaining agents that represent employees of those school boards and to the employees represented by those bargaining agents. Same (2) This Act applies to every employer bargaining agency and employee bargaining agency designated under this Act to represent school boards or employees for central bargaining purposes. Exception, construction industry (3) Despite subsection (1), this Act does not apply with respect to employees of a school board who are or become bound by a provincial agreement within the meaning of subsection 151 (1) of the Labour Relations Act, 1995 or with respect to a trade union that represents them for collective bargaining purposes. Crown bound (4) This Act binds the Crown.

4 (1) The Labour Relations Act, 1995 applies with necessary modifications, and with the additional modifications set out in this Act, with respect to the entities to whom this Act applies. 2014, c. 5, s. 4 (1). Same, limited application to the Crown (2) However, the Labour Relations Act, 1995 applies to the Crown only to the extent necessary to enable the Crown to exercise the Crown’s rights and privileges and perform the Crown’s duties under this Act. For all other purposes, subsection 4 (2) of that Act governs the application of that Act to the Crown. 2014, c. 5, s. 4 (2). Same re: related employers (3) Without limiting the generality of subsection (2), subsection 1 (4) of the Labour Relations Act, 1995 does not apply to the Crown. 2014, c. 5, s. 4 (3). Same (4) Under subsection 1 (4) of the Labour Relations Act, 1995, a school board cannot be treated as constituting one employer with …

Bargaining Units

5 (1) Each district school board and each board established under section 68 of the Education Act has the following teachers’ bargaining units: 1. Elementary school teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more elementary schools or to perform duties in respect of such schools all or most of the time. 2. Elementary school occasional teachers’ unit: One bargaining unit composed of every teacher who is an occasional teacher and who is on the board’s roster of occasional teachers who may be assigned to an elementary school. 3. Secondary school teachers’ unit: One bargaining unit composed of every teacher, other than occasional teachers, who is assigned to one or more secondary schools or to perform duties in respect of such schools all or most of the time. 4. Secondary school occasional teachers’ unit: One barga…

6 (1) Two or more teachers’ bargaining units (the “predecessor bargaining units”) may be combined to establish a single teachers’ bargaining unit if the bargaining agent for each of the predecessor bargaining units is the same and if the school board and the bargaining agent agree. Discontinuation (2) A combined teachers’ bargaining unit may be discontinued if the school board and the bargaining agent agree. In that case, the predecessor bargaining units are re-established.

7 (1) For employees of a school board who are not included in a teachers’ bargaining unit, the bargaining units are determined under the Labour Relations Act, 1995. 2014, c. 5, s. 7. s. 15.1 of the Labour Relations Act, 1995 (2) Section 15.1 of the Labour Relations Act, 1995 does not apply for the purpose of determining bargaining units under subsection (1) unless the Lieutenant Governor in Council, by regulation, provides otherwise. 2017, c. 22, Sched. 2, s. 19. Same, regulations (3) A regulation made under subsection (2) may provide for the application of section 15.1 of the Labour Relations Act, 1995 for the purposes of this section and may clarify, modify or restrict the application of that section. 2017, c. 22, Sched. 2, s. 19. Section Amendments with date in force (d/m/y) 2017, c. 22, Sched. 2, s. 19 - 01/01/2018

8 Supervisory officers, principals, vice-principals and system principals are not eligible to be members of any bargaining unit of employees of a school board. 2014, c. 5, s. 8; 2024, c. 28, Sched. 5, s. 15. Section Amendments with date in force (d/m/y) 2024, c. 28, Sched. 5, s. 15 - 31/01/2025

9 (1) An occasional teacher may be a member of more than one teachers’ bargaining unit. Same (2) An occasional teacher is on a school board’s roster of occasional teachers if he or she is on a list of occasional teachers maintained by a school operated by the board. Same (3) Upon request, a school board shall give a bargaining agent a copy of the roster and a principal of a school operated by the school board shall give a bargaining agent a copy of the list of occasional teachers maintained by the school.

Bargaining Agents Bargaining agents for teachers

10 (1) L’Association des enseignantes et des enseignants franco-ontariens is designated as the bargaining agent for employees in each of the following teachers’ bargaining units, as described in section 5: 1. Every elementary school teachers’ unit and elementary school occasional teachers’ unit at a French-language district school board. 2. Every secondary school teachers’ unit and secondary school occasional teachers’ unit at a French-language district school board. 3. Every French-language teachers’ unit and French-language occasional teachers’ unit at a school authority other than a board established under section 68 of the Education Act. 4. The teachers’ unit and occasional teachers’ unit at the Centre Jules-Léger Consortium. 2014, c. 5, s. 10 (1); 2017, c. 34, Sched. 12, s. 14 (3). ETFO (2) The Elementary Teachers’ Federation of Ontario is designated as the bargaining agent for empl…

