Public Sector Labour Relations Transition Act, 1997, S.O. 1997, c. 21, Sched. B

• Jurisdiction: Ontario

Public Sector Labour Relations Transition Act, 1997

S.O. 1997, CHAPTER 21
Schedule B

Consolidation Period: From June 28, 2024 to the e-Laws currency date.

Last amendment: 2023, c. 19, s. 25.

CONTENTS

Interpretation

Purposes

1 The following are the purposes of this Act:

1. To encourage best practices that ensure the delivery of quality and effective public services that are affordable for taxpayers.

2. To facilitate the establishment of effective and rationalized bargaining unit structures in restructured broader public sector organizations.

3. To facilitate collective bargaining between employers and trade unions that are the freely-designated representatives of the employees following restructuring in the broader public sector and in other specified circumstances.

4. To foster the prompt resolution of workplace disputes arising from restructuring. 1997, c. 21, Sched. B, s. 1.

Definitions

2 In this Act,

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

“business” includes a part or parts thereof and an undertaking within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993; (“entreprise”)

“composite agreement” means the collective agreement that is deemed to exist under subsection 24 (5); (“convention mixte”)

“hospital” means a hospital as defined in section 1 of the Public Hospitals Act, a private hospital operating under a licence issued under the Private Hospitals Act, a psychiatric facility listed in Schedule 1 to Regulation 741 of the Revised Regulations of Ontario, 1990 (“Application of Act”) made under the Mental Health Act and the Alcoholism and Drug Addiction Research Foundation; (“hôpital”)

“local board” means a local board as defined in section 1 of the Municipal Affairs Act but does not include a school board or a police service board; (“conseil local”)

“lock-out” means lock-out as defined in subsection 1 (1) of the Labour Relations Act, 1995; (“lock-out”)

“predecessor employer” means a predecessor employer under section 3, 4, 5, 6, 7, 8 or 10; (“employeur précédent”)

“replacement agreement” means a collective agreement that replaces a composite agreement as a result of an agreement under section 29 or an order under section 30; (“convention de remplacement”)

“sells” includes leases, transfers, including transfers within the meaning of subsection 10 (4) of the Crown Employees Collective Bargaining Act, 1993, and any other manner of disposition, and “sold” and “sale” have corresponding meanings; (“vend”, “vendu”, “vente”)

“strike” means a strike as defined in subsection 1 (1) of the Labour Relations Act, 1995; (“grève”)

“successor employer” means a successor employer under section 3, 4, 5, 6, 7, 8 or 10; (“employeur qui succède”)

“transitional period” means the period beginning on the day that this section comes into force and ending on December 31, 2001 or on such later date as may be prescribed. (“période de transition”) 1997, c. 21, Sched. B, s. 2; 2002, c. 17, Sched. F, Table; 2006, c. 4, s. 42 (1); 2006, c. 35, Sched. D, s. 4; 2016, c. 30, s. 47; 2019, c. 1, Sched. 4, s. 51 (1); 2019, c. 7, Sched. 53, s. 1.

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

2002, c. 17, Sched. F, Table - 01/01/2003

2006, c. 4, s. 42 (1) - 28/03/2006; 2006, c. 35, Sched. D, s. 4 (1, 2) - 20/12/2006

2016, c. 30, s. 47 - 08/12/2016

2017, c. 25, Sched. 9, s. 112 - no effect - see 2023, c. 4, Sched. 1, s. 67 - 18/05/2023

2018, c. 3, Sched. 5, s. 53 (1) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 51 (1) - 01/04/2024; 2019, c. 5, Sched. 3, s. 20 (1-3) - no effect - see 2019, c. 7, Sched. 53, s. 1 - 29/05/2019; 2019, c. 7, Sched. 53, s. 1 - 29/05/2019

Application

Municipal sector

3 (1) This Act applies upon,

(a) the amalgamation of two or more municipalities or two or more local boards;

(b) the dissolution of two or more municipalities and the incorporation of their inhabitants into a new municipality;

(c) the dissolution of two or more local boards and the establishment of a new local board that assumes the powers and authority of the dissolved local boards; or

(d) the dissolution of an upper-tier municipality if, as part of that restructuring, two or more municipalities that form part of the upper-tier municipality for municipal purposes are amalgamated or are dissolved and their inhabitants incorporated into a new municipality. 1997, c. 21, Sched. B, s. 3 (1); 2006, c. 4, s. 42 (2).

Predecessor and successor employers

(2) Subject to subsection (2.1), for the purposes of this Act,

(a) the municipalities or local boards that are amalgamated and the municipalities or local boards that are dissolved are the predecessor employers; and

(b) the municipality or local board that exists when the amalgamation takes effect, the new municipality that is incorporated or the local board that assumes the power or authority of the dissolved local boards is the successor employer. 1997, c. 21, Sched. B, s. 3 (2); 1999, c. 14, Sched. F, s. 8 (1).

