chapter 38
An Act to amend the
Labour Relations Act, 1995
Assented to December 21, 2000
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. The French version of the definition of “collective agreement” in subsection 1 (1) of the Labour Relations Act, 1995, as amended by the Statutes of Ontario, 1998, chapter 8, section 1, is further amended by striking out “convention concernant un projet” and substituting “convention d’exécution de projet”.
2. (1) Subsection 7 (4) of the Act is amended by striking out “the last two months of its operation” and substituting “the last three months of its operation”.
(2) Subsection 7 (5) of the Act is repealed and the following substituted:
Same
(5) Where a collective agreement is for a term of more than three years, a trade union may apply to the Board for certification as bargaining agent of any of the employees in the bargaining unit defined in the agreement only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be.
(3) Subsection 7 (6) of the Act is amended by striking out “during the last two months of each year that it so continues to operate, or after the commencement of the last two months of its operation” and substituting “during the last three months of each year that it so continues to operate, or after the commencement of the last three months of its operation”.
(4) Subsection 7 (9) of the Act is amended by adding “Subject to subsection (9.1)” at the beginning.
(5) Section 7 of the Act is amended by adding the following subsections:
Mandatory bar
(9.1) If the trade union withdraws the application before a representation vote is taken, and that trade union had withdrawn a previous application under this section not more than six months earlier, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year has elapsed after the second application was withdrawn.
Exception
(9.2) Subsection (9.1) does not apply if the trade union that withdrew the application is a trade union that the Board is prohibited from certifying under section 15.
Same
(9.3) Despite subsection (9.1), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
(6) Subsection 7 (10) of the Act is repealed and the following substituted:
Same
(10) If the trade union withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is withdrawn.
Same
(10.1) Despite subsection (10), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
Exception
(10.2) Subsection (10) does not apply if the trade union that withdrew the application is a trade union that the Board is prohibited from certifying under section 15.
3. (1) Paragraphs 1 and 2 of subsection 8.1 (5) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 3, are repealed and the following substituted:
1. The Board shall not certify the trade union as the bargaining agent or dismiss the application for certification except as allowed under paragraph 2 or as required under paragraph 8.
2. If the Board did not direct that the ballot boxes be sealed, the Board may dismiss the application for certification.
(2) Subparagraph 8 ii of subsection 8.1 (5) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 3, is repealed and the following substituted:
ii. the Board shall either certify the trade union or dismiss the application for certification.
4. Subsection 10 (3) of the Act is repealed and the following substituted:
Bar to reapplying
(3) If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is dismissed.
Same
(3.1) Despite subsection (3), the Board may consider an application for certification by a trade union as the bargaining agent for employees in a bargaining unit that includes an employee who was in the bargaining unit proposed in the original application if,
(a) the position of the employee at the time the original application was made was different from his or her position at the time the new application was made; and
(b) the employee would not have been in the bargaining unit proposed in the new application had he or she still been occupying the original position when the new application was made.
Exception
(3.2) Subsection (3) does not apply if the trade union whose application was dismissed is a trade union that the Board is prohibited from certifying under section 15.
5. Subsection 43 (23) of the Act is repealed and the following substituted:
Definitions
(23) In subsections (23.1) to (23.4),
“decertification application” means an application for a declaration that a trade union no longer represents the employees in a bargaining unit; (“requête en révocation de l’accréditation”)
“displacement application” means an application for certification by a trade union, other than the trade union that represents the employees in a bargaining unit, as bargaining agent for those employees. (“requête en substitution”)
Application of subs. (23.2)
(23.1) Subsection (23.2) applies if,
(a) a decertification application or displacement application has been filed with the Board and before a final decision is made on it an application under subsection (1) is filed with the Board; or
(b) an application under subsection (1) has been filed with the Board and before a final decision is made on it a decertification application or displacement application is filed with the Board.
Procedure in dealing with multiple applications
(23.2) The Board shall proceed to deal with the decertification application or displacement application, as the case may be, before dealing with or continuing to deal with the application under subsection (1).
When application under subsection (1) to be dismissed
(23.3) If the Board grants the decertification application or displacement application, it shall dismiss the application under subsection (1).
When application under subsection (1) proceeds
(23.4) If the Board dismisses the decertification application or displacement application, it shall proceed to deal with the application under subsection (1).
