Bill 15 explained in plain English
Essential Public Transit Services Act, 2010
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 39th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Essential Public Transit Services Act, 2010, prohibits strikes and lock-outs in public transit labour disputes and mandates arbitration to resolve them, initially for the Toronto Transit Commission and potentially other services via regulation.
This bill, known as the Essential Public Transit Services Act, 2010, aims to resolve labour disputes within public transit services without resorting to strikes or lock-outs. It establishes a process for binding arbitration to settle these disputes. The Act initially applies to the Toronto Transit Commission and its employees represented by specific unions. It also allows the Lieutenant Governor in Council to extend these provisions to other public transit services through regulations. The bill prohibits strikes and lock-outs by employees and employers in the public transit sector it covers. When a collective agreement cannot be reached through normal conciliation, the dispute is referred to arbitration. The arbitration process involves appointing either a single arbitrator or a board of arbitration. The Act outlines procedures for appointing arbitrators, conducting hearings, and making decisions, specifying that the Labour Relations Act, 1995, applies except where modified by this Act. Arbitration decisions are binding and enforceable by the Superior Court of Justice. The Act also clarifies the remuneration and expenses for arbitrators and board members and specifies that the Arbitration Act, 1991, and the Statutory Powers Procedure Act do not apply to arbitrations under this Act.
- Prohibits strikes and lock-outs in specified public transit services.
- Establishes a process for resolving labour disputes in public transit through binding arbitration.
- Defines 'public transit service' and lists initial employers and bargaining agents to which the Act applies.
- Allows for the expansion of the Act's application to other public transit services through regulations made by the Lieutenant Governor in Council.
- Outlines the procedures for appointing arbitrators or arbitration boards, conducting arbitration proceedings, and making decisions.
- Specifies that arbitration decisions are binding and enforceable.
- Defines the criteria that an arbitration board must consider when making decisions, such as the employer's ability to pay and the economic situation.
- Specifies how the remuneration and expenses of arbitrators and arbitration board members are to be paid.
- States that the Arbitration Act, 1991, and the Statutory Powers Procedure Act do not apply to arbitrations under this Act.
- Grants the Minister of Labour the power to delegate certain powers and to make regulations for transitional matters.
- Specifies that the Act comes into force on the day it receives Royal Assent.
- Employees of public transit services covered by the Act.
- Employers operating public transit services covered by the Act (initially Toronto Transit Commission, potentially others specified by regulation).
- Bargaining agents representing employees of public transit services covered by the Act (initially specific locals of Amalgamated Transit Union, International Association of Machinists and Aerospace Workers, and Canadian Union of Public Employees, potentially others specified by regulation).
- The Minister of Labour.
- The Lieutenant Governor in Council.
- The Ontario Labour Relations Board (in a limited capacity as it will not decide matters within its jurisdiction in arbitration).
- The Superior Court of Justice (for enforcement of arbitration decisions).
- Employees are prohibited from striking.
- Employers are prohibited from locking out employees.
- Disputes must be resolved through arbitration.
- Parties to a dispute must participate in the arbitration process.
- Arbitration decisions are binding and enforceable.
- Arbitrators and board members must be free of conflicts of interest (e.g., no pecuniary interest, not having acted as agent for parties within six months).
- The Act comes into force on the day it receives Royal Assent.
- The remuneration and expenses of arbitrators and arbitration board members are to be paid by the parties. Parties pay for their appointed member, and each party pays half the chair's costs.
- Failure to comply with an arbitration decision can result in the decision being filed in the Superior Court of Justice, making it enforceable as a judgment or order of that court.
- The Act does not specify the exact criteria or timeline for the Lieutenant Governor in Council to make regulations extending the Act's application to other public transit services.
- The Act does not detail specific penalties for engaging in strikes or lock-outs, only that they are prohibited.
- While the Act provides a framework for arbitration, the specific details of arbitration proceedings are largely determined by the appointed arbitrator or board, subject to the Act's provisions.
- The Act allows the Minister to delegate powers, but the specific scope and conditions of such delegation are not detailed.
- The Act states that the Labour Relations Act, 1995, applies except as modified. The exact extent of modification beyond what is explicitly stated is not always clear.
Parts of the Labour Relations Act, 1995, will not apply or will be changed by this new Act. For example, strikes and lock-outs are prohibited, and the process for resolving disputes will be through arbitration as defined in this Act. This Act prevails in case of conflict.
Source: Sections 2 (3), 2 (4), 3, 4 (1), 10 (9), 11 (1), 11 (5), 11 (7)
This Act will not apply to arbitrations conducted under the Essential Public Transit Services Act, 2010.
Source: Section 10 (9)
This Act will not apply to arbitrations conducted under the Essential Public Transit Services Act, 2010.
Source: Section 10 (9)
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
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Vote Summary
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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