Regulation - LGIC
Proposed new regulation to provide transitional rules for the implementation of certain amendments to the Labour Relations Act, 1995, if Bill 148 - Fair Workplaces, Better Jobs Act, 2017 is passed.
Regulation Number(s):
Instrument Type:
Regulation - LGIC
Bill or Act:
Labour Relations Act, 1995
Summary of Decision:
• The LRA will amend the powers of the Ontario Labour Relations Board (OLRB) to remedially certify a trade union where the employer has contravened the LRA, subject to certain conditions. Ontario Regulation 534/17 specifies that these amendments shall apply in respect of any application for certification filed on or after January 1, 2018 in respect of events or conduct that occurred on or after that day.
• The LRA will allow the OLRB, in certain circumstances, to review the structure of bargaining units and make orders in respect of the structure of bargaining units. Ontario Regulation 534/17 specifies that these new powers shall apply in respect of any application for certification filed on or after January 1, 2018.
• The LRA will provide that, during lawful strike/lock-out periods, an employer may not discharge or discipline an employee in an affected bargaining unit without just cause. Ontario Regulation 534/17 specifies that this new prohibition shall apply in respect of events or conduct that occurred on or after January 1, 2018.
• The LRA will increase the maximum fines on conviction of an offence under the Act to $5,000 for individuals and $100,000 for corporations, trade unions, councils of trade unions and employers' organizations. Ontario Regulation 534/17 specifies that these new maximum fine amounts shall apply in respect of events or conduct that occurred on or after January 1, 2018.
• The LRA will expressly empower the OLRB to conduct votes outside the workplace, give directions in connection with votes, and authorize persons to carry out certain OLRB powers. Ontario Regulation 534/17 specifies that these new powers shall apply in respect of an application for certification filed on or after January 1, 2018, and that the OLRB would also have the discretion to apply the new powers in respect of applications for certification filed before January 1, 2018 if the vote has not taken place by that date.
• The LRA will allow the OLRB, in certain circumstances, to review the structure of bargaining units and make orders in respect of the structure of bargaining units. Ontario Regulation 534/17 specifies that these new powers shall apply in respect of any application for certification filed on or after January 1, 2018.
• The LRA will provide that, during lawful strike/lock-out periods, an employer may not discharge or discipline an employee in an affected bargaining unit without just cause. Ontario Regulation 534/17 specifies that this new prohibition shall apply in respect of events or conduct that occurred on or after January 1, 2018.
• The LRA will increase the maximum fines on conviction of an offence under the Act to $5,000 for individuals and $100,000 for corporations, trade unions, councils of trade unions and employers' organizations. Ontario Regulation 534/17 specifies that these new maximum fine amounts shall apply in respect of events or conduct that occurred on or after January 1, 2018.
• The LRA will expressly empower the OLRB to conduct votes outside the workplace, give directions in connection with votes, and authorize persons to carry out certain OLRB powers. Ontario Regulation 534/17 specifies that these new powers shall apply in respect of an application for certification filed on or after January 1, 2018, and that the OLRB would also have the discretion to apply the new powers in respect of applications for certification filed before January 1, 2018 if the vote has not taken place by that date.
Further Information:
Bill 148, Fair Workplaces, Better Jobs Act, 2017
O. Reg. 534/17: TRANSITIONAL MATTERS
Bill 148, Fair Workplaces, Better Jobs Act, 2017
Proposal Number:
17-MOL011
Posting Date:
October 12, 2017
Summary of Proposal:
If the proposed Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed, a number of transitional rules for the implementation of certain proposed amendments to the Labour Relations Act, 1995, under the Bill, are proposed. These transitional rules would not affect the substance of the legislation but would specify when certain proposed amendments would begin to take effect, as follows:
• Remedial certification: The proposed Fair Workplaces, Better Jobs Act, 2017 would amend the powers of the Ontario Labour Relations Board to remedially certify a trade union where the employer has contravened the Labour Relations Act, 1995, subject to certain conditions. A transitional provision is proposed to specify that the amended remedial certification provision would apply in respect of any application for certification filed on or after the coming-into-force date of Schedule 2 of the Bill, in respect of events or conduct that occurred on or after that date.
