Bill 136, Public Sector Transition Stability Act, 1997

Witmer, Hon. Elizabeth Minister of Labour

Versions

[36] Bill 136 As Amended by Standing Committee (PDF)

Bill 136 1997

An Act to provide for the expeditious resolution of disputes during collective bargaining in certain sectors and to facilitate collective bargaining following restructuring in the public sector and to make certain amendments to the Employment Standards Act and the

Pay Equity Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Enactment of Schedule A

1. The Public Sector Dispute Resolution Act, 1997, as set out in Schedule A, is hereby enacted. Enactment of Schedule B

2. The Public Sector Labour Relations Transition Act, 1997, as set out in Schedule B, is hereby enacted. Employment Standards Act

3. (1) Subsection 2 (1) of the Employment Standards Act, as amended by the Statutes of Ontario, 1992, chapter 21, section 58, 1993, chapter 27, Schedule, and 1995, chapter 1, section 71, is further amended by striking out "Section 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown" in the first and second lines and substituting "Sections 13 and 13.1 and Parts IX, X, XI, XII and XIV apply to the Crown".

(2) Section 58 of the Act, as amended by the Statutes of Ontario, 1991, chapter 16, section 4, 1993, chapter 27, Schedule, 1995, chapter 1, section 75 and 1996, chapter 23, section 11, is further amended by adding the following subsections: Sale of a business

(9.1) If an employer who sells a business within the meaning of section 13 purports to pay severance pay to an employee employed by the purchaser and if the amount paid at least equals the amount of severance pay to which the employee would have been entitled had he or she not been employed by the purchaser, the amount paid shall be treated as severance pay for the purposes of subsection (9). Same

(9.2) Subsection (9.1) applies with respect to payments made before or after that subsection comes into force.

(3) Part XIV.1 of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 5 and as amended by 1995, chapter 1, sections 76 to 78 and 1996, chapter 23, section 12 is repealed and the following substituted:

PART XIV.1

EMPLOYEE WAGE PROTECTION PROGRAM (DISCONTINUED) Program discontinued

58.1 The Employee Wage Protection Program is discontinued on the day that subsection 3 (3) of the Public Sector Transition Stability Act, 1997 comes into force. Continued application of old Part

58.2 Despite section 58.1, Part XIV.1 and the regulations relating to that Part, as that Part and the regulations read immediately before the Program is discontinued, continue to apply with respect to wages that become due and owing before the Program is discontinued. Program Administrator continues

58.3 The Program Administrator appointed under subsection 58.2 (1) as it read immediately before the Program is discontinued shall continue in office for the purposes of section 58.2. Continued powers of collectors

58.4 Section 73.0.2 applies with respect to the powers of the Program Administrator under section 58.14 as it read immediately before the Program is discontinued.

(4) Subsection 58.21 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 6, is repealed and the following substituted: Liability for settlements

(1) Directors are liable to the Program Administrator of the Employee Wage Protection Program for compensation awarded under section 58.7, as it read immediately before subsection 3 (3) of the Public Sector Transition Stability Act, 1997 came into force, to the extent and in the circumstances described in this section.

(5) Subsection 64.5 (14) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 23, section 18, is repealed and the following substituted: Status of order

(14) An order authorized by subsection (6) shall be deemed, for the purposes of section 58.2, to have been made by an employment standards officer.

(6) Paragraph 2 of subsection 73.0.2 (1) of the Act, as enacted by the Statutes of Ontario, 1996, chapter 23, section 27, is repealed.

(7) Paragraphs 19.1, 19.2, 19.3, 19.6, 19.7 and 19.8 of subsection 84 (1) of the Act, as enacted by the Statutes of Ontario, 1991, chapter 16, section 16, are repealed and the following substituted:

19.1 governing the payment of interest under section 58.20 or section 68.

b Pay Equity Act

(3) Subsections 13.1 (3) and (4) of the Pay Equity Act, as enacted by the Statutes of Ontario, 1993, chapter 4, section 8, are repealed and the following substituted: Same

(3) Clause 14 (2) (a), subsections 14.1 (1) to (6) and 14.2 (1) and (2) apply, with necessary modifications, to the negotiation or preparation of a new plan. y

(4) Section 13.1 of the Act, as enacted by the Statutes of Ontario, 1993, chapter 4, section 8, is amended by adding the following subsection: Application to certain events

(4.1) This section applies with respect to an occurrence described in sections 3 to 10 of the Public Sector Labour Relations Transition Act, 1997. For the purposes of this section, the occurrence shall be deemed to be the sale of a business, each of the predecessor employers shall be deemed to be a seller and the successor employer shall be deemed to be the purchaser.

' Repeals

5. The following are repealed: 1. Employment Standards Amendment Act (Employee Wage Protection Program), 1991, sections 5 and 17. 2. Labour Relations and Employment Statute Law Amendment Act, 1995, sections 76 to 79.

b Commencement

6. (1) Except as provided in subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor. y Same

(2) The Schedules to this Act come into force as provided in the commencement section at or near the end of each Schedule. Short title

7. The short title of this Act is the Public Sector Transition Stability Act, 1997.

SCHEDULE A

PUBLIC SECTOR DISPUTE RESOLUTION ACT, 1997 Purposes

1. The following are the purposes of this Act:

1. To ensure the expeditious resolution of disputes during collective bargaining.

2. To encourage the settlement of disputes through negotiation.

3. To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers.

b Arbitrations

2. (1) This section applies to,

(a) arbitrations conducted under section 50 of the Fire Protection and Prevention Act, 1997\;

(b) arbitrations conducted under the Hospital Labour Disputes Arbitration Act\;

(d) arbitrations respecting a matter concerning the amendment or renewal of an agreement or anything that may be the subject of bargaining under section 26 of the Public Service Act\;

(e) arbitrations under section 43 of the Labour Relations Act, 1995 as it applies under section 32 of the Public Sector Labour Relations Transition Act, 1997\;

(f) arbitrations under section 40 of the Labour Relations Act, 1995 involving a successor employer within the meaning of the Public Sector Labour Relations Transition Act, 1997 and a bargaining agent representing employees of such an employer. Purposes to be considered

(2) In making a decision, an arbitrator or arbitration board shall take into consideration the purposes of this Act. Other criteria not excluded

(3) Nothing in subsection (2) relieves an arbitrator or arbitration board from any requirement under another Act to consider criteria in making a decision. y

AMENDMENTS Fire Protection and Prevention Act, 1997

17. (1) Section 50 of the Fire Protection and Prevention Act, 1997 is repealed and the following substituted:

b Arbitration

50. Where the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, the matters remaining in dispute between the parties shall be decided by arbitration in accordance with this Part. Appointment of single arbitrator

50.1 (1) Where the parties agree to have the matters in dispute between them decided by a single arbitrator, they shall, within the time set out in subsection 50.2 (1), jointly appoint a person who agreed to act. Single arbitrator's powers

(2) The person appointed under subsection (1) 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. 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. Appointment of board of arbitration

50.2 (1) Within seven days after the day upon which the Minister has informed the parties that the conciliation officer has been unable to effect a collective agreement, each of the parties shall appoint to a board of arbitration a member who has agreed to act. Extension of time

(2) The parties by a mutual agreement in writing may extend the period of seven days mentioned in subsection (1) for one further period of seven days. Failure to appoint member

(3) Where a party fails to appoint a member of a board of arbitration within the period or periods mentioned in subsection (1), the Minister, upon the written request of either of the parties, shall appoint such member. Third member

(4) Within ten days after the day on which the second of the members was appointed, the two members appointed by or on behalf of the parties shall appoint a third member who has agreed to act, and such third member shall be the chair. Failure to appoint third member

