Public Sector Labour Relations Transition Act, 1997

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Sections128

• [s0]

  Interpretation

• 1.
• 1Purposes

  1 The following are the purposes of this Act: 1. To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers. 2. To facilitate the establishment of effective and rationalized bargaining unit structures in restructured broader public sector organizations. 3. To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees following restructuring in the broader public sector and in other specified circumstances. 4. To foster the prompt resolution of workplace disputes arising from restructuring. 1997, c. 21, Sched. B, s. 1.

• 2.
• [s2]
• 2Definitions

  2 In this Act, “Board” means the Ontario Labour Relations Board; (“Commission”) “business” includes a part or parts thereof and an undertaking within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993; (“entreprise”) “composite agreement” means the collective agreement that is deemed to exist under subsection 24 (5); (“convention mixte”) “hospital” means a hospital as defined in section 1 of the Public Hospitals Act, a private hospital operating under a licence issued under the Private Hospitals Act, a psychiatric facility listed in Schedule 1 to Regulation 741 of the Revised Regulations of Ontario, 1990 (“Application of Act”) made under the Mental Health Act and the Alcoholism and Drug Addiction Research Foundation; (“hôpital”) “local board” means a local board as defined in section 1 of the Municipal Affairs Act but does not include a school board o…

• [s3]

  Application

• 3.
• Section Amendments with date in force (d/m/y)
• 3Municipal sector

  3 (1) This Act applies upon, (a) the amalgamation of two or more municipalities or two or more local boards; (b) the dissolution of two or more municipalities and the incorporation of their inhabitants into a new municipality; (c) the dissolution of two or more local boards and the establishment of a new local board that assumes the powers and authority of the dissolved local boards; or (d) the dissolution of an upper-tier municipality if, as part of that restructuring, two or more municipalities that form part of the upper-tier municipality for municipal purposes are amalgamated or are dissolved and their inhabitants incorporated into a new municipality. 1997, c. 21, Sched. B, s. 3 (1); 2006, c. 4, s. 42 (2). Predecessor and successor employers (2) Subject to subsection (2.1), for the purposes of this Act, (a) the municipalities or local boards that are amalgamated and the municipalitie…

• 4.
• 4New City of Toronto

  4 (1) In this section and sections 5 and 6, “City of Toronto Act, 1997” means that Act as it read on the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006; (“Loi de 1997 sur la cité de Toronto”) “local board” means local board as defined in section 1 of the City of Toronto Act, 1997 but does not include a police service board; (“conseil local”) “new City of Toronto” or “new city” means the City of Toronto incorporated by the City of Toronto Act, 1997; (“nouvelle cité de Toronto”, “nouvelle cité”) “old municipalities” means old municipalities as defined in section 1 of the City of Toronto Act, 1997. (“anciennes municipalités”) 1997, c. 21, Sched. B, s. 4 (1); 2006, c. 32, Sched. C, s. 54; 2019, c. 1, Sched. 4, s. 51 (2). Application to new city (2) This Act applies upon the incorporation of the new City of Toronto. 1997, c. 21, Sched. B, s. 4 (2). Pred…

• 5.
• 5Local boards of the new city

  5 (1) This Act applies upon the establishment of a local board of the new City of Toronto to which the employees of one or more local boards of the old municipalities are transferred during the transitional period. Predecessor and successor employers (2) For the purposes of this Act, the local boards of the old municipalities are the predecessor employers and the local board of the new city is the successor employer. Changeover date (3) For the purposes of this Act, the changeover date is the earliest date on which employees are transferred to the local board of the new city. 1997, c. 21, Sched. B, s. 5.

• 6.
• 6New Toronto Hydro-Electric Commission

  6 (1) This Act applies upon the establishment of the Toronto Hydro-Electric Commission under section 9 of the City of Toronto Act, 1997. Predecessor and successor employers (2) For the purposes of this Act, the predecessor employers are the public utilities commissions dissolved under subsection 28 (3) of the City of Toronto Act, 1997 and the new Commission is the successor employer. Changeover date (3) For the purposes of this Act, the changeover date is January 1, 1998. 1997, c. 21, Sched. B, s. 6.