11 (1) For bargaining units of employees of a school board who are not teachers, the bargaining agents are determined under the Labour Relations Act, 1995. 2014, c. 5, s. 11. Same (2) Every trade union that is certified or voluntarily recognized as a bargaining agent for a bargaining unit that is not a teachers’ bargaining unit after the day section 2 of the School Boards Collective Bargaining Amendment Act, 2017 comes into force shall advise the Minister in writing within 30 days following certification or voluntary recognition. 2017, c. 3, s. 2. Information in notice (3) The Minister may, by regulation, determine the information that must be included in the notice under subsection (2). 2017, c. 3, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 2 - 27/03/2017

Framework for Central and Local Bargaining

12 (1) Collective bargaining for a collective agreement between a school board and a bargaining agent shall include both central bargaining and local bargaining. 2014, c. 5, s. 12 (1); 2017, c. 3, s. 3 (1). (2), (3) Repealed: 2017, c. 3, s. 3 (2). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 3 (1, 2) - 04/05/2018

13 (1) The parties to central bargaining at a central table are the applicable employer bargaining agency and employee bargaining agency. Participation by the Crown (2) The Crown is required to participate in central bargaining at each central table.

14 (1) The parties to local bargaining are the school board and the bargaining agent that represents the applicable bargaining unit of employees of the school board. Same (2) The Crown is not entitled to participate in local bargaining. Role of Crown and employer bargaining agency in local bargaining

14.1 (1) Despite section 14, (a) the Crown may provide assistance with local bargaining to either party to the bargaining, or both parties to the bargaining, upon request; and (b) an employer bargaining agency may provide assistance with local bargaining to the school board if the school board requests it. 2017, c. 3, s. 4. Not a party or participant (2) The provision of assistance by the Crown or by an employer bargaining agency under subsection (1) does not create any requirement to obtain their consent for or approval of any of the local terms of a collective agreement, and the Crown and an employer bargaining agency do not become a participant or a party to local bargaining by virtue of providing such assistance. 2017, c. 3, s. 4. Information re local bargaining (3) A school board may be required by the Crown or by the employer bargaining agency that represents it at a central table …

15 (1) An employer bargaining agency that represents specified school boards has exclusive authority, (a) to represent the school boards during bargaining at a particular central table; (b) to exercise all of the school boards’ rights and privileges under the Labour Relations Act, 1995, and to perform all of their duties under that Act, in respect of central bargaining; (c) to bind the school boards to the central terms of their collective agreements; and (d) to exercise the rights and privileges and perform the duties described in sections 42 and 43. 2014, c. 5, s. 15 (1). Requirement for mutual agreement with Crown (2) Despite subsection (1), an employer bargaining agency cannot exercise the following rights and privileges under the Labour Relations Act, 1995 unless the employer bargaining agency and the Crown have mutually agreed that it can do so: 1. Agree under subsection 40 (1) of …

16 Repealed: 2017, c. 3, s. 6. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 6 - 27/03/2017

17 (1) An employee bargaining agency for specified bargaining units has exclusive authority, (a) to represent employees in the applicable bargaining units during bargaining at a particular central table; (b) to exercise all of the bargaining agents’ rights and privileges under the Labour Relations Act, 1995, and to perform all of their duties under that Act, relating to central bargaining; (c) to bind the employees, and their bargaining agents, to the central terms of their collective agreements; and (d) to exercise the rights and privileges and perform the duties described in sections 42 and 43. 2014, c. 5, s. 17. Duty of fair representation (2) An employee bargaining agency shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in a bargaining unit for which it is designated, whether or not the employees are members of …

18 (1) The Crown’s authority to participate in central bargaining at a central table includes participation in the following activities: 1. Conciliation, if a conciliation officer is appointed under section 18 of the Labour Relations Act, 1995 or if a conciliation board is appointed under section 21 of that Act. 2. Mediation, if a mediator is appointed under section 19 of the Labour Relations Act, 1995 or is agreed upon by the parties at the central table. 3. The activities described in sections 37, 38 and 39 of the Labour Relations Act, 1995, if an industrial inquiry commission is appointed under section 37, a special officer is appointed under section 38 or a Disputes Advisory Committee is appointed under section 39, as the case may be. 4. Arbitration, if an arbitrator or board of arbitration is appointed under subsection 40 (1) of the Labour Relations Act, 1995. Duty to co-operate (2)…

Representatives for Central Bargaining

18.1 (1) For the purposes of central bargaining, every school board to whom this Act applies must be represented by an employer bargaining agency, and every employee to whom this Act applies must be represented by an employee bargaining agency. 2017, c. 3, s. 8. Same (2) Representatives for central bargaining shall be determined in accordance with the following: 1. Employee bargaining agencies for employees in teachers’ bargaining units are set out in section 19. 2. Employee bargaining agencies for employees in bargaining units that are not teachers’ bargaining units shall be determined under sections 20 and 20.1. 3. Employer bargaining agencies for school boards shall be determined under section 21. 2017, c. 3, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 8 - 04/05/2018

19 Each of the following entities is designated as the employee bargaining agency for the employees in the teachers’ bargaining units indicated: 1. L’Association des enseignantes et des enseignants franco-ontariens is the employee bargaining agency for all of the teachers’ bargaining units for which it is the bargaining agent. 2. Elementary Teachers’ Federation of Ontario is the employee bargaining agency for all of the teachers’ bargaining units for which it is the bargaining agent. 3. The Ontario English Catholic Teachers’ Association is the employee bargaining agency for all of the teachers’ bargaining units for which it is the bargaining agent. 4. The Ontario Secondary School Teachers’ Federation is the employee bargaining agency for all of the teachers’ bargaining units for which it is the bargaining agent.

