Bill 172 2005

An Act to amend
the Education Act to remove
political interference in
collective bargaining and ensure
flexibility at the local level

Note: This Act amends the Education Act. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.

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

1.  Section 277.11 of the Education Act is repealed and the following substituted:

Terms of collective agreements

277.11  (1)  A collective agreement between a board and a designated bargaining agent for a teachers' bargaining unit that is entered into on or after September 1, 2004 shall,

(a) provide for a term of operation of either two years, three years or four years; and

(b) commence on September 1 of the year in which the previous collective agreement expired.

Deemed term of operation

(2)  A collective agreement that does not provide for a term of operation in accordance with clause (1) (a) shall be deemed to provide for a term of operation as follows:

1. If the collective agreement provides for a term of operation of less than two years, it shall be deemed to provide for a term of operation of two years.

2. If the collective agreement provides for a term of operation of more than two years but less than three years, it shall be deemed to provide for a term of operation of three years.

3. If the collective agreement provides for a term of operation of more than three years but less than four years, it shall be deemed to provide for a term of operation of four years.

4. If the collective agreement provides for a term of operation of more than four years, it shall be deemed to provide for a term of operation of four years.

Terms and conditions, certain circumstances

(3)  Where the term of operation of a collective agreement is extended by subsection (2), the terms and conditions that apply immediately before the extension continue to apply during the period of the extension, unless revised under subsection 58 (5) of the Labour Relations Act, 1995.

Deemed commencement

(4)  A collective agreement that does not provide for commencement in accordance with clause (1) (b) shall be deemed to provide for it.

No extension of term

(5)  Despite subsection 58 (2) of the Labour Relations Act, 1995, no agreement may be entered into to continue the term of operation of a collective agreement or of any of its provisions beyond the term of operation of the agreement, and any renewal provision in a collective agreement that purports to do so shall be deemed to be void.

Commencement

2.  This Act comes into force on the day it receives Royal Assent.

Short title

3.  The short title of this Act is the Education Amendment Act, 2005.

EXPLANATORY NOTE

The Bill repeals and re-enacts section 277.11 of the Education Act.