(5) Where the two members appointed by or on behalf of the parties fail within ten days after the appointment of the second of them to agree upon the third member, notice of such failure shall be given forthwith to the Minister by the parties, the two members or either of them and the Minister shall appoint as a third member a person who is, in the opinion of the Minister, qualified to act. Notice of appointment by party

(6) 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. Notice of appointment by members

(7) As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed. Selection of method

(8) If the chair of the board of arbitration was appointed by the Minister, subject to subsections (9) to (11), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection. Same, mediation-arbitration

(9) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate. Same, final offer selection

(10) The method selected shall not be final offer selection without mediation. Same, mediation-final offer selection

(11) The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. Vacancies

(12) 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. Replacement of member

(13) 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 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person. Replacement of chair

(14) If the chair of a board of arbitration is unable 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 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may appoint a person to act as chair in his or her place. Where single arbitrator unable to act

(15) If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications. Time and place of hearings

(16) Subject to subsection (17), 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. When hearings commence

(17) The board of arbitration shall hold the first hearing within 30 days after the last (or only) member of the board is appointed. Exception

(18) If the method of arbitration selected by the Minister under subsection (8) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (18) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation. Failure of member to attend

(19) Where a member of a board of arbitration appointed by a party or by the Minister is unable to attend the first hearing at the time and place fixed by the chair, the party shall, upon the request in writing of the chair, appoint a new member in place of such member and where such appointment is not made within five days of the date of the request, the Minister shall, upon the written request of the chair, appoint a new member in place of such member. Order to expedite proceedings

(20) Where a board of arbitration has been established, the chair shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that the board has failed to render a decision within the time set out in subsection 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may, after consulting the parties and the board, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be rendered within a reasonable time. Procedure

(21) Subject to the other provisions of this section, a board of arbitration shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions. Same

(22) If the members of a board of arbitration are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs. Time for submission of information

(23) If the method of arbitration selected by the Minister under subsection (8) is mediation-arbitration or mediation-final offer selection, the chair of the board of arbitration may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair permits the submission of the information; and

(24) The decision of a majority of the members of a board of arbitration is the decision of the board, but, if there is no majority, the decision of the chair is the decision of the board. Notice of agreement to recommence

(25) If any member of the board of arbitration was appointed by the Minister, the parties may, at any time before the arbitrator or board renders a decision, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different board of arbitration. Termination of appointments

(26) If notice is served on the Minister under subsection (25), the appointments of all the members of the board of arbitration are terminated. Effective date of terminations

(27) The terminations are effective on the day the Minister is served with the notice. Obligation to appoint

(28) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 50.1 (1), a person who agreed to act or shall each appoint, under subsection (1) of this section, a member who has agreed to act and section 50.1 and this section apply with respect to such appointments. Powers

(29) The chair and the other members of a board of arbitration established under this Act have, respectively, all the powers of a chair and the members of a board of arbitration under the Labour Relations Act, 1995. Appointment or proceedings of board not subject to review

50.3 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. Single arbitration of several disputes

50.4 (1) Where there are matters in dispute between parties to be decided by more than one arbitration in accordance with this Part, the parties may agree in writing that the matters in dispute shall be decided by one board of arbitration. Parties

(2) For the purposes of section 50.2, the bargaining agents for or on behalf of any firefighters to whom this Part applies shall be one party and the employers of such firefighters shall be the other party. Powers of board

(3) In an arbitration to which this section applies, the board may, in addition to the powers conferred upon a board of arbitration by this Part,

(a) make a decision on matters of common dispute between all of the parties; and

(b) refer matters of particular dispute to the parties concerned for further bargaining. Same

(4) Where matters of particular dispute are not resolved by further collective bargaining under clause (3) (b), the board shall decide the matters. Duty of board

50.5 (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. Criteria

(2) In making a decision, the board of arbitration shall take into consideration all factors the board 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, if current funding and taxation levels are not increased.

3. The economic situation in Ontario and in the municipality.

4. A comparison, as between the firefighters and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

5. The employer's ability to attract and retain qualified firefighters. Restriction

(3) Nothing in subsection (2) affects the powers of the board of arbitration. Board to remain seized of matters

(4) The board of arbitration shall remain seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between the parties. Time for decision

(5) The board of arbitration shall give a decision within 90 days after the last (or only) member of the board is appointed. Extension

(6) The parties may agree to extend the time described in subsection (5), either before or after the time has passed. Remuneration and expenses

(7) The remuneration and expenses of the members of a board of arbitration shall be paid as follows:

1. A party shall pay the remuneration and expenses of a member appointed by or on behalf of the party.

2. Each party shall pay one-half of the chair's remuneration and expenses. Enforcement of arbitration decisions

(8) Where a party or firefighter has failed to comply with any of the terms of the decision of an arbitration board, any party or firefighter affected by the decision may file in the Ontario Court (General Division) a copy of the decision, exclusive of the reasons therefor, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such. Non-application

(9) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this Part. Where agreement reached

50.6 (1) Where, during the bargaining under this Part 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. 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 the provisions of sections 49 to 50.5 apply, with necessary modifications. Decision of board

(3) Where, during the bargaining under this Part or during the proceedings before the board of arbitration, the parties have agreed upon some matters to be included in the collective agreement and have notified the board in writing of the matters agreed upon, the decision of the board shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties. Same

(4) Where the parties have not notified the board of arbitration in writing that, during the bargaining under this Part or during the proceedings before the board of arbitration, they have agreed upon some matters to be included in the collective agreement, the board shall decide all matters in dispute and such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties. Execution of agreement

(5) Within five days of 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. Preparation of agreement by board

(6) 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 (5), 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 parties for execution. Failure to execute agreement

(7) If the parties or either of them fail to execute the document prepared by the board within a period of five days from the day of its submission by the board to them, the document shall come into effect as though it had been executed by the parties and the document thereupon constitutes a collective agreement. Delegation

50.7 (1) The Minister may delegate in writing to any person the Minister's power to make an appointment, order or direction under this Act. 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. Existing proceedings discontinued

50.8 (1) Proceedings before a board of arbitration under this Part or a predecessor to this Act in which a hearing was commenced before the date on which subsection 17 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings

(2) This section does not apply with respect to proceedings in which a hearing was commenced before June 3, 1997 if,

(a) a final decision is issued on or before June 3, 1997; or

(b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 17 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement

(3) This section does not apply if the parties agree in writing after the date on which subsection 17 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force to continue the proceedings. y

(2) Section 54 of the Act is amended by adding the following subsections: Amalgamations

(8.1) If, after the day on which subsection 17 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters amalgamate, the amalgamated municipality is entitled under subsection (4) to designate the number of persons that is equal to the sum of the numbers of persons that each of the amalgamating municipalities would have been able to designate immediately before the amalgamation. Dissolutions and incorporations

(8.2) If, after the day on which subsection 17 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters are dissolved and the inhabitants of the municipalities are incorporated in a new municipality, subsection (8.1) shall apply as if the dissolved municipalities were amalgamating municipalities and the new municipality was an amalgamated municipality.

(3) Section 57 of the Act is repealed and the following substituted: Regulations

57. The Minister may make regulations,

(a) governing the appointment of conciliation officers under this Act;

(b) governing the selection of arbitrators under section 53. y Hospital Labour Disputes Arbitration Act

18. (1) Subsection 3 (1) of the Hospital Labour Disputes Arbitration Act is repealed and the following substituted: Notice of no collective agreement

(1) If a conciliation officer appointed under section 18 of the Labour Relations Act, 1995 is unable to effect a collective agreement within the time allowed under section 20 of that Act, 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, and sections 19 and 20 of that Act shall not apply.