Transitional
(23.5) Subsections (23.2) to (23.4) apply with respect to an application referred to in those subsections that was filed with the Board before the day on which the Labour Relations Amendment Act, 2000 received Royal Assent only if the Board has not made a final decision on that application before that day.
6. Subsection 44 (3) of the Act is repealed and the following substituted:
Vote
(3) Subject to section 79.1, a proposed collective agreement or memorandum of settlement is ratified if a vote is taken in accordance with subsections 79 (7) to (9) and more than 50 per cent of those voting vote in favour of ratifying the agreement or memorandum.
7. Subsection 48 (19) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
8. (1) Subsection 63 (2) of the Act is repealed and the following substituted:
Same, agreement
(2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,
(a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation;
(b) in the case of a collective agreement for a term of more than three years, only after the commencement of the 34th month of its operation and before the commencement of the 37th month of its operation and during the three-month period immediately preceding the end of each year that the agreement continues to operate thereafter or after the commencement of the last three months of its operation, as the case may be;
(c) in the case of a collective agreement referred to in clause (a) or (b) that provides that it will continue to operate for any further term or successive terms if either party fails to give to the other notice of termination or of its desire to bargain with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement, only during the last three months of each year that it so continues to operate or after the commencement of the last three months of its operation, as the case may be.
(2) Section 63 of the Act is amended by adding the following subsection:
Activity permitted under s. 63.1
(16.1) An employer or person acting on behalf of an employer shall not be found to have initiated the application because the employer did anything that is permitted by subsection 63.1 (4).
9. The Act is amended by adding the following section:
Document concerning
decertification information
63.1 (1) Within one year after the day the Labour Relations Amendment Act, 2000 receives Royal Assent, the Minister shall cause to be prepared and published a document describing the process for making an application for a declaration that the trade union no longer represents the employees in a bargaining unit under section 63.
Same
(2) If the Minister believes that a document published under this section has become out of date because of amendments to this Act or the regulations made under it, any rules made by the chair of the Board under subsection 110 (17) or a ruling or decision of the Board or a court, the Minister shall cause a new document to be prepared and published within one year after the previous document becomes out of date.
Content of document
(3) The document shall explain who may make an application, when an application may be made and the procedure, as set out in this Act and in any rules made by the chair of the Board under subsection 110 (17), that the Board follows in dealing with an application.
Document to be posted
(4) An employer with respect to whom a trade union has been certified as a bargaining agent for the employees of the employer in a bargaining unit or who has recognized a trade union as the exclusive bargaining agent for the employees of the employer in a bargaining unit shall use reasonable efforts,
(a) to post and keep posted a copy of a document published under this section in a conspicuous place in every workplace of the employer at which employees represented by the trade union perform work;
(b) to post and keep posted with that copy a notice that any employee represented by the trade union may request a copy of the document from the employer;
(c) once in each calendar year, to provide a copy of the document to all employees of the employer who are represented by the trade union; and
(d) upon the request of an employee of the employer who is represented by the trade union, to provide a copy of the document to him or her, even though the employer has previously provided or will subsequently provide the employee with a copy of the document under clause (c).
Same
(5) An employer shall not be found to be in violation of this Act as a result of doing anything set out in subsection (4).
10. Subsection 79 (4) of the Act is amended by adding “Subject to section 79.1” at the beginning.
11. The Act is amended by adding the following section:
First collective agreement
ballot questions
79.1 (1) Subsections (2) and (3) apply where no collective agreement has previously been in operation.
Ratification vote
(2) A question on a ballot used in a vote to ratify a proposed collective agreement or memorandum of settlement shall be limited to giving the persons entitled to vote a choice between ratifying the proposed collective agreement or memorandum of settlement and not ratifying the proposed collective agreement or memorandum of settlement and shall make no direct or indirect reference to the calling of a strike.
Strike vote
(3) A question on a ballot used in a strike vote shall be limited to giving the persons entitled to vote a choice between authorizing the calling of a strike and not authorizing the calling of a strike and shall make no direct or indirect reference to ratification of a proposed collective agreement or memorandum of settlement.
