DEFINITIONS

Definitions

41 (1) In this Part,
“association” means an association of firefighters that is entitled under section 46 to represent and act as the bargaining agent for firefighters in a bargaining unit for the purposes of collective bargaining under this Part; (“association syndicale”)
“Board” means the Ontario Labour Relations Board; (“Commission”)
“collective agreement” means an agreement in writing between an employer and a bargaining agent that represents firefighters employed by the employer containing provisions respecting terms or conditions of employment or the rights, privileges or duties of the employer, the bargaining agent or the firefighters; (“convention collective”)
“employer” means a municipality, person or organization that employs firefighters; (“employeur”)
“firefighter” means a person regularly employed on a salaried basis in a fire department and assigned to fire protection services and includes technicians but does not include a volunteer firefighter; (“pompier”)
“Minister” means the Minister of Labour; (“ministre”)
“trade union” means a trade union as defined in the Labour Relations Act, 1995. (“syndicat”) 1997, c. 4, s. 41 (1); 2015, c. 34, Sched. 1, s. 2.

Managers not firefighters

(2) For the purposes of this Part, a person shall be deemed not to be a firefighter if,

(a) in the opinion of the Board, he or she exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations; or
(b) he or she is a person designated under subsection 54 (4). 1997, c. 4, s. 41 (2).

Volunteer firefighter work

(2.1) For greater certainty, references in sections 46.4 and 52.2 to a volunteer firefighter include a person who is also regularly employed on a salaried basis in a fire department and assigned to fire protection services, including a technician, in a different fire service, regardless of whether the services provided as a volunteer firefighter are within the jurisdiction, or otherwise adversely affects the interests, of any association. 2018, c. 17, Sched. 18, s. 1.

Application of LRA, 1995

(3) Sections 110 to 112, subsections 114 (1) and (3), sections 116 to 118 and 120 to 123 of the Labour Relations Act, 1995 apply with necessary modifications to proceedings before the Board under this Act and the Board may exercise the powers under those provisions as if they were part of this Act. 1997, c. 4, s. 41 (3).

Transition

(4) An agreement made under section 5 of the Fire Departments Act, or a decision or award made under section 6 of that Act, that is in effect immediately before the day this Part comes into force shall, on and after that day, remain in effect and be deemed to be a collective agreement to which this Part applies. 1997, c. 4, s. 41 (4).

Same
(5) If a request to bargain was made under section 5 of the Fire Departments Act before the day this Part comes into force, this Part applies as if notice had been given under section 47 on that day. 1997, c. 4, s. 41 (5).

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 2 – 10/12/2015
2018, c. 17, Sched. 18, s. 1 – 06/12/2018

WORKING CONDITIONS

Strike and lock outs

42 (1) No firefighter shall strike and no employer of firefighters shall lock them out.

Definitions

(2) In this section,
“lock-out” and “strike” have the same meaning as in the Labour Relations Act, 1995. 1997, c. 4, s. 42.

Hours of work

43 (1) In every municipality having a population of not less than 10,000, the firefighters assigned to firefighting duties shall work according to,

(a) the two-platoon system where the firefighters are divided into two platoons, the hours of work of which shall be,

(i) for each platoon 24 consecutive hours on duty followed immediately by 24 consecutive hours off duty, or
(ii) for one platoon in day-time ten consecutive hours on duty followed immediately by 14 consecutive hours off duty and for the other platoon in night-time 14 consecutive hours on duty followed immediately by 10 consecutive hours off duty,

and the platoons shall alternate at least every two weeks from night work to day work and vice versa;

(b) the three-platoon system where the firefighters are divided into three platoons, the hours of work of which shall be eight consecutive hours on duty followed immediately by 16 consecutive hours off duty, and the platoons shall rotate in their periods of duty and time off as may be arranged for the purpose of changing shifts at least every two weeks; or
(c) any other system of platoons or hours of work under which the maximum hours of work or hours on duty on average in any work week are not more than 48 hours.

Other personnel

(2) Firefighters assigned to duties other than fire-fighting duties shall work such hours as are determined, but in no case shall
such hours of work exceed the average work week of the other full-time firefighters.

Maximum hours

(3) No firefighters shall be required to be on duty on average in any work week more than 48 hours.

Weekly day off duty

(4) Every firefighter shall be off duty for one full day of 24 hours in every calendar week, but where a two-platoon system or a three-platoon system is in operation, the 24 hours release at the change of platoons shall not be regarded as a day off duty for the purposes of this section.

Time off duty

(5) Nothing in this Part prohibits any municipality from granting the firefighters more than one day off duty in every calendar week.

Off duty

(6) The hours off duty of firefighters shall be free from fire department duties.

Exception for emergencies

(7) Despite subsections (1) to (6), the fire chief may call in off-duty firefighters if, as a result of a major emergency, the fire department needs the services of more firefighters than are on duty. 1997, c. 4, s. 43.

Termination of employment

44 (1) The employment of a firefighter may be terminated upon seven days’ notice The notice must be accompanied by written reasons for the termination.

Independent review

(2) A firefighter who has received a notice of termination of employment may require a review of the termination to be conducted, unless a collective agreement provides for another review mechanism.

Same
(3) If a review of a termination is required under subsection (2), the municipality in which the firefighter is employed shall appoint a person who is not employed in the fire department to conduct the review.

Review, no hearing

(4) A person appointed to conduct a review shall conduct the review within 10 days after the day the review is required. The person is not required to hold a hearing in conducting a review under this section.

Decision

(5) A person conducting a review of a termination under this section may uphold the termination, order that the firefighter be returned to duties under such conditions as may be specified in the order or make such other order as he or she considers proper.

Probationary period

(6) The employment of a firefighter may be terminated without cause at any time during the first 12 months, unless a collective agreement provides otherwise. Subsections (2) to (5) do not apply with respect to a termination during that period.
1997, c. 4, s. 44.

ESTABLISHMENT OF BARGAINING RIGHTS BY CERTIFICATION

Bargaining unit

45 (1) The firefighters employed in a fire department constitute a bargaining unit for the purposes of collective bargaining
under this Act.

