O. Reg. 50/18: MINISTER'S AUTHORITY AS CROWN REPRESENTATIVE
filed March 1, 2018 under School Boards Collective Bargaining Act, 2014, S.O. 2014, c. 5
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made under the
School Boards Collective Bargaining Act, 2014
Made: November 22, 2017
Filed: March 1, 2018
Published on e-Laws: March 1, 2018
Printed in The Ontario Gazette: March 17, 2018
Minister's Authority As Crown Representative
Minister’s authority to exercise powers of the Crown
1. (1) The Minister is authorized to exercise, as the representative of the Crown, the powers of the Crown under the provisions of the Act identified in Column 2 of the Table to this section.
(2) The descriptions in Column 3 of the Table indicate, for convenience of reference only, the general nature of the power under the provisions in Column 2 of the Table and shall not be construed as limiting or expanding the power under the Act.
(3) If the Act states that, in specified circumstances, a certain provision of the Act applies, with necessary modifications, and the provision is listed in the Table, the Minister is authorized to exercise the powers of the Crown in those circumstances.
TABLE
|
Column 1 Item |
Column 2 Provision of the Act |
Column 3 Description of Crown power |
|
1. |
clause 14.1 (1) (a) |
To provide assistance with local bargaining |
|
2. |
subsection 14.1 (3) |
To require a school board to inform the Crown when a memorandum of settlement of local terms has been agreed upon, and to require a school board to provide the Crown with information on the status and progress of local bargaining |
|
3. |
subsection 15 (2) |
To agree to the exercise of rights and privileges by an employer bargaining agency |
|
4. |
subsection 18 (1) |
To participate in central bargaining activities |
|
5. |
subsection 23 (6) |
To agree to the expansion of the central table to include the teachers’ bargaining unit of the Provincial Schools Authority, and to agree to joint action of the Provincial Schools Authority and the employer bargaining agency |
|
6. |
subsection 25 (3) |
To agree to exclude a matter or proposal from central bargaining, and to agree to make a matter or proposal the subject of local bargaining |
|
7. |
subsection 25 (5) |
To participate in a proceeding before the Ontario Labour Relations Board re scope of central bargaining |
|
8. |
subsection 28 (1) |
To agree to a further period within which to meet with parties at central table after notice of desire to bargain given |
|
9. |
subsection 28 (3) |
To determine a dispute about whether a matter is within the scope of local or central bargaining, with the parties at the central table |
|
10. |
subsection 28 (4) |
To apply to the Ontario Labour Relations Board re scope of central bargaining |
|
11. |
subsection 28 (5) |
To apply to the Ontario Labour Relations Board re interpretation or application of agreement or order |
|
12. |
subsection 32 (1) |
To agree to a further period within which to meet with parties at central table after scope of bargaining determined |
|
13. |
subsection 34 (5) |
To agree to a lock-out |
|
14. |
subsection 42 (1) |
To agree to the revision of central terms while a collective agreement is in operation |
|
15. |
subsection 43 (5) |
To intervene in an arbitration |
|
16. |
subsection 43 (6) |
To agree to a settlement agreement |
|
17. |
subsection 45.1 (2) |
To apply to the Ontario Labour Relations Board re conflict or inconsistency between local and central terms |
|
18. |
subsection 45.1 (3) |
To participate in a proceeding before the Ontario Labour Relations Board |
|
19. |
section 47 |
To enter into agreements or undertakings re a memorandum of settlement or to administer or implement the Act |
2. The Table to section 1 is amended by adding the following items:
|
4.1 |
subsection 20 (6) |
To apply to the Ontario Labour Relations Board for advice re central representation of employees who are not in teacher bargaining units |
|
4.2 |
subsection 20 (9) |
To apply to the Ontario Labour Relations Board for an order re central representation of employees who are not in teacher bargaining units |
Commencement
3. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.
(2) Section 2 comes into force on the day section 9 of the School Boards Collective Bargaining Amendment Act, 2017 comes into force.