12. The Act is amended by adding the following section:
Definitions
92.1 (1) In this section,
“benefits”, with respect to an employee of a trade union, means the total of each amount that the employee,
(a) is required by subsection 6 (1) of the Income Tax Act (Canada) to include in income from an office or employment, or
(b) is required by section 6 of that Act, except subsection 6 (1), (3) or (11), to include in income from an office or employment as a benefit, within the meaning of that Act, or as an amount in respect of a group term life insurance policy; (“avantages”)
“employee”, with respect to a trade union, includes a director or officer of the trade union; (“employé”)
“local trade union” means, in relation to a parent trade union, a trade union in Ontario that is affiliated with or subordinate or directly related to the parent trade union and includes a council of trade unions; (“syndicat local”)
“parent trade union” means a provincial, national or international trade union which has at least one affiliated local trade union in Ontario that is subordinate or directly related to it; (“syndicat parent”)
“public accountant” means a person licensed under the Public Accountancy Act or a firm whose partners are licensed under that Act; (“comptable public”)
“salary” means the total of each amount received by an employee that is,
(a) an amount required by section 5 of the Income Tax Act (Canada) to be included in the employee’s income from an office or employment,
(b) an amount deemed by subsection 6 (3) of that Act to be remuneration of the employee for purposes of section 5 of that Act, or
(c) an amount received by the employee by reason of his or her right to receive a deferred amount under a salary deferral arrangement referred to in subsection 6 (11) of that Act; (“traitement”)
“trade union” includes, despite section 3,
(a) a designated bargaining agent as defined in section 277.1 of the Education Act,
(b) a bargaining agent for firefighters under Part IX of the Fire Protection and Prevention Act, 1997,
(c) a bargaining agent for employees under the Crown Employees Collective Bargaining Act, 1993,
(d) an employee organization as defined in section 1 of the Colleges Collective Bargaining Act,
(e) an association as defined in section 2 of the Police Services Act,
(f) an Association as defined in subsection 26 (1) of the Public Service Act, and
(g) any other prescribed organizations that represent the interests of trade unions or employees. (“syndicat”)
Request for salary disclosure
(2) Beginning in 2001, any individual represented by a trade union may make a written request to the trade union to inform him or her of,
(a) the names of all of the employees to whom or in respect of whom it paid a salary and benefits totalling $100,000 or more in the previous year; and
(b) the total amount of salary and benefits that it paid to or in respect of each of those employees.
Individual represented by local union
(3) If an individual represented by a local trade union makes a request to it under subsection (2) and its parent trade union has an office in Ontario, the local trade union shall convey the request to its parent trade union within 10 days after the day on which the request was made.
Salary disclosure statement
(4) A trade union shall provide to the Minister and to every individual who makes a request under subsection (2) a written statement setting out the amount of salary and benefits that it paid in the previous year to or in respect of every employee to whom or in respect of whom it paid a salary and benefits totalling $100,000 or more.
Notice
(5) At least two weeks before providing a statement to the Minister under subsection (4), the trade union shall give written notice to each employee to whom the information in the statement relates of its intention to provide the statement.
Same
(6) If the trade union did not pay a total of $100,000 or more in salary and benefits to or in respect of any employee in the previous year, the trade union shall provide to the Minister and to every individual who makes a request under subsection (2) a written statement, certified by the trade union’s highest ranking officer, stating that fact.
Request conveyed by local union
(7) If a local trade union conveys a request to its parent trade union under subsection (3), the parent trade union shall comply with subsections (4), (5) and (6) as if the request had been made to it by the individual.
Timing of statement
(8) A trade union shall provide a statement under subsection (4) or (6) with respect to a year to the Minister by April 1 of the following year.
Timing: individual request
(9) Subject to subsection (10), a trade union shall provide a statement under subsection (4) or (6) with respect to a year to an individual who makes a request under subsection (2) within 60 days after the day on which the request was made.
Exception
(10) A trade union is not required to provide the statement referred to in subsection (9) before April 1 of the following year.
Parent and local trade unions
(11) In determining whether the sum of an employee’s salary and benefits totalled $100,000 or more, if the employee is an employee of both a parent trade union having an office in Ontario and a local trade union and the sum of the salaries and benefits paid by them to or in respect of the employee totalled $100,000 or more, that total amount shall be deemed to have been paid by the parent trade union for the purposes of this section.
