Crown Employees Collective Bargaining Act, 1993

Bills that amended this Act0

No published amendment links yet for this Act.

Sections187

• [s0]

  PART I INTERPRETATION AND APPLICATION

• 1.
• 1Definitions

  1 (1) In this Act, “Crown employee” means, (a) a public servant employed under Part III of the Public Service of Ontario Act, 2006, and (b) a person employed by an agency of the Crown prescribed by the regulations under this Act. 1995; c. 1, s. 12 (1); 2006, c. 35, Sched. C, s. 23 (1). “Crown” (1.1) References to the Crown in this Act shall be deemed to include a reference to the agencies of the Crown to which the Act applies. 1995, c. 1, s. 12 (2). Definitions in Labour Relations Act, 1995 (2) Definitions in subsection 1 (1) of the Labour Relations Act, 1995 apply to terms used in this Act. 1993, c. 38, s. 1 (2); 1995, c. 1, s. 12 (3). Regulations (3) The Lieutenant Governor in Council may make regulations prescribing agencies of the Crown for the purposes of clause (b) of the definition of “Crown employee” in subsection (1). 2006, c. 35, Sched. C, s. 23 (2). Section Amendments with dat…

• 1.1Application of Act

  1.1 (1) This Act applies with respect to the Crown, Crown employees and the bargaining agents of Crown employees. 2006, c. 35, Sched. C, s. 23 (3). (2) Repealed: 2006, c. 35, Sched. C, s. 23 (3). Non-application (3) This Act does not apply with respect to the following: 1. Persons to whom the Ontario Provincial Police Collective Bargaining Act, 2006 applies. 2. Repealed: 2006, c. 35, Sched. C, s. 23 (4). 3. Architects employed in their professional capacity. 4. Dentists employed in their professional capacity. 5. Lawyers employed in their professional capacity. 6. Physicians employed in their professional capacity. 7. Provincial judges. 8. Persons employed as a labour mediator or labour conciliator. 9. Employees exercising managerial functions or employed in a confidential capacity in relation to labour relations. 10. Persons employed in a minister’s office in a position confidential to …

• PART II APPLICATION OF LABOUR RELATIONS ACT, 1995
• [s3]

  PART II application of labour relations act, 1995

• 2.
• Section Amendments with date in force (d/m/y)
• 2Incorporation of Labour Relations Act, 1995 provisions

  2 (1) Subject to subsection (2) and Part III.1, the Labour Relations Act, 1995 shall be deemed to form part of this Act. 1995, c. 1, s. 14; 2016, c. 37, Sched. 6, s. 1. Modifications (2) This Part sets out modifications to the provisions of the Labour Relations Act, 1995 that apply in the circumstances of this Act. 1995, c. 1, s. 14. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 14 - 10/11/1995 2016, c. 37, Sched. 6, s. 1 - 08/12/2016

• 3.
• 3s. 1 (Interpretation)

  3 (1) Subsections 1 (3), (4) and (5) of the Labour Relations Act, 1995 do not form part of this Act. 1995, c. 1, s. 15 (2). Status of employees (2) A decision made under subsection 1 (4) of the Labour Relations Act, 1995 shall not, directly or indirectly, treat an individual as a Crown employee unless he or she is a Crown employee under this Act. 2006, c. 35, Sched. D, s. 1. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 15 (2) - 10/11/1995 2006, c. 35, Sched. D, s. 1 - 20/12/2006

• 3.1s. 3 (Non-application)

  3.1 Section 3 of the Labour Relations Act, 1995 does not form part of this Act. 1995, c. 1, s. 16. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 16 - 10/11/1995

• 3.2s. 4 (Certain Crown agencies)

  3.2 Section 4 of the Labour Relations Act, 1995 does not form part of this Act. 1995, c. 1, s. 16. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 16 - 10/11/1995

• 4.
• 4s. 40 (Voluntary arbitration)

  4 (1) The operation of section 40 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 17 (1). Appointment of a single arbitrator (2) If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer the matters for arbitration. 1993, c. 38, s. 4 (2). Appointment of a board of arbitration (3) If the parties have agreed to refer matters to a board of arbitration, (a) each party shall, within seven days after the parties agreed to refer the matters for arbitration, appoint a member of the board and inform the other party of the appointee; and (b) the members appointed under clause (a) shall, within five days after the second of them is appointed, appoint a third member who shall be the chair of the board. 1993, c. 38, s. 4 (3). If appointments not made (4) If…

• 5.
• 5s. 43 (First agreement arbitration)

  5 (1) The operation of section 43 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 2018, c. 14, Sched. 2, s. 20 (1). Applicable provisions (2) The following provisions apply, with necessary modifications, with respect to arbitrations under section 43 of the Labour Relations Act, 1995: 1. Subsections 4 (8) (Reference back to arbitrator or board), (9) (Representations on reference back) and (10) (Time limit on reference back). 2. Subsection 4 (11) (No decision to require legislation). 3. Subsections 4 (12) (Scope of arbitration) and (13) (Scope of arbitration, agreement by parties). 4. Subsections 4 (14) and (15) (Collective agreement prepared by arbitrator, etc.). 1993, c. 38, s. 5 (2); 2016, c. 37, Sched. 6, s. 2; 2017, c. 22, Sched. 2, s. 16 (2); 2018, c. 14, Sched. 2, s. 20 (2). Minister’s order: commencement of hearing (3) If the hearing of th…

• 6.
• 6Repealed

  6 Repealed: 1995, c. 1, s. 19. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 19 - 10/11/1995

• 7.
• 7s. 48 (Arbitration provision)