(2) Section 6 of the Act is amended by adding the following subsections: Selection of method

(7.1) If the chair of the arbitration board was appointed by the Minister, subject to subsections (7.2) to (7.4), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection. Same, mediation-arbitration

(7.2) The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate. Same, final offer selection

(7.3) The method selected shall not be final offer selection without mediation. Same, mediation-final offer selection

(7.4) The method selected shall not be mediation-final offer selection unless the Minister in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute.

(2.1) Subsections 6 (9), (10) and (11) of the Act are repealed and the following substituted: Replacement of member

(9) 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 9 (4) or within the time extended under subsection 9 (5), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person. Replacement of chair

(10) If the chair of a board of arbitration is unable 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 9 (4) or within the time extended under subsection 9 (5), the Minister may appoint a person to act as chair in his or her place. Where single arbitrator unable to act

(11) If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications.

(2.2) Subsection 6 (13) of the Act is repealed and the following substituted: Time and place of hearings

(13) Subject to subsection (13.1), 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. When hearings commence

(13.1) The board of arbitration shall hold the first hearing within 30 days after the last (or only) member of the board is appointed. Exception

(13.2) If the method of arbitration selected by the Minister under subsection (7.1) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (13.1) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.

(2.3) Subsections 6 (15) and (16) of the Act are repealed and the following substituted: Order to expedite proceedings

(15) Where a board of arbitration has been established, the chair shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that the board has failed to render a decision within the time set out in subsection 9 (4) or within the time extended under subsection 9 (5), the Minister may, after consulting the parties and the board, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be rendered within a reasonable time. Procedure

(16) Subject to the other provisions of this section, a board of arbitration shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions. Time for submission of information

(16.1) If the method of arbitration selected by the Minister under subsection (7.1) is mediation-arbitration or mediation-final offer selection, the chair of the board of arbitration may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair permits the submission of the information; and

(2.4) Section 6 of the Act is amended by adding the following subsections: Notice of agreement to recommence

(18.1) If any member of the board of arbitration was appointed by the Minister, the parties may, at any time before the arbitrator or board renders a decision, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different board of arbitration. Termination of appointments

(18.2) If notice is served on the Minister under subsection (18.1), the appointments of all the members of the board of arbitration are terminated. Effective date of terminations

(18.3) The terminations are effective on the day the Minister is served with the notice. Obligation to appoint

(18.4) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 5 (1), a person who agreed to act or shall each appoint, under subsection (1) of this section, a member who has agreed to act and section 5 and this section apply with respect to such appointments.

(3) Section 9 of the Act, as amended by the Statutes of Ontario, 1996, chapter 1, Schedule Q, section 2, is amended by adding the following subsections: Time for decision

(4) The board of arbitration shall give a decision within 90 days after the last (or only) member of the board is appointed. Extension

(5) The parties may agree to extend the time described in subsection (4), either before or after the time has passed.

(4) The Act is amended by adding the following section: Delegation

9.2 (1) The Minister may delegate in writing to any person the Minister's power to make an appointment, order or direction under this Act. Proof of appointment

(6) Subsection 11 (1) of the Act is amended by striking out "Labour Relations Act" in the first and second lines and substituting "Labour Relations Act, 1995".

(7) Subsection 11 (2) of the Act is amended by striking out "Sections 76 and 77, subsection 78 (1) and sections 79, 94, 95 and 97 of the Labour Relations Act" in the first, second and third lines and substituting "Sections 81 and 82, subsection 83 (1) and sections 84, 100, 101 and 103 of the Labour Relations Act, 1995".

(8) Subsection 12 (1) of the Act is amended,

(a) by striking out "section 62 of the Labour Relations Act" in the first and second lines and substituting "section 67 of the Labour Relations Act, 1995"\;

(b) by striking out "section 14" in the sixth line and substituting "section 16"\; and

(c) by striking out "subsection 58 (2) of the Labour Relations Act" at the end and substituting "subsection 63 (2) of the Labour Relations Act, 1995".

(9) Subsection 12 (2) of the Act is amended,

(a) by striking out "section 62 of the Labour Relations Act" in the first and second lines and substituting "section 67 of the Labour Relations Act, 1995"\;

(b) by striking out "section 54" in the third line and substituting "section 59"\; and

(c) by striking out "section 5 or subsection 58 (2) of the Labour Relations Act" in the nineteenth, twentieth and twenty-first lines and substituting "section 7 or subsection 63 (2) of the Labour Relations Act, 1995".

(10) Section 13 of the Act is amended by striking out "Despite subsection 81 (1) of the Labour Relations Act, where notice has been given under section 14 or 54 of that Act" in the first, second and third lines and substituting "Despite subsection 86 (1) of the Labour Relations Act, 1995, if notice has been given under section 16 or 59 of that Act".

(11) Section 14 of the Act is amended by striking out "sections 98, 99, 100, 101 and 103 of the Labour Relations Act" in the second and third lines and substituting "sections 104, 105, 106, 107 and 109 of the Labour Relations Act, 1995".

(13) Section 17 of the Act is repealed and the following substituted: Existing proceedings discontinued

17. (1) Proceedings before an arbitrator or arbitration board under this Act commenced before the date on which subsection 18 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings

(2) This section does not apply with respect to proceedings commenced before June 3, 1997 if,

(a) a final decision is issued on or before June 3, 1997; or

(b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 18 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement

(3) This section does not apply if the parties agree in writing after the date on which subsection 18 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force to continue the proceedings.

' Police Services Act

(5) Subsection 121 (5) of the Police Services Act is repealed and the following substituted :

b No arbitration until after conciliation

(5) Neither party shall give a notice requiring matters in dispute to be referred to arbitration under section 122 until a conciliation officer has been appointed, endeavoured to effect an agreement and reported to the Solicitor General and the Solicitor General has informed the parties of the conciliation officer's report.

(6) Subsection 122 (1) of the Act is repealed and the following substituted: Arbitration

(1) If matters remain in dispute after bargaining under section 119 and conciliation under section 121, a party may give the chair of the Arbitration Commission and the other party a written notice referring the matters to arbitration.

(6.1) Paragraphs 2 and 3 of subsection 122 (2) of the Act are repealed and the following substituted:

2. If the arbitration board is to consist of one person, the parties shall appoint him or her jointly. If they are unable to agree on a joint appointment, the person shall be appointed by the chair of the Arbitration Commission.

3. If the arbitration board is to consist of three persons, the parties shall each appoint one person and shall jointly appoint a chair. If they are unable to agree on a joint appointment, the chair shall be appointed by the chair of the Arbitration Commission.

4. If the arbitration board consists of one person who was appointed by the chair of the Arbitration Commission or if the arbitration board consists of three persons and the chair was appointed by the chair of the Arbitration Commission, the chair of the Arbitration Commission shall select the method of arbitration and shall advise the arbitration board of the selection. The method selected shall be mediation-arbitration unless the chair of the Arbitration Commission is of the view that another method is more appropriate. The method selected shall not be final offer selection without mediation and it shall not be mediation-final offer selection unless the chair of the Arbitration Commission in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. If the method selected is mediation-final offer selection, the chair of the arbitration board shall be the mediator or, if the arbitration board consists of one person, that person shall be the mediator.