Obligations of local trade union
(12) Every local trade union that has a parent trade union that has an office in Ontario shall provide to its parent trade union a list of the local trade union’s employees showing the information described in subsection (13) with respect to a year by March 15 of the following year.
Contents of statement or list
(13) Any statement required to be disclosed by a trade union under subsection (4) and any list that a local trade union is required to provide to its parent trade union under subsection (12) shall,
(a) indicate the year to which the information in it relates;
(b) list employees alphabetically by surname; and
(c) show for each employee,
(i) the employee’s name as shown on the payroll records of the trade union,
(ii) the office or position last held by the employee with the trade union in the year,
(iii) the amount of salary that the trade union paid to the employee in the year, and
(iv) the amount of benefits reported to the Canada Customs and Revenue Agency under the Income Tax Act (Canada) for the employee in the year.
List
(14) A trade union that provides a statement under subsection (4) or (6) shall keep a list of the names and addresses of the individuals to whom it provided the statement.
No copyright
(15) There is no copyright with regard to a statement mentioned in this section or a list under subsection (12) and the information contained in the statement or list may be published by the Minister and anyone who receives a copy of it.
FIPPA or agreement not breached
(16) The disclosure of information in accordance with this section, or in the reasonable belief that the disclosure is required by this Act, shall not be deemed by any court or person,
(a) to contravene the Freedom of Information and Protection of Privacy Act; or
(b) to be in breach of or contrary to any agreement that purports to restrict or prohibit that disclosure regardless of whether the agreement is made before or after the day the Labour Relations Amendment Act, 2000 receives Royal Assent.
Same
(17) Subsection 39 (2) of the Freedom of Information and Protection of Privacy Act does not apply with respect to information provided under this section.
Complaint to Board
(18) The Minister or an individual represented by a trade union may file a written complaint to the Board that,
(a) the trade union has failed to provide a statement in accordance with this section; or
(b) the trade union has provided a statement under this section that is inaccurate or incomplete.
Same
(19) A parent trade union may file a written complaint to the Board that,
(a) a local trade union has failed to provide a list in accordance with subsection (12); or
(b) a local trade union has provided a list under subsection (12) that is inaccurate or incomplete.
Failure to provide statement
(20) If the Board receives a complaint under clause (18) (a), the Board may inquire into the complaint and, if it finds that the statement was not provided as required, the Board shall order the trade union to provide the statement to the complainant and, if the Minister was not the complainant, to the Minister.
Failure to provide list
(21) If the Board receives a complaint under clause (19) (a), the Board may inquire into the complaint and, if it finds that the list was not provided as required, the Board shall order the local trade union to provide the list to the parent trade union.
Same
(22) In an order under subsection (20) or (21), the Board may also order the trade union to have its financial records audited and its statement or list certified by a public accountant before providing the statement or list to the complainant, the Minister or the parent trade union, as the case may be.
Inaccurate statement
(23) If the Board receives a complaint under clause (18) (b), the Board may inquire into the complaint and,
(a) before or after making a decision with respect to the complaint, may order the trade union to have its financial records audited by a public accountant; and
(b) if the Board upholds the complaint, may order the trade union to provide an accurate and complete statement certified by a public accountant to every individual represented by the trade union and to the Minister.
Inaccurate list
(24) If the Board receives a complaint under clause (19) (b), the Board may inquire into the complaint and,
(a) before or after making a decision with respect to the complaint, may order the local trade union to have its financial records audited by a public accountant; and
(b) if the Board upholds the complaint, may order the local trade union to provide an accurate and complete list certified by a public accountant to the parent trade union.
Costs
(25) The trade union responsible for providing a statement or list under this section shall bear the costs of preparing the statement or list and of any related audits and certifications of a public accountant required under this section.
Regulations
(26) The Lieutenant Governor in Council may make regulations,
(a) prescribing organizations for purposes of clause (g) of the definition of “trade union” in subsection (1);
(b) exempting any trade union or class of trade unions from the application of this section.
13. Subsection 96 (6) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
14. Subsection 99 (10) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
15. Section 102 of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
16. Section 108 of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
17. (1) Section 110 of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 11, is further amended by adding the following subsection:
Same
(14.1) Despite subsections (9), (10), (11) and (14), the chair shall sit alone or shall authorize a vice-chair to sit alone to hear and determine a matter under section 74 and to exercise all of the powers of the Board when doing so, except when the chair considers it inadvisable for the chair or a vice-chair to sit alone.