  7 (1) The operation of section 48 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 20 (1). Certain subss. not to apply (2) Subsections 48 (1) to (6) of the Labour Relations Act, 1995 do not form part of this Act. 1995, c. 1, s. 20 (2). Deemed provision relating to arbitration (3) Every collective agreement relating to Crown employees shall be deemed to provide for the final and binding settlement by arbitration by the Grievance Settlement Board, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. 1993, c. 38, s. 7 (3). Restrictions on substituted penalties (4) In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995, the Grievance Se…

• 8.
• 8s. 49 (referral of grievance to single arbitrator)

  8 Section 49 of the Labour Relations Act, 1995 does not form a part of this Act. 1995, c. 1, s. 21. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 21 - 10/11/1995

• 9.
• 10.
• 9s. 50 (Consensual mediation-arbitration)

  9 (1) The operation of section 50 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 22 (1). Appointment of mediator-arbitrator (2) If there is an agreement to refer one or more grievances to a mediator-arbitrator under subsection 50 (1) of the Labour Relations Act, 1995, the mediator-arbitrator shall be a mediator-arbitrator selected by the Crown and the trade union from the roster established under section 47.1. 2017, c. 8, Sched. 6, s. 1. Same (2.1) If the Crown and the trade union fail to agree on the selection of a mediator-arbitrator, the chair of the Grievance Settlement Board shall make the selection. 2017, c. 8, Sched. 6, s. 1. Minister to appoint (3) Subsection 50 (3) of the Labour Relations Act, 1995 does not form part of this Act. 1995, c. 1, s. 22 (3). References to the Minister (4) References to the Minister in subsecti…

• 10s. 69 (Successor rights)

  10 (1) The operation of section 69 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 2006, c. 35, Sched. D, s. 2. Application (2) Section 69 of the Labour Relations Act, 1995 applies with respect to the transfer of an undertaking from one employer to another where the employees of one or both of those employers are Crown employees under this Act. 2006, c. 35, Sched. D, s. 2. References modified (3) Any reference to “sale” or “sells” in section 69 of the Labour Relations Act, 1995 shall be deemed to be a reference to a transfer and any reference to a “business” in that section shall be deemed to be a reference to an undertaking. 2006, c. 35, Sched. D, s. 2. Definitions (4) For the purposes of subsections (2) and (3), “transfer” means a conveyance, disposition or sale and the verb has a corresponding meaning; (“transfert”, “transférer”) “undertaking…

• 11.
• 11Repealed

  11 Repealed: 1995, c. 1, s. 24. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 24 - 10/11/1995

• 12.
• 12Repealed

  12 Repealed: 1995, c. 1, s. 24. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 24 - 10/11/1995

• 13.
• 13Subs. 79 (2) (Limitation on strike or lock-out)

  13 Subject to section 15.1, it is an additional requirement to those in subsection 79 (2) of the Labour Relations Act, 1995 that the employer and the trade union must have an essential services agreement under Part IV before an employee may strike or the employer may lock out an employee. 1993, c. 38, s. 13; 1995, c. 1, s. 25; 2016, c. 37, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 25 - 10/11/1995 2016, c. 37, Sched. 6, s. 3 - 08/12/2016

• 14.
• 14Repealed

  14 Repealed: 1995, c. 1, s. 26. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 26 - 10/11/1995

• 15.
• 15s. 86 (Alteration of working conditions)

  15 (1) The operation of section 86 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 27 (1). Essential services agreement required (2) Subject to section 15.1, it is an additional condition to those in clauses 86 (1) (a) and (2) (a) of the Labour Relations Act, 1995 that there be an essential services agreement between the employer and the trade union before any alteration is allowed under those clauses. 1993, c. 38, s. 15 (2); 1995, c. 1, s. 27 (2); 2016, c. 37, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 27 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 4 - 08/12/2016

• 16.
• 15.1Exception, essential services agreement

  15.1 Sections 13 and 15 do not apply with respect to the Correctional Bargaining Unit described in subsection 22 (2). 2016, c. 37, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 5 - 08/12/2016

• 17.
• 16Subs. 96 (4) (Orders by Board)

  16 (1) The operation of subsection 96 (4) of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 28. No order to require legislation (2) No order of the Board shall include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation. 1993, c. 38, s. 16 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 28 - 10/11/1995

• 18.
• 17s. 103 (Notice of claim for damages, etc.)

  17 (1) The operation of section 103 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 29 (1). Notice not to contain appointee (2) A notice under subsection 103 (1) of the Labour Relations Act, 1995 shall not contain the name of an appointee to an arbitration board. 1993, c. 38, s. 17 (2); 1995, c. 1, s. 29 (2). Arbitration by the Grievance Settlement Board (3) A claim for damages under subsection 103 (1) of the Labour Relations Act, 1995 shall be arbitrated by the Grievance Settlement Board. 1993, c. 38, s. 17 (3); 1995, c. 1, s. 29 (3). Certain subss. not to apply (4) Subsections 103 (2), (3), (4), (6) and (7) of the Labour Relations Act, 1995 do not form part of this Act. 1995, c. 1, s. 29 (4). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 29 (1-4) - 10/11/1995

• 19.
• 18s. 110 (Ontario Labour Relations Board)

  18 (1) The operation of section 110 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 30 (1). Application with respect to essential services (2) In the case of a matter respecting Part IV, the chair of the Board may sit alone or may authorize a vice-chair to sit alone under subsection 110 (14) of the Labour Relations Act, 1995 if, (a) the chair considers it advisable to do so; or (b) the parties consent. 1993, c. 38, s. 18 (2); 1995, c. 1, s. 30 (2). Same (3) The Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings to which Part IV applies. 1993, c. 38, s. 18 (3); 1995, c. 1, s. 30 (3). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 30 (1-3) - 10/11/1995