• 7.
• 7School sector

  7 (1) This Act applies upon the assumption by a district school board of the jurisdiction of two or more old boards or of the minority language section of two or more old boards. Predecessor and successor employers (2) For the purposes of this Act, the old boards are the predecessor employers and the district school board is the successor employer. 1997, c. 21, Sched. B, s. 7 (1, 2). Limitation on application (3) This Act does not apply in respect of members of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014. 1997, c. 31, s. 168 (1); 2014, c. 5, s. 53. Changeover date (4) For the purposes of this Act, the changeover date is January 1, 1998. 1997, c. 21, Sched. B, s. 7 (4). Interpretation (5) The terms relating to education that are used in this section have the same meaning as in the Education Act. 1997, c. 31, s. 168 (2). Section Amend…

• 8.
• 8.0.1Amalgamation into Service Organization

  8.0.1 (1) In this section, “predecessor corporations” has the same meaning as in Part III.1 of the Connecting Care Act, 2019; (“personnes morales remplacées”) “Service Organization” has the same meaning as in the Connecting Care Act, 2019. (“Organisme de services”) 2023, c. 19, s. 25 (1). Application (2) This Act applies upon the amalgamation of the predecessor corporations into the Service Organization under Part III.1 of the Connecting Care Act, 2019. 2023, c. 19, s. 25 (1). Predecessor and successor employers (3) For the purposes of this Act, the predecessor corporations are the predecessor employers and the Service Organization is the successor employer. 2023, c. 19, s. 25 (1). Changeover date (4) For the purposes of this Act, the changeover date is the day that section 9 of the Convenient Care at Home Act, 2023 comes into force. 2023, c. 19, s. 25 (1). Section Amendments with date i…

• 9.
• 10.
• 8Health service providers

  8 (1) This Act applies upon, (a) the amalgamation of two or more health service providers; and (b) the transfer of all, or substantially all, of the assets of one health service provider to another health service provider. 2019, c. 7, Sched. 53, s. 2. Predecessor and successor employers (2) For the purposes of this Act, (a) for the event described in clause (1) (a), the health service providers that are amalgamated are the predecessor employers and the health service provider that exists when the amalgamation takes effect is the successor employer; and (b) for the event described in clause (1) (b), the health service provider from which the assets are transferred is the predecessor employer and the health service provider to which the assets are transferred is the successor employer. 2019, c. 7, Sched. 53, s. 2. Changeover date (3) For the purposes of this Act, (a) for the event describe…

• 11.
• 8.1Children’s aid societies

  8.1 (1) This Act applies upon the amalgamation of two or more children’s aid societies. 2017, c. 14, Sched. 4, s. 32. Predecessor and successor employers (2) For the purposes of this Act, the children’s aid societies that are amalgamated are the predecessor employers and the children’s aid society that exists when the amalgamation takes effect is the successor employer. 2017, c. 14, Sched. 4, s. 32. Changeover date (3) For the purposes of this Act, the changeover date is the date on which the amalgamation takes effect. 2017, c. 14, Sched. 4, s. 32. Definition (4) In this section, “children’s aid society” means a corporation that is a children’s aid society under the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 32. Section Amendments with date in force (d/m/y) 2017, c. 14, Sched. 4, s. 32 - 30/04/2018

• 12.
• 9Repealed

  9 Repealed: 2019, c. 7, Sched. 53, s. 3. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (4) - 28/03/2006; 2006, c. 35, Sched. D, s. 5 (1-3) - 20/12/2006 2019, c. 7, Sched. 53, s. 3 - 29/05/2019

• 10Application in other circumstances

  10 (1) This Act applies in such other circumstances as may be prescribed upon the occurrence of a prescribed event. 1997, c. 21, Sched. B, s. 10 (1); 2006, c. 4, s. 42 (5). Predecessor and successor employers (2) For the purposes of this Act, the predecessor and successor employers are the persons prescribed as such in connection with a prescribed event. 1997, c. 21, Sched. B, s. 10 (2). Changeover date (3) For the purposes of this Act, the changeover date is the date prescribed as such in connection with a prescribed event. 1997, c. 21, Sched. B, s. 10 (3). Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (5) - 28/03/2006

• 13.
• [s14]
• 11Crown bound

  11 (1) This Act binds the Crown. 1997, c. 21, Sched. B, s. 11. Crown not successor employer (2) Subject to subsection (3) and despite anything else in this Act, the Crown shall not be considered a successor employer. 2023, c. 19, s. 25 (2). Exception (3) Subsection (2) does not apply to the amalgamation described in section 8.0.1. 2023, c. 19, s. 25 (2). Section Amendments with date in force (d/m/y) 2006, c. 35, Sched. D, s. 6 - 20/12/2006 2023, c. 19, s. 25 (2) - 28/06/2024