Exclusion

(2) The bargaining unit shall not include persons who are deemed not to be firefighters under subsection 41 (2). 1997, c. 4, s. 45.

Bargaining agent

46 (1) The majority of firefighters in a bargaining unit may request an association of firefighters to represent them and act as their bargaining agent for purposes of collective bargaining under this Part.

Transition

(2) An association of firefighters that, immediately before the day this Part comes into force, was a party to, or bound by, an agreement made under section 5 of the Fire Departments Act or was bound by the decision or award of a board of arbitration under section 6 of that Act shall, on and after the day this Part comes into force and until such time as a new bargaining agent is requested under subsection (1), be deemed to be the bargaining agent for the firefighters in the bargaining unit. 1997, c. 4, s. 46.

UNFAIR LABOUR PRACTICES

Duty of fair representation by association

46.1 (1) An association shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the firefighters in the bargaining unit it represents, whether or not they are members of the association. 2015, c. 34, Sched. 1, s. 3.

Transition

(2) This section does not apply in respect of any conduct or events that occurred before December 1, 2011. 2011, c. 13, s. 1.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 1 – 01/12/2011
2015, c. 34, Sched. 1, s. 3 – 10/12/2015

Employers not to interfere with associations

46.2 No employer or employers’ organization and no person acting on behalf of an employer or an employers’ organization shall participate in or interfere with the formation, selection or administration of an association or the representation of firefighters by an association or contribute financial or other support to an association, but nothing in this section shall be deemed to deprive an employer of the employer’s freedom to express views so long as the employer does not use coercion, intimidation, threats, promises or undue influence. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 1 – 01/12/2011
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Associations not to interfere with employers’ organizations

46.3 No association and no person acting on behalf of an association shall participate in or interfere with the formation or administration of an employers’ organization or contribute financial or other support to an employers’ organization. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 1 – 01/12/2011
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Employers not to interfere with firefighters’ rights

46.4 No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization,

(a) shall refuse to employ or to continue to employ a person, or discriminate against a person in regard to employment or any term or condition of employment because the person was or is a member of an association or was or is exercising any other rights under this Part;

(b) shall impose any condition in a contract of employment or propose the imposition of any condition in a contract of employment that seeks to restrain a firefighter or a person seeking employment from becoming a member of a trade
union or exercising any other rights under this Part;

(c) shall seek by threat of dismissal, or by any other kind of threat, or by the imposition of a pecuniary or other penalty, or by any other means to compel a firefighter to become or refrain from becoming or to continue to be or to cease to be a member or officer or representative of an association or to cease to exercise any other rights under this Part; or

(d) shall refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because the person has worked, is working or intends to work as a volunteer firefighter. 2015, c. 34, Sched. 1, s. 4; 2018, c. 17, Sched. 18, s. 2.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 1 – 01/12/2011
2015, c. 34, Sched. 1, s. 4 – 10/12/2015
2018, c. 17, Sched. 18, s. 2 – 06/12/2018

No interference with bargaining rights

46.5 (1) No employer, employers’ organization or person acting on behalf of an employer or an employers’ organization shall, so long as an association represents the firefighters in a bargaining unit, bargain with or enter into a collective agreement with any person or another association, trade union or council of trade unions on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. 34, Sched. 1, s. 4.

Same

(2) No person, association, trade union or council of trade unions shall, so long as another association continues to be entitled to represent the firefighters in a bargaining unit, bargain with or enter into a collective agreement with an employer or an employers’ organization on behalf of or purporting, designed or intended to be binding upon the firefighters in the bargaining unit or any of them. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 1 – 01/12/2011
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Intimidation and coercion

46.6 No person, association or employers’ organization shall seek by intimidation or coercion to compel any person to become or refrain from becoming or to continue to be or to cease to be a member of an association or of an employers’ organization or to refrain from exercising any other rights under this Part or from performing any obligations under this Part. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Persuasion during working hours

46.7 Nothing in this Part authorizes any person to attempt at the place at which a firefighter works to persuade the firefighter during the firefighter’s working hours to become or refrain from becoming or continuing to be a member of an association or a trade union. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Protection of witnesses’ rights

46.8 (1) No employer, employers’ organization or person acting on behalf of an employer or employers’ organization shall,

(a) refuse to employ or continue to employ a person;
(b) threaten dismissal or otherwise threaten a person;
(c) discriminate against a person in regard to employment or a term or condition of employment; or
(d) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Part. 2015, c. 34, Sched. 1, s. 4.

Same
(2) No association or person acting on behalf of an association shall,

(a) discriminate against a person in regard to employment or a term or condition of employment; or
(b) intimidate or coerce or impose a pecuniary or other penalty on a person,
because of a belief that the person may testify in a proceeding under this Part or because the person has made or is about to make a disclosure that may be required in a proceeding under this Part or because the person has made an application or filed a complaint under this Act or has participated in or is about to participate in a proceeding under this Part. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

Removal, etc., of posted notices

46.9 No person shall wilfully destroy, mutilate, obliterate, alter, deface or remove or cause to be destroyed, mutilated, obliterated, altered, defaced or removed any notice that the Board has required to be posted during the period that the notice is required to be posted. 2015, c. 34, Sched. 1, s. 4.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 4 – 10/12/2015

COLLECTIVE BARGAINING

Notice of desire to bargain

47 (1) If no collective agreement is in effect, a bargaining agent acting pursuant to subsection 46 (1), shall give written notice to the employer of its desire to bargain with a view to making a collective agreement.

Same
(2) The employer or the bargaining agent may give written notice of its desire to bargain with a view to making a collective agreement within the period of 90 days before the expiry date set out in the collective agreement or, if no expiry date is set out in the agreement, within the period of 90 days before the expiry date referred to in subsection 52 (1). 1997, c. 4, s. 47.

Obligation to bargain

48 (1) The employer and the bargaining agent shall meet within 15 days after the notice is given, or within such longer period as they may agree upon, and they shall bargain in good faith and make every reasonable effort to make a collective agreement.

Parties

(2) The employer and the bargaining agent are the parties to the bargaining. 1997, c. 4, s. 48.