20 (1) All employees in bargaining units that are not teachers’ bargaining units who are represented by the same trade union and its affiliated local trade unions must be represented by the same employee bargaining agency. 2017, c. 3, s. 9. 60 or more bargaining units, single trade union (2) If all of the following conditions are met, the Minister shall, by regulation, designate a trade union as the employee bargaining agency for all employees in all of the bargaining units that are not teachers’ bargaining units represented by that trade union and its affiliated local trade unions: 1. The trade union and its affiliated local trade unions represent at least 60 bargaining units that are not teachers’ bargaining units. 2. The Minister is satisfied that the trade union and its affiliated local trade unions are the bargaining agents for the bargaining units at issue. 2017, c. 3, s. 9. 15 or …

20.1 (1) If the Minister has designated an employee bargaining agency for a specified round of collective bargaining under subsection 20 (3) or (12) or this subsection, the Minister shall, by regulation, make the same designation for the next round of collective bargaining, unless the Minister receives notice under subsection (2) or (3). 2017, c. 3, s. 9. Withdrawal of union from council (2) If a constituent trade union of a council of unions that was designated as an employee bargaining agency for a specified round of collective bargaining wishes to withdraw from that council for the next round of collective bargaining, it shall give the notice described in subsection (6) to, (a) the Minister; (b) every other constituent trade union that is a member of the same council of unions; and (c) every council of unions that has been designated as an employee bargaining agency. 2017, c. 3, s. 9.…

20.2 (1) The following rules apply to the Ontario Labour Relations Board’s practices and procedures with respect to applications made under section 20 or 20.1: 1. The Board shall deal with the applications in an expeditious fashion. 2. The Statutory Powers Procedure Act does not apply. 3. The Board is not required to hold a hearing. 4. The Board may consult with trade unions or councils of unions that may be affected. 5. The Board may determine the extent to which the Board is required to give full opportunity to the parties to present their evidence and to make their submissions. 6. The Board may make or cause to be made such examination of records and such other inquiries as it considers necessary in the circumstances. 7. The Board shall provide to the Minister a copy of any advice given or order made in response to an application. 2017, c. 3, s. 9. Same (2) Subject to subsection (1), …

21 (1) Each of the following is designated as the employer bargaining agency for the school boards and with respect to the bargaining units indicated: 1. L’Association des conseils scolaires des écoles publiques de l’Ontario is the employer bargaining agency for every French-language public district school board, with respect to all bargaining units other than teachers’ bargaining units that are represented by l’Association des enseignantes et des enseignants franco-ontariens. 2. L’Association franco-ontarienne des conseils scolaires catholiques is the employer bargaining agency for every French-language separate district school board, with respect to all bargaining units other than teachers’ bargaining units that are represented by l’Association des enseignantes et des enseignants franco-ontariens. 3. The CODE is, with respect to all bargaining units, the employer bargaining agency for,…

22 (0.1) In this section, reference to an employers’ association only includes reference to l’Association des conseils scolaires des écoles publiques de l’Ontario and l’Association franco-ontarienne des conseils scolaires catholiques. 2026, c. 4, Sched. 5, s. 5 (1). Power to establish committee (1) If, in the Minister’s opinion, an employers’ association or a council designated by or under section 21 is unable or unwilling to exercise its rights and privileges or perform its duties as an employer bargaining agency under this Act, the Lieutenant Governor in Council may, by regulation, establish a committee to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed. 2014, c. 5, s. 22 (1); 2026, c. 4, Sched. 5, s. 5 (2). Same (2) If, in the Minister’s opinion, an employers’ association that is a member of a council designated by or under…

22.1 (1) If, in the Minister’s opinion, the CODE is unable or unwilling to exercise its rights and privileges or perform its duties as an employer bargaining agency under this Act, the Minister may, by regulation, designate a person or a body of persons or establish a body of persons to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed. 2026, c. 4, Sched. 5, s. 6. Same (2) If the CODE is a member of a council designated by or under section 21 and, in the Minister’s opinion, is unable or unwilling to exercise its rights and privileges or perform its duties as a member of the council, the Minister may, by regulation, designate a person or a body of persons or establish a body of persons to exercise the rights and privileges and perform the duties on its behalf until central bargaining is completed. 2026, c. 4, Sched. 5, s. 6. Regu…