• [s15]
• 12Limited application re sale of a business

  12 (1) Section 36 (re seniority) of this Act applies with respect to the sale of a business, but only if the person to whom the business is sold is, (a) a municipality or local board; (b) a district school board as defined in subsection 1 (1) of the Education Act; (c) a person who operates a hospital or who will do so following the sale; or (d) a prescribed person or a member of a prescribed class of persons. 1997, c. 21, Sched. B, s. 12 (1); 2006, c. 4, s. 42 (6); 2006, c. 35, Sched. D, s. 7 (1). Exception (2) Section 36 does not apply with respect to an event to which this Act applies in accordance with sections 3 to 10. 2019, c. 7, Sched. 53, s. 4. (3) Repealed: 2006, c. 35, Sched. D, s. 7 (2). Application, even if no bargaining agent (4) Section 36 applies to a sale of a business whether or not any employees of the seller are represented by a bargaining agent. 1997, c. 21, Sched. B, …

• 14.
• Section Amendments with date in force (d/m/y) #15
• [s16]
• 13Labour Relations Act, 1995

  13 (1) Subject to subsection (2), section 69 of the Labour Relations Act, 1995 does not apply with respect to an event to which this Act applies in accordance with sections 3 to 10. 2019, c. 7, Sched. 53, s. 5. Same (2) If the Crown would, in the absence of subsection 11 (2), be a successor employer on the occurrence of an event described in subsection (1), the following apply: 1. Nothing in this Act shall be interpreted to prevent the application of section 69 of the Labour Relations Act, 1995 with respect to, i. the Crown and the event, or ii. the Crown and the part of the event that pertains to the Crown, if there are other successor employers. 2. If one or more employers other than the Crown are successor employers on the occurrence of the event, section 69 of the Labour Relations Act, 1995 does not apply with respect to those employers and the part of the event that pertains to them…

• 15.
• 2019
• [s17]

  Status of Collective Agreements, etc., on the Changeover Date

• 16.
• 14Bargaining units

  14 (1) On the changeover date, each bargaining agent that had bargaining rights in respect of a bargaining unit of a predecessor employer immediately before the changeover date has bargaining rights in respect of a like bargaining unit of the successor employer, but the description of the bargaining unit shall be such as to include only, (a) employees who immediately before the changeover date were employees of the predecessor employer in the bargaining unit for which the bargaining agent had bargaining rights; and (b) employees who are hired to replace employees described in clause (a). 1997, c. 21, Sched. B, s. 14 (1). (2) Repealed: 2006, c. 35, Sched. D, s. 9 (1). Exclusion of certain employees (3) For greater certainty, none of the following, other than employees described in clause (1) (b), become members of a bargaining unit as a result of the operation of this section: 1. Repealed…

• 17.
• 15Collective agreements

  15 (1) The collective agreement, if any, that applies with respect to employees of a predecessor employer immediately before the changeover date continues to apply with respect to those employees who are employed by the successor employer on or after the changeover date and with respect to employees hired by the successor employer to replace such employees. 1997, c. 21, Sched. B, s. 15 (1). Expired agreements (2) If no collective agreement is in operation immediately before the changeover date, the most recent collective agreement, if any, shall be deemed to be in effect from the changeover date for the purposes of this Act and subsection (1) applies with necessary modifications. 1997, c. 21, Sched. B, s. 15 (2). Status of successor employer (3) The successor employer is bound by the collective agreement as if he, she or it had been a party to it. The successor employer shall be deemed t…

• 18.
• 16Successor employer, hiring employees

  16 Nothing in this Act requires a successor employer to hire any employee of a predecessor employer except to the extent that the successor employer may be required to do so under a collective agreement that binds the successor employer. 1997, c. 21, Sched. B, s. 16.

