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Provincial Schools Negotiations Act

R.S.O. 1990, CHAPTER P.35

Historical version for the period June 3, 2003 to May 31, 2006.

Amended by: 1996, c. 12, s. 65; 1997, c. 31, s. 167; 2003, c. 2, s. 21.

Definitions

1. In this Act,

“agreement” means a written collective agreement made pursuant to this Act between the Authority and the employee organization in respect of matters that are negotiable under this Act; (“convention”)

“Authority” means the Provincial Schools Authority; (“Administration”)

“employee organization” means the organization that is formed pursuant to this Act by teachers; (“association d’employés”)

“principal” means a person employed in a school,

(a) who is appointed to be in charge of the school, and

(b) who is a member of the Ontario College of Teachers or whose appointment is authorized by the Minister of Education and Training; (“directeur d’école”)

“school” means a school operated by,

(a) the Ministry of Correctional Services,

(b) the Ministry of Education, or

(c) the Ministry of Health,

but does not include a summer course or a correspondence course; (“école”)

“teacher” means a person employed in a school as a teacher, but not as a supervisory officer, a principal, a vice-principal or an occasional teacher, and,

(a) who is a member of the Ontario College of Teachers, or

(b) whose appointment as a teacher is authorized by the Minister of Education and Training; (“enseignant”)

“vice-principal” means a teacher who is appointed to be in charge of a school in the absence of the principal. (“directeur adjoint”) R.S.O. 1990, c. P.35, s. 1; 1996, c. 12, s. 65; 1997, c. 31, s. 167 (1-4).

Provincial Schools Authority

2. (1) The authority known as the Provincial Schools Authority, consisting of five members appointed by the Lieutenant Governor in Council, is continued under the name of Provincial Schools Authority in English and under the name Administration des écoles provinciales in French. R.S.O. 1990, c. P.35, s. 2 (1).

Chair and vice-chair

(2) The Lieutenant Governor in Council shall designate one of the members of the Authority as chair and one as vice-chair. R.S.O. 1990, c. P.35, s. 2 (2).

Secretary

(3) The Authority shall appoint a secretary. R.S.O. 1990, c. P.35, s. 2 (3).

Remuneration

(4) The members and the secretary of the Authority shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. R.S.O. 1990, c. P.35, s. 2 (4).

Money

(5) The money required for the purposes of the Authority is payable out of money appropriated therefor by the Legislature. R.S.O. 1990, c. P.35, s. 2 (5).

Authority as employer

3. (1) The Authority employs the teachers and principals and vice-principals and none of them is a Crown employee. 1997, c. 31, s. 167 (5).

Transition

(2) The following credits and benefits stand to the credit of a teacher under the Authority’s retirement gratuity that is based upon sick leave credit:

1. The teacher’s sick leave credits under a contract of employment that vested in the Authority on July 18, 1975.

2. The teacher’s benefits under a contract of employment that vested in the Authority on July 18, 1975 respecting termination of employment. 1997, c. 31, s. 167 (5).

Principals, vice-principals

(3) A principal or a vice-principal may perform the duties of a teacher despite any provision of a collective agreement. 1997, c. 31, s. 167 (5).

(4) Repealed: R.S.O. 1990, c. P.35, s. 3 (5).

(5) Spent: 1997, c. 31, s. 167 (5).

Employment of teachers

4. (1) Subject to subsection (2), the Authority is responsible for all matters relating to the employment of teachers, and for such purpose has all the powers and is subject to the duties and liabilities of a public board under the Education Act. R.S.O. 1990, c. P.35, s. 4 (1); 1997, c. 31, s. 167 (6).

Duties of teachers

(1.1) Teachers who teach in a school operated by a Ministry referred to in the definition of “school” in section 1 have, with necessary modifications, the duties of teachers set out in the Education Act and in the regulations made under that Act. 2003, c. 2, s. 21 (1).

Administration

(2) All matters relating to administration in respect of teachers who teach in a school operated by a Ministry referred to in the definition of “school” in section 1 are the responsibility of the deputy minister of the Ministry, and each such Ministry that operates a school shall provide the salaries and benefits of the teachers of such school in accordance with the collective agreements that apply with respect to the teachers. R.S.O. 1990, c. P.35, s. 4 (2); 1997, c. 31, s. 167 (7).

(3) Repealed: 1997, c. 31, s. 167 (8).

Pensions

(4) For the purposes of the Teachers’ Pension Act, a teacher employed by the Authority shall be deemed to be employed as a teacher by the minister of a ministry of the Government of Ontario. R.S.O. 1990, c. P.35, s. 4 (4).

