Ontario Provincial Police Collective Bargaining Act, 2006, S.O. 2006, c. 35, Sched. B

• Jurisdiction: Ontario

Ontario Provincial Police Collective Bargaining Act, 2006

S.o. 2006, chapter 35
Schedule B

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

Last amendment: 2019, c. 1, Sched. 4, s. 41.

CONTENTS

Part I
Collective Bargaining

Definitions

1 In this Act,

“agreement” means an agreement in writing between the Crown on the one hand and the Association on the other hand; (“convention”)

“Association” means the Ontario Provincial Police Association; (“association”)

Note: On a day to be named by proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following definition: (See: 2019, c. 1, Sched. 4, s. 41 (1))

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council; (“ministre”)

“Negotiating Committee” means the Ontario Provincial Police Negotiating Committee continued under section 3; (“comité de négociation”)

“public servant” has the same meaning as in the Public Service of Ontario Act, 2006; (“fonctionnaire”)

“Solicitor General” means the Solicitor General or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. (“solliciteur général”) 2006, c. 35, Sched. B, s. 1; 2009, c. 18, Sched. 23, s. 1.

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “Solicitor General” in section 1 of the Act is repealed. (See: 2019, c. 1, Sched. 4, s. 41 (2))

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

2009, c. 18, Sched. 23, s. 1 (1-3) - 05/06/2009

2018, c. 3, Sched. 5, s. 43 (1, 2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 41 (1, 2) - not in force

Affiliation with trade union prohibited

1.1 (1) The Association shall not affiliate directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union. 2009, c. 18, Sched. 23, s. 2.

Definition

(2) In this section,

“trade union” has the same meaning as in the Labour Relations Act, 1995. 2009, c. 18, Sched. 23, s. 2.

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

2009, c. 18, Sched. 23, s. 2 - 05/06/2009

Application, bargaining units

2 (1) This Act applies to persons who are part of the following bargaining units:

1.The police officers’ bargaining unit consisting of members of the Ontario Provincial Police Force who are cadets, recruit constables, probationary constables, constables, sergeants, staff sergeants, and sergeants major.

Note: On a day to be named by proclamation of the Lieutenant Governor, the English version of paragraph 1 of subsection 2 (1) of the Act is amended by striking out “Force”. (See: 2019, c. 1, Sched. 4, s. 41 (3))

2.The civilian employees’ bargaining unit consisting of public servants who are employed at an Ontario Provincial Police headquarters, at the Ontario Police College or at the Ontario Provincial Police Academy or who work under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who,

Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 2 of subsection 2 (1) of the Act is amended by striking out “supervision” in the portion before subparagraph i and substituting “direction”. (See: 2019, c. 1, Sched. 4, s. 41 (4))

i. are not in the officers’ bargaining unit described in paragraph 1,

ii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacity in relation to labour relations,

iii. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about employment related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act,

iv. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of the Treasury Board under Part 0.1 of the Financial Administration Act, and

v. do not have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of this bargaining unit. 2009, c. 18, Sched. 23, s. 3; 2009, c. 34, Sched. J, s. 32.

Bargaining authority

(2) The Association is the exclusive bargaining agent authorized to represent the employees who are part of a bargaining unit referred to in subsection (1) in bargaining with the employer on terms and conditions of employment, except as to matters that are exclusively the function of the employer, and, without limiting the generality of the foregoing, including rates of remuneration, hours of work, overtime and other premium allowance for work performed, the mileage rate payable to an employee for miles travelled when the employee is required to use his or her own automobile on the employer’s business, benefits pertaining to time not worked by employees, including paid holidays, paid vacations, group life insurance, health insurance and long-term income protection insurance, the procedures applicable to the processing of grievances, the methods of effecting promotions, demotions, transfers, lay-offs or reappointments and the conditions applicable to leaves of absence for other than any elective public office, political activities or training and development. 2006, c. 35, Sched. B, s. 2 (2); 2013, c. 19, s. 1 (1).

(3) Repealed: 2013, c. 19, s. 1 (2).

Questions as to bargaining unit

(4) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a public servant is a person described in subparagraphs 2 i to vi of subsection (1), the question may be referred to the Ontario Labour Relations Board, and the decision of the Board is final. 2006, c. 35, Sched. B, s. 2 (4).

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

2009, c. 18, Sched. 23, s. 3 - 05/06/2009; 2009, c. 34, Sched. J, s. 32 - 15/12/2009

2013, c. 19, s. 1 (1, 2) - 21/12/2015

2018, c. 3, Sched. 5, s. 43 (3, 4) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 41 (3, 4) - not in force

Negotiating Committee

3 (1) The body known as the Ontario Provincial Police Negotiating Committee in English and comité de négociation de la Police provinciale de l’Ontario in French is continued. 2006, c. 35, Sched. B, s. 3 (1).

Composition

(2) The Negotiating Committee shall be composed of,

(a) three members appointed by the Association to be known as the “staff side”;

(b) three members appointed by the employer to be known as the “employer side”; and

(c) a chair appointed by the members appointed under clauses (a) and (b) who shall not be a member of the staff side or of the employer side and who shall not vote. 2006, c. 35, Sched. B, s. 3 (2).

Acting chair

(3) The members appointed under clauses (2) (a) and (b) may appoint a person who is not a member of the staff side or of the employer side to act as chair when the chair is absent. 2006, c. 35, Sched. B, s. 3 (3).

Duties of chair

(4) The chair of the Negotiating Committee shall,

(a) at the request of a member convene a meeting of the Negotiating Committee;

(b) prepare the agenda for each meeting; and

(c) preside at each meeting. 2006, c. 35, Sched. B, s. 3 (4).

Agenda

(5) At the request of a member of the Negotiating Committee, the chair shall place upon the agenda any matter concerning,

(a) the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part so long as the request is made not earlier than 90 days and not later than 60 days before the expiration date of the agreement;

(b) the making of a first agreement; or

(c) the interpretation or clarification of any clause in an agreement. 2006, c. 35, Sched. B, s. 3 (5).

Same

(6) Despite clause (5) (a), the chair shall place a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under this Part on the agenda even though the request may have been made earlier than 90 days or later than 60 days before the expiration date of the agreement if,

(a) a member of the Negotiating Committee requests that the matter be placed on the agenda; and

(b) both the staff side and the employer side of the Negotiating Committee consent that the matter be placed on the agenda. 2006, c. 35, Sched. B, s. 3 (6).

Quorum

(7) A quorum of the Negotiating Committee consists of,

(a) the chair;

(b) two members of the staff side; and

(c) two members of the employer side. 2006, c. 35, Sched. B, s. 3 (7).

Matters to be negotiated

(8) The Negotiating Committee shall negotiate such matters as are put on its agenda under subsections (5) and (6). 2006, c. 35, Sched. B, s. 3 (8).

Grievance procedure

4 (1) The Negotiating Committee may establish a binding arbitration procedure to deal with any grievance,

(a) concerning working conditions or terms of employment other than,

(i) a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies,

Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 4 (1) (a) (i) of the Act is amended by striking out “Police Services Act” and substituting “Community Safety and Policing Act, 2019”. (See: 2019, c. 1, Sched. 4, s. 41...