Same

(2.1) For the purposes of this Act, if events described in clauses (1) (b) and (c) occur on the same changeover date and if the new local board that assumes the powers and authority of the dissolved local boards is a local board of the new municipality, the following are the predecessor and successor employers in the circumstances described:

1. If an employee of a dissolved municipality becomes an employee of a local board of the new municipality on the changeover date, the dissolved municipality is the predecessor employer and the local board is the successor employer.

2. If an employee of a dissolved local board becomes an employee of the new municipality on the changeover date, the dissolved local board is the predecessor employer and the new municipality is the successor employer. 1999, c. 14, Sched. F, s. 8 (2).

Same

(3) For the purposes of this Act, in the case of a restructuring described in clause (1) (d),

(a) the upper-tier municipality that is dissolved and the municipalities that are amalgamated or dissolved are predecessor employers; and

(b) the municipalities that exist when the amalgamation takes effect or the new municipalities that are incorporated and any other persons prescribed in connection with the restructuring are successor employers. 1997, c. 21, Sched. B, s. 3 (3).

Changeover date

(4) For the purposes of this Act, the changeover date is the date on which the amalgamation or dissolution takes effect. 1997, c. 21, Sched. B, s. 3 (4).

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

1999, c. 14, Sched. F, s. 8 (1, 2) - 22/12/1999

2006, c. 4, s. 42 (2) - 28/03/2006

New City of Toronto

4 (1) In this section and sections 5 and 6,

“City of Toronto Act, 1997” means that Act as it read on the day before its repeal by the Stronger City of Toronto for a Stronger Ontario Act, 2006; (“Loi de 1997 sur la cité de Toronto”)

“local board” means local board as defined in section 1 of the City of Toronto Act, 1997 but does not include a police service board; (“conseil local”)

“new City of Toronto” or “new city” means the City of Toronto incorporated by the City of Toronto Act, 1997; (“nouvelle cité de Toronto”, “nouvelle cité”)

“old municipalities” means old municipalities as defined in section 1 of the City of Toronto Act, 1997. (“anciennes municipalités”) 1997, c. 21, Sched. B, s. 4 (1); 2006, c. 32, Sched. C, s. 54;2019, c. 1, Sched. 4, s. 51 (2).

Application to new city

(2) This Act applies upon the incorporation of the new City of Toronto. 1997, c. 21, Sched. B, s. 4 (2).

Predecessor and successor employers

(3) For the purposes of this Act, the old municipalities are the predecessor employers and the new city is the successor employer. 1997, c. 21, Sched. B, s. 4 (3).

Changeover date

(4) For the purposes of this Act, the changeover date is January 1, 1998. 1997, c. 21, Sched. B, s. 4 (4).

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

2006, c. 32, Sched. C, s. 54 - 01/01/2007

2018, c. 3, Sched. 5, s. 53 (2) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019

2019, c. 1, Sched. 4, s. 51 (2) - 01/04/2024

Local boards of the new city

5 (1) This Act applies upon the establishment of a local board of the new City of Toronto to which the employees of one or more local boards of the old municipalities are transferred during the transitional period.

Predecessor and successor employers

(2) For the purposes of this Act, the local boards of the old municipalities are the predecessor employers and the local board of the new city is the successor employer.

Changeover date

(3) For the purposes of this Act, the changeover date is the earliest date on which employees are transferred to the local board of the new city. 1997, c. 21, Sched. B, s. 5.

New Toronto Hydro-Electric Commission

6 (1) This Act applies upon the establishment of the Toronto Hydro-Electric Commission under section 9 of the City of Toronto Act, 1997.

Predecessor and successor employers

(2) For the purposes of this Act, the predecessor employers are the public utilities commissions dissolved under subsection 28 (3) of the City of Toronto Act, 1997 and the new Commission is the successor employer.

Changeover date

(3) For the purposes of this Act, the changeover date is January 1, 1998. 1997, c. 21, Sched. B, s. 6.

School sector

7 (1) This Act applies upon the assumption by a district school board of the jurisdiction of two or more old boards or of the minority language section of two or more old boards.

Predecessor and successor employers

(2) For the purposes of this Act, the old boards are the predecessor employers and the district school board is the successor employer. 1997, c. 21, Sched. B, s. 7 (1, 2).

Limitation on application

(3) This Act does not apply in respect of members of a teachers’ bargaining unit within the meaning of the School Boards Collective Bargaining Act, 2014. 1997, c. 31, s. 168 (1); 2014, c. 5...