(2) Subsection 110 (15) of the Act is repealed and the following substituted:
Same
(15) For the purposes of subsections (14) and (14.1), if the chair is absent or not able to act, the alternate chair may act in his or her stead.
18. The Act is amended by adding the following section:
When no decision, etc., after six months
115.1 (1) This section applies if the Board has commenced a hearing in a proceeding, six months or more have passed since the last day of hearing and a decision, order, direction, declaration or ruling of the Board has not been made.
Termination of proceeding
(2) On the application of a party in the proceeding, the chair may terminate the proceeding.
Re-institution of proceeding
(3) If a proceeding is terminated according to subsection (2), the chair shall re-institute the proceeding upon such terms and conditions as the chair considers appropriate, subject to subsection (4).
Heard by different Board members
(4) Despite subsections 110 (9), (14) and (14.1), the re-instituted proceeding shall be heard by a member or members of the Board, as the case may be, who are different than those who heard the proceeding before its re-institution.
19. Subsection 120 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 14, is repealed and the following substituted:
Competency as a witness
(1) The following persons are not competent or compellable witnesses before a court or tribunal respecting any information or material furnished to or received by them while being involved in an endeavour to effect a collective agreement:
1. The Minister.
2. A deputy minister in the Ministry of Labour.
3. An assistant deputy minister of Labour.
4. The Director of Labour Management Services.
5. The chair or a member of a conciliation board.
6. Any other person appointed by the Minister under this Act or authorized in writing by the Director of Labour Management Services.
20. Subsection 122 (3) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
21. (1) Clause 125 (l) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
(2) Clause 125 (l.2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 15, is repealed and the following substituted:
(l.2) designating projects in the construction industry that are not industrial projects as projects that may be the subject of a project agreement under section 163.1 or 163.1.1 and providing for section 163.1 or 163.1.1, as the case may be, to apply with respect to those projects, and prescribing modifications to those provisions for the purpose.
(3) The French version of clause 125 (l.3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 15, is amended by striking out “convention proposée concernant un projet” and substituting “convention d’exécution de projet proposée”.
22. (1) Subsection 126 (1) of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 16 and 2000, chapter 24, section 2, is further amended by striking out “In this section and in sections 127 to 168” at the beginning and substituting “In this section and in sections 126.1 to 168”.
(2) The definition of “non-construction employer” in section 126 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 16, is repealed and the following substituted:
“non-construction employer” means an employer who does no work in the construction industry for which the employer expects compensation from an unrelated person. (“employeur extérieur à l’industrie de la construction”)
23. The Act is amended by adding the following section:
Construction industry, application
126.1 (1) Sections 126 to 168 set out special rules with respect to the construction industry.
Same
(2) Sections 1 to 125 also apply with respect to the construction industry.
Resolving conflict
(3) If there is a conflict with respect to the application of provisions of this Act with respect to the construction industry, it shall be resolved as follows:
1. A provision in sections 126 to 144 prevails over a provision in sections 7 to 63 and 68 to 125.
2. A provision in sections 146 to 150 prevails over any other provision of this Act.
3. A provision in sections 150.1 to 167 prevails over a provision in sections 7 to 63 and 68 to 144.
24. Section 127 of the Act is repealed.
25. Subsection 127.2 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 17, is repealed and the following substituted:
Declaration
(2) On the application of a non-construction employer, the Board shall declare that a trade union no longer represents those employees of the non-construction employer employed in the construction industry.
26. Subsections 132 (2) and (3) of the Act are repealed and the following substituted:
Agreement
(2) Any of the employees in the bargaining unit defined in a first agreement between an employer and a trade union, where the trade union has not been certified as the bargaining agent of the employees of the employer in the bargaining unit, may apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit after the 275th day of its operation and before the 365th day of its operation.
27. Subsection 137 (7) of the Act is amended by striking out “despite subsection 58 (1)” at the end.
28. (1) The French version of subsection 144 (3) of the Act, as amended by the Statutes of Ontario, 1998, chapter 8, section 19, is further amended by striking out “convention concernant un projet” wherever it occurs and substituting in each case “convention d’exécution de projet”.