• 20.
• 19s. 114 (Jurisdiction)

  19 (1) The operation of section 114 of the Labour Relations Act, 1995 is subject to the modifications set out in this section. 1995, c. 1, s. 31 (1). Limitation (2) Despite subsection 114 (2) of the Labour Relations Act, 1995, no person shall be found to be a Crown employee unless he or she is a Crown employee under this Act. 1993, c. 38, s. 19 (2); 1995, c. 1, s. 31 (2); 2006, c. 35, Sched. D, s. 3. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 31 (1, 2) - 10/11/1995 2006, c. 35, Sched. D, s. 3 - 20/12/2006

• 21.
• 20s. 125 (Regulations)

  20 Regulations made under section 125 of the Labour Relations Act, 1995 do not apply with respect to the Grievance Settlement Board. 1993, c. 38, s. 20; 1995, c. 1, s. 32. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 32 - 10/11/1995

• PART III COLLECTIVE BARGAINING
• 21ss. 126 to 168 (Construction industry provisions)

  21 Sections 126 to 168 of the Labour Relations Act, 1995 do not form part of this Act. 1995, c. 1, s. 33. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 33 - 10/11/1995

• 22.
• Section Amendments with date in force (d/m/y) #26
• [s27]

  PART III COLLECTIVE BARGAINING

• 23.
• 22Definition: “designated bargaining unit”

  22 (1) In this Part, “designated bargaining unit” means a bargaining unit referred to in subsection 23 (2) and includes a successor of the bargaining unit. 1993, c. 38, s. 22; 1995, c. 1, s. 34; 2016, c. 37, Sched. 6, s. 6 (1). Definitions: bargaining units (2) In this Part and Part III.1, “Correctional Bargaining Unit” means the bargaining unit that was formerly Unit II — Corrections Bargaining Unit, as set out in Order in Council 243/94 and as modified from time to time by the collective agreement that applies to the members of the unit; (“Unité de négociation des services correctionnels”) “Engineer Bargaining Unit” means the bargaining unit as set out in the collective agreement that applies to the members of the unit; (“Unité de négociation des ingénieurs”) “Fourth Bargaining Unit” means the bargaining unit that was formerly Unit VII — Seventh Bargaining Unit, as set out in Order in …

• 24.
• 23Bargaining units

  23 (1) All public servants appointed under section 32 of the Public Service of Ontario Act, 2006 and not excluded from the application of this Act under subsection 1.1 (3) of this Act shall be in one of the designated bargaining units set out in subsection (2) of this section. 2016, c. 37, Sched. 6, s. 7. Same (2) The following are designated bargaining units for the purposes of this Act: 1. Unified Bargaining Unit. 2. Correctional Bargaining Unit. 3. Engineer Bargaining Unit. 4. Fourth Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Applicable collective agreement (3) The collective agreement that applied with respect to a member of a designated bargaining unit set out in subsection (2) on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force continues to apply with respect to him or her until it expires. 2016, c…

• 25.
• 24Bargaining agent, OPSEU

  24 (1) The Ontario Public Service Employees Union continues as the bargaining agent representing the employees in the Unified Bargaining Unit and the Correctional Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Bargaining agent, AMAPCEO (2) The Association of Management, Administrative and Professional Crown Employees of Ontario continues as the bargaining agent representing the employees in the Fourth Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Bargaining agent, PEGO (3) The Professional Engineers Government of Ontario continues as the bargaining agent representing the employees in the Engineer Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Effect of continuation (4) Subject to subsections (5) and (7), the bargaining agents described in subsections (1) to (3) represent the employees in the applicable bargaining units until they cease, under this Act or the Labour Relations Act, 1995, to …

• 26.
• 25Term of agreements

  25 Unless the parties agree otherwise, every collective agreement respecting employees in the designated bargaining units set out in subsection 23 (2) shall provide that it is effective for a term of at least two years. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 37 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 27.
• 26Non-application of s. 43 of the LRA

  26 Section 43 of the Labour Relations Act, 1995 does not apply in respect of the next collective agreement for a designated bargaining unit referred to in subsection 23 (2) that is made following the expiry of a collective agreement referred to in subsection 23 (3) or (4). 2016, c. 37, Sched. 6, s. 7; 2017, c. 22, Sched. 2, s. 16 (6); 2018, c. 14, Sched. 2, s. 20 (6). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016 2017, c. 22, Sched. 2, s. 16 (6) - 01/01/2018 2018, c. 14, Sched. 2, s. 20 (6) - 21/11/2018

• 28.
• [s33]

  PART III.1 interest arbitration — Correctional Bargaining unit

• 29.
• 27Application

  27 This Part applies in respect of the bargaining of collective agreements for the Correctional Bargaining Unit. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• PART IV ESSENTIAL SERVICES
• 28Notice of no collective agreement

  28 If a conciliation officer appointed under section 18 of the Labour Relations Act, 1995 is unable to effect a collective agreement for the Correctional Bargaining Unit within the time allowed under section 20 of that Act, the following rules apply: 1. The Minister shall forthwith by notice in writing inform each of the parties that the conciliation officer has been unable to effect a collective agreement. 2. Sections 19 and 21 of the Labour Relations Act, 1995 do not apply. 3. The matters in dispute between the parties shall be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 38 (1, 2) - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 30.
• Section Amendments with date in force (d/m/y) #35
• 29Arbitration

  29 Within seven days after the day on which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the parties shall agree to refer matters to a single arbitrator or to a board of arbitration. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 39 - 10/11/1995 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 31.
• 29.1Appointment of a single arbitrator

  29.1 (1) If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer matters to a single arbitrator. 2016, c. 37, Sched. 6, s. 7. Single arbitrator’s powers (2) The person so appointed 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. 2016, c. 37, Sched. 6, s. 7. 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. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 32.
• 29.2Appointment of board of arbitration