• 19.
• [s21]
• 17Bargaining rights under other Acts

  17 If, under this Act, a trade union is made the bargaining agent of the employees in a bargaining unit, the trade union shall be deemed to have been certified or chosen as such for the purposes of the Fire Protection and Prevention Act, 1997, the Labour Relations Act, 1995 and the Community Safety and Policing Act, 2019. 1997, c. 21, Sched. B, s. 17; 2019, c. 1, Sched. 4, s. 51 (3). Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 5, s. 53 (3) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 51 (3) - 01/04/2024

• [s22]
• 18Termination of certain proceedings

  18 (1) On the changeover date, the appointment of a conciliation officer under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 226 of the Community Safety and Policing Act, 2019 for the purpose of endeavouring to effect a collective agreement between a predecessor employer and a bargaining agent with respect to employees described in subsection 14 (1) is terminated. 1997, c. 21, Sched. B, s. 18 (1); 2019, c. 1, Sched. 4, s. 51 (4). No appointments (2) No conciliation officer shall be appointed in respect of a dispute concerning a collective agreement for a bargaining unit on or after the changeover date unless the description of the bargaining unit is agreed upon by the employer and the bargaining agent under section 20 or the description of the bargaining unit is determined in an order under section 22. 1997, c. 21, Sch…

• 20.
• [s23]
• 19Right to strike

  19 (1) No employee who is a member of a bargaining unit established under this Act shall strike against a successor employer unless notice to bargain is given under this or another Act after the changeover date. An employee’s right, if any, to strike after that date is determined under the Act that otherwise governs collective bargaining for him or her. Right to lock-out (2) No successor employer shall lock out an employee who is a member of a bargaining unit established under this Act unless notice to bargain is given under this or another Act after the changeover date. The employer’s right, if any, to lock out employees after that date is determined under the Act that otherwise governs collective bargaining in respect of the employees. Enforcement (3) Sections 81 to 85 and 100 to 108 of the Labour Relations Act, 1995 apply with necessary modifications with respect to the enforcement of…

• 21.
• [s24]

  Modification of the Act to Partial Integrations

• 22.
• 19.1Application

  19.1 (1) This section and sections 19.2 to 19.6 clarify how sections 14 to 18 of this Act shall be modified to apply in the case of a partial integration. 2006, c. 4, s. 42 (9). Interpretation (2) In this section and in sections 19.2 to 19.6, “non-affected bargaining unit” means, with respect to a predecessor employer that is subject to a partial integration, a bargaining unit of the employer in respect of which none of the programs, services or functions performed by employees in the unit are transferred to or otherwise integrated with a successor employer; (“unité de négociation non touchée”) “partial integration” means an event to which this Act applies where, (a) some or all of the programs, services or functions performed by employees in a particular bargaining unit at a predecessor employer are transferred to or otherwise integrated with a successor employer, and (b) on and after t…

• 23.
• 19.2Bargaining units at successor employer

  19.2 (1) Subsection 14 (1) applies to a partial integration in accordance with this section. 2006, c. 4, s. 42 (9). Same (2) On the changeover date, each bargaining agent that has bargaining rights in respect of a predecessor bargaining unit immediately before the changeover date has bargaining rights in respect of a like bargaining unit at the successor employer, but the description of the bargaining unit shall be such as to include only, (a) employees who, immediately before the changeover date, (i) were employees of the predecessor employer in the bargaining unit for which the bargaining agent has bargaining rights, and (ii) were employed in the delivery of programs, services or functions that are being transferred to or otherwise integrated with the successor employer; and (b) employees who are hired to replace employees described in clause (a). 2006, c. 4, s. 42 (9). No rights re no…

• 24.
• 19.3Application of certain provisions

  19.3 Subsection 14 (3) and sections 15, 16 and 17 apply, with necessary modifications, to a partial integration. 2006, c. 4, s. 42 (9); 2006, c. 35, Sched. D, s. 11. Section Amendments with date in force (d/m/y) 2006, c. 4, s. 42 (9) - 28/03/2006; 2006, c. 35, Sched. D, s. 11 - 20/12/2006

• 25.
• [s28]
• 19.4Conciliation officer

  19.4 (1) Subsections 18 (1) and (2) apply to a partial integration in accordance with this section. 2006, c. 4, s. 42 (9). Existing appointment (2) Where a conciliation officer has been appointed under section 49 of the Fire Protection and Prevention Act, 1997, section 18 of the Labour Relations Act, 1995 or section 226 of the Community Safety and Policing Act, 2019 for the purpose of endeavouring to effect a collective agreement between a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit or a non-affected bargaining unit, the appointment continues to be valid on the changeover date with respect to those parties. 2006, c. 4, s. 42 (9); 2019, c. 1, Sched. 4, s. 51 (5). Same – successor employer (3) A conciliation officer described in subsection (2) has no status with respect to a successor employer and a bargaining agent tha…