(2) Subsection 144 (4) of the Act is amended by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”.
29. Subsection 145 (2) of the Act is repealed.
30. (1) Subsection (2) applies only if An Act to amend the Labour Relations Act, 1995 in relation to the construction industry, being Bill 69 of the 1st Session of the 37th Legislature, is enacted.
(2) Subsection 150.1 (3.1) of the Act, as set out in section 3 of Bill 69, as reprinted to show the amendments reported to the Legislative Assembly on May 30, 2000, is amended by striking out “Despite subsection 59 (1)” at the beginning.
31. Section 152 of the Act is repealed.
32. Subsection 159 (3) of the Act is repealed.
33. Subsection 160 (2) of the Act is repealed.
34. (1) Subsection 161 (2) of the Act is amended by striking out “Despite subsection 58 (1)” at the beginning.
(2) Subsection 161 (5) of the Act is amended by striking out “Despite subsection 58 (1)” at the beginning.
35. (1) Subsection 163.1 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is amended by striking out the portion before paragraph 1 and substituting the following:
Project agreements
(1) A proponent of a construction project or a group of construction projects who believes that the project or projects are economically significant and who wishes to have a project agreement for the project or projects shall do the following:
. . . . .
(2) Paragraph 2 of subsection 163.1 (1) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is repealed and the following substituted:
2. Give each bargaining agent on the list a notice that the proponent wishes to have a project agreement and include with the notice a copy of the list, a general description of each of the projects which are proposed to be covered under the agreement and the estimated cost of each project.
(3) Paragraph 2 of subsection 163.1 (2) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is repealed and the following substituted:
2. A bargaining agent may be included on the list only if the proponent anticipates that any project that is proposed to be covered under the project agreement may include work within the bargaining agent’s geographic jurisdiction for which the bargaining agent would select, refer, assign, designate or schedule persons for employment.
(4) Subsection 163.1 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is amended by striking out the portion before paragraph 1 and substituting the following:
Objection to Board
(3) A bargaining agent on the list may apply to the Board for an order that a project may not be the subject of a project agreement and the following apply with respect to such an application:
. . . . .
(5) The French version of subsection 163.1 (3) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is amended,
(a) by striking out “convention concernant un projet” in paragraph 1 and substituting “convention d’exécution de projet”; and
(b) by striking out “convention” in paragraphs 4 and 5 and substituting in each case “convention d’exécution de projet”.
(6) Subsection 163.1 (4) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is repealed and the following substituted:
Contents of project agreement
(4) A project agreement must contain,
(a) a general description of each project covered under the project agreement; and
(b) a term providing that the agreement is in effect until every project covered under the agreement is completed or abandoned.
Same
(4.1) A project agreement may contain a term providing that additional projects may be added to and governed by the project agreement.
(7) The French version of section 163.1 of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, is amended,
(a) by striking out “convention proposée concernant un projet” in subsections (5) and (9) and substituting in each case “convention d’exécution de projet proposée”;
(b) by striking out “convention proposée concernant le projet” wherever it occurs in subsections (7), (9) and (12) and substituting in each case “convention d’exécution de projet proposée”;
(c) by striking out “convention concernant un projet” in subsections (8) and (14) and substituting in each case “convention d’exécution de projet”; and
(d) by striking out “convention concernant le projet” wherever it occurs in subsections (9), (10), (11) and (14) and substituting in each case “convention d’exécution de projet”.
(8) Subsections 163.1 (15), (16) and (17) of the Act, as enacted by the Statutes of Ontario, 1998, chapter 8, section 21, are repealed and the following substituted:
Application of subs. (16)
(15) Subsection (16) applies if,
(a) a trade union is a bargaining agent that received notice of the coming into force of a project agreement under subsection (11);
(b) the trade union does not have bargaining rights with respect to employees of an employer; and
(c) the employer employs members of the trade union to perform work on a project that is governed by that project agreement.
No certification or voluntary recognition
(16) Regardless of whether the work the members of the trade union perform is inside or outside of the construction industry, if the circumstances set out in subsection (15) apply,
(a) the employment of the members of the trade union before the project is completed or abandoned shall not be considered in any application for certification by the trade union with respect to the employer; and
(b) any agreement under which the employer agrees to employ only members of the trade union for that work before the project is completed or abandoned but not afterwards shall be deemed not to be an agreement voluntarily recognizing the trade union as the exclusive bargaining agent of those employees.
