Ambulance Services Collective Bargaining Act, 2001, S.O. 2001, c. 10

• Jurisdiction: Ontario

Ambulance Services Collective Bargaining Act, 2001

S.O. 2001, CHAPTER 10

Consolidation Period: From March 26, 2019 to the e-Laws currency date.

Last amendment: 2019, c. 1, Sched. 4, s. 1.

CONTENTS

Definitions

1 (1) In this Act,

“ambulance” has the same meaning as in the Ambulance Act; (“ambulance”)

“ambulance worker” means,

(a) an employee who is an emergency medical attendant or a paramedic, as defined in the Ambulance Act,

(b) an employee whose duties include dispatching ambulances, or

(c) an employee prescribed as an ambulance worker by a regulation made under this Act; (“préposé aux services d’ambulance”)

“Board” means the Ontario Labour Relations Board; (“Commission”)

“employer” means an employer of ambulance workers; (“employeur”)

“essential ambulance services” means,

(a) ambulance services provided to,

(i) persons who have suffered a trauma or an acute onset of illness, either of which could endanger their life, limb or functioning, or

(ii) persons who have been judged by a physician or a physician’s delegate to be in an unstable medical condition and to require, while being transported, both the care of a physician, a nurse, another health care provider, an emergency medical attendant or a paramedic and the use of a stretcher,

(b) call-taking and dispatching services required for the provision of ambulance services,

(c) if the employer provides integrated dispatching services, call-taking and dispatching services required for the provision of fire protection services or policing or both,

(d) work that is incidental to a service described in clause (a), (b) or (c),

(e) work that is performed on or in connection with an ambulance to protect health or safety, or

(f) the prescribed services; (“services d’ambulance essentiels”)

“essential ambulance services agreement” means an essential ambulance services agreement under section 4; (“entente sur les services d’ambulance essentiels”)

“integrated dispatching services” means call-taking and dispatching services required for the provision of ambulance services and provided together with call-taking and dispatching services required for the provision of fire protection services or policing or both; (“services de répartition intégrés”)

“Minister” means the Minister of Labour; (“ministre”)

“prescribed” means prescribed by the regulations made under this Act. (“prescrit”) 2001, c. 10, s. 1 (1); 2019, c. 1, Sched. 4, s. 1.

Interpretation

(2) Expressions used in this Act have the same meaning as in the Labour Relations Act, 1995 unless the context requires otherwise. 2001, c. 10, s. 1 (2).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 5, s. 1 (1, 2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 1 (1, 2) - 26/03/2019

Application

2 (1) Subject to subsections (2) to (4), this Act applies with respect to the following employers, employers’ organizations, trade unions, councils of trade unions and employees if the Labour Relations Act, 1995 also applies with respect to their collective bargaining:

1. Employers who employ ambulance workers and employers’ organizations that represent those employers.

2. Trade unions and councils of trade unions that act as bargaining agents for employees in a bargaining unit that includes those ambulance workers.

3. The employees in a bargaining unit that includes those ambulance workers. 2001, c. 10, s. 2 (1).

Crown Employees Collective Bargaining Act, 1993

(2) This Act does not apply with respect to employers, employers’ organizations, trade unions, councils of trade unions, and employees described in subsection (1) if the Crown Employees Collective Bargaining Act, 1993 applies with respect to them. 2001, c. 10, s. 2 (2).

Hospital Labour Disputes Arbitration Act

(3) This Act does not apply with respect to employers, employers’ organizations, trade unions, councils of trade unions and employees described in subsection (1) if the Hospital Labour Disputes Arbitration Act applies with respect to them. 2001, c. 10, s. 2 (3).

Air ambulances

(4) This Act applies with respect to the provision of air ambulance services only if and to the extent that the regulations provide. 2001, c. 10, s. 2 (4).

Conflict with Labour Relations Act, 1995

(5) If there is a conflict between this Act and the Labour Relations Act, 1995 with respect to employers, employers’ organizations, trade unions, councils of trade unions or employees to whom this Act applies, this Act governs. 2001, c. 10, s. 2 (5).

Essential ambulance services agreement required

3 (1) An employer and a trade union who are bound by a collective agreement or who are negotiating a first collective agreement shall negotiate an essential ambulance services agreement. 2001, c. 10, s. 3 (1).