  29.2 (1) If the parties have agreed to refer matters to a board of arbitration, (a) each party shall, within seven days after the parties agreed to refer matters to a board of arbitration, appoint a member of the board and inform the other party of the appointee; and (b) the members appointed under clause (a) shall, within five days after the second of them is appointed, appoint a third member who shall be the chair of the board. 2016, c. 37, Sched. 6, s. 7. Extension (2) The parties by a mutual agreement in writing may extend the period of seven days mentioned in clause (1) (a) for one further period of seven days. 2016, c. 37, Sched. 6, s. 7. Notice of appointment by party (3) 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. 2016, c. 37, Sched. 6, s. 7. No…

• 33.
• 29.3If appointment not made

  29.3 (1) If an appointment is not made as required under subsection 29.1 (1) or 29.2 (1), the Minister may make the appointment and the Minister must do so on the request of a party. 2016, c. 37, Sched. 6, s. 7. Vacancies (2) 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. 2016, c. 37, Sched. 6, s. 7. Replacement of member (3) 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 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a member in his or her place after consulting the p…

• 34.
• 29.4Selection of method

  29.4 (1) If the chair of the board of arbitration was appointed under subsection 29.1 (1) or clause 29.2 (1) (b), the parties shall select the method of arbitration. 2016, c. 37, Sched. 6, s. 7. Failure to select (2) The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration. 2016, c. 37, Sched. 6, s. 7. Selection of method (3) If the chair of the board of arbitration was appointed by the Minister, subject to subsections (4) to (6), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection. 2016, c. 37, Sched. 6, s. 7. Same, mediation-arbitration (4) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate. 2016, c. 37, Sched. 6, s. 7. Same, final offer selection (5) The method selected shall not b…

• 35.
• 29.5Time and place of hearings

  29.5 (1) Subject to subsection (2), the chair of the board of arbitration shall fix the time and place of the first or any subsequent hearing and shall give notice thereof to the Minister and the Minister shall notify the parties and the members of the board of arbitration thereof. 2016, c. 37, Sched. 6, s. 7. When hearings commence (2) The board of arbitration shall hold the first hearing within 30 days after the last or only member of the board is appointed. 2016, c. 37, Sched. 6, s. 7. Exception (3) If the method of arbitration selected by the Minister under subsection 29.4 (3) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (2) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation. 2016, c. 37, Sched. 6, s. 7. Failure of member to attend (4) Where …

• 36.
• 29.6Appointment or proceedings of board not subject to review

  29.6 Where a person has been appointed as a single arbitrator or the three members have been appointed to a board of arbitration, it shall be presumed conclusively that the board has been established in accordance with this Part and no application shall be made, taken or heard for judicial review or to question the establishment of the board or the appointment of the member or members, or to review, prohibit or restrain any of its proceedings. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 37.
• 29.7Duty of board

  29.7 (1) The board of arbitration shall examine into and decide on matters that are in dispute and any other matters that appear to the board necessary to be decided in order to conclude a collective agreement between the parties, but the board shall not decide any matters that come within the jurisdiction of the Ontario Labour Relations Board. 2016, c. 37, Sched. 6, s. 7. Criteria (2) In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria: 1. The employer’s ability to pay in light of its 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 sec…

• 38.
• 29.8Reference back to board

  29.8 (1) The board of arbitration may, upon application by a party within 10 days after the release of a decision, amend, alter or vary the decision where it is shown to the satisfaction of the board that they failed to deal with any matter in dispute referred to them or that an error is apparent on the face of the decision. 2016, c. 37, Sched. 6, s. 7. Representations on reference back (2) Before amending, altering or varying a decision on an application under subsection (1), the board shall give the parties an opportunity to make representations on the application. 2016, c. 37, Sched. 6, s. 7. Time limit on reference back (3) A decision may be amended, altered or varied on an application under subsection (1) only within 20 days after the application is made. 2016, c. 37, Sched. 6, s. 7. No decision to require legislation (4) In making a decision, the board of arbitration shall not incl…

• 39.
• 29.9Where agreement reached

  29.9 (1) Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement under the Labour Relations Act, 1995. 2016, c. 37, Sched. 6, s. 7. Failure to make agreement (2) If the parties fail to put the terms of all the matters agreed upon by them in writing or if, having put the terms of their agreement in writing, either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement and it shall instead be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 6, s. 7. Decision of board (3) Where, during the bargaining under this Act or during t…

• 40.
• 29.10Execution of agreement

  29.10 (1) Within five days after the date of the decision of the board of arbitration or such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the board and any agreement of the parties, and the document thereupon constitutes a collective agreement. 2016, c. 37, Sched. 6, s. 7. Preparation of agreement by board (2) If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties within the period mentioned in subsection (1), the parties or either of them shall notify the chair of the board in writing forthwith, and the board shall prepare a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties and submit the document to the …

• 41.
• 29.11Remuneration and expenses

  29.11 The remuneration and expenses of the members of the board of arbitration shall be paid as follows: 1. If a single arbitrator is appointed, each party shall pay one-half of the remuneration and expenses of the arbitrator. 2. If a board of arbitration is appointed, each party shall pay the remuneration and expenses of the member appointed by or on behalf of the party and one-half of the remuneration and expenses of the chair. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 29.12Strikes and lock-outs prohibited

  29.12 Despite anything in the Labour Relations Act, 1995, employees to whom this Part applies shall not strike and the employer shall not lock them out. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 42.
• 29.13Timeliness of representation applications