(6.2) Subsection 122 (3) of the Act is repealed and the following substituted: When hearings commence

(3) The arbitration board shall hold the first hearing within 30 days after the chair is appointed or, if the arbitration board consists of one person, within 30 days after that person is appointed. Exception

(3.1) If the method of arbitration selected by the chair of the Arbitration Commission is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation. Time for submission of information

(3.2) If the method of arbitration selected by the chair of the Arbitration Commission is mediation-arbitration or mediation-final offer selection, the chair of the arbitration board or, if the arbitration board consists of one person, that person may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair or, if the arbitration board consists of one person, that person permits the submission of the information; and

(3.3) If the method of arbitration selected by the chair of the Arbitration Commission is conventional arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if the arbitration board consists of one person, that person may impose limits on the submissions of the parties and the presentation of their cases. Consolidation of disputes

(3.4) Disputes may be arbitrated together only if all the parties to the disputes agree. Time for decision

(3.5) The arbitration board shall give a decision within 90 days after the chair is appointed or, if the arbitration board consists of one person, within 90 days after that person is appointed. Extension

(3.6) The parties may agree to extend the time described in subsection (3.5), either before or after the time has passed. Remuneration and expenses

(3.7) The remuneration and expenses of the members of an arbitration board shall be paid as follows:

1. A party shall pay the remuneration and expenses of a member appointed by or on behalf of the party.

2. Each party shall pay one-half of the chair's remuneration and expenses or, if the arbitration board consists of one person, one-half of that person's remuneration and expenses.

(6.3) Subsection 122 (7) of the Act is repealed.

(6.4) The Act is amended by adding the following section: Existing proceedings discontinued

122.1 (1) Proceedings before an arbitrator or arbitration board under this Act in which a hearing commenced before the date on which subsection 20 (6.4) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings

(2) This section does not apply with respect to proceedings if,

(a) a final decision is issued on or before June 3, 1997; or

(b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 20 (6.4) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement

(3) This section does not apply if the parties agree in writing after June 3, 1997 to continue the proceedings. y

(10) Section 127 of the Act is amended by striking out "Arbitrations Act" in the first line and substituting "Arbitration Act, 1991".

(11) Paragraph 1 of subsection 131 (5) of the Act is repealed and the following substituted:

1. Maintaining a register of arbitrators who are available for appointment under section 124.

(12) Section 131 of the Act is amended by adding the following subsections: Consultation before chair appointed

(6.1) No person shall be appointed as chair of the Arbitration Commission after this subsection comes into force unless the Solicitor General or his or her delegate has first consulted with or attempted to consult with,

(a) bargaining agents that, in the opinion of the Solicitor General or his or her delegate, are reasonably representative of the bargaining agents that represent members of police forces; and

(b) employers or employers' organizations that, in the opinion of the Solicitor General or his or her delegate, are reasonably representative of the employers of members of police forces. Roster for appointments under section 122

(6.2) The chair of the Arbitration Commission shall establish and maintain a roster of persons who the chair may appoint under section 122. Appointment of persons not on roster

(6.3) The chair of the Arbitration Commission may appoint a person under section 122 who is not on the roster but only if the chair has first consulted with, or attempted to consult with, the other members of the Arbitration Commission. Same

(6.4) No person shall be placed on or removed from the roster unless the chair of the Arbitration Commission has first consulted with, or attempted to consult with, the other members of the Arbitration Commission. y

' Public Service Act

21. (1) The definition of "Arbitration Committee" in subsection 26 (1) of the Public Service Act is repealed.

(1.1) Subsection 26 (1) of the Act is amended by adding the following definition:

"Solicitor General" means the Solicitor General and Minister of Correctional Services or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. ("solliciteur gnral")

(2) Subsection 26 (4) of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 144, is further amended by striking out "or the Arbitration Committee" at the end and substituting "or an arbitration board". y

(3) Subsections 26 (5), (6), (7) and (13) of the Act are repealed and the following substituted: Negotiating Committee

(5) The Ontario Provincial Police Negotiating Committee is continued under the name Ontario Provincial Police Negotiating Committee in English and comit de ngociation de la Police provinciale de l'Ontario in French. Composition

(6) The Negotiation Committee shall be composed of,

(a) three members appointed by the Association to be known as the "staff side"\;

(b) three members appointed by the employer to be known as the "employer side"\; and

(c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote. Acting chair

(7) The members appointed under clauses (6) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent.

. . . . . Grievance procedure

(13) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance,

(a) concerning working conditions or terms of employment other than a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies or that relates to pensions for members of the Association; or

(b) concerning the interpretation or clarification of any clause in an agreement.

(4) The Act is amended by adding the following sections: Conciliation

26.1 (1) If a majority of the members of the Negotiation Committee is unable to agree upon a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under section 26, the chair shall, at the request of a member, request the Solicitor General to appoint a conciliation officer, and the Solicitor General shall appoint a conciliation officer upon receiving the request. Duty of conciliation officer

(2) The conciliation officer shall confer with the Negotiating Committee and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the Solicitor General. Extension of time

(3) The fourteen-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended. Report

(4) When the conciliation officer reports to the Solicitor General that an agreement has been reached or that an agreement cannot be reached, the Solicitor General shall promptly inform the Negotiating Committee of the report. Arbitration

26.2 (1) If the Solicitor General has informed the Negotiating Committee that the conciliation officer was not able to effect an agreement, the chair shall, at the request of a member, refer the matter to arbitration. Composition of arbitration board

(2) The following rules apply to the composition of the arbitration board:

1. The parties shall determine whether it shall consist of one person or of three persons. If they are unable to agree on this matter, or if they agree that the arbitration board shall consist of three persons but one of the parties then fails to appoint a person in accordance with the agreement, the arbitration board shall consist of one person.

4. If the arbitration board consists of one person who was appointed by the chair of the Ontario Police Arbitration Commission or if the arbitration board consists of three persons and the chair was appointed by the chair of the Ontario Police Arbitration Commission, the chair of the Ontario Police Arbitration Commission shall select the method of arbitration and shall advise the arbitration board of the selection. The method selected shall be mediation-arbitration unless the chair of the Ontario Police Arbitration Commission is of the view that another method is more appropriate. The method selected shall not be final offer selection without mediation and it shall not be mediation-final offer selection unless the chair of the Ontario Police Arbitration Commission in his or her sole discretion selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. If the method selected is mediation-final offer selection, the chair of the arbitration board shall be the mediator or, if the arbitration board consists of one person, that person shall be the mediator. When hearings commence

(4) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (3) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation. Time for submission of information

(5) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is mediation-arbitration or mediation-final offer selection, the chair of the arbitration board or, if the arbitration board consists of one person, that person may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

(a) the information was not available prior to the date;

(b) the chair or, if the arbitration board consists of one person, that person permits the submission of the information; and

(6) If the method of arbitration selected by the chair of the Ontario Police Arbitration Commission is conventional arbitration, the arbitration board shall hold a hearing, but the chair of the arbitration board or, if the arbitration board consists of one person, that person may impose limits on the submissions of the parties and the presentation of their cases. Consolidation of disputes

(7) Disputes may be arbitrated together only if all the parties to the disputes agree. Time for decision

(8) The arbitration board shall give a decision within 90 days after the chair is appointed or, if the arbitration board consists of one person, within 90 days after that person is appointed. Extension

(9) The parties may agree to extend the time described in subsection (8), either before or after the time has passed. Factors to consider

(10) In making a decision on the matter, the arbitration board 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 board's decision, 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 sectors, of the terms and conditions of employment and the nature of the work performed.