• Review of structure of bargaining units: The proposed Fair Workplaces, Better Jobs Act, 2017 would allow the Ontario Labour Relations Board, in certain circumstances, to review the structure of bargaining units and make orders in respect of the structure of bargaining units. A transitional provision is proposed to specify that these new powers would apply in respect of any application for certification made on or after the coming-into-force date of Schedule 2 of the Bill.
• No discharge or discipline during lawful strike/lock-out periods: The proposed Fair Workplaces, Better Jobs Act, 2017 would provide that, during lawful strike/lock-out periods, an employer may not discharge or discipline an employee in an affected bargaining unit without just cause. A transitional provision is proposed to specify that this new prohibition would apply in respect of events or conduct that occur on or after the coming-into-force date of Schedule 2 of the Bill.
• Offences: The proposed Fair Workplaces, Better Jobs Act, 2017 would increase the maximum fines on conviction of an offence under the Act to $5,000 for individuals and $100,000 for corporations, trade unions, councils of trade unions and employers' organizations. A transitional provision is proposed to specify that these new maximum fine amounts would apply in respect of events or conduct that occurred on or after the coming-into-force date of Schedule 2 of the Bill.
• Location and method of voting: The proposed Fair Workplaces, Better Jobs Act, 2017 would expressly empower the Ontario Labour Relations Board to conduct votes outside the workplace, including electronically and by telephone, give directions in connection with votes, and authorize persons to carry out certain Board powers. Transitional provisions are proposed to specify that these new powers would apply in respect of any certification application filed with the Board on or after the coming-into-force date of Schedule 2 the Bill, and that the Board would also have the discretion to apply the new powers in respect of certification applications filed prior to the coming-into-force date of Schedule 2 of the Bill, as long as the vote has not yet taken place.
• Remedial certification: The proposed Fair Workplaces, Better Jobs Act, 2017 would amend the powers of the Ontario Labour Relations Board to remedially certify a trade union where the employer has contravened the Labour Relations Act, 1995, subject to certain conditions. A transitional provision is proposed to specify that the amended remedial certification provision would apply in respect of any application for certification filed on or after the coming-into-force date of Schedule 2 of the Bill, in respect of events or conduct that occurred on or after that date.
• Review of structure of bargaining units: The proposed Fair Workplaces, Better Jobs Act, 2017 would allow the Ontario Labour Relations Board, in certain circumstances, to review the structure of bargaining units and make orders in respect of the structure of bargaining units. A transitional provision is proposed to specify that these new powers would apply in respect of any application for certification made on or after the coming-into-force date of Schedule 2 of the Bill.
• No discharge or discipline during lawful strike/lock-out periods: The proposed Fair Workplaces, Better Jobs Act, 2017 would provide that, during lawful strike/lock-out periods, an employer may not discharge or discipline an employee in an affected bargaining unit without just cause. A transitional provision is proposed to specify that this new prohibition would apply in respect of events or conduct that occur on or after the coming-into-force date of Schedule 2 of the Bill.
• Offences: The proposed Fair Workplaces, Better Jobs Act, 2017 would increase the maximum fines on conviction of an offence under the Act to $5,000 for individuals and $100,000 for corporations, trade unions, councils of trade unions and employers' organizations. A transitional provision is proposed to specify that these new maximum fine amounts would apply in respect of events or conduct that occurred on or after the coming-into-force date of Schedule 2 of the Bill.
• Location and method of voting: The proposed Fair Workplaces, Better Jobs Act, 2017 would expressly empower the Ontario Labour Relations Board to conduct votes outside the workplace, including electronically and by telephone, give directions in connection with votes, and authorize persons to carry out certain Board powers. Transitional provisions are proposed to specify that these new powers would apply in respect of any certification application filed with the Board on or after the coming-into-force date of Schedule 2 the Bill, and that the Board would also have the discretion to apply the new powers in respect of certification applications filed prior to the coming-into-force date of Schedule 2 of the Bill, as long as the vote has not yet taken place.
Contact Address:
Ministry of Labour,
400 University Avenue, Suite 1502
Toronto, Ontario
M7A 1T7
400 University Avenue, Suite 1502
Toronto, Ontario
M7A 1T7
Effective Date:
January 1, 2018
Decision:
Approved