Referral to arbitration

49 Where, after bargaining under section 48, either of the parties is satisfied that an agreement cannot be reached, the party may, by notice in writing to the other party and to the Minister, require all matters remaining in dispute to be decided by arbitration in accordance with this Part. 2016, c. 37, Sched. 9, s. 2.

Section Amendments with date in force (d/m/y)
2006, c. 19, Sched. M, s. 2 – 22/06/2006
2016, c. 37, Sched. 9, s. 2 – 08/12/2016

50 REPEALED: 2016, c. 37, Sched. 9, s. 2.
Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2016, c. 37, Sched. 9, s. 2 – 08/12/2016

Arbitrator

50.1 (1) Within seven days after the day upon which notice is given under section 49, the parties shall appoint a person as arbitrator and forthwith notify the Minister of the name and address of the person appointed. 2018, c. 17, Sched. 18, s. 3.

Extension of time

(2) The parties, by mutual agreement in writing, may extend the period of seven days mentioned in subsection (1) for one further period of seven days. 2018, c. 17, Sched. 18, s. 3.

Notice to Minister

(3) If the parties extend the period under subsection (2), they shall inform the Minister. 2018, c. 17, Sched. 18, s. 3.

Appointment by Minister

(4) If the parties fail to notify the Minister within the time set out in subsection (1) or the time extended under subsection (2), the Minister shall forthwith appoint as arbitrator a person who is, in the opinion of the Minister, qualified to act and notify the parties of the name and address of the person appointed. 2018, c. 17, Sched. 18, s. 3.

Replacement

(5) If the person appointed as arbitrator is unable or unwilling to perform his or her duties so as to make an award, the Minister shall forthwith appoint another person as arbitrator and the arbitration process shall begin anew. 2018, c. 17, Sched. 18, s. 3.

Restriction

(6) No person shall be appointed as an arbitrator under this Act who has any pecuniary interest in the matters coming before him or her or who is acting or has, within a period of six months preceding the date of his or her appointment, acted as solicitor, counsel or agent of either of the parties. 2018, c. 17, Sched. 18, s. 3.

Not subject to judicial review

(7) It is conclusively determined that the appointment of an arbitrator made under this section is properly made, and no application shall be made to question the appointment or to prohibit or restrain any of the arbitrator’s proceedings. 2018, c. 17, Sched. 18, s. 3.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2018, c. 17, Sched. 18, s. 3 – 06/12/2018

Selection of method

50.2 (1) If the arbitrator is appointed by the parties, the parties shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3.

Same, mediation-arbitration

(2) The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration. 2018, c. 17, Sched. 18, s. 3.

Selection by Minister

(3) If the arbitrator is appointed by the Minister, the Minister shall select the method of arbitration. 2018, c. 17, Sched. 18, s. 3.

Same, mediation-arbitration

(4) The Minister shall select mediation-arbitration as the method of arbitration unless the Minister is of the view that another method is more appropriate. 2018, c. 17, Sched. 18, s. 3.

Same, final offer selection

(5) The Minister shall not select final offer selection without mediation as the method of arbitration. 2018, c. 17, Sched. 18, s. 3.

Same, mediation-final offer selection

(6) The Minister shall not select mediation-final offer selection as the method of arbitration unless the Minister, in his or her sole discretion, selects that method because he or she is of the view that it is the most appropriate method having regard to the nature of the dispute. 2018, c. 17, Sched. 18, s. 3.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2016, c. 37, Sched. 9, s. 3 (1-4) – 08/12/2016
2018, c. 17, Sched. 18, s. 3 – 06/12/2018

Procedure

Time and place of proceedings

50.3 (1) Subject to subsection (2), the arbitrator shall fix the time and place of the proceedings and shall notify the Minister of the time and place and the Minister shall notify the parties. 2018, c. 17, Sched. 18, s. 3.

When proceedings commence

(2) The arbitrator shall begin the proceedings within 30 days after he or she is appointed. 2018, c. 17, Sched. 18, s. 3.

Order to expedite proceedings

(3) Where an arbitrator has been appointed, the arbitrator shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that an award has not been rendered within the time set out in subsection 50.5 (5) or within the time extended under subsection 50.5 (6), the Minister may, after consulting the parties and the arbitrator, issue whatever order he or she considers necessary in the circumstances to ensure that an award will be rendered within a reasonable time. 2018, c. 17, Sched. 18, s. 3.

Written submissions

(4) The parties shall file written submissions on all matters remaining in dispute with the arbitrator before the date set by the arbitrator. 2018, c. 17, Sched. 18, s. 3.

Same, time
(5) The date set by the arbitrator in subsection (4) must be before the day the first hearing begins. 2018, c. 17, Sched. 18, s. 3.

Time for submission of information

(6) If the method of arbitration is mediation-arbitration or mediation-final offer selection, the arbitrator may, after consulting with the parties, set a date after which a party may not submit information to the arbitrator unless,

(a) the information was not available prior to the date;
(b) the arbitrator permits the submission of the information; and
(c) the other party is given an opportunity to make submissions concerning the information. 2018, c. 17, Sched. 18, s. 3.

Procedure

(7) Subject to section 50.2 and the other provisions of this section, the arbitrator shall determine his or her own procedure but shall give full opportunity to the parties to present their evidence and make their submissions. 2018, c. 17, Sched. 18, s. 3.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2018, c. 17, Sched. 18, s. 3 – 06/12/2018

Notice of agreement to recommence

50.3.1 (1) If the arbitrator was appointed by the Minister, the parties may, at any time before the arbitrator renders an award, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different arbitrator. 2018, c. 17, Sched. 18, s. 3.

Termination of appointment

(2) If notice is served on the Minister under subsection (1), the appointment of the arbitrator is terminated. 2018, c. 17, Sched. 18, s. 3.

Effective date of termination

(3) The termination is effective on the day the Minister is served with the notice. 2018, c. 17, Sched. 18, s. 3.

Obligation to appoint

(4) Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 50.1 (1), a person who agreed to act and sections 50.1 to 50.3 and this section apply with respect to the appointment. 2018, c. 17, Sched. 18, s. 3.