  29.13 (1) Despite section 67 of the Labour Relations Act, 1995, where a trade union that has been certified as the bargaining agent for the Correctional Bargaining Unit has given notice to the employer of employees who are members of that unit under section 16 of that Act and the Minister has appointed a conciliation officer, an application for a declaration that the trade union no longer represents the employees in the bargaining unit determined in the certificate may be made only in accordance with subsection 63 (2) of the Labour Relations Act, 1995. 2016, c. 37, Sched. 6, s. 7. Same (2) Subject to subsection (3) and despite section 67 of the Labour Relations Act, 1995, where notice has been given under section 59 of the Labour Relations Act, 1995 by or to a trade union that is the bargaining agent for the Correctional Bargaining Unit to or by the employer of employees who are members …

• 43.
• 29.14Working conditions may not be altered

  29.14 Despite subsection 86 (1) of the Labour Relations Act, 1995, if notice has been given under section 16 or 59 of that Act and no collective agreement is in operation, (a) the employer shall not, except with the consent of the bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees; and (b) the bargaining agent shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the employees. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 44.
• 29.15Filing of decisions

  29.15 Every chair of a board of arbitration shall file a copy of every decision of the board with the Minister. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• 45.
• 29.16Delegation

  29.16 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. 2016, c. 37, Sched. 6, s. 7. Proof of appointment (2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 2016, c. 37, Sched. 6, s. 7. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 7 - 08/12/2016

• PART V GRIEVANCE SETTLEMENT BOARD
• 29.17Regulations

  29.17 (1) The Minister may make regulations for the purposes of this Part, (a) providing for and regulating the engagement of experts, investigators and other assistants by boards of arbitration; (b) providing for and fixing the remuneration and expenses of chairs and other members of boards of arbitration; (c) prescribing rules of practice and procedure; (d) prescribing forms and providing for their use; (e) addressing any issue related to the application of any provision of the Labour Relations Act, 1995 that arises as a result of, (i) a collective agreement being executed within 90 days of its expiry, (ii) a collective agreement being executed after the period during which that agreement applies has expired, or (iii) the interaction between subsection 24 (7) of this Act and section 7 or subsection 63 (2) of the Labour Relations Act, 1995; (f) respecting any matter necessary or advisab…

• 46.
• Section Amendments with date in force (d/m/y) #53
• [s54]

  PART IV ESSENTIAL SERVICES

• 47.
• 30Definitions

  30 In this Part, “essential services” means services that are necessary to enable the employer to prevent, (a) danger to life, health or safety, (b) the destruction or serious deterioration of machinery, equipment or premises, (c) serious environmental damage, or (d) disruption of the administration of the courts or of legislative drafting; (“services essentiels”) “essential services agreement” means an agreement between the employer and trade union that applies during a strike or lock-out and that has, (a) an essential services part that provides for the use, during a strike or lock-out, of employees in the bargaining unit to provide essential services, and (b) an emergency services part that provides for the use, during a strike or lock-out, of employees in the bargaining unit, in addition to those referred to in clause (a), in emergencies. (“entente sur les services essentiels”) 1993,…

• 48.
• 30.1Non-application, Correctional Bargaining Unit

  30.1 This Part does not apply to the Correctional Bargaining Unit described in subsection 22 (2). 2016, c. 37, Sched. 6, s. 8. Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 6, s. 8 - 08/12/2016

• 31Essential services agreements required

  31 (1) An employer of Crown employees and a trade union representing Crown employees who have or are negotiating a collective agreement shall make an essential services agreement. 1993, c. 38, s. 31 (1). Duty to bargain (2) The employer and the trade union shall bargain in good faith and make every reasonable effort to make an essential services agreement. 1993, c. 38, s. 31 (2).

• 49.
• 32Essential services part

  32 (1) The essential services part of an essential services agreement must include provisions that, (a) identify the essential services; (b) set out how many employees in the bargaining unit from what employee positions are necessary to enable the employer to provide the essential services; and (c) identify the employees who the employer and trade union have agreed will be required during a strike or lock-out to work to the extent necessary to enable the employer to provide the essential services. 1993, c. 38, s. 32 (1). Same (2) For the purposes of clause (1) (b), the number of employees in the bargaining unit that are necessary to provide the essential services shall be determined without regard to the availability of other persons to provide essential services. 1995, c. 1, s. 40. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 40 - 10/11/1995

• 50.
• 33When parties must begin negotiations

  33 (1) An employer and trade union who do not have an essential services agreement shall begin to negotiate one, (a) if they have a collective agreement, at least 180 days before the agreement ceases to operate; or (b) if a notice under section 16 of the Labour Relations Act, 1995 has been given, within fifteen days of the giving of that notice. 1993, c. 38, s. 33 (1); 1995, c. 1, s. 41. Same (2) An employer and trade union may begin to negotiate at a time later than that required under subsection (1) if they agree to do so. 1993, c. 38, s. 33 (2). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 41 - 10/11/1995

• 51.
• 34Agenda of negotiation, essential services part

  34 In negotiating the essential services part of an essential services agreement, the employer and trade union shall negotiate with respect to the following issues in the following order: 1. What types of services are essential services. 2. What levels of the types of essential services are necessary to prevent, i. danger to life, health or safety, ii. the destruction or serious deterioration of machinery, equipment or premises, iii. serious environmental damage, or iv. disruption of the administration of the courts or of legislative drafting. 3. What employee positions are necessary to enable the employer to provide the types of essential services at the necessary levels. 4. How many employees in the bargaining unit, in employee positions referred to in paragraph 3, are necessary to enable the employer to provide the essential services at the necessary levels. 5. Which employees will be…

• PART VI MISCELLANEOUS
• [s61]
• 35Appointment of conciliation officer

  35 (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 services agreement. 1993, c. 38, s. 35. Non-disclosure and non-compellability (2) 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. 2. Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 2 - 26/11/2002