Central Tables Central tables

23 (1) The following central tables are established for central bargaining with respect to the teachers’ bargaining units indicated: 1. A central table for every teachers’ bargaining unit that is represented by l’Association des enseignantes et des enseignants franco-ontariens. 2. A central table for every teachers’ bargaining unit that is represented by the Elementary Teachers’ Federation of Ontario. 3. A central table for every teachers’ bargaining unit that is represented by The Ontario English Catholic Teachers’ Association. 4. A central table for every teachers’ bargaining unit that is represented by The Ontario Secondary School Teachers’ Federation, other than the teachers’ bargaining unit of the Provincial Schools Authority. 2014, c. 5, s. 23 (1). For other employees (2) The Minister shall, by regulation, establish a central table for central bargaining by each employee bargaining…

Scope of Central and Local Bargaining

24 The matters to be included within the scope of central bargaining at a central table shall be determined by the parties at the table and the Crown in accordance with section 28.

25 (1) This section applies if a council is designated as the employer bargaining agency for a particular central table and if l’Association franco-ontarienne des conseils scolaires catholiques is a member of the council. 2014, c. 5, s. 25 (1); 2026, c. 4, Sched. 5, s. 7 (1). Notice re: prejudicial effect (2) L’Association franco-ontarienne des conseils scolaires catholiques may give written notice to the parties at the central table and to the Crown that a particular matter or proposal that is the subject of central bargaining may prejudicially affect the denominational rights and privileges referred to in subsection 1 (3). 2014, c. 5, s. 25 (2); 2026, c. 4, Sched. 5, s. 7 (2). Agreement re: central, local bargaining (3) Upon receiving the notice, the parties and the Crown may agree to exclude the matter or proposal from central bargaining and may agree to make the matter or proposal th…

25.1 (1) This section applies to central bargaining at a particular central table if the employee bargaining agency represents one or more bargaining units at an English-language separate district school board. 2026, c. 4, Sched. 5, s. 8. Role of the OCSTA (2) The Ontario Catholic School Trustees’ Association is entitled to observe central bargaining at the central table but when doing so shall comply with any conditions imposed collectively by the employer bargaining agency and the Crown, which may include, (a) a restriction on the number of persons who may attend bargaining sessions; or (b) requirements to maintain the confidentiality of bargaining discussions. 2026, c. 4, Sched. 5, s. 8. Notice re prejudicial effect (3) The Ontario Catholic School Trustees’ Association may give written notice to the parties at the central table and to the Crown that a particular matter or proposal tha…

26 (1) This section applies if a council is designated as the employer bargaining agency for a particular central table and if l’Association des conseils scolaires des écoles publiques de l’Ontario or l’Association franco-ontarienne des conseils scolaires catholiques is a member of the council. Notice re: prejudicial effect (2) A council member referred to in subsection (1) may give written notice to the parties at the central table and to the Crown that a particular matter or proposal that is the subject of central bargaining may prejudicially affect the linguistic rights and privileges referred to in subsection 1 (3). Agreement, etc., re: central, local bargaining (3) Subsections 25 (3) to (9) apply, with necessary modifications, with respect to the matter or proposal.

27 If a matter is not within the scope of central bargaining at a particular central table, it is within the scope of local bargaining.

28 (1) The parties at a central table and the Crown shall meet within 15 days after the notice of desire to bargain has been given under section 59 of the Labour Relations Act, 1995, or within such further period as they agree upon, and they shall bargain in good faith and make every reasonable effort to agree upon the matters to be included within the scope of central bargaining at the central table. 2014, c. 5, s. 28 (1). Restriction re: impasse (2) No strike shall be called or lock-out authorized because there is a failure to agree upon whether a matter is within the scope of central or local bargaining. 2014, c. 5, s. 28 (2). Referral by local parties (3) A dispute between the parties to local bargaining about whether a matter is within the scope of local bargaining shall be referred to the parties at the central table and the Crown to determine. 2014, c. 5, s. 28 (3). Application to…

Negotiations

29 The Labour Relations Act, 1995 governs central bargaining at a central table as if the settlement of the central terms constituted a collective agreement between the central bargaining representatives.

30 (1) The Labour Relations Act, 1995 governs local bargaining as if the settlement of the local terms constituted a collective agreement between the employer and the bargaining agent. 2014, c. 5, s. 30 (1); 2017, c. 3, s. 12. Joint negotiations (2) For the purposes of local bargaining, two or more school boards may act jointly as a party and two or more bargaining agents may act jointly as a party if the boards and the agents all agree to do so. 2014, c. 5, s. 30 (2). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 12 - 04/05/2018