Timing

(2) If they are bound by a collective agreement, they shall begin to negotiate an essential ambulance services agreement no later than 180 days before the collective agreement expires. 2001, c. 10, s. 3 (2).

Same

(3) If they have never had a collective agreement, they shall begin to negotiate an essential ambulance services agreement,

(a) no later than 15 days after notice is given under section 16 of the Labour Relations Act, 1995; or

(b) if no notice was given under that section but the parties have met and bargained, no later than 15 days after their first meeting. 2001, c. 10, s. 3 (3).

Same

(4) An employer and a trade union may begin to negotiate an essential ambulance services agreement at a time later than that required under subsection (2) or (3) if they agree to do so. 2001, c. 10, s. 3 (4).

Duty to bargain

(5) They shall bargain in good faith and make every reasonable effort to make an essential ambulance services agreement. 2001, c. 10, s. 3 (5).

Employers’ organizations

(6) If an employer is represented in collective bargaining by an employers’ organization, the employers’ organization may negotiate and make an essential ambulance services agreement on the employer’s behalf. 2001, c. 10, s. 3 (6).

Council of trade unions

(7) If a trade union is represented in collective bargaining by a council of trade unions, the council of trade unions may negotiate and make an essential ambulance services agreement on the trade union’s behalf. 2001, c. 10, s. 3 (7).

Terms of agreement

4 (1) An essential ambulance services agreement shall,

(a) set out the number of ambulance workers who are required to provide essential ambulance services;

(b) provide that the required number of ambulance workers shall continue working during any strike or lock-out of employees in the bargaining unit of which they are members;

(c) for the purposes of the definition of “essential ambulance services” in subsection 1 (1),

(i) specify the work that is incidental to a service for the purposes of clause (d) of that definition,

(ii) specify the work that is performed on or in connection with an ambulance to protect health or safety for the purposes of clause (e) of that definition, and

(iii) specify the work that is necessary to carry out a prescribed service referred to in clause (f) of that definition;

(d) identify the ambulance workers who will provide essential ambulance services under the agreement and the additional ambulance workers who will be subject to being called in to work under section 5; and

(e) set out the order in which the ambulance workers referred to in clause (d) shall be called in to work. 2001, c. 10, s. 4 (1).

Availability of others irrelevant

(2) The number of ambulance workers that are required to provide essential ambulance services shall be determined without considering whether other persons are available to provide the essential ambulance services. 2001, c. 10, s. 4 (2).

More than one classification

(3) If there is more than one classification for an employer’s ambulance workers, the essential ambulance services agreement shall deal with each classification separately. 2001, c. 10, s. 4 (3).

Use of employees not covered by agreement

(4) An essential ambulance services agreement shall not directly or indirectly prevent an employer from using a person to perform work during a strike or lock-out. 2001, c. 10, s. 4 (4).

Provision of no effect

(5) A provision in an essential ambulance services agreement that conflicts with subsection (4) is void. 2001, c. 10, s. 4 (5).

Postponement

(6) Despite clauses (1) (d) and (e), the parties may postpone taking the steps described in those clauses. 2001, c. 10, s. 4 (6).

Effect

(7) If the parties postpone taking the steps set out in clauses (1) (d) and (e) but the agreement otherwise complies with subsection (1), it is in effect for the purposes of section 18, but it is not in effect for the purposes of section 12 until the postponed steps have been taken, in writing. 2001, c. 10, s. 4 (7).

Additional ambulance workers

5 If, as a result of unanticipated emergencies, the number of ambulance workers who are required to work under an essential ambulance services agreement is not adequate to enable an employer to provide the essential ambulance services, the employer may increase that number for a period not to exceed 72 hours to ensure that essential ambulance services continue to be provided. 2001, c. 10, s. 5.

Additional workers, extension of period

6 The period during which additional ambulance workers are or may be called in to work under section 5 may be extended,

(a) by agreement between the parties; or

(b) by the Board, on the application of either party. 2001, c. 10, s. 6.

Conciliation officer

7 (1) At any time after an employer and trade union are required to begin negotiations, the Minister, upon the request of either party, shall appoint a conciliation officer to confer with the parties and endeavour to effect an essential ambulance services agreement. 2001, c. 10, s. 7 (1).

Same

(2) A conciliation officer shall confer with the employer and trade union and endeavour to effect the...