5. The employer's ability to attract and retain qualified employees. Restriction

(11) Nothing in subsection (10) affects the powers of the arbitration board. Restriction, pensions

26.3 No matter relating to pensions for members of the Association shall be referred to arbitration and no arbitration board shall decide any matter relating to pensions for members of the Ontario Provincial Police Force listed in subsection 26 (2). Existing proceedings discontinued

26.4 (1) Proceedings before an arbitrator or arbitration board under this Part in which a hearing commenced before the date on which subsection 21 (4) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings

(2) This section does not apply with respect to proceedings if,

(a) a final decision is issued on or before June 3, 1997; or

(b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 21 (4) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement

(3) This section does not apply if the parties agree in writing after June 3, 1997 to continue the proceedings. y

(5) Section 27 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 144 and 1996, chapter 1, Schedule Q, section 4, is repealed.

(6) Section 28 of the Act is amended by striking out "decisions of the Arbitration Committee under section 27" in the sixth and seventh lines and substituting "decisions of an arbitration board under section 26.2". y

(7) Clause 29 (1) (t) of the Act is amended by striking out "and the Arbitration Committee" at the end.

' Commencement and Short Title Commencement

22. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title

23. The short title of this Act is the Public Sector Dispute Resolution Act, 1997.

SCHEDULE B

PUBLIC SECTOR LABOUR RELATIONS TRANSITION ACT, 1997 Interpretation Purposes

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. Definitions

2. (1) In this Act,

"Board" means the Ontario Labour Relations Board; ("Commission")

"business" includes a part or parts thereof; ("entreprise") y

"composite agreement" means the collective agreement that is deemed to exist under subsection 27 (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; ("hpital")

"local board" means a local board as defined in section 1 of the Municipal Affairs Act but does not include a school board or a police services board; ("conseil local") y

"lock-out" means lock-out as defined in subsection 1 (1) of the Labour Relations Act, 1995\; ("lock-out")

"municipality" includes an upper-tier municipality; ("municipalit") y

"predecessor employer" means a predecessor employer under section 3, 4, 5, 6, 7, 8, 9 or 10; ("employeur prcdent")

"replacement agreement" means a collective agreement that replaces a composite agreement as a result of an agreement under section 29 or an order under section 30; ("convention de remplacement")

"sells" includes leases, transfers and any other manner of disposition, and "sold" and "sale" have corresponding meanings; ("vend", "loue", "transfre") y

"strike" means a strike as defined in subsection 1 (1) of the Labour Relations Act, 1995\; ("grve")

"successor employer" means a successor employer under section 3, 4, 5, 6, 7, 8, 9 or 10; ("employeur qui succde")

"transitional period" means the period beginning on the day that this section comes into force and ending on December 31, 2001 or on such later date as may be prescribed. ("priode de transition")

"upper-tier municipality" means a county, a regional or district municipality or the County of Oxford. ("municipalit de palier suprieur") y

' Application Municipal sector

3. (1) This Act applies upon,

(a) the amalgamation of two or more municipalities or two or more local boards during the transitional period;

(b) the dissolution of two or more municipalities and the incorporation of their inhabitants into a new municipality during the transitional period;

(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 during the transitional period 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. Predecessor and successor employers

(2) For the purposes of this Act,

(a) the municipalities or local boards that are amalgamated and the municipalities or local boards that are dissolved are the predecessor employers; and

(b) the municipality or local board that exists when the amalgamation takes effect, the new municipality that is incorporated or the local board that assumes the power or authority of the dissolved local boards is the successor employer. Same

(3) For the purposes of this Act, in the case of a restructuring described in clause (1) (d),

(a) the upper-tier municipality that is dissolved and the municipalities that are amalgamated or dissolved are predecessor employers; and

(b) the municipalities that exist when the amalgamation takes effect or the new municipalities that are incorporated and any other persons prescribed in connection with the restructuring are successor employers. Changeover date

(4) For the purposes of this Act, the changeover date is the date on which the amalgamation or dissolution takes effect.

' New City of Toronto

4. (1) In this section and sections 5 and 6,

"local board" means local board as defined in section 1 of the City of Toronto Act, 1997 but does not include a police services board; ("conseil local") y

"old municipalities" means old municipalities as defined in section 1 of the City of Toronto Act, 1997\; ("anciennes municipalits")

"new City of Toronto" or "new city" means the City of Toronto incorporated by the City of Toronto Act, 1997. ("nouvelle cit de Toronto", "nouvelle cit") Application to new city

(2) This Act applies upon the incorporation of the new City of Toronto. Predecessor and successor employers

(3) For the purposes of this Act, the old municipalities are the predecessor employers and the new city is the successor employer. Changeover date

(4) For the purposes of this Act, the changeover date is January 1, 1998. Local 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. New 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.

b School 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. y Limitation on application

(3) This Act does not apply in respect of employees to whom the School Boards and Teachers Collective Negotiations Act applies. Changeover date

(4) For the purposes of this Act, the changeover date is January 1, 1998.

b Interpretation

(5) The terms relating to education that are used in this section have the same meaning as in the Education Act, as it may be amended by the Education Quality Improvement Act, 1997 (being Bill 160 of the 1st Session, 36th Legislature). y Hospital sector

8. (1) This Act applies upon the amalgamation of two or more hospital corporations during the transitional period. Predecessor and successor employers

(2) For the purposes of this Act, the corporations that are amalgamated are the predecessor employers and the corporation that exists when the amalgamation takes effect is the successor employer. Changeover date

(3) For the purposes of this Act, the changeover date is the date on which the amalgamation takes effect. Definition

(4) In this section,

"hospital corporation" means a corporation that operates a hospital. Application re certain hospitals

9. (1) The Board may by order declare that this Act applies as a result of,

(a) the merger of all or part of the operations or administration of two or more employers who operate hospitals during the transitional period; or

(b) a substantial restructuring of two or more employers who operate hospitals during the transitional period. Predecessor and successor employers

(2) The order must specify which employers are the predecessor employers and which are the successor employers for the purposes of this Act. Changeover date

(3) For the purposes of this Act, the changeover date is the date on which the order is made, or such other date during the transitional period as the order may specify. The order may specify a date earlier than the date on which it is made. Request for order

(4) An employer operating a hospital that may be the subject of an order or a bargaining agent that represents employees at such a hospital may request the Board to make the order.

b Limitation on Board orders

(4.1) The Board shall not make an order under this section except pursuant to a request under subsection (4). y Factors to consider

(5) When making an order under this section, the Board shall consider the following factors and such other matters as it considers relevant:

1. The scope of agreements under which services are shared by the participating hospitals.

2. The extent to which the participating hospitals have rationalized the provision of services.

3. The extent to which programs have been transferred among participating hospitals.

4. The extent of labour relations problems that have resulted or could result from the agreements, rationalizations or transfers. Limitation, certain employers

(6) This section does not apply with respect to an employer that is a municipality or local board or the Crown. y Application in other circumstances

10. (1) This Act applies in such other circumstances as may be prescribed upon the occurrence of a prescribed event during the transitional period. 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. Changeover date

(3) For the purposes of this Act, the changeover date is the date prescribed as such in connection with a prescribed event. Crown bound

11. This Act binds the Crown. Limited application re sale of a business

12. (1) Section 38 (re seniority) of this Act applies with respect to the sale of a business during the transitional period, 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\; y

(d) a person in a prescribed class of persons. Exception

(2) Section 38 does not apply with respect to an occurrence described in sections 3 to 10.

b Exception, Crown

(3) Section 38 does not apply to a sale of a business by the Crown. Application, even if no bargaining agent

(4) Section 38 applies to a sale of a business whether or not any employees of the seller are represented by a bargaining agent. y Labour Relations Act, 1995

13. Section 69 of the Labour Relations Act, 1995 does not apply with respect to an occurrence described in sections 3 to 10. Status of Collective Agreements, Etc., on the Changeover Date

b Bargaining 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, y

(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). Exception, Crown

(2) This section does not apply with respect to a predecessor employer or successor employer that is the Crown. 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. An employee of the successor employer who, immediately before the changeover date, was employed by a predecessor employer that is the Crown.