31 (1) Either of the parties to central bargaining at a central table may give notice under section 59 of the Labour Relations Act, 1995 of its desire to bargain. 2014, c. 5, s. 31 (1). Restriction, local bargaining (2) Neither of the parties at a corresponding local table are permitted to give notice under section 59 of the Labour Relations Act, 1995 of its desire to bargain. 2014, c. 5, s. 31 (2); 2017, c. 3, s. 13. Deemed notice by parties to local bargaining (3) When the notice is given by a party at the central table, it is also deemed to be notice given by each of the school boards or bargaining agents, as the case may be, represented by the party of their desire to bargain at the corresponding local tables. 2014, c. 5, s. 31 (3). Notice to the Crown (4) The party that gives notice for the central table shall give a copy of the notice to the Crown. 2014, c. 5, s. 31 (4). When notic…

32 (1) The parties to central bargaining at a central table, and the Crown, shall meet within 15 days after the scope of the central bargaining has been determined or within such further period as they agree upon and they shall bargain in good faith and make every reasonable effort to agree upon central terms. 2014, c. 5, s. 32 (1). Same (2) The parties to local bargaining shall meet within 15 days after the scope of the central bargaining, if any, has been determined or within such further period as they agree upon and they shall bargain in good faith and make every reasonable effort to agree upon local terms. 2014, c. 5, s. 32 (2); 2017, c. 3, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 14 - 04/05/2018

33 (1) If a notice of desire to bargain is given under section 16 of the Labour Relations Act, 1995, the following rules apply: 1. The local terms of the first collective agreement shall be negotiated by the applicable school board and bargaining agent. 2. The first collective agreement is deemed to include the central terms negotiated by the designated employee bargaining agency that represents the employees in the bargaining unit, as determined under section 20 or 20.1. 3. The first collective agreement must have an expiry date that is the same as the date determined under this Act for collective agreements in operation on the date on which the bargaining agent acquired bargaining rights under the Labour Relations Act, 1995 with respect to the bargaining unit. If the collective agreement does not provide for that date, it is deemed to have done so. 4. The term of operation of the colle…

34 (1) Subsections 79 (2), (3), (4), (6), (7) and (8) of the Labour Relations Act, 1995 apply separately with respect to the central bargaining and the local bargaining. 2014, c. 5, s. 34 (1); 2017, c. 3, s. 16 (1). Voting, council of unions (2) If the employee bargaining agency is a council of unions, the weight to be assigned to the votes of employees in each bargaining unit for the purposes of a vote required by subsection 79 (3) of the Labour Relations Act, 1995 in respect of central bargaining may be determined in the documents that establish the council. 2014, c. 5, s. 34 (2); 2017, c. 3, s. 16 (2). Notice before strike, central bargaining (3) No employee shall strike in respect of central bargaining unless, at least five days before the strike begins, the employee bargaining agency for the employee gives written notice of the strike to the employer bargaining agency at the central…

35 (1) For the purposes of this Act, the definition of “strike” in section 1 of the Labour Relations Act, 1995 does not apply with respect to a teachers’ bargaining unit. Same (2) For the purposes of this Act, “strike”, in relation to a teachers’ bargaining unit, includes any action or activity by teachers in combination or in concert or in accordance with a common understanding that is designed or may reasonably be expected to have the effect of curtailing, restricting, limiting or interfering with, (a) the normal activities of a school board or its employees, (b) the operation or functioning of one or more of a school board’s schools or of one or more of the programs in one or more schools of a school board, or (c) the performance of the duties of teachers set out in the Education Act or the regulations under it, including any withdrawal of services or work to rule by teachers acting i…

36 (1) In addition to the conditions set out in clause 86 (1) (a) of the Labour Relations Act, 1995, any term or condition of employment or right, privilege or duty of the employer that is within the scope of central bargaining cannot be altered unless the employer bargaining agency gives the employee bargaining agency for the employees at least five days’ written notice of the alteration. Local bargaining (2) In addition to the conditions set out in clause 86 (1) (a) of the Labour Relations Act, 1995, any term or condition of employment or right, privilege or duty of the employer that is within the scope of local bargaining cannot be altered unless the school board gives the employees’ bargaining agent at least five days’ written notice of the alteration.

37 (1) This section governs the circumstances in which the employer bargaining agency at a central table is permitted to make a request under subsection 42 (1) of the Labour Relations Act, 1995 that a vote of employees be taken as to the acceptance or rejection of an offer made by the employer bargaining agency with respect to central terms. Preceding steps (2) The following steps must be taken before the employer bargaining agency is authorized to make the request under subsection 42 (1) of the Labour Relations Act, 1995 with respect to a particular offer: 1. The employer bargaining agency must have given its final approval to the proposed offer, using a voting process that is consistent with subsection 21 (4). 2. The Crown must have agreed to the proposed offer. 3. The employee bargaining agency must have rejected the proposed offer after the employer bargaining agency gave its final a…

38 When resolving matters in dispute with respect to central bargaining, an arbitrator or board of arbitration appointed under section 40 of the Labour Relations Act, 1995 shall take into consideration all factors that the arbitrator or board, as the case may be, considers relevant, including the following criteria: 1. The school boards’ ability to pay in light of their fiscal situation. 2. The extent to which services may have to be reduced, in light of the decision or award, if current funding and taxation levels are not increased. 3. The economic situation in Ontario. 4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of work performed. 5. The school boards’ ability to attract and retain qualified employees.