• Section Amendments with date in force (d/m/y) #61
• [s62]
• 36Application to the Board

  36 (1) On application by the employer or trade union, the Ontario Labour Relations Board shall determine any matters that the parties have not resolved and in doing so the Board may, (a) determine any matters to be included in an essential services agreement between the parties; (b) order that terms specified by the Board be deemed to be part of an essential services agreement between the parties; (c) order that the parties be deemed to have entered into an essential services agreement; and (d) give any other such directions as the Board considers appropriate. 1993, c. 38, s. 36 (1). Same (2) The Board may consult with the parties to resolve any matter raised by the application or may inquire into any matter raised by the application, or may do both. 1993, c. 38, s. 36 (2). Orders after consultation (3) The Board may make any interim or final order it considers appropriate after consulti…

• 52.
• [s63]
• 37Duration of an essential services agreement

  37 (1) An essential services agreement continues until terminated by a party to the agreement. 1993, c. 38, s. 37 (1). When termination possible (2) A party may terminate an essential services agreement only if the parties have a collective agreement and there are at least 190 days left in the term of the collective agreement. 1993, c. 38, s. 37 (2). Method of termination (3) A party may terminate an essential services agreement by giving the other party written notice. 1993, c. 38, s. 37 (3).

• 38Enforcement of essential services agreement

  38 (1) A party to an essential services agreement may apply to the Board to enforce it. 1995, c. 1, s. 42. Amendment of agreement (2) A party to an agreement may apply to the Board to amend it, (a) if the agreement does not provide for services that are essential services; (b) if it provides for levels of service that are greater or less than required to provide the essential services; or (c) if it provides for too many or too few employees in the bargaining unit to provide the essential services. 1995, c. 1, s. 42. Order (3) On an application under this section, the Board may enforce the agreement or amend it and may make such other orders as it considers appropriate in the circumstances. 1995, c. 1, s. 42. Same (4) Subsection 32 (2) applies with necessary modifications when the Board is deciding an application under subsection (2). 1995, c. 1, s. 42. Section Amendments with date in for…

• 53.
• Section Amendments with date in force (d/m/y) #64
• 39Burden of proof

  39 (1) In an application or complaint relating to this Part, the burden of proof that services are essential services lies upon the party alleging that they are. 1993, c. 38, s. 39 (1). Same (2) In an application or complaint relating to this Part, the burden of proof that circumstances constitute or would constitute an emergency lies upon the party alleging it. 1993, c. 38, s. 39 (2).

• 54.
• 40Use of employees, essential services

  40 (1) During a strike or lock-out, the employer is entitled to use, to provide essential services, such employees in the bargaining unit as are necessary as provided in the essential services part of the essential services agreement. 1993, c. 38, s. 40 (1). Notification of employees (2) The employer shall notify the employees who, under the essential services part of the essential services agreement, the employer is entitled to use under subsection (1) during a strike or lock-out. 1993, c. 38, s. 40 (2). Limitation on strike, lock-out rights (3) Employees who have been notified by the employer or trade union that the employer is entitled to use them under subsection (1) may not strike and may not be locked out. 1993, c. 38, s. 40 (3). (4) Repealed: 1995, c. 1, s. 43. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 43 - 10/11/1995

• 55.
• 41Use of employees, emergency services

  41 (1) In an emergency during a strike or lock-out, the employer is entitled to use such employees as the emergency services part of the essential services agreement provides for. 1993, c. 38, s. 41 (1). Limitation on strike rights (2) Employees who have been notified that the employer is entitled to use them under subsection (1) and wishes to do so may not strike while the employer is so entitled and so wishes. 1993, c. 38, s. 41 (2). (3) Repealed: 1995, c. 1, s. 44. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 44 - 10/11/1995

• 56.
• 41.1Use of other persons

  41.1 (1) An essential services agreement shall not directly or indirectly prevent the employer from using a person to perform any work during a strike or lock-out. 1995, c. 1, s. 45. Same (2) A provision in an essential services agreement that conflicts with subsection (1) is void. 1995, c. 1, s. 45. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 45 - 10/11/1995

• 57.
• 42Application re meaningful bargaining

  42 (1) A party to an essential services agreement may apply to the Ontario Labour Relations Board for a declaration that the agreement has prevented meaningful collective bargaining. 1995, c. 1, s. 46. Restriction (2) No application may be made until employees in the bargaining unit have been on strike or locked out for at least 10 days. 1995, c. 1, s. 46. Same (3) The Board shall consider whether sufficient time has elapsed in the dispute between the parties to permit it to determine whether meaningful collective bargaining has been prevented. 1995, c. 1, s. 46. Deferred decision (4) The Board may defer making a decision on the application until such time as it considers appropriate. 1995, c. 1, s. 46. Factor to be considered (5) In deciding whether to make the declaration, the Board shall consider only whether meaningful collective bargaining is prevented because of the number of perso…

• 58.
• 43Repealed

  43 Repealed: 1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995

• 59.
• 44Repealed

  44 Repealed: 1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995

• 60.
• 45Repealed

  45 Repealed: 1995, c. 1, s. 47. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 47 - 10/11/1995

• 61.
• [s73]

