Bill 73, Fair and Open Tendering Act (Labour Relations for Certain Public Sector Employers in the Construction Industry), 2013

Bill 73 2013

An Act to amend the Labour Relations Act, 1995 with respect to certain public sector employers in the construction industry

Note: This Act amends the Labour Relations Act, 1995.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

   1.  Section 125 of the Labour Relations Act, 1995 is amended by adding the following clause:

(j.1)  governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary to implement section 126.0.1;

   2.  (1)  Subsection 126 (1) of the Act is amended by adding the following definition:

"public sector employer" means,

  (a)  the corporation of a municipality in Ontario,

  (b)  a local board as defined by the Municipal Affairs Act or an authority, a board, a commission, a corporation, an office or an organization of persons, some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of the corporation of a municipality in Ontario, or

   (c)  a board as defined in the Education Act; ("employeur du secteur public")

   (2)  Section 126 of the Act is amended by adding the following subsection:

Same, public sector employer

   (1.1)  For greater certainty, the definition of "employer" in subsection (1) does not include a public sector employer.

   3.  The Act is amended by adding the following section:

Transition, public sector employers

   126.0.1  (1)  On the day this section comes into force, the following are terminated: all collective agreements made, for the purposes of sections 126 to 168, between a public sector employer, on the one hand, and a trade union or council of trade unions, on the other hand, that represents employees of the employer who are employed in the construction industry.

Certification or voluntary recognition continued

   (2)  On the day this section comes into force, the certification or voluntary recognition, for the purposes of sections 126 to 168, of all bargaining agents of the employees of a public sector employer who are employed in the construction industry are continued for the purposes of sections 1 to 125 if those sections would otherwise apply to the public sector employer.

Craft units

   (3)  For greater certainty, subsection 9 (3) governs the bargaining unit for which a trade union or council of trade unions has rights under subsection (2).

Commencement

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

Short title

   5.  The short title of this Act is the Fair and Open Tendering Act (Labour Relations for Certain Public Sector Employers in the Construction Industry), 2013.

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to clarify that the requirement for province-wide bargaining in the construction industry does not apply to certain public sector employers such as municipalities and school boards.