39 (1) Section 44 of the Labour Relations Act, 1995 applies separately with respect to central bargaining and local bargaining. 2017, c. 3, s. 17 (1). Memorandum of settlement of central terms (2) A memorandum of settlement of central terms has no effect until it is ratified by the parties at the central table and agreed to by the Crown. 2017, c. 3, s. 17 (1). Memorandum of settlement of local terms (2.1) A memorandum of settlement of local terms has no effect until it is ratified by the parties to the local bargaining. 2017, c. 3, s. 17 (1). Ratification, English-language district school boards (2.1.1) A memorandum of settlement of local terms shall only be considered to have been ratified by an English-language district school board once it has been executed by the board’s director of education as well as, in the case of an English-language separate district school board, approved by t…

Collective Agreements

40 (1) A collective agreement includes central terms and local terms. 2014, c. 5, s. 40 (1); 2017, c. 3, s. 18. Same (2) A collective agreement also includes terms and conditions that, under this Act or the Labour Relations Act, 1995, are deemed to be included in it. 2014, c. 5, s. 40 (2). Parties (3) The parties to a collective agreement are the school board and the bargaining agent. 2014, c. 5, s. 40 (3). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 18 - 04/05/2018

41 (1) A collective agreement between a school board and a bargaining agent that is entered into on or after the day on which this section comes into force shall provide for a three-year term of operation and shall have a commencement date of September 1 of the year in which the previous collective agreement expired. 2014, c. 5, s. 41 (1). Exception (2) Despite subsection (1), the Minister may, by regulation, specify the term of operation of collective agreements, and the regulation may specify a term of two years, four years or five years. 2014, c. 5, s. 41 (2); 2017, c. 3, s. 19 (1). Same (3) The Minister must consult with the employer bargaining agencies and employee bargaining agencies before making a regulation under subsection (2). 2014, c. 5, s. 41 (3). Deemed commencement (4) If a collective agreement does not provide for the commencement date required by subsection (1), the coll…

41.1 (1) This section applies to agreements between an employer bargaining agency and an employee bargaining agency to continue the term of operation of all collective agreements between the school boards represented by the employer bargaining agency and the bargaining agents for the employees in the bargaining units represented by the employee bargaining agency, with or without modifications to the central terms of the collective agreements, for a period of two, three, four or five years. 2017, c. 3, s. 20 (1). Conditions (2) If the following conditions are met, an employer bargaining agency and the corresponding employee bargaining agency at a central table may enter into an agreement described in subsection (1): 1. The employer bargaining agency and the employee bargaining agency must each be satisfied that they are authorized to enter into the agreement. 2. The Crown approves the agr…

41.1.1 Repealed: 2017, c. 3, s. 20 (2). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 20 (1) - 27/03/2017; 2017, c. 3, s. 20 (2) - 04/05/2018

41.2 Repealed: 2017, c. 3, s. 20 (3). Section Amendments with date in force (d/m/y) 2017, c. 3, s. 20 (1) - 27/03/2017; 2017, c. 3, s. 20 (3) - 04/05/2018

42 (1) While a collective agreement is in operation, mutual consent to the revision of any central terms may only be given by the parties who were at the central table, and the employer bargaining agency cannot consent to a revision unless the Crown agrees to the revision. Successor party (2) If a party who was at the central table (the “original party”) has been replaced by another employer bargaining agency or employee bargaining agency, as the case may be, (the “successor party”) for the purposes of central bargaining for the next collective agreement, the successor party may give the consent described in subsection (1) and the original party ceases to be permitted to do so. Grievance arbitration

43 (1) An employer bargaining agency or an employee bargaining agency may seek a decision through final and binding arbitration to resolve any difference arising from the interpretation, application or administration of any central term of a collective agreement. Application of ss. 48, 49 of the Labour Relations Act, 1995 (2) Sections 48 and 49 of the Labour Relations Act, 1995 apply, with necessary modifications, to and in respect of the employer bargaining agency and the employee bargaining agency for the purpose of obtaining a decision of an arbitrator or arbitration board concerning a matter described in subsection (1). Arbitration by local parties (3) Subsection (1) does not prevent a party to a collective agreement from seeking a decision through final and binding arbitration to resolve any difference arising from the interpretation, application or administration of any term of a c…

General

43.1 The Lieutenant Governor in Council may, by regulation, (a) govern any transitional matters that may arise out of amendments to this Act; (a.1) govern any transitional matters that may arise out of amendments that are made to any other Act and that could affect collective bargaining or collective agreements under this Act; and (b) provide for any matter that is necessary or advisable to ensure that bargaining can take place under this Act. 2017, c. 3, s. 21; 2026, c. 4, Sched. 5, s. 11. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 21 - 27/03/2017 2026, c. 4, Sched. 5, s. 11 (1, 2) - 07/05/2026