Not voluntary recognition
(16.1) A person shall be deemed not to have voluntarily recognized a trade union as an exclusive bargaining agent if,
(a) the person is a party to an agreement or operates under an agreement under which an employer agrees to employ members of the trade union to perform work, regardless of whether the work is inside or outside of the construction industry;
(b) the trade union is a bargaining agent to which notice of the coming into force of a project agreement was given under subsection (11); and
(c) the agreement includes work on a project to which the project agreement applies.
Not party to collective agreement
(17) The proponent and, if the proponent is an agent, the person who owns or has an interest in the land for which the project is planned, are not, only by reason of being a party or operating under the project agreement or an agreement that includes work on the project, parties to any collective agreement.
Same, project agreement
(17.1) Subsections (15) to (17) apply with respect to agreements entered into before the day subsection 35 (8) of the Labour Relations Amendment Act, 2000 is proclaimed in force.
36. The Act is amended by adding the following section:
Adding new project to agreement
163.1.1 (1) This section applies if,
(a) the proponent under an existing project agreement believes that a new construction project that is not included in the agreement is economically significant;
(b) the proponent wishes to add the new project to be governed by the project agreement; and
(c) the project agreement contains a term providing that additional projects may be added to and governed by the project agreement.
Notice to be given
(2) The proponent shall do the following:
1. Give notice that the proponent wishes to add a new project to be governed by an existing project agreement to the bargaining agents, employee bargaining agencies and employer bargaining agencies that received notice under subsection 163.1 (11).
2. Include with the notice a copy of the existing project agreement and a general description of the new project and its estimated cost.
3. Give the Board a copy of the notice and evidence, in the form required by the Board, that the notice has been given to each bargaining agent entitled to receive notice.
Challenge
(3) A bargaining agent entitled to receive notice under subsection (2) may apply to the Board for an order that the new project may not be the subject of the project agreement.
Same
(4) Subsection 163.1 (3) applies, with necessary modifications, to an application under subsection (3).
Application by bargaining agent
(5) A bargaining agent entitled to receive notice under subsection (2) may challenge the proposed addition of the new project to the existing project agreement by giving notice to the Board within 10 days after the Board receives a copy of the notice and evidence under paragraph 3 of subsection (2).
Decision of Board
(6) In a challenge under subsection (5), the Board shall make an order declaring that the new project shall not be added to the existing project agreement if the Board makes either of the following findings:
1. The project agreement does not contain a term that additional projects may be added to and governed by the project agreement.
2. The requirements in subsection (2) have not been satisfied and the failure to satisfy the requirements affected the bargaining agent making the challenge.
Same
(7) If the Board does not make any of the findings set out in subsection (6), the Board shall dismiss the challenge.
Notice that new project added
(8) The proponent may give notice to the bargaining agents, employee bargaining agencies and employer bargaining agencies specified in subsection (2) that the new project has been added to be governed by the project agreement if,
(a) no application was made under subsection (3) within the time for making such an application;
(b) no challenge is made under subsection (5) within the time for making such a challenge; or
(c) the Board has dismissed any applications or challenges made under those subsections.
Effect of notice
(9) The following apply upon the proponent giving the notice under subsection (8):
1. The new project is added to the project agreement.
2. Subsections 163.1 (14), (15), (16) and (16.1) apply with respect to the new project on and after the day it is added to the project agreement.
Notice that new project not added
(10) If the Board grants an application made under subsection (3) or makes an order under subsection (6), the proponent shall give notice to the bargaining agents, employee bargaining agencies and employer bargaining agencies specified in subsection (2) that the new project has not been added to the project agreement.
Previous agreements re more than one project
(11) Multiple projects and the addition of new projects under a project agreement described in subsection (13) shall be governed in accordance with the project agreement and not in accordance with section 163.1 and subsections (1) to (10).
Previous agreements deemed valid
(12) The provisions in a project agreement described in subsection (13) dealing with multiple projects and the addition of new projects shall be deemed to be valid.