• 26.
• [s29]
• 19.5Duty to bargain

  19.5 (1) Subsections 18 (3) and (4) apply to a partial integration in accordance with this section. 2006, c. 4, s. 42 (9). Existing notice to bargain (2) If, before the changeover date, a notice to bargain had been given by either of a predecessor employer or a bargaining agent that had bargaining rights in respect of a predecessor bargaining unit or a non-affected bargaining unit to the other, the notice continues to be valid between those parties on the changeover date. 2006, c. 4, s. 42 (9). Same – successor employer (3) A notice to bargain described in subsection (2) does not apply with respect to a successor employer and the bargaining agent that has bargaining rights in respect of a successor bargaining unit and neither of those parties is under an obligation to bargain as a result of the notice. 2006, c. 4, s. 42 (9). New notice to bargain – predecessor employer (4) Subsection 18 …

• 27.
• Section Amendments with date in force (d/m/y) #29
• [s30]
• 19.6Interest arbitrations

  19.6 (1) Subsection 18 (5) applies to a partial integration in accordance with this section. 2006, c. 4, s. 42 (9). Existing arbitrations (2) Subsection 18 (5) does not apply with respect to a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit or non-affected bargaining unit and interest arbitrations in relation to those parties in which a final decision was not issued before the changeover date continue on and after the changeover date unless the arbitrations are otherwise lawfully terminated. 2006, c. 4, s. 42 (9). Same – further submissions (3) With respect to interest arbitrations described in subsection (2) in which the parties are a predecessor employer and a bargaining agent that has bargaining rights in respect of a predecessor bargaining unit, the arbitrator or arbitration board shall not issue a final decision with…

• 28.
• [s31]

  Alterations to Bargaining Units, etc., after the Changeover Date

• 20Agreement re: change to bargaining units

  20 (1) On or after the changeover date, a successor employer and all of the bargaining agents that represent employees of the successor employer to whom the Labour Relations Act, 1995 applies may agree to change the number and description of the bargaining units in respect of which the bargaining agents have bargaining rights. Same (2) Despite subsection (1), a successor employer and two or more but not all of the bargaining agents that represent employees of the successor employer to whom the Labour Relations Act, 1995 applies may agree to change the number and description of the bargaining units in respect of which they have bargaining rights if the agreement does not change or affect the description of any other bargaining unit and does not result in employees who were not in any bargaining unit being included in a bargaining unit. Firefighters (3) Subsections (1) and (2) apply, with …

• 29.
• 21Agreement re: change of bargaining agents

  21 (1) If an agreement is made under section 20, all of the bargaining agents that are parties to the agreement may agree upon which bargaining agent will represent each bargaining unit that results from the agreement. Commencement (2) An agreement under this section does not come into effect until it is executed by every bargaining agent that is a party to the agreement and a copy of it is given to the successor employer. Effect of agreement (3) When the agreement comes into effect, the agreed bargaining agent is the only bargaining agent representing the employees in a bargaining unit. All other bargaining agents cease to represent the employees in the unit. Request for order (4) If no agreement is in effect within 10 days after the related agreement under section 20 is executed, the successor employer or a bargaining agent may request the Board to determine which of the bargaining age…

• 30.
• 22Order re change to bargaining units

  22 (1) Subject to any agreement under section 20 that is in effect, the Board, upon the application of a successor employer or any bargaining agent that has bargaining rights, may by order determine the number and description of bargaining units that are appropriate for the successor employer’s operations after the occurrence of an event to which this Act applies. 1997, c. 21, Sched. B, s. 22 (1); 2006, c. 4, s. 42 (10). Professional units (2) Nothing in this section prevents the Board from making an order that results in a bargaining unit of employees who are members of a profession and engaged in a professional capacity and who for that reason commonly bargain separately and apart from other employees through a bargaining agent that according to established trade union practice pertains to the profession unless such an order would result in an unduly fragmented bargaining unit structur…

• 31.
• 23Order re change of bargaining agents

  23 (1) Following a request under subsection 21 (4) or when making an order under section 22, the Board shall determine which one of the bargaining agents, if any, represents the employees in each bargaining unit whose description is changed by the agreement under section 20 or the order under section 22. 1997, c. 21, Sched. B, s. 23 (1). Representation vote (2) The Board shall make the determination by conducting a vote or votes of the employees in each bargaining unit. 1997, c. 21, Sched. B, s. 23 (2). Result of vote (3) The order must appoint as bargaining agent for a bargaining unit the candidate that receives the greatest number of votes, if the candidate receives more than 50 per cent of the votes cast. 1997, c. 21, Sched. B, s. 23 (3). (4) Repealed: 2006, c. 35, Sched. D, s. 12. Same (5) If 40 per cent or more of the employees in the bargaining unit were not represented by a bargai…