Section Amendments with date in force (d/m/y)
2018, c. 17, Sched. 18, s. 3 – 06/12/2018

Powers

50.3.2 An arbitrator appointed under this Act has all the powers of a board of arbitration under the Labour Relations Act, 1995. 2018, c. 17, Sched. 18, s. 3.

Section Amendments with date in force (d/m/y)
2018, c. 17, Sched. 18, s. 3 – 06/12/2018

Single arbitration of several disputes

50.4 (1) Where there are matters in dispute between parties to be decided by more than one arbitration in accordance with this Part, the parties may agree in writing that the matters in dispute shall be decided by one arbitrator. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Parties

(2) For the purposes of section 50.1, the bargaining agents for or on behalf of any firefighters to whom this Part applies shall be one party and the employers of such firefighters shall be the other party. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 4 (1).

Powers of arbitrator

(3) In an arbitration to which this section applies, the arbitrator may, in addition to the powers conferred upon an arbitrator
by this Part,

(a) make a decision on matters of common dispute between all of the parties; and
(b) despite subsections 50.5 (1.1) and (1.2), refer matters of particular dispute to the parties concerned for further bargaining. 1997, c. 21, Sched. A, s. 3 (1); 2016, c. 37, Sched. 9, s. 4; 2018, c. 17, Sched. 18, s. 4 (2), 7.

Same
(4) Where matters of particular dispute are not resolved by further collective bargaining under clause (3) (b), the arbitrator shall decide the matters. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2016, c. 37, Sched. 9, s. 4 – 08/12/2016
2018, c. 17, Sched. 18, s. 4 (1, 2), 7 – 06/12/2018

Duty of arbitrator

50.5 (1) The arbitrator shall examine into and decide on matters that are in dispute and any other matters that appear to the arbitrator necessary to be decided in order to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Same
(1.1) Subject to subsection (1.2), in making its decision, the arbitrator shall not refer a matter that is in dispute back to the parties for further bargaining. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7.

Same
(1.2) The arbitrator may refer a matter that is in dispute back to the parties for further bargaining if,

(a) the arbitrator has not issued its decision; and
(b) the parties agree. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7.

Same
(1.3) For greater certainty, nothing in subsection (1.1) prevents the arbitrator from referring matters concerning the implementation of its decision back to the parties. 2016, c. 37, Sched. 9, s. 5; 2018, c. 17, Sched. 18, s. 7.

Criteria

(2) In making a decision, the arbitrator shall take into consideration all factors the arbitrator considers relevant, including the following criteria:

1. A comparison, as between the employees and other employees in the public and private sectors, of the terms and conditions of employment.
2. A comparison of collective bargaining settlements reached in the same municipality and in comparable municipalities, including those reached by employees in bargaining units to which the Labour Relations Act, 1995 applies, having regard to the relative economic health of the municipalities.
3. The economic health of Ontario and the municipality, including, but not limited to, changes to labour market characteristics, property tax characteristics and socio-economic characteristics.
4. The employer’s ability to attract and retain qualified firefighters.
5. The interest and welfare of the community served by the fire department.
6. Any local factors affecting the community. 2018, c. 17, Sched. 18, s. 5 (1).

Restriction

(3) Nothing in subsection (2) affects the powers of the arbitrator. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Arbitrator to remain seized of matters

(4) The arbitrator shall remain seized of and may deal with all matters in dispute between the parties until a collective agreement is in effect between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Reasons

(4.1) When the arbitrator gives a decision, the arbitrator shall provide written reasons upon the request of either party. 2018, c. 17, Sched. 18, s. 5 (2).

Same
(4.2) The written reasons must clearly demonstrate that the arbitrator has considered the criteria on which a party has made submissions under subsection 50.3 (4), and may deal with other matters as the arbitrator considers appropriate. 2018, c. 17, Sched. 18, s. 5 (2).

Time for decision

(5) The arbitrator shall give a decision within 90 days after his or her appointment. 2018, c. 17, Sched. 18, s. 5 (3).

Extension

(6) The parties may agree to extend the time described in subsection (5), either before or after the time has passed. 1997, c. 21, Sched. A, s. 3 (1).

Remuneration and expenses

(7) Each party shall pay one half of the arbitrator’s remuneration and expenses. 2018, c. 17, Sched. 18, s. 5 (4).

Enforcement of arbitration decisions

(8) Where a party or firefighter has failed to comply with any of the terms of the decision of an arbitrator, any party or firefighter affected by the decision may file in the Superior Court of Justice a copy of the decision, exclusive of the reasons therefor, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 12; 2018, c. 17, Sched. 18, s. 5 (5).

Non-application

(9) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this
Part. 1997, c. 21, Sched. A, s. 3 (1).

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2002, c. 18, Sched. N, s. 12 – 26/11/2002
2016, c. 37, Sched. 9, s. 5 – 08/12/2016
2018, c. 17, Sched. 18, s. 5 (1-5), 7 – 06/12/2018

Where agreement reached

50.6 (1) Where, during the bargaining under this Part or during the proceedings before the arbitrator, the parties agree on all the matters to be included in a collective agreement, they shall put them in writing and shall execute the document, and thereupon it constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Failure to make agreement

(2) If the parties fail to put the terms of all the matters agreed upon by them in writing or if having put the terms of their agreement in writing either of them fails to execute the document within seven days after it was executed by the other of them, they shall be deemed not to have made a collective agreement and the provisions of sections 49 to 50.5 apply, with necessary modifications. 1997, c. 21, Sched. A, s. 3 (1).

