Bill 113 explained in plain English
Labour Relations Amendment Act (Binding Arbitration), 2012
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 1st 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
This bill amends the Labour Relations Act, 1995, to allow the Ontario Labour Relations Board to order binding arbitration to settle collective agreements when strikes or lockouts have lasted for more than 180 days and further bargaining is unlikely to resolve the dispute.
This bill, the Labour Relations Amendment Act (Binding Arbitration), 2012, aims to change how certain expired collective agreements are settled if a strike or lockout has been ongoing for an extended period. It allows either party in a prolonged labour dispute (over 180 days) to request the Ontario Labour Relations Board (OLRB) to order that a new collective agreement be settled through binding arbitration. The OLRB can make this order if it finds that one party is bargaining in good faith and a new agreement is unlikely to be reached within the next 30 days of continued bargaining. If binding arbitration is ordered, the strike or lockout must end immediately, and employees must be reinstated. The bill also specifies procedures for setting up private arbitration or having the OLRB settle the agreement, and outlines how the new agreement will be in effect.
- Amends the Labour Relations Act, 1995 to introduce provisions for mandatory binding arbitration in specific labour disputes.
- Allows either party in a collective bargaining relationship to apply to the Ontario Labour Relations Board (OLRB) for binding arbitration if a strike or lockout has been ongoing for at least 180 days, and attempts to resolve the dispute with a conciliator or mediator for at least 30 days have not led to a new agreement.
- Requires the OLRB to determine if the parties are bargaining in good faith and if a new agreement is likely to be reached within 30 days.
- Mandates the end of a strike or lockout and the reinstatement of employees if the OLRB directs binding arbitration.
- Establishes procedures for parties to opt for private arbitration or for the OLRB to settle the dispute if private arbitration is not chosen.
- Specifies that a new collective agreement settled through this process will be effective for two years and can include retroactive provisions.
- Requires the OLRB to conduct a review of these new provisions every two years and report to the Minister.
- Applies these changes to most collective agreements, with specific exclusions listed (e.g., Ambulance Services Collective Bargaining Act, Colleges Collective Bargaining Act).
- States that the Act comes into force on the day it receives Royal Assent.
- Employers and trade unions involved in collective bargaining in Ontario, except for those covered by specific excluded Acts.
- The Ontario Labour Relations Board (OLRB)
- The Minister of Labour
- The right for either party to apply to the OLRB for binding arbitration after 180 days of a strike or lockout and 30 days of conciliation/mediation.
- The obligation for the OLRB to inquire into bargaining in good faith and the likelihood of reaching an agreement within 30 days.
- The obligation for employees to end strikes and employers to end lockouts immediately upon a direction for binding arbitration.
- The obligation for employers to reinstate employees following a strike or lockout when binding arbitration is directed.
- The requirement for wages and terms of employment to remain in effect until a new collective agreement is settled.
- The obligation for the OLRB to review the operation of these sections every two years.
- The Act comes into force on the day it receives Royal Assent.
- An application for binding arbitration can be made if the conditions are met on or after the day the Act receives Royal Assent, even if the strike/lockout or conciliation/mediation began before that day.
- The OLRB must make a determination on an application within 21 days.
- If the OLRB declines arbitration, parties can reapply if 30 days pass without an agreement.
- Settlements by a board of arbitration must be made within 45 days of notice.
- Settlements by the OLRB must be made within 45 days of the Board's direction.
- New collective agreements settled under this section are effective for two years.
- The bill does not explicitly detail new penalties but mandates actions such as ending strikes/lockouts and employee reinstatement, with enforcement likely handled through existing labour relations mechanisms.
- The bill specifies that sections 43.2 to 43.4 apply to most collective agreements but lists several exceptions, including those under the Ambulance Services Collective Bargaining Act, 2001, Colleges Collective Bargaining Act, 2008, and others.
- The OLRB has discretion to delay its determination if it is not satisfied that the applying party has bargained sufficiently and seriously regarding disputed provisions.
- The bill does not specify the exact composition or rules for the board of arbitration beyond the selection of members and a chair, relying on referenced sections of the Labour Relations Act, 1995 for procedural details.
- The specific process for 'resuming normal operations' by an employer when reinstating employees is subject to potential direction from the Board.
Adds new sections (43.1 to 43.4) that establish a framework for directing the settlement of collective agreements through binding arbitration under specific circumstances of prolonged strikes or lockouts.
Source: Section 1
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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