• 32.
• [s36]
• 24Continued and composite agreements

  24 (1) This section applies if a new bargaining unit is established or the description of a bargaining unit is changed by an agreement under section 20 or an order under section 22. 1997, c. 21, Sched. B, s. 24 (1). Individual collective agreements continued (2) The collective agreement that applies with respect to a member of the bargaining unit immediately before the agreement under section 20 or the order under section 22 comes into effect continues to apply with respect to him or her after the agreement or order comes into effect. 1997, c. 21, Sched. B, s. 24 (2). Expired agreements (3) If no collective agreement is in effect with respect to a member of the bargaining unit immediately before the agreement or order comes into effect, but a collective agreement was in effect or was deemed to be in effect at any time after the changeover date, that agreement shall be deemed to continue …

• 25Seniority provisions

  25 (1) This section applies if a new bargaining unit is established or the description of a bargaining unit is changed by an agreement under section 20 or an order under section 22 and a collective agreement containing seniority provisions applies to any employees in the new bargaining unit or the bargaining unit whose description is changed. If one collective agreement applies (2) If only one collective agreement containing seniority provisions applies to any employees in the bargaining unit, the seniority provisions in it apply to all employees in the bargaining unit. If two or more agreements apply (3) If two or more collective agreements containing seniority provisions apply to employees in the bargaining unit the following apply: 1. If the bargaining agent representing the employees in the bargaining unit was a party to one of the collective agreements immediately before the changeo…

• 33.
• [s38]
• 26Grievance provisions

  26 (1) This section applies if a new bargaining unit is established or the description of a bargaining unit is changed by an agreement under section 20 or an order under section 22. If one collective agreement applies (2) If only one collective agreement applies to any employees in the bargaining unit, the grievance provisions in it apply to all employees in the bargaining unit. If two or more agreements apply (3) If two or more collective agreements containing grievance provisions apply to employees in the bargaining unit the following apply: 1. If the bargaining agent representing the employees in the bargaining unit was a party to one of the collective agreements immediately before the changeover date, the grievance provisions contained in that collective agreement apply to all employees in the bargaining unit. 2. If the bargaining agent representing the employees in the bargaining un…

• 34.
• [s39]
• 27Application to Board, dispute re s. 24, 25 or 26

  27 If a dispute arises about the application of section 24, 25 or 26, the employer or the bargaining agent may apply to the Board for an order resolving the dispute. 1997, c. 21, Sched. B, s. 27.

• 35.
• [s40]
• 28Restriction re certification applications

  28 (1) Subsections (2) and (3) apply if an order under section 22 is requested. Same, employees not in bargaining unit (2) During the period beginning 10 days after the order is requested and ending when the order is made, no person may apply for certification of a bargaining agent to represent employees of the successor employer who are not members of a bargaining unit when the order is requested. Same, employees in bargaining unit (3) During the period beginning when the order is requested and ending when the first collective agreement between the parties comes into operation after a collective agreement continued under subsection 24 (2) or a composite agreement expires, no person may apply, (a) for a declaration that the trade union no longer represents the employees in the bargaining unit; or (b) for the certification of a different bargaining agent to represent the employees in the …

• 36.
• [s41]

  Replacing Collective Agreements

• 29Agreement to replace composite agreement

  29 (1) A successor employer and the bargaining agent may agree to replace the composite agreement with respect to a bargaining unit with one of the agreements included in it and may amend the replacement agreement. Seniority (2) Section 33 applies to the replacement agreement if it provides that employees have rights that depend upon their seniority. Request for order re seniority (3) If the replacement agreement provides that employees have rights that depend upon their seniority, the successor employer or the bargaining agent may request the Board to determine the method to be used to determine employees’ seniority. 1997, c. 21, Sched. B, s. 29.