Decision of arbitrator

(3) Where, during the bargaining under this Part or during the proceedings before the arbitrator, the parties have agreed upon some matters to be included in the collective agreement and have notified the arbitrator in writing of the matters agreed upon, the decision of the arbitrator shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the arbitrator necessary to be decided to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Same
(4) Where the parties have not notified the arbitrator in writing that, during the bargaining under this Part or during the proceedings before the arbitrator, they have agreed upon some matters to be included in the collective agreement, the arbitrator shall decide all matters in dispute and such other matters that appear to the arbitrator necessary to be decided to conclude a collective agreement between the parties. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Execution of agreement

(5) Within five days of the date of the decision of the arbitrator or such longer period as may be agreed upon in writing by the parties, the parties shall prepare and execute a document giving effect to the decision of the arbitrator and any agreement of the parties, and the document thereupon constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Preparation of agreement by arbitrator

(6) If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the arbitrator and any agreement of the parties within the period mentioned in subsection (5), the parties or either of them shall notify the arbitrator in writing forthwith, and the arbitrator shall prepare a document in the form of a collective agreement giving effect to the decision of the arbitrator and any agreement of the parties and submit the document to the parties for execution. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 6, 7.

Failure to execute agreement

(7) If the parties or either of them fail to execute the document prepared by the arbitrator within a period of five days from the day of its submission by the arbitrator to them, the document shall come into effect as though it had been executed by the parties and the document thereupon constitutes a collective agreement. 1997, c. 21, Sched. A, s. 3 (1); 2018, c. 17, Sched. 18, s. 7.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2018, c. 17, Sched. 18, s. 6, 7 – 06/12/2018

Delegation

50.7 (1) The Minister may delegate in writing to any person the Minister’s power to make an appointment, order or direction under this Act. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (1).

Proof of appointment

(2) An appointment, an order or a direction made under this Act that purports to be signed by or on behalf of the Minister shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in it without proof of the signature or the position of the person appearing to have signed it. 1997, c. 21, Sched. A, s. 3 (1); 2002, c. 18, Sched. N, s. 13 (2).

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997
2002, c. 18, Sched. N, s. 13 (1, 2) – 26/11/2002

Existing proceedings discontinued

50.8 (1) Proceedings before a board of arbitration under this Part or a predecessor to this Act in which a hearing was commenced before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void.

Exception, completed proceedings

(2) This section does not apply with respect to proceedings in which a hearing was commenced before June 3, 1997 if,

(a) a final decision is issued on or before June 3, 1997; or
(b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force.

Exception, by agreement

(3) This section does not apply if the parties agree in writing after the date on which subsection 3 (1) of the Public Sector Dispute Resolution Act, 1997 comes into force to continue the proceedings. 1997, c. 21, Sched. A, s. 3 (1).

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (1) – 29/10/1997

Transition

Referred to arbitration

50.9 (1) Sections 50, 50.2, 50.4 and 50.5, as they read immediately before the repeal date, continue to apply to parties who were referred to arbitration under section 50 before the repeal date. 2016, c. 37, Sched. 9, s. 6.

Requested appointment of conciliation officer

(2) Sections 49 and 50 and subsection 50.2 (1), as they read immediately before the repeal date, continue to apply to parties if either party made a request for the appointment of a conciliation officer under subsection 49 (1) before the repeal date.
2016, c. 37, Sched. 9, s. 6.

Definition — repeal date

(3) In this section,
“repeal date” means the day that section 6 of Schedule 9 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 comes into force. 2016, c. 37, Sched. 9, s. 6.

Section Amendments with date in force (d/m/y)
2016, c. 37, Sched. 9, s. 6 – 08/12/2016

Transition

Board of arbitration

50.10 If, on or after November 15, 2018, notice under section 49 is given, and on the day the Restoring Trust, Transparency and Accountability Act, 2018 receives Royal Assent, the hearing has not commenced, sections 50.1 to 50.6 apply to the arbitration and if a board of arbitration was appointed, the chair continues as the arbitrator and the appointments of the other members of the board are terminated. 2018, c. 17, Sched. 18, s. 8.

Section Amendments with date in force (d/m/y)
2018, c. 17, Sched. 18, s. 8 – 06/12/2018

OPERATION OF COLLECTIVE AGREEMENTS

Collective agreement

51 (1) Every collective agreement must be set out in writing.

Binding effect

(2) A collective agreement is binding upon the employer, the bargaining agent and the members of the bargaining unit.

Commencement

(3) A collective agreement comes into effect according to its terms. If the agreement does not provide for its commencement date, it comes into effect at the beginning of the first fiscal period in respect of which the employer budgets for expenditures under the agreement.

Same
(4) Despite subsection (3), if a collective agreement provides that it comes into effect on a specified day and that day occurs before the beginning of the first fiscal period in respect of which the employer can budget for expenditures under the agreement, the agreement shall be deemed to provide that it comes into effect at the beginning of that first fiscal period.
1997, c. 4, s. 51.

Minimum term of collective agreements

52 (1) If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.

Extension of term of collective agreement

(2) Despite subsection (1), the parties may, in a collective agreement or otherwise and before or after the collective agreement has ceased to operate, agree to continue the operation of the collective agreement or any of its provisions for a period of less than one year while they are bargaining for its renewal with or without modifications or for a new agreement and the continuation of the collective agreement may be terminated by either party upon 30 days notice to the other party.

Early termination of collective agreements

(3) A collective agreement shall not be terminated by the parties before it ceases to operate in accordance with its provisions or this Act without the consent of the Board on the joint application of the parties.

Revision by mutual consent

(4) Nothing in this section prevents the revision by mutual consent of the parties at any time of any provision of a collective agreement other than a provision relating to its term of operation. 1997, c. 4, s. 52.

Deduction and remittance of association dues

52.1 (1) Subject to section 52.3, where an association so requests, there shall be included in the collective agreement between the association and the employer of the firefighters a provision requiring the employer to deduct from the wages of each firefighter in the unit affected by the collective agreement, whether or not the firefighter is a member of the association, the amount of the regular association dues and to remit the amount to the association, forthwith. 2015, c. 34, Sched. 1, s. 5.