  PART V GRIEVANCE SETTLEMENT BOARD

• 62.-71.
• 46Grievance Settlement Board

  46 The Grievance Settlement Board is continued. 1993, c. 38, s. 46.

• 72.
• 47Composition and administration of Board

  47 (1) The Grievance Settlement Board shall be composed of the chair and an alternate chair. 2017, c. 8, Sched. 6, s. 2; 2017, c. 34, Sched. 11, s. 1 (1). Appointment to Board (2) The Lieutenant Governor in Council shall appoint as the chair and alternate chair the persons who are selected for the positions by agreement of the Crown and the trade unions representing Crown employees or, failing such agreement, the Lieutenant Governor in Council shall select the persons to be appointed. 2017, c. 8, Sched. 6, s. 2; 2017, c. 34, Sched. 11, s. 1 (2). Resignation of chair (3) If the chair resigns or his or her appointment expires, the new chair may authorize the former chair to complete his or her duties or responsibilities and exercise the powers of the chair in connection with any matter before the Grievance Settlement Board in which the former chair was participating. 2017, c. 8, Sched. 6, …

• 73.
• 47 #76Composition and administration of Board
• 47.1Roster of mediator-arbitrators

  47.1 (1) The chair of the Grievance Settlement Board shall establish and maintain a roster of mediator-arbitrators who may be selected for the purpose of determining matters before the Board. 2017, c. 8, Sched. 6, s. 2. Joint agreement re numbers (2) The number of mediator-arbitrators on the roster shall be determined by the Crown and the trade unions. If the Crown and the trade unions fail to agree, or fail to continue to agree, the chair of the Grievance Settlement Board shall determine the number of mediator-arbitrators on the roster. 2017, c. 8, Sched. 6, s. 2. Joint agreement re selection of mediator-arbitrators (3) The persons to be assigned to the roster of mediator-arbitrators shall be selected by the Crown and the trade unions. If the Crown and the trade unions fail to agree, the chair of the Grievance Settlement Board shall select the persons to be assigned. 2017, c. 8, Sched. …

• 47.2Mediation

  47.2 (1) If the Crown and the trade union have agreed to refer a matter to mediation, they may, by agreement, select as a mediator the chair of the Grievance Settlement Board, a mediator-arbitrator selected from the roster of mediator-arbitrators established under section 47.1, or any other person. 2017, c. 8, Sched. 6, s. 2. Same (2) Where the chair of the Grievance Settlement Board, or a mediator-arbitrator selected from the roster of mediator-arbitrators, is selected to determine a matter, the chair or mediator-arbitrator may engage in mediation as part of the process. 2017, c. 8, Sched. 6, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 2 - 01/07/2017

• 48Practice and procedure

  48 (1) Subject to the specific requirements in this Part and to any requirements in the Labour Relations Act, 1995, the Grievance Settlement Board shall determine its own practice and procedure but shall give full opportunity to the parties to any proceeding to present their evidence and to make their submissions. 1993, c. 38, s. 48 (1); 1995, c. 1, s. 48. Rules (2) The Grievance Settlement Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable. 1993, c. 38, s. 48 (2). Rules not regulations (3) Rules made under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1993, c. 38, s. 48 (3); 2006, c. 21, Sched. F, s. 136 (1). Section Amendments with date in force (d/m/y) 1995, c. 1, s. 48 - 10/11/1995 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007

• 48.1Criminal conviction or discharge considered conclusive evidence

  48.1 (1) If a Crown employee is convicted or discharged of an offence under the Criminal Code (Canada) in respect of an act or omission that results in discipline or dismissal and the discipline or dismissal becomes the subject-matter of a grievance before the Grievance Settlement Board, proof of the employee’s conviction or discharge shall, after the time for an appeal has expired or, if an appeal was taken, it was dismissed and no further appeal is available, be taken by the Grievance Settlement Board as conclusive evidence that the employee committed the act or omission. 2001, c. 7, s. 18. Adjournment pending appeal to be granted (2) If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Grievance Settlement Board shall grant the adjournment. 2001, c. 7, s. 18. Section Amendments with date in force (d/m/y) 2001, …

• 49Determination of matters before Board

  49 (1) Subject to subsection (2), a matter to be determined by the Grievance Settlement Board shall be determined by either, (a) a mediator-arbitrator jointly selected by the parties from the roster established under section 47.1; or (b) the chair of the Grievance Settlement Board, if an agreement has been made under section 50 that the matter is to be determined by the chair and the chair agrees to determine the matter. 2017, c. 8, Sched. 6, s. 3. Matter to be determined by panel (2) If the Crown and the trade union agree, a matter to be determined by the Grievance Settlement Board shall be determined by a panel of three persons, which shall be composed of, (a) one person chosen by the Crown from the roster established under section 47.1; (b) one person chosen by the trade union from the roster; and (c) either, (i) a mediator-arbitrator jointly selected by the parties from the roster, o…

• [s81]
• 50Agreement between the parties

  50 (1) An employer and trade union may make an agreement relating to matters that may be determined by the Grievance Settlement Board that provides for, (a) the selection of the mediator-arbitrators from the roster established under section 47.1 who will determine matters before the Board; (b) certain matters to be determined by the chair of the Grievance Settlement Board, if the chair consents to the agreement; and (c) time limits within which hearings of certain matters must commence. 1993, c. 38, s. 50 (1); 2017, c. 8, Sched. 6, s. 4. Same (1.1) An employer and trade union may make an agreement as to the sequence in which the Grievance Settlement Board shall consider outstanding matters in which the employer and trade union have an interest. 1995, c. 1, s. 49 (1). Effect of agreement (2) Upon receiving notice of an agreement from a party, the Grievance Settlement Board shall give effe…

• [s82]
• 49 #82Determination of matters before Board
• 51Classification grievances, restriction

  51 (1) An order of the Grievance Settlement Board shall not require the creation of a new classification of employees or the alteration of an existing classification. 1993, c. 38, s. 51. Same (2) An order of the Grievance Settlement Board shall not require a change to be made in the classification of an employee. 1995, c. 1, s. 50. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 50 - 10/11/1995

