Bill 79 explained in plain English
Labour Relations Amendment Act (Equal Rights for Employees in Ontario), 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 give all trade unions the option to be certified without a vote, to require just cause for employee discipline, to modify reinstatement after strikes, and to mandate the posting of labour relations information.
Bill 79, also known as the Labour Relations Amendment Act (Equal Rights for Employees in Ontario), 2012, makes several changes to Ontario's Labour Relations Act, 1995. It extends the option for trade unions to seek certification without a vote to all unions, not just those in the construction industry. It also introduces a requirement for employers to have just cause when discharging or disciplining employees in certain situations, and modifies rules regarding the reinstatement of employees after a strike or lock-out. Additionally, the bill mandates the Minister of Labour to create and publish a poster about labour relations rights and obligations in Ontario, which employers must display in the workplace. The Act comes into effect on the day it receives Royal Assent.
- Allows all trade unions, not just those in the construction industry, to elect to have their certification applications processed without a vote. (Section 1)
- Requires employers to have just cause when discharging or disciplining employees under specific circumstances, and allows the Labour Relations Board to substitute a lesser penalty if the cause is not sufficient. (Section 4)
- Amends the provisions related to the reinstatement of employees after a lawful strike or lock-out, outlining the process and conditions for re-employment. (Section 5)
- Requires the Minister of Labour to create and publish a poster in plain language (English and French) detailing employee and employer rights and obligations under the Labour Relations Act, and mandates that employers post this information in conspicuous places in the workplace. (Section 6)
- Amends cross-references in the Labour Relations Act to include the new section related to certification without a vote. (Sections 2, 3)
- Repeals and substitutes certain sections of the Labour Relations Act related to reinstatement after strikes and lock-outs, and to certification processes. (Sections 5, 7, 8)
- Comes into force on the day it receives Royal Assent. (Section 9)
- Trade unions
- Employers
- Employees
- The Minister of Labour
- The Ontario Labour Relations Board
- Trade unions have the right to elect to have certification applications processed without a vote. (Section 1)
- Employers are obligated not to discharge or discipline employees without just cause in certain situations. (Section 4)
- Employers are obligated to reinstate employees after a strike or lock-out under specified conditions. (Section 5)
- Employers are obligated to post a poster prepared by the Minister regarding labour relations information in conspicuous places. (Section 6)
- Employees have rights related to joining unions, participating in union activities, and protected rights regarding employment terms.
- The Minister has a duty to prepare and publish a labour relations poster.
- This Act comes into force on the day it receives Royal Assent. (Section 9)
- Section 10.1 of the Act applies to applications made on or after the day the Labour Relations Amendment Act (Equal Rights for Employees in Ontario), 2012 comes into force. (Section 1, subsection (6))
- The Labour Relations Board may substitute a lesser penalty if an employer is found to have discharged or disciplined an employee without just cause. (Section 4, subsection (2))
- The specific content of the poster to be prepared by the Minister is determined by the Minister's discretion as 'appropriate'. (Section 6, subsection (1))
- The application of a 'lesser standard' for discharging employees during a probationary period is at the discretion of the Labour Relations Board. (Section 4, subsection (3))
- The determination of 'similar position' for reinstatement after a strike or lock-out may depend on specific circumstances and interpretations. (Section 5, subsection (3))
- The number of copies of the poster an employer must post, beyond a minimum of one for employers with 25 or fewer employees, is calculated based on a formula that involves rounding. (Section 6, subsection (3))
- The requirement for employers to post translated posters in languages other than English or French is triggered if at least 25 per cent of employees use such a language, and a translation is requested by a trade union. (Section 6, subsection (5))
Adds a new section (10.1) that allows any trade union to elect to have its certification application processed without a vote, and removes the option for this process to apply only to the construction industry. It also adds a new section (73.1) that prohibits employers from discharging or disciplining employees without just cause in certain situations. Furthermore, it requires the Minister to prepare and publish a poster on labour relations, which employers must post in the workplace. The bill also amends sections 11 and 12 to reference the new section 10.1, repeals and substitutes section 80 regarding reinstatement after strikes or lock-outs, and repeals and substitutes subsections 159(3) and 160(4) to exclude applications dealt with under new sections.
Source: Sections 1, 2, 3, 4, 5, 6, 7, 8
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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