Definition
(2) In subsection (1),
“regular association dues” means,

(a) in the case of a firefighter who is a member of an association, the dues uniformly and regularly paid by a member of the association in accordance with the constitution and by-laws of the association, and
(b) in the case of a firefighter who is not a member of an association, the dues referred to in clause (a), excluding any amount in respect of pension, superannuation, sickness insurance or any other benefit available only to members of the association. 2015, c. 34, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 5 – 10/12/2015

Permissive provisions

52.2 (1) Despite anything in this Part, the parties to a collective agreement may include in it provisions,

(a) for requiring, as a condition of employment, membership in the association or granting a preference of employment to members of the association, or requiring the payment of dues or contributions to the association;
(b) for permitting a firefighter who represents the association to attend to the business of the association during working hours without deduction of the time so occupied in the computation of the time worked for the employer and without deduction of wages in respect of the time so occupied; and
(c) for permitting the association the use of the employer’s premises for the purposes of the association without payment therefor. 2015, c. 34, Sched. 1, s. 5.

Prohibitions re non-member firefighter

(2) No association that is a party to a collective agreement containing a provision mentioned in clause (1) (a) shall require the employer to refuse to employ a person as a firefighter, refuse to assign a person to fire protection services or discharge a firefighter because,

(a) the firefighter has been expelled or suspended from membership in the association; or
(b) membership in the association has been denied or withheld from the firefighter, for reason that the firefighter,
(c) was or is a member of another association or a trade union;
(d) has engaged in activity against the association or on behalf of another association or a trade union;
(e) has engaged in reasonable dissent within the association, including with respect to the person’s work, past work or intended work as a volunteer firefighter;
(f) has been discriminated against by the association in the application of its membership rules, including with respect to the person’s work, past work or intended work as a volunteer firefighter;
(g) has refused to pay initiation fees, dues or other assessments to the association which are unreasonable; or
(h) has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (1).

Where subs. (2) does not apply
(3) Subsection (2) does not apply to a firefighter who has engaged in unlawful activity against the association mentioned in clause (1) (a) or an officer, official or agent thereof or whose activity against the association or on behalf of another association or trade union has been instigated or procured by the firefighter’s employer or any person acting on the employer’s behalf or whose employer or a person acting on the employer’s behalf has participated in such activity or contributed financial or other support to the firefighter in respect of the activity. 2015, c. 34, Sched. 1, s. 5.

Same, unlawful activity
(3.1) For greater certainty, work as a volunteer firefighter, as described in clause (2) (h), is not an unlawful activity for the purposes of subsection (3). 2018, c. 17, Sched. 18, s. 9 (2).

Subs. (1) provisions continued during bargaining
(4) Despite anything in this Part, where the parties to a collective agreement have included in it any of the provisions permitted by subsection (1), any of such provisions may be continued in effect during the period when the parties are bargaining with a view to the renewal, with or without modifications, of the agreement or to the making of a new agreement. 2015, c. 34, Sched. 1, s. 5.

Where volunteer firefighter cannot be disciplined by association

(5) On or after November 15, 2018, no association shall deny membership to, suspend, expel, fine, attempt to collect a fine from, penalize or otherwise discipline a firefighter because the firefighter has worked, is working or intends to work as a volunteer firefighter, regardless of whether or not such work is within the jurisdiction, or adversely affects the interests, of the association. 2018, c. 17, Sched. 18, s. 9 (3).

Same, application
(6) The prohibition in subsection (5) applies regardless of whether the work as a volunteer firefighter occurred before November 15, 2018. 2018, c. 17, Sched. 18, s. 9 (3).

Civil remedy

(7) No action or other civil proceeding shall be commenced by any person, association or representative of an association against a firefighter who has worked, is working or intends to work as a volunteer firefighter, to attempt to collect a fine or any other form of monetary penalty, or to enforce or otherwise give effect to any decision of an association prohibited under subsection (5). 2018, c. 17, Sched. 18, s. 9 (3).

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 5 – 10/12/2015
2018, c. 17, Sched. 18, s. 9 (1-3) – 06/12/2018

Religious objections

52.3 (1) Where the Board is satisfied that a firefighter because of his or her religious conviction or belief,

(a) objects to joining an association; or
(b) objects to the paying of dues or other assessments to an association,

the Board may order that the provisions of a collective agreement of the type mentioned in clause 52.2 (1) (a) do not apply to the firefighter and that the firefighter is not required to join the association, to be or continue to be a member of the association, or to pay any dues, fees or assessments to the association, provided that amounts equal to any initiation fees, dues or other assessments are paid by the firefighter to or are remitted by the employer to a charitable organization mutually agreed upon by the firefighter and the association, but if the firefighter and the association fail to so agree then to a charitable organization registered as a charitable organization in Canada under Part I of the Income Tax Act (Canada) that may be designated by the Board. 2015, c. 34, Sched. 1, s. 5.

Application of subs. (1)

(2) Subsection (1) applies to firefighters in the employ of an employer at the time a collective agreement containing a provision of the kind mentioned in subsection (1) is first entered into with that employer and only during the life of such collective agreement, and does not apply to firefighters whose employment commences after the entering into of the collective agreement. 2015, c. 34, Sched. 1, s. 5.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 5 – 10/12/2015

Arbitration provision required

53 (1) Every collective agreement shall provide for the final and binding settlement by arbitration of all differences between the parties arising from the interpretation, application, administration or alleged violation of the collective agreement, including any question as to whether a matter is arbitrable, by a single arbitrator. 1997, c. 4, s. 53 (1).

Same
(2) If a collective agreement does not contain the provision mentioned in subsection (1), it shall be deemed to contain the
following provision:

If a difference arises between the parties relating to the interpretation, application, administration of this agreement, including any question as to whether a matter is arbitrable, or if an allegation is made that this agreement has been violated, either of the parties may, after exhausting any grievance procedure established in this agreement, notify the other party in writing of its desire to submit the difference or allegation to a single arbitrator. 1997, c. 4, s. 53 (2).

Selection of single arbitrator

(3) If a matter is referred to arbitration, the arbitrator shall be selected in accordance with the regulations. 1997, c. 4, s. 53 (3).

Commencement of proceedings

(4) The arbitrator shall begin the arbitration proceedings within 30 days after his or her appointment or within such longer period as the parties may agree upon or as the arbitrator may determine. 1997, c. 4, s. 53 (4).

Time for decision

(5) An arbitrator shall give a decision within 30 days after hearings on the matter submitted to arbitration are concluded.
1997, c. 4, s. 53 (5).