• 51.1Policies, procedures and directives

  51.1 Sections 9, 47, 47.1, 47.2, 49 and 50 prevail over the Management Board of Cabinet Procurement Directive issued under the Management Board of Cabinet Act. 2017, c. 8, Sched. 6, s. 5. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 6, s. 5 - 01/07/2017

• [s84]
• 51.2Transition; continuation of proceedings and appointments

  51.2 (1) A matter that was assigned to the chair, a vice-chair or members of the Grievance Settlement Board under this Act, as it read on the day before section 5 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017 came into force, but was not disposed of on or before that day, shall be continued as provided for by this Act, as it read on that day, and is not terminated because of, or otherwise affected by, amendments to this Act that occurred after that day. 2017, c. 8, Sched. 6, s. 5. Existing appointments continued (2) The chair, vice-chairs and members of the Grievance Settlement Board, as it was constituted on the day before section 5 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017 came into force, continue to hold office and to have the duties or responsibilities and exercise the powers of their office until, (a) the revocation …

• [s85]

  PART VI MISCELLANEOUS

• [s86]

  General

• [s87]
• 52Classification issues

  52 (1) A provision in an agreement entered into that provides for the determination by an arbitrator, a board of arbitration or another tribunal of any of the following matters is void: 1. A classification system of employees, including creating a new classification system or amending an existing classification system. 2. The classification of an employee, including changing an employee’s classification. 1995, c. 1, s. 51. Same (2) Subsection (1) applies to agreements entered into before or after the date on which the Labour Relations and Employment Statute Law Amendment Act, 1995 receives Royal Assent. 1995, c. 1, s. 51. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 51 - 10/11/1995

• [s88]

  Transitional Provisions

• 53Definitions

  53 In sections 54 to 60, “Labour Relations Act” means the Labour Relations Act as it read immediately before subsection 1 (2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force; (“Loi sur les relations de travail”) “old Act” means the Crown Employees Collective Bargaining Act, being Chapter C.50 of the Revised Statutes of Ontario, 1990. (“ancienne loi”) 1995, c. 1, s. 52. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 52 - 10/11/1995

• [s90]
• 54Bargaining units

  54 (1) A unit of employees that was a bargaining unit under the old Act immediately before the repeal of that Act is an appropriate bargaining unit for the purposes of the Labour Relations Act or this Act until the description of the bargaining unit is altered under the Labour Relations Act or this Act. 1993, c. 38, s. 54 (1); 1995, c. 1, s. 53 (1). Changes (2) Despite this Act and the Labour Relations Act, the description of a bargaining unit referred to in subsection (1) cannot be altered until after a collective agreement is made following the coming into force of this section. 1993, c. 38, s. 54 (2); 1995, c. 1, s. 53 (2). Exception (3) This section does not apply with respect to a bargaining unit that was continued by section 23 as it read on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force. 2016, c. 3…

• 55Bargaining agents

  55 A bargaining agent that, immediately before the repeal of the old Act, represented employees in a bargaining unit to which section 54 applies continues to represent them until it ceases to do so under this Act. 1995, c. 1, s. 54. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 54 - 10/11/1995

• 56Repealed

  56 Repealed: 2016, c. 37, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 55 (1-3) - 10/11/1995 2016, c. 37, Sched. 6, s. 10 - 08/12/2016

• 57Repealed

  57 Repealed: 2016, c. 37, Sched. 6, s. 10. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 56 - 10/11/1995 2016, c. 37, Sched. 6, s. 10 - 08/12/2016

• 58Repealed

  58 Repealed: 1995, c. 1, s. 57. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 57 - 10/11/1995

• 59Ontario Public Service Labour Relations Tribunal

  59 (1) In this section, “Tribunal” means the Ontario Public Service Labour Relations Tribunal. 1993, c. 38, s. 59 (1). Tribunal continued (2) The Tribunal is continued for the purposes of disposing of any matters in respect of which an application was made to the Tribunal before the repeal of the old Act. 1993, c. 38, s. 59 (2). Dissolution of Tribunal (3) The Tribunal is dissolved on the day it disposes of the last of the matters referred to in subsection (2) or on a later day named by proclamation of the Lieutenant Governor. 1993, c. 38, s. 59 (3). Old Act continues to apply (4) Despite its repeal, the provisions of the old Act that relate to the Tribunal continue to apply with respect to the Tribunal and to the matters before it until the Tribunal is dissolved. 1993, c. 38, s. 59 (4). Reconsideration (5) While the Tribunal is continued, it may reconsider anything under section 39 of t…

• 60Grievance Settlement Board

  60 (1) Section 51, as it read immediately before section 59 of the Labour Relations and Employment Statute Law Amendment Act, 1995 came into force, applies with respect to all matters referred for arbitration to the Grievance Settlement Board after June 14, 1993 and before the day on which that section came into force. 1995, c. 1, s. 59. Same (1.1) Section 51 applies with respect to all matters referred for arbitration to the Grievance Settlement Board on and after the day on which section 59 of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force. 1995, c. 1, s. 59. Effect of reductions in size (2) No reduction in the number of vice-chairs or members of the Grievance Settlement Board shall have any effect on a term of a vice-chair or a member if that term began before the repeal of the old Act. 1993, c. 38, s. 60 (2). Section Amendments with date in force…

• 61Repealed

  61 Repealed: 1995, c. 1, s. 60. Section Amendments with date in force (d/m/y) 1995, c. 1, s. 60 - 10/11/1995

• 62-71

  62-71 Omitted (amends or repeals other Acts). 1993, c. 38, ss. 62-71.

• 72

  72 Omitted (provides for coming into force of provisions of this Act). 1993, c. 38, s. 72.

• 62.-71
• 73

  73 Omitted (enacts short title of this Act). 1993, c. 38, s. 73. ______________