• 37.
• [s43]
• 30Order to replace composite agreement

  30 (1) Upon the request of both parties, the Board may by order replace a composite agreement with respect to a bargaining unit with one of the agreements included in the composite agreement. 1997, c. 21, Sched. B, s. 30 (1). Restriction re order (2) The Board shall select as the replacement agreement the included agreement that is the most appropriate one to apply with respect to all employees in the bargaining unit. 1997, c. 21, Sched. B, s. 30 (2). Same (3) The order must not amend the replacement agreement except as permitted by this section. 1997, c. 21, Sched. B, s. 30 (3). Definition of bargaining unit (4) The order may amend the description of the bargaining unit to reflect the related agreement under section 20 or order under section 22. 1997, c. 21, Sched. B, s. 30 (4). Seniority (5) Section 33 applies to the replacement agreement if it provides that employees have rights that …

• 38.
• [s44]
• 31Notice to bargain, continued agreements

  31 (1) A party to a collective agreement continued under subsection 24 (2), a composite agreement or, if both parties agree in writing that it may be done, a replacement agreement, may give notice in writing to the other party of its desire to bargain with a view to replacing the existing collective agreement with a new collective agreement. Effect of notice (2) The notice has the same effect as a notice given under subsection 47 (2) of the Fire Protection and Prevention Act, 1997 or section 59 of the Labour Relations Act, 1995. Termination of existing agreement (3) The existing collective agreement ceases to operate 90 days after the day on which the notice is given. 1997, c. 21, Sched. B, s. 31.

• [s45]
• 32Application of s. 43 of the Labour Relations Act, 1995

  32 (1) Section 43 of the Labour Relations Act, 1995 applies, with necessary modifications, with respect to the new collective agreement referred to in subsection 31 (1) as though the new collective agreement was a first collective agreement. 1997, c. 21, Sched. B, s. 32 (1); 2017, c. 22, Sched. 2, s. 18; 2018, c. 14, Sched. 2, s. 23. Same (2) References to length of service in clause 43 (14) (b) of the Labour Relations Act, 1995 shall be deemed, for the purposes of the application of that clause under subsection (1), to be references to seniority rights. 1997, c. 21, Sched. B, s. 32 (2); 2017, c. 22, Sched. 2, s. 18; 2018, c. 14, Sched. 2, s. 23. Factors to consider (3) In making a decision under section 43 of the Labour Relations Act, 1995, as that section applies under subsection (1), a board of arbitration shall take into consideration all factors it considers relevant, including the …

• 39.
• [s46]

  Seniority of Employees in a Bargaining Unit

• 40.
• 33Mandatory rules for determining seniority

  33 (1) Subject to subsection (2), the requirements set out in this section apply with respect to a collective agreement that provides that employees have rights that depend upon their seniority. 1997, c. 21, Sched. B, s. 33 (1). Same (2) The requirements apply only with respect to the first collective agreement after notice to bargain is given in the following circumstances: 1. A party gives notice to bargain under this Act. 2. A party to a collective agreement continued under subsection 24 (2), a composite agreement or a replacement agreement gives notice to bargain under subsection 47 (2) of the Fire Protection and Prevention Act, 1997, section 59 of the Labour Relations Act, 1995 or section 224 of the Community Safety and Policing Act, 2019. 1997, c. 21, Sched. B, s. 33 (2); 2019, c. 1, Sched. 4, s. 51 (8). Seniority for prior employment (3) If an employee in the bargaining unit was e…

• 41.
• [s48]
• 34Order re replacement agreement

  34 (1) Following a request under subsection 29 (3) or when making an order under section 30, the Board may by order determine the method to be used to determine the seniority of the employees in a bargaining unit for the purposes of a replacement agreement. 1997, c. 21, Sched. B, s. 34 (1). Presumption of dovetailing, unit wide seniority (2) Unless the Board considers it inappropriate in the circumstances, an order under subsection (1) must require that, to the extent possible, the seniority of employees must be based solely on a common definition of seniority and determined with reference to the bargaining unit as a whole and not to only a part or parts of it. 1997, c. 21, Sched. B, s. 34 (2). Mandatory rules (3) Subsections 33 (3) and (4) apply with respect to an order under subsection (1). 1997, c. 21, Sched. B, s. 34 (3); 2006, c. 35, Sched. D, s. 14. Order to meet (4) Without making…