Same
(6) The time described in subsection (5) for giving a decision may be extended,

(a) with the consent of the parties to the arbitration; or
(b) in the discretion of the arbitrator so long as he or she states in the decision the reasons for extending the time. 1997,
c. 4, s. 53 (6).

Oral decision

(7) An arbitrator may give an oral decision and, if he or she does so, subsection (5) does not apply and the arbitrator,

(a) shall give the decision promptly after hearings on the matter are concluded;
(b) shall give a written decision, without reasons, promptly upon the request of either party; and
(c) shall give written reasons for the decision within a reasonable period of time upon the request of either party. 1997, c. 4, s. 53 (7).

Orders re decisions

(8) If the arbitrator does not give a decision within the time described in subsection (5) or does not provide written reasons within the time described in subsection (7), the Minister may,

(a) make such orders as he or she considers necessary to ensure that the decision or reasons will be given without undue delay; and
(b) make such orders as he or she considers appropriate respecting the remuneration and expenses of the arbitrator. 1997, c. 4, s. 53 (8).

Powers of arbitrators

(9) An arbitrator has power,

(a) to require any party to furnish particulars before or during a hearing;
(b) to require any party to produce documents or things that may be relevant to the matter and to do so before or during the hearing;
(c) to fix dates for the commencement and continuation of hearings;
(d) to summon and enforce the attendance of witnesses and to compel them to give oral or written evidence on oath in the same manner as a court of record in civil cases;
(e) to administer oaths and affirmations,
(f) to accept the oral or written evidence as the arbitrator in his or her discretion considers proper, whether admissible in a court of law or not;
(g) to enter any premises where work is being done or has been done by the firefighters or in which the employer carries on business or where anything is taking place or has taken place concerning any of the differences submitted to the arbitrator, and inspect and view any work, material, machinery, appliance or article therein, and interrogate any person respecting any such thing or any of such differences;
(h) to authorize any person to do anything that the arbitrator may do under clause (g) and to report to the arbitrator thereon;
(i) to make interim orders concerning procedural matters;
(j) to interpret and apply human rights and other employment-related statutes, despite any conflict between those statutes and the terms of the collective agreement. 1997, c. 4, s. 53 (9).

Restriction re interim orders

(10) An arbitrator shall not make an interim order under clause (9) (i) requiring an employer to reinstate a firefighter in employment.1997, c. 4, s. 53 (10).

Enforcement power

(10.1) An arbitrator or the chair of an arbitration board, as the case may be, may enforce the written settlement of a grievance. 2015, c. 34, Sched. 1, s. 6.

Extension of time

(11) Except where a collective agreement states that this subsection does not apply, an arbitrator may extend the time for the taking of any step in the grievance procedure under a collective agreement, despite the expiration of the time, where the arbitrator is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.1997, c. 4, s. 53 (11).

Substitution of penalty

(12) Where an arbitrator determines that a firefighter has been discharged or otherwise disciplined by an employer for cause and the collective agreement does not contain a specific penalty for the infraction that is the subject-matter of the arbitration, the arbitrator may substitute such other penalty for the discharge or discipline as to the arbitrator seems just and reasonable in all the circumstances. 1997, c. 4, s. 53 (12).

Effect of arbitrator’s decision

(13) The decision of an arbitrator is binding upon the parties and the firefighters who are covered by the agreement and affected by the decision.1997, c. 4, s. 53 (13).

Enforcement of arbitration decisions

(13.1) Where a party, employer, association, trade union, firefighter or other person has failed to comply with any of the terms of the decision of an arbitrator or arbitration board, any party, employer, association, trade union, firefighter or other person affected by the decision may file in the Superior Court of Justice a copy of the decision, exclusive of the reasons therefor, in the prescribed form, whereupon the decision shall be entered in the same way as a judgment or order of that court and is enforceable as such. 2015, c. 34, Sched. 1, s. 6.

Costs of arbitration

(14) Each party shall assume its own costs in the arbitration proceedings and pay one-half of the costs of the arbitrator.1997, c. 4, s. 53 (14).

Non-application

(15) The Arbitration Act, 1991 and the Statutory Powers Procedure Act do not apply with respect to an arbitration under this section. 1997, c. 4, s. 53 (15).

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 6 – 10/12/2015

Referral of grievances to a single arbitrator

53.0.1 (1) Despite the arbitration provision in a collective agreement or deemed to be included in a collective agreement under section 53, a party to a collective agreement may request the Minister to refer to a single arbitrator, to be appointed by the Minister, any difference between the parties to the collective agreement arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable. 2015, c. 34, Sched. 1, s. 7.

Request for references

(2) Subject to subsection (3), a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 30 days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. 2015, c. 34, Sched. 1, s. 7.

Same
(3) Despite subsection (2), where a difference between the parties to a collective agreement is a difference respecting discharge from or other termination of employment, a request under subsection (1) may be made by a party to the collective agreement in writing after the grievance procedure under the agreement has been exhausted or after 14 days have elapsed from the time at which the grievance was first brought to the attention of the other party, whichever first occurs, but no such request shall be made beyond the time, if any, stipulated in or permitted under the agreement for referring the grievance to arbitration. 2015, c. 34, Sched. 1, s. 7.

Minister to appoint arbitrator

(4) Where a request is received under subsection (1), the Minister shall appoint a single arbitrator who shall have exclusive jurisdiction to hear and determine the matter referred to him or her, including any question as to whether a matter is arbitrable and any question as to whether the request was timely. 2015, c. 34, Sched. 1, s. 7.

Same
(5) Where a request or more than one request concerns several differences arising under the collective agreement, the Minister may in his or her discretion appoint an arbitrator under subsection (4) to deal with all the differences raised in the request or requests. 2015, c. 34, Sched. 1, s. 7.

Settlement officer

(6) The Minister may appoint a settlement officer to confer with the parties and endeavour to effect a settlement prior to the hearing by an arbitrator appointed under subsection (4). 2015, c. 34, Sched. 1, s. 7.