2. An employee of the successor employer who, immediately before the changeover date, was not employed in a bargaining unit of a predecessor employer. Collective 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. 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. 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 to be the employer under the collective agreement.

b New bargaining agents

(3.1) If a bargaining agent has bargaining rights under section 14 but there has never been a collective agreement between the bargaining agent and the predecessor employer that applied to employees in the like bargaining unit of the predecessor employer or after the changeover date a bargaining agent is certified or voluntarily recognized as the bargaining agent for a bargaining unit of the successor employer but there has never been a collective agreement between the bargaining agent and the successor employer, the following rules apply:

1. Before a collective agreement applying to the employees in the bargaining unit of the successor employer comes into effect, the employer shall not, without 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 in the bargaining unit unless and until the right of the bargaining agent to represent the employees is terminated.

2. Before a collective agreement applying to the employees in the bargaining unit of the successor employer comes into effect, the bargaining agent shall not, without 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 in the bargaining unit. y Exception, Crown

(4) This section does not apply with respect to a predecessor employer or successor employer that is the Crown. Employees not in bargaining unit

(5) The terms and conditions of employment of an employee of the successor employer who is not in a bargaining unit are the terms and conditions of his or her contract of employment, as it may be amended from time to time.

b Hiring, continued employment

(6) No provision of a collective agreement that binds a successor employer under this section shall be applied so as to prevent the successor employer from hiring or continuing to employ an individual to perform work or assigning work to an individual if,

(a) immediately before the changeover date the individual was employed by a predecessor employer that is the Crown or was employed by a predecessor employer but was not employed in a bargaining unit; and

(b) the work the individual performs for the successor employer is essentially the same work that the individual performed immediately before the changeover date for the predecessor employer. Same

(7) Subsection (6) ceases to apply if section 27.1 applies. Successor employer, hiring employees

15.1 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. y Bargaining rights under other Acts

16. 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 Police Services Act. Termination of certain proceedings

17. (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 121 of the Police Services Act 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.

b No appointments

(1.1) 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 22 or the description of the bargaining unit is determined in an order under section 24. Duty to bargain terminated

(1.2) No bargaining agent is under an obligation to bargain as a result of a notice to bargain given by a predecessor employer and no successor employer is under an obligation to bargain as a result of a notice to bargain given to a predecessor employer. No notice to bargain to be given

(1.3) No bargaining agent or employer shall give notice to bargain for a collective agreement for a bargaining unit under section 47 of the Fire Protection and Prevention Act, 1997 or section 16 or 59 of the Labour Relations Act, 1995 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 22 or the description of the bargaining unit is determined in an order under section 24. y Same, interest arbitrations

(2) On the changeover date, interest arbitrations in which a final decision has not been issued are terminated in relation to a predecessor or successor employer. Right to strike

18. (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 this section.

' Alterations to Bargaining Units, Etc., After the Changeover Date

b Agreement re: change to bargaining units

22. (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

(1.1) 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

(1.2) Subsections (1) and (1.1) apply, with necessary modifications, in respect of employees to whom the Fire Protection and Prevention Act, 1997 applies. Agreement not to change

(2) On or after the changeover date, the employer and a bargaining agent may agree not to change the description of the bargaining unit in respect of which the bargaining agent has bargaining rights. Restriction re description

(3) An agreement must not result in a bargaining unit that includes employees whose labour relations are governed by the Fire Protection and Prevention Act, 1997 or the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by the same Act. Exception

(3.1) Despite subsection (3), an agreement may result in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by that Act if one of the bargaining agents that is a party to the agreement has bargaining rights under section 14 in respect of such a unit of the successor employer and the bargaining unit that results from the agreement includes only employees who, before the agreement comes into effect,

(a) are in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by that Act; or

(b) are not in a bargaining unit. y Commencement

(4) An agreement does not come into effect until it is executed by the employer and every bargaining agent that is a party to the agreement. Same

(5) An agreement described in subsection (1) or (1.1) does not come into effect until the related agreement under section 23 or the related order under section 25 comes into effect.

b Agreement re: change of bargaining agents

23. (1) If an agreement is made under section 22, 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. y 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.

b Request for order

(4) If no agreement is in effect within 10 days after the related agreement under section 22 is executed, the successor employer or a bargaining agent may request the Board to determine which of the bargaining agents represents each bargaining unit that results from the agreement. Order re change to bargaining units

24. (1) Subject to any agreement under section 22 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 described in sections 3 to 10. Professional units

(1.1) 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 structure. Construction

(2) If the employees in a bargaining unit perform construction work and are represented by a construction union, the Board shall, in making an order under subsection (1), have regard to decisions made by it relating to the description of bargaining units on applications under section 158 of the Labour Relations Act, 1995 and predecessors of that section, but the Board is not required to follow those decisions if the Board is of the view that it would not be appropriate to do so. y Definitions

(3) In subsection (2),

"construction union" means a trade union or council of trade unions, both as defined in section 126 of the Labour Relations Act, 1995 or an affiliated bargaining agent or employee bargaining agency, both as defined in section 151 of that Act; ("syndicat de la construction")

"construction work" means constructing, altering, decorating, repairing or demolishing buildings, structures, roads, sewers, water or gas mains, pipe lines, tunnels, bridges, canals or other works at the site. ("travaux de construction")

b Restriction

(4) An order under subsection (1) must not result in a bargaining unit that includes employees whose labour relations are governed by the Fire Protection and Prevention Act, 1997 or the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by the same Act. Exception

(5) Despite subsection (4), an order under subsection (1) may result in a bargaining unit that includes employees whose labour relations are governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations are not governed by that Act if,

(a) a bargaining unit of a predecessor employer included employees whose labour relations were governed by the Hospital Labour Disputes Arbitration Act together with employees whose labour relations were not governed by that Act; and

(b) the Board is of the view that it would be appropriate to issue such an order. Purposes

(6) In making a determination under this section, the Board shall have regard to the purposes of this Act. y Commencement

(7) The order comes into effect at the same time as the related order under section 25.

b Order re change of bargaining agents

25. (1) Following a request under subsection 23 (4) or when making an order under section 24, 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 22 or the order under section 24. y Representation vote

(2) The Board shall make the determination by conducting a vote or votes of the employees in each bargaining unit. 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.

b Former Crown employees

(3.1) If any employee in the bargaining unit of the successor employer was employed, immediately before the changeover date, by a predecessor employer that was the Crown and was represented, immediately before the changeover date, by a bargaining agent under the Crown Employees Collective Bargaining Act, 1993, the ballot must include that bargaining agent as a choice. Same

(4) If 40 per cent or more of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date, the ballot must include having no bargaining agent as a choice. Former Crown employees

(4.1) An employee described in subsection (3.1) shall be deemed to have not been represented by a bargaining agent immediately before the changeover date for the purposes of subsection (4). y Same, bargaining unit terminated

(5) If more than 50 per cent of the votes cast are in favour of having no bargaining agent, the order must provide that there is no bargaining agent representing the employees in the bargaining unit. Same

(6) When an order described in subsection (5) is made, every collective agreement that applied to the employees in the bargaining unit ceases to operate and the bargaining rights of the existing bargaining agents are terminated. Effect of order

(7) When an order is made under subsection (1) determining that a bargaining agent represents the employees in a bargaining unit, the bargaining rights of every other bargaining agent with respect to the employees in the bargaining unit are terminated. No vote if no change in bargaining units