44 (1) This Act may be enforced as if it formed part of the Labour Relations Act, 1995. 2014, c. 5, s. 44 (1). Same (2) For greater certainty, a reference to “this Act” in the Labour Relations Act, 1995 is deemed to include the School Boards Collective Bargaining Act, 2014. 2014, c. 5, s. 44 (2). Exceptions (3) Subsections 15 (6) and 18 (2) are not enforceable as if they formed part of the Labour Relations Act, 1995. 2014, c. 5, s. 44 (3); 2017, c. 3, s. 22. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 22 - 27/03/2017 Complaints re: unlawful strike

45 (1) With the consent of the applicable employer bargaining agency, the Minister may make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike. Complaint by employer bargaining agency (2) With the consent of the Minister, an employer bargaining agency may make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike. Complaint by school boards (3) Nothing in this section limits the rights of a school board to make a complaint under section 100 of the Labour Relations Act, 1995 in respect of an unlawful strike.

45.1 (1) In case of a conflict or an inconsistency within a collective agreement between any of the central terms and any of the local terms, the central term prevails. 2017, c. 3, s. 23. Application to Ontario Labour Relations Board (2) If the Crown or a party to central bargaining is of the opinion that a local term in a collective agreement conflicts with or is inconsistent with a central term in the collective agreement, it may apply to the Ontario Labour Relations Board to decide the issue. 2017, c. 3, s. 23. Participation (3) The Crown, the employer bargaining agency, the employee bargaining agency, the school board, the bargaining agent and such other persons and entities as the Board considers appropriate may participate in a proceeding under subsection (2). 2017, c. 3, s. 23. Decision (4) The Board shall decide the issue and, subject to subsection (1), may make such orders in re…

46 (1) Repealed: 2017, c. 3, s. 24. Between collective agreement and Act, etc. (2) In case of a conflict or an inconsistency between a collective agreement and this Act, or a regulation made under it, this Act or the regulation made under it prevails. 2014, c. 5, s. 46 (2). Between collective agreement and Education Act, etc. (3) In case of a conflict or an inconsistency between a collective agreement and the Education Act, or a regulation made under it, the Education Act or the regulation made under it prevails. 2014, c. 5, s. 46 (3). Between Acts, etc. (4) In case of a conflict or an inconsistency between the Labour Relations Act, 1995 and this Act, or a regulation made under it, this Act or the regulation made under it prevails. 2014, c. 5, s. 46 (4). Same (5) In case of a conflict or an inconsistency between the Education Act, or a regulation made under it, and this Act, or a regulat…

47 The Crown may enter into agreements or undertakings that, in the opinion of the Crown, are necessary or ancillary to, (a) facilitate reaching a memorandum of settlement of central terms, implementing such a memorandum or meeting commitments of the Crown relating to such a memorandum; or (b) administer or implement this Act. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25 - 27/03/2017

48 The Lieutenant Governor in Council may, by regulation, specify the powers of the Crown under this Act that the Minister is authorized to exercise as the representative of the Crown. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25 - 27/03/2017

49 (1) The Minister may delegate to any person employed in the Ministry any of the Minister’s powers or duties under this Act, including powers specified in a regulation made under section 48. 2017, c. 3, s. 25. Same (2) The delegation must be made in writing and is subject to such limitations, conditions and requirements as are set out in it. 2017, c. 3, s. 25. Subdelegation (3) In a delegation, the Minister may authorize a person to whom a power or duty is delegated to delegate the power or duty to other persons employed in the Ministry, subject to such limitations, conditions and requirements as the person may impose. 2017, c. 3, s. 25. Presumption (4) A person who purports to exercise a delegated power or perform a delegated duty shall be presumed conclusively to act in accordance with the delegation. 2017, c. 3, s. 25. Section Amendments with date in force (d/m/y) 2017, c. 3, s. 25 …

50 (1) The Education Relations Commission is continued for the purposes of advising the Lieutenant Governor in Council when, in the opinion of the Commission, the continuation of a strike by school board employees or of a lock-out of school board employees will place in jeopardy the successful completion of courses of study by the affected pupils. 2017, c. 3, s. 25. Composition (2) The Commission shall be composed of five persons who shall be appointed by the Lieutenant Governor in Council. 2017, c. 3, s. 25. Chair and vice-chair (3) The Lieutenant Governor in Council shall designate a chair and a vice-chair from among the members of the Commission. 2017, c. 3, s. 25. Acting chair (4) In the case of the absence or inability to act of the chair or of there being a vacancy in the office of the chair, the vice-chair shall act as and have all the powers of the chair and in the case of the ab…