• 42.
• [s49]
• 35Order after notice to bargain

  35 (1) After notice to bargain is given under this Act and before a collective agreement is executed, either party may request the Board to determine the method to be used to determine the seniority of the employees in the bargaining unit. 1997, c. 21, Sched. B, s. 35 (1). Same (2) The Board may make an order respecting the method to be used to determine seniority. 1997, c. 21, Sched. B, s. 35 (2). Same (3) Subsections 33 (3) and (4) and 34 (2) apply with necessary modifications with respect to an order under subsection (2). 1997, c. 21, Sched. B, s. 35 (3); 2006, c. 35, Sched. D, s. 15. Order to meet (4) Without making an order under subsection (2), the Board may order the parties to meet to endeavour to reach an agreement about the method to be used to determine the seniority of the employees. 1997, c. 21, Sched. B, s. 35 (4). Referral to arbitration (5) If matters in dispute between t…

• Section Amendments with date in force (d/m/y) #49
• [s50]
• 36Requirements after sale of a business

  36 (1) This section applies only as provided under section 12 and only with respect to, (a) a collective agreement between the employer of a business who sells it and a bargaining agent, if the collective agreement binds the person to whom the business is sold under subsection 69 (2) of the Labour Relations Act, 1995; (b) if there is no collective agreement described in clause (a) when the business is sold, the first collective agreement between the person to whom the business is sold and the bargaining agent, if any, entitled under subsection 69 (3) of the Labour Relations Act, 1995 to represent the employees in the bargaining unit; and (c) a collective agreement between an employer to whom a business is sold and a bargaining agent. 1997, c. 21, Sched. B, s. 36 (1). Mandatory rules (2) Subsections 33 (3) and (4) apply with necessary modifications with respect to a collective agreement t…

• [s51]

  administration and enforcement

• [s52]
• 37Ontario Labour Relations Board

  37 (1) Subject to this section, sections 110 to 118 of the Labour Relations Act, 1995 apply, with necessary modification, with respect to anything the Board does under this Act. 1997, c. 21, Sched. B, s. 37 (1). No panels (2) Where the Board is given authority to make a decision, determination or order under this Act, it shall be made, (a) by the chair or, if the chair is absent or unable to act, by the alternate chair; or (b) by a vice-chair selected by the chair in his or her sole discretion or, if the chair is absent or unable to act, selected by the alternate chair in his or her sole discretion. 1997, c. 21, Sched. B, s. 37 (2). Labour relations officers (3) The Board may authorize a labour relations officer to inquire into any matter that comes before it under this Act and to endeavour to settle any such matter. 1997, c. 21, Sched. B, s. 37 (3). Rules to expedite proceedings (4) The…

• [s53]
• 38

  38 The Arbitration Act, 1991 does not apply with respect to a proceeding before the Board. 1997, c. 21, Sched. B, s. 38.

• [s54]

  General

• 39Conflicting rules: Acts, regulations, human resources plans

  39 (1) In the event of a conflict or inconsistency between this Act or a regulation made under this Act and any other Act, this Act or the regulation prevails. 1997, c. 21, Sched. B, s. 39 (1). Same, hospital sector (2) In the event of a conflict between this Act and a human resource plan agreed upon by an employer and a bargaining agent, the plan prevails except in the following circumstances and respects: 1. Section 33 of this Act prevails over a plan. That section does not prevail over a plan that is agreed upon before this subsection comes into force. However, that section prevails over such a plan if the plan is amended on or after the date this subsection comes into force. 2. Repealed: 2006, c. 35, Sched. D, s. 17. 3. A plan does not prevail over this Act in such circumstances as may be prescribed. It does not prevail over such provisions of this Act as may be prescribed. 1997, c. …

• 40Regulations

  40 (1) The Lieutenant Governor in Council may make regulations, (a) Repealed: 2006, c. 35, Sched. D, s. 18 (1). (b) governing how this Act applies with respect to employees of a predecessor employer who perform construction work and who, immediately before the changeover date, are in a bargaining unit with respect to which a construction union has bargaining rights; (c) prescribing anything that must or may be prescribed under this Act; (d) defining, for the purposes of this Act or any part of it, any term or expression that is not defined in this Act; (e) governing any matter necessary or advisable to carry out the purposes of this Act. 1997, c. 21, Sched. B, s. 40 (1); 2006, c. 35, Sched. D, s. 18 (1). Definitions in cl. (1) (b) (2) In clause (1) (b), “construction union” means a trade union or council of trade unions, both as defined in section 126 of the Labour Relations Act, 1995 or…

• 41

  41 Omitted (provides for coming into force of provisions of this Act). 1997, c. 21, Sched. B, s. 41.

• 42

  42 Omitted (enacts short title of this Act). 1997, c. 21, Sched. B, s. 42. ______________