(8) No vote is required if the order made under section 24 does not change the number, or description of the bargaining units. In that case, the order under this section must provide that the existing bargaining agents continue to represent the employees in the bargaining units. Same, agreement of bargaining agents

(9) Subject to subsection (9.1), no vote is required with respect to a bargaining unit if all of the bargaining agents that represented any of the employees in the unit before the order was made under section 24 agree upon the bargaining agent (from among their number) to represent the employees in the unit and less than 40 per cent of the employees in the bargaining unit were not represented by a bargaining agent immediately before the changeover date. In that case, the order under this section must appoint the agreed bargaining agent.

b Same, former Crown employees

(9.1) If any employee in the bargaining unit was employed, immediately before the changeover date, by a predecessor employer that was the Crown and was represented, immediately before the changeover date, by a bargaining agent under the Crown Employees Collective Bargaining Act, 1993, subsection (9) does not apply unless that bargaining agent is a party to the agreement referred to in that subsection. y

' Voting practices and procedures

(12) The Board shall determine the practices and procedures to be used in conducting a vote under this section. The voting must be conducted so as to ensure that one of the choices or candidates on the ballot ultimately receives more than 50 per cent of the votes cast.

b Conduct of vote in certain cases

(12.1) If 40 per cent or more of the employees in the bargaining unit were, immediately before the changeover date, not represented by a bargaining agent or are employees described in subsection (3.1) and there were at least two bargaining agents that, immediately before the changeover date, represented employees in the bargaining unit, the following apply with respect to the conduct of the vote under this section:

1. The vote must consist of succeeding votes.

2. In the first vote, the choices on the ballot must be having no bargaining agent as one choice and each of the bargaining agents, each as a separate choice.

3. Every choice on the ballot in a vote, other than the choice with the fewest votes cast in its favour, must be included in the ballot for the immediately succeeding vote. y Secret ballot

(13) A vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made. Contents of ballot

(14) The Board shall by order determine the choices and candidates for bargaining agent that are to appear on the ballot and shall do so in accordance with its practices and procedures.

b Eligibility

(15) The Board may determine, in its discretion, who is eligible to vote. Orders and defects in voting

(16) No order of the Board appointing a bargaining agent shall be set aside on the ground of any defect or irregularity in a vote if the Board is satisfied that the results of the vote reflect the true wishes of the majority of the employees in the bargaining unit. Enquiry into defects in voting

(17) The Board is not required to enquire into any allegation of a defect or irregularity in a vote if the Board is satisfied that, whether or not the alleged defect or irregularity existed, the results of the vote reflect the true wishes of the majority of the employees in the bargaining unit. y

' Continued and composite agreements

27. (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 22 or an order under section 24. 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 22 or the order under section 24 comes into effect continues to apply with respect to him or her after the agreement or order comes into effect.

b 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 for the purposes of this section and subsection (2) applies with necessary modifications. If no prior collective agreement

(4) 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, and no collective agreement was in effect or deemed to be in effect at any time after the changeover date, the terms and conditions of the employee's employment are the terms and conditions of his or her contract of employment as it may be amended from time to time until a collective agreement applicable to all employees in the bargaining unit is adopted under section 29 or imposed under section 30 or made following the giving of notice to bargain under this Act or another Act. y Composite agreement

(5) If as a result of the application of subsection (2) more than one collective agreement will apply in the bargaining unit, the provisions of each collective agreement are deemed to form one part of a single collective agreement to which the bargaining agent representing the employees in the new bargaining unit and the successor employer are parties. Parties

(6) Only the successor employer and the bargaining agent representing the employees in the bargaining unit are parties to a composite agreement. Term of agreement

(7) A collective agreement described in subsection (2) or a composite agreement ceases to operate one year after the date on which the agreement under section 22 or the order under section 24 comes into effect, or on such other date as the parties may agree upon in writing. Same re police

(8) Subsection (7) shall not be interpreted so as to affect the operation of section 129 of the Police Services Act.

b Seniority provisions

27.1 (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 22 or an order under section 24 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 changeover date, the seniority 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 unit was a party to more than one of the collective agreements immediately before the changeover date, the employer and the bargaining agent may agree as to which collective agreement's seniority provisions will apply to the employees in the bargaining unit or, if they do not agree, either of them may apply to the Board for an order determining which collective agreement's seniority provisions will apply to the employees in the bargaining unit. New bargaining agent

(4) If two or more collective agreements containing seniority provisions apply to employees in the bargaining unit but the bargaining agent representing the employees in the bargaining unit was not a party to any of them immediately before the changeover date, the employer and the bargaining agent may agree as to which collective agreement's seniority provisions will apply to the employees in the bargaining unit or, if they do not agree, either of them may apply to the Board for an order determining which collective agreement's seniority provisions will apply to the employees in the bargaining unit. Application of subs. 35 (3), (4)

(5) Subsections 35 (3) and (4) apply, with necessary modifications, to all employees in the bargaining unit. Other seniority provisions voided

(6) If a seniority provision that would not apply to an employee in the bargaining unit under section 27 is made applicable to an employee under this section, any seniority provision in the collective agreement, if any, that would apply to the employee under section 27 or in the employee's contract of employment is void. Amendment by parties

(7) The seniority provisions of a collective agreement may be amended by agreement between the bargaining agent for the bargaining unit and the employer subject to the following:

1. Despite any such amendment subsections 35 (3) and (4), as applicable under subsection (5), still apply.

2. The provisions as amended must provide that, to the extent possible, the seniority of employees is 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. Amendment by Board

(8) The Board may, upon application of the employer or the bargaining agent for the bargaining unit, amend the seniority provisions of a collective agreement unless the provisions apply, under section 27, to all the employees in the bargaining unit subject to the following:

1. Despite any such amendment subsections 35 (3) and (4), as applicable under subsection (5), still apply.

2. Unless the Board considers it inappropriate in the circumstances, the provisions as amended must provide that, to the extent possible, the seniority of employees is 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. Certain other provisions

(9) If the seniority provisions of a collective agreement are made applicable to all employees in a bargaining unit under this section, the following apply:

1. The provisions of that collective agreement respecting the posting of vacancies and new positions, promotions, transfers of employees, lay-offs and recalls also apply to the employees in the bargaining unit.

2. Any other provisions of that collective agreement that the employer and bargaining agent agree should apply, also apply to the employees in the bargaining unit.

3. Subsections (7) and (8) apply, with necessary modifications, to provisions applicable under paragraph 1 or 2. Section ceases to apply

(10) This section ceases to apply when the first collective agreement is made 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 27 (2), a composite agreement or a replacement agreement gives notice to bargain under subsection 47 (2) of the Fire Protection and Prevention Act, 1997 or section 59 of the Labour Relations Act, 1995. Definition

(11) In this section,

"seniority provisions" means provisions that give employees rights that depend upon their seniority. Grievance provisions

27.2 (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 22 or an order under section 24. 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 unit was a party to more than one of the collective agreements immediately before the changeover date, the grievance provisions of the collective agreement containing the seniority provisions that apply under paragraph 2 of subsection 27.1 (3) apply to the employees in the bargaining unit. New bargaining agent

(4) If two or more collective agreements apply to employees in the bargaining unit but the bargaining agent representing the employees in the bargaining unit was not a party to any of them immediately before the changeover date, the grievance provisions of the collective agreement containing the seniority provisions that apply under subsection 27.1 (4) apply to the employees in the bargaining unit. Other grievance provisions voided

(5) If a grievance provision that would not apply to an employee in the bargaining unit under section 27 is made applicable to an employee under this section, any grievance provision in the collective agreement, if any, that would apply to the employee under section 27 or in the employee's contract of employment is void. Section ceases to apply

(6) This section ceases to apply when the first collective agreement is made after notice to bargain is given in the following circumstances:

1. A party gives notice to bargain under this Act.

(7) In this section,

"grievance provision" means a provision that sets out a grievance procedure including the procedure for arbitrating a grievance and any restrictions on the right to grieve. Application to Board

27.3 If a dispute arises about the application of section 27, 27.1 or 27.2, the employer or the bargaining agent may apply to the Board for an order resolving the dispute. y Restriction re certification applications

28. (1) Subsections (2) and (3) apply if an order under section 24 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 27 (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 bargaining unit.