Same
(13) Subsections (11) and (12) apply with respect to a project agreement if notice was given under subsection 163.1 (11) with respect to the project agreement before November 2, 2000.
37. (1) Subsection (2) applies only if An Act to amend the Labour Relations Act, 1995 in relation to the construction industry, being Bill 69 of the 1st Session of the 37th Legislature, is enacted.
(2) The French version of subsection 163.5 (10) of the Act, as set out in section 8 of Bill 69, as reprinted to show the amendments reported to the Legislative Assembly on May 30, 2000, is amended by striking out “conventions concernant un projet” and substituting “conventions d’exécution de projet”.
38. Section 166 of the Act, as re-enacted by the Statutes of Ontario, 1998, chapter 8, section 22, is repealed and the following substituted:
Application re sector
166. (1) A trade union, council of trade unions, or an employer or employers’ organization may apply to the Board for a determination of any question that arises as to what sector of the construction industry work performed or to be performed by employees is in.
Withdraw application
(2) The applicant may withdraw an application under subsection (1) upon such conditions as the Board may determine.
Board to inquire
(3) The Board may inquire into an application made under this section.
No hearing
(4) The Board is not required to hold a hearing to make any determination under this section.
Meeting of representatives
(5) Representatives of the trade union or council of trade unions and of the employer or employers’ organization or their substitutes shall promptly meet and attempt to settle the matters raised in the application and shall report the outcome to the Board.
Interim or final order
(6) The Board may make any interim or final order it considers appropriate after consulting with the parties.
Cease and desist order
(7) In an interim order or after making an interim order, the Board may order any person, trade union, council of trade unions or employers’ organization to cease and desist from doing anything intended or likely to interfere with the terms of an interim order.
Filing in court
(8) A party to an interim or final order may file it, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as such.
When enforceable
(9) An order that has been filed with the court is enforceable by a person, trade union, council of trade unions or employers’ organization affected by it on or after the day after the date fixed in the order for compliance.
Compliance
(10) A person, trade union, council of trade unions or employers’ organization affected by an interim order made by the Board under this section shall comply with it despite any provision of this Act.
Effect of compliance
(11) A person, trade union, council of trade unions or employers’ organization that is complying with an interim order made by the Board under this section shall be deemed not to have violated any provision of this Act or of any collective agreement by doing so.
39. (1) Subsection 1 (2) of the Hospital Labour Disputes Arbitration Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(2) Subsection 2 (1) of the Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(3) Subsection 2 (2) of the Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(4) Subsection 3 (1) of the Act, as re-enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 4, is amended by striking out “sections 19 and 20 of that Act” and substituting “sections 19 and 21 of that Act”.
(5) Subsection 6 (19) of the Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(6) Subsection 10 (1) of the Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(7) Subsection 10 (7) of the Act is amended by striking out “Labour Relations Act” and substituting “Labour Relations Act, 1995”.
(8) Clause 10 (11) (a) of the Act is amended by striking out “section 14 of the Labour Relations Act” and substituting “section 16 of the Labour Relations Act, 1995”.
(9) Clause 10 (11) (b) of the Act is amended by striking out “section 54 of the Labour Relations Act” and substituting “section 59 of the Labour Relations Act, 1995”.
(10) Subsection 10 (12) of the Act is amended by striking out “subsection 5 (4), subsection 54 (1) and subsection 58 (2) of the Labour Relations Act” and substituting “subsections 7 (4), 59 (1) and 63 (2) of the Labour Relations Act, 1995”.
(11) Clause 10 (13) (a) of the Act is amended by striking out “section 14 of the Labour Relations Act” and substituting “section 16 of the Labour Relations Act, 1995”.
(12) Clause 10 (13) (b) of the Act is amended by striking out “section 54 of the Labour Relations Act” and substituting “section 59 of the Labour Relations Act, 1995”.
Commencement
40. (1) Subject to subsection (2), this Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
(2) If Bill 69 of the 1st Session of the 37th Legislature is enacted,
(a) sections 23 and 30 come into force on the later of the day section 3 of Bill 69 is proclaimed in force and the day this Act receives Royal Assent; and
(b) section 37 comes into force on the later of the day section 8 of Bill 69 is proclaimed in force and the day section 35 of this Act is proclaimed in force.
Short title
41. The short title of this Act is the Labour Relations Amendment Act, 2000.