(5) Repealed: 1997, c. 31, s. 167 (9).

Application of Part X of Education Act

(6) Part X of the Education Act applies with necessary modifications to the teachers and to the Authority. R.S.O. 1990, c. P.35, s. 4 (6).

Application of the Labour Relations Act, 1995

5. (1) On and after January 1, 1998, the Labour Relations Act, 1995 applies with respect to collective bargaining between the Authority and the teachers that it employs. 1997, c. 31, s. 167 (10).

Strike

(1.1) For the purposes of this Act,

(a) the definition of “strike” in section 1 of the Labour Relations Act, 1995 does not apply; and

(b) “strike” includes any action or activity by teachers in combination or in concert or in accordance with a common understanding that is designed or may reasonably be expected to have the effect of curtailing, restricting, limiting or interfering with,

(i) the normal activities of the Authority or its employees,

(ii) the operation or functioning of one or more of the Authority’s schools or of one or more of the programs in one or more schools of the Authority, including but not limited to programs involving co-instructional activities, or

(iii) the performance of the duties of teachers referred to in subsection 4 (1.1),

including any withdrawal of services or work to rule by teachers acting in combination or in concert or in accordance with a common understanding. 2003, c. 2, s. 21 (2).

Teachers’ bargaining unit

(2) A bargaining unit is established and is composed of the teachers employed by the Authority. 1997, c. 31, s. 167 (10).

Same

(3) The teachers’ bargaining unit shall be deemed to be an appropriate bargaining unit. 1997, c. 31, s. 167 (10).

Bargaining agent

(4) The bargaining agent for the teachers’ bargaining unit is the employee organization that, on December 31, 1997, represents the teachers for the purposes of this Act. 1997, c. 31, s. 167 (10).

Same

(5) The bargaining agent shall be deemed to be certified as the bargaining agent for the teachers’ bargaining unit and shall be deemed to be a trade union for the purposes of the Labour Relations Act, 1995. 1997, c. 31, s. 167 (10).

Same

(6) No trade union is entitled to apply for certification as the bargaining agent for the teachers’ bargaining unit. 1997, c. 31, s. 167 (10).

Same

(7) No person is entitled to apply for a declaration that the bargaining agent no longer represents the members of the teachers’ bargaining unit. 1997, c. 31, s. 167 (10).

Closing of schools

(8) In case of a strike against the Authority or a lockout by the Authority and subject to subsection (9), the Authority may close one or more schools if it is of the opinion that,

(a) the safety of pupils may be endangered during the strike or lockout;

(b) the school building or the equipment or supplies in the building may not be adequately protected during the strike or lockout; or

(c) the strike or lockout will substantially interfere with the operation of the school. 1997, c. 31, s. 167 (10).

Approval for lock-out, closure

(9) Before closing a school or locking out members of a bargaining unit at a school, the Authority shall obtain the written approval of the minister responsible for the ministry that operates the school. 1997, c. 31, s. 167 (10).

Status of collective bargaining on January 1, 1998

6. (1) During the period beginning on January 1, 1998 and ending when the Authority and the bargaining agent enter into their first collective agreement after that date, neither party may make an application under subsection 43 (1) of the Labour Relations Act, 1995 (first agreement arbitration). 1997, c. 31, s. 167 (10).

Collective agreement

(2) An agreement between the Authority and the employee organization representing the teachers that is in force on January 1, 1998 constitutes a collective agreement for the purposes of the Labour Relations Act, 1995. 1997, c. 31, s. 167 (10).

No collective agreement

(3) If, on January 1, 1998, there is no collective agreement in force with respect to the teachers’ bargaining unit, the terms and conditions of employment of the teachers in the bargaining unit are those established under the most recent applicable agreement. 1997, c. 31, s. 167 (10).

Same

(4) If, on January 1, 1998, there is no collective agreement in force with respect to the teachers’ bargaining unit,

(a) the most recent collective agreement between the Authority and the employee organization that represented the teachers in the bargaining unit shall be deemed to be an expired collective agreement; and

(b) the Authority and the bargaining agent shall be deemed to have received a notice under clause 21 (b) of the Labour Relations Act, 1995 on December 17, 1997 that the Minister of Labour does not consider it advisable to appoint a conciliation board. 1997, c. 31, s. 167 (10).

Regulations

7. (1) The Lieutenant Governor in Council may make regulations governing terms and conditions of employment for principals and for vice-principals. 1997, c. 31, s. 167 (10).

Same

(2) A regulation may establish different requirements for different classes of principal or vice-principal. 1997, c. 31, s. 167 (10).

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