Thereafter, the right of a person to make the application is determined under the Act that otherwise governs collective bargaining in respect of the employees. Same, agreement

(4) Subsection (3) applies with necessary modifications if an agreement under section 22 is in effect and, for that purpose, the applicable period begins when the agreement comes into effect. Replacing Collective Agreements Agreement 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 35 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. Order 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. 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. Same

(3) The order must not amend the replacement agreement except as permitted by this section. Definition of bargaining unit

(4) The order may amend the description of the bargaining unit to reflect the related agreement under section 22 or order under section 24. Seniority

(5) Section 35 applies to the replacement agreement if it provides that employees have rights that depend upon their seniority. Term of replacement agreement

(6) The order may specify that the replacement agreement ceases to operate one year after the date on which the related agreement under section 22 or order under section 24 comes into effect or on such other date as the order may provide. Same re police

(7) Subsection (6) shall not be interpreted so as to affect the operation of section 129 of the Police Services Act. Notice to bargain, continued agreements

31. (1) A party to a collective agreement continued under subsection 27 (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.

b 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. Application of section 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. 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. 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 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 board's decision, if current funding and taxation levels are not increased.

3. The economic situation in Ontario and in the part of Ontario where the employer is located.

4. A comparison, as between the employees and other comparable employees in the public and private sectors, of the terms and conditions of employment and the nature of the work performed.

5. The employer's ability to attract and retain qualified employees. Application of section

(4) This section applies only to parties whose labour relations are governed by the Labour Relations Act, 1995 and to whom the Hospital Labour Disputes Arbitration Act does not apply. y

' Seniority of Employees in a Bargaining Unit Mandatory rules for determining seniority

35. (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. 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 27 (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 119 of the Police Services Act.

b Seniority for prior employment

(3) If an employee in the bargaining unit was employed by a predecessor employer immediately before the changeover date but was not a member of a bargaining unit, the employee shall be accorded seniority on the same basis as other employees in the bargaining unit and, without restricting generality of the foregoing, y

(a) if the collective agreement provides that seniority includes all periods of employment with the employer and all periods of employment with a predecessor employer, his or her seniority shall include all periods of employment with the employer and all periods of employment with a predecessor employer;

(b) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit of the employer and all periods of employment with a predecessor employer in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit; and

(c) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit or in a similar bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit or similar bargaining unit of the employer and all periods of employment with a predecessor employer in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit or similar bargaining unit. y Exception, certain municipal employees

(4) Subsection (3) does not apply with respect to an employee to whom an order made under subsection 12.9 (5) of Ontario Regulation 143/96 ("Powers of the Minister or a Commission for the Implementation of a Restructuring Proposal") made under the Municipal Act applies. Seniority, former employees of the Crown

(5) Such requirements as may be prescribed apply with respect to determining seniority in a bargaining unit that includes employees who, immediately before the changeover date, were employees of the Crown. Order re replacement agreement

36. (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. 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. Mandatory rules

(3) Subsections 35 (3) to (5) apply with respect to an order under subsection (1). Order to meet

(4) Without making an order under subsection (1), 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. Order after notice to bargain

37. (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. Same

(2) The Board may make an order respecting the method to be used to determine seniority. Same

(3) Subsections 35 (3) to (5) and 36 (2) apply with necessary modifications with respect to an order under subsection (2). 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.

b Referral to arbitration

(5) If matters in dispute between the parties have been referred to arbitration, the Board may refer the request to the arbitrator or arbitration board for resolution. Notice of order

(6) If matters in dispute between the parties have been referred to arbitration and the Board makes an order under subsection (2), the employer shall promptly give a copy of the order to the arbitrator or arbitration board. Conflict

(7) An order of the Board under subsection (2) prevails over a decision of an arbitrator or arbitration board to the extent of any conflict or inconsistency. y Requirements after sale of a business

38. (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

(2) Subsections 35 (3) to (5) apply with necessary modifications with respect to a collective agreement that provides that employees have rights that depend upon their seniority. Request for order

(3) The person to whom the business is sold or the bargaining agent may request the Board to determine the method to be used to determine the seniority of the employees in the bargaining unit. Same

(4) The Board may make an order respecting the method to be used to determine seniority. Presumption of dovetailing, unit wide seniority

(5) Unless the Board considers it inappropriate in the circumstances, an order under subsection (4) 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. Order to meet

(6) Without making an order under subsection (4), 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. Application of other provisions

(7) Subsections 37 (5) to (7) apply with necessary modifications with respect to a request under subsection (3).

b Administration and Enforcement Ontario Labour Relations Board

39. (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. 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. 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. Rules to expedite proceedings

(4) The Board has, in relation to any proceedings under this Act, the same powers to make rules to expedite proceedings as the Board has under subsection 110 (18) of the Labour Relations Act, 1995. Conflict with Statutory Powers Procedure Act

(5) Rules made under subsection (4) apply despite anything in the Statutory Powers Procedure Act. Rules not regulations

(6) Rules made under subsection (4) are not regulations within the meaning of the Regulations Act. Interim orders

(7) The Board may make interim orders with respect to a matter that is or will be the subject of a pending or intended proceeding. Timing of decisions, etc.

(8) The Board shall make decisions, determinations and orders under this Act in an expeditious fashion. Determinations final and binding

(9) A decision, determination or order made by the Board is final and binding for all purposes. Application of other provisions

(10) Subsections 96 (4), (6) and (7) and sections 122 and 123 of the Labour Relations Act, 1995 apply, with necessary modifications, with respect to proceedings before the Board and its decisions, determinations and orders. y

' Arbitration Act, 1991

45. The Arbitration Act, 1991 does not apply with respect to a proceeding before the Board. General Conflict

46. (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. 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 35 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. A plan does not prevail over a regulation made under clause 47 (1) (a).

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. Regulations

47. (1) The Lieutenant Governor in Council may make regulations,

(a) governing, in the case of a sale, lease or other disposition of all or part of a business by the Crown to a municipality, a local board of a municipality, a prescribed board with social service responsibilities, any band or person delivering social assistance, a person operating a hospital or to a school board, the determination of seniority for employees in a bargaining unit that includes employees employed by the Crown immediately before the sale, lease or disposition; y

(d) 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;

(e) prescribing anything that must or may be prescribed under this Act;

(f) defining, for the purposes of this Act or any part of it, any term or expression that is not defined in this Act;

(g) governing any matter necessary or advisable to carry out the purposes of this Act. Definitions in clause (1) (d)

(2) In clause (1) (d),

(3) A regulation under clause (1) (d) may,

(a) vary the application of this Act;

(b) prescribe provisions to operate in place of any part of this Act;

(4) A regulation made under clause (1) (g) may be substantive, procedural or administrative in nature. Classes

(5) A regulation may be confined in its application to a class of persons, parties or organizations. Retroactive effect

(6) A regulation may be made retroactive to a date that is not earlier than the date on which this subsection comes into force. Commencement

48. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor. Short title

49. The short title of this Act is the Public Sector Labour Relations Transition Act, 1997.