The CODE as Employer Bargaining Agency

51 (1) In sections 52 to 57, “committee” means the committee established under subsection 52 (1); (“comité”) “OCSTA” means the Ontario Catholic School Trustees’ Association; (“OCSTA”) “OPSBA” means the Ontario Public School Boards’ Association. (“OPSBA”) 2026, c. 4, Sched. 5, s. 12. Same (2) For the purposes of sections 52 to 57, the role, including any privileges, rights or duties, of an employer bargaining agency is deemed to include the role, including any privileges, rights or duties, of a member of a council of employers’ associations that is designated as an employer bargaining agency. 2026, c. 4, Sched. 5, s. 12. Section Amendments with date in force (d/m/y) 2026, c. 4, Sched. 5, s. 12 - 07/05/2026

52 (1) There shall be a committee within the CODE whose object is to oversee and direct the CODE’s activities as an employer bargaining agency. 2026, c. 4, Sched. 5, s. 12. By-laws (2) The committee may make by-laws necessary or incidental to carrying out its object. 2026, c. 4, Sched. 5, s. 12. Copy to minister (3) The committee shall provide a copy of any new or amended by-law to the Minister as soon as possible after the by-law is made or amended. 2026, c. 4, Sched. 5, s. 12. Same (4) The committee shall provide to the Minister a copy of any of its by-laws at the request of the Minister. 2026, c. 4, Sched. 5, s. 12. By-laws respecting process (5) Subject to any process established by the regulations and without limiting the generality of subsection (2), a by-law of the committee may specify the process by which the CODE exercises any of its rights or privileges under this Act or perfo…

53 (1) The CODE and the OPSBA and the CODE and the OCSTA shall co-operate in good faith and do anything necessary to ensure that the CODE may effectively assume its role as employer bargaining agency under section 21. 2026, c. 4, Sched. 5, s. 12. Order to facilitate transfer (2) The Minister may, by order, require the OPSBA or the OCSTA to do anything that, in the opinion of the Minister, would facilitate the effective assumption by the CODE of the role of employer bargaining agency under section 21. 2026, c. 4, Sched. 5, s. 12. Same, other functions (3) The Minister may, by order, require the OPSBA or the OCSTA to do anything that, in the opinion of the Minister, would facilitate the effective assumption by the CODE of any other function that may have been carried out by the OPSBA or the OCSTA in relation to the terms and conditions of employment of any employees of a school board, incl…

54 (1) The Minister may make regulations, (a) governing the committee, including its composition and its role and authority within the CODE; (b) specifying the process by which the CODE exercises any of its rights or privileges under this Act or performs any of its duties under this Act, which need not require voting and, even where voting is required, need not comply with subsection 21 (4); (c) requiring the CODE to provide information or reports to specified persons; (d) excluding proceedings from the application of subsection 53 (9) or prescribing proceedings for the purposes of clause 53 (10) (b); (e) governing the use of any funds provided to the CODE pursuant to a regulation made under subsection 21 (10). 2026, c. 4, Sched. 5, s. 12. Same (2) Without limiting the generality of clause (1) (a), a regulation made under that clause may permit persons who are not members of the CODE to …

55 (1) No cause of action arises against any current or former member of the Executive Council, deputy minister or employee or agent of the Crown for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under sections 52 and 53 or a regulation made under subsection 54 (1) or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2026, c. 4, Sched. 5, s. 12. Crown remains vicariously liable (2) Despite subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, subsection (1) does not relieve the Crown of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2026, c. 4, Sched. 5, s. 12. No liability for acts or omissions of others (3) No cause of …

56 (1) No cause of action arises against any current or former director, officer, member or employee of the CODE, the OPSBA or the OCSTA for any act done in good faith in the exercise or performance, or intended exercise or performance, of the person’s powers, duties or functions under sections 52 and 53 or a regulation made under subsection 54 (1) or for any alleged neglect, default or other omission in the exercise or performance in good faith of those powers, duties or functions. 2026, c. 4, Sched. 5, s. 12. Trustees’ association vicariously liable (2) Subsection (1) does not relieve the CODE, the OPSBA or the OCSTA of liability to which it would otherwise be subject as a result of the acts or omissions of a person specified in subsection (1). 2026, c. 4, Sched. 5, s. 12. Proceedings by Crown not prevented (3) This section does not apply with respect to proceedings brought by the Crow…

57 (1) No proceeding shall be commenced, (a) against any person specified in subsection 55 (1) in respect of a matter referred to in that subsection; (b) against the Crown or any person specified in subsection 55 (1) in respect of a matter referred to in subsection 55 (3); or (c) against any person specified in subsection 56 (1) in respect of a matter referred to in that subsection. 2026, c. 4, Sched. 5, s. 12. Same (2) Subsection (1) does not apply with respect to an application for judicial review or any proceeding that is specifically provided for under this Act, but does apply with respect to any other court, administrative or arbitral proceeding claiming any remedy or relief, including specific performance, an injunction, declaratory relief, a remedy in contract, restitution, unjust enrichment or tort, a remedy for breach of trust or fiduciary obligation or any equitable remedy, enf…