Powers and duties of arbitrator

(7) An arbitrator appointed under subsection (4) shall commence to hear the matter referred to him or her within 21 days after the receipt of the request by the Minister and the provisions of subsections 53 (5) to (15) apply with all necessary modifications to the arbitrator, the parties and the decision of the arbitrator. 2015, c. 34, Sched. 1, s. 7.

Oral decisions

(8) Upon the agreement of the parties, the arbitrator shall deliver an oral decision forthwith or as soon as practicable without giving his or her reasons in writing therefor. 2015, c. 34, Sched. 1, s. 7.

Payment of arbitrator

(9) Where the Minister has appointed an arbitrator under subsection (4), each of the parties shall pay one-half of the remuneration and expenses of the person appointed. 2015, c. 34, Sched. 1, s. 7.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 7 – 10/12/2015

Mandatory retirement

Application

53.1 (1) This section applies to a firefighter only if the firefighter is regularly assigned to fire suppression duties. 2011, c. 13, s. 2.

Mandatory retirement provision permitted

(2) A collective agreement may contain a provision requiring firefighters to retire at a specified age of 60 or over and, if it does, a firefighter subject to the agreement shall, subject to subsection (4), retire at the specified age. 2011, c. 13, s. 2.

Existing and new collective agreements

(3) Subsection (2) applies to collective agreements that are in operation on the day section 2 of the Fire Protection and Prevention Amendment Act, 2011 comes into force and to collective agreements that come into force after that day. 2011, c. 13, s. 2.

Deemed mandatory retirement provision

(3.1) If a collective agreement does not contain a provision requiring firefighters to retire at a specified age or if it contains a provision requiring firefighters to retire at an age under 60, the agreement is deemed to contain a provision requiring firefighters to retire at the age of 60 and a firefighter subject to the agreement shall, subject to subsection (4), retire at that age. 2011, c. 13, s. 3.

Reasonable accommodation

(4) A firefighter shall not be required to retire if the firefighter can be accommodated without undue hardship, considering the cost, outside sources of funding, if any, and health and safety requirements, if any. 2011, c. 13, s. 2.

Human Rights Code

(5) This section applies despite the Human Rights Code. 2011, c. 13, s. 2.

Section Amendments with date in force (d/m/y)
2011, c. 13, s. 2 – 01/06/2011; 2011, c. 13, s. 3 – 01/06/2013
CTS 21 JN 11 – 1

Managers, etc.

54 (1) An employer may assign a person employed by it to a position which, in the opinion of the employer, involves the exercise of managerial functions or employment in a confidential capacity in matters relating to labour relations, but, subject to subsection (4), the assignment is not conclusive of the question of whether the person does exercise such functions or is employed in such capacity.

Board to decide status

(2) Subject to subsection (4), the Board, on application of an employer, has exclusive jurisdiction to determine any question as to whether a person exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations, and its decision is final and conclusive for all purposes.

Same
(3) Subject to subsection (4), a person shall remain in the bargaining unit until the Board makes a determination under subsection (2), unless the parties otherwise agree.

Designation

(4) Subject to subsections (5) and (8), an employer may, in its sole discretion, designate a person described in subsection (1) as a person who shall for purposes of this Act be conclusively deemed to be exercising managerial functions or acting in a confidential capacity in matters relating to labour relations.

Consent required

(5) An employer shall not designate a person under subsection (4) unless the person consents to the designation.

If no consent

(6) If a person does not consent to a designation under subsection (4), the employer shall assign the person to a position in the bargaining unit. If the position to which a person is assigned has a lower salary than the position held by the person before the assignment, he or she is entitled to be paid the same salary and to receive the same benefits after the assignment as he or she was paid and received before the assignment.

Revocation

(7) A designation under subsection (4) may be revoked by the employer at any time.

Restriction

(8) An employer shall not designate under subsection (4) more than,

(a) two persons, if the employer employs fewer than 25 persons;
(b) three persons, if the employer employs 25 or more but fewer than 150 persons;
(c) four persons, if the employer employs 150 or more but fewer than 300 persons; or
(d) five persons, if the employer employs 300 or more persons. 1997, c. 4, s. 54 (1-8).

Amalgamations

(8.1) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters amalgamate, the amalgamated municipality is entitled under subsection (4) to designate the number of persons that is equal to the sum of the numbers of persons that each of the amalgamating municipalities would have been able to designate immediately before the amalgamation.

Dissolutions and incorporations

(8.2) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters are dissolved and the inhabitants of the municipalities are incorporated in a new municipality, subsection (8.1) shall apply as if the dissolved municipalities were amalgamating municipalities and the new municipality was an amalgamated municipality. 1997, c. 21, Sched. A, s. 3 (2).

Calculating number of persons employed

(9) For the purposes of subsection (8), the number of persons employed by the employer is the sum of,

(a) the number of persons employed by the employer who are firefighters; and
(b) the number of persons who are performing or conclusively deemed to be performing managerial functions with respect to firefighters or acting in a confidential capacity in matters relating to labour relations with respect to firefighters. 1997, c. 4, s. 54 (9).

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (2) – 29/10/1997

Enforcement of decisions

55 (1) If a person or bargaining agent fails to comply with a decision of an arbitrator under section 53, the person or
bargaining agent affected by the decision may file a copy of the decision (excluding the reasons for the decision) with the
Superior Court of Justice. 1997, c. 4, s. 55 (1); 2002, c. 18, Sched. N, s. 14.

Same
(2) The decision shall not be filed with the court until 30 days have elapsed after the date the decision was released or after the date specified in the decision for complying with it. 1997, c. 4, s. 55 (2).

Effect of filing

(3) When it is filed with the court, the decision shall be entered in the same way as a judgment or order of the court and is enforceable as such. 1997, c. 4, s. 55 (3).

Section Amendments with date in force (d/m/y)
2002, c. 18, Sched. N, s. 14 – 26/11/2002

Working conditions not to be altered

56 (1) If notice has been given under section 47 by a bargaining agent for a unit of firefighters or an employer and no collective agreement is in operation,

(a) the employer shall not, except with the consent of the bargaining agent, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated; and
(b) the bargaining agent shall not, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the bargaining agent or the firefighters until the right of the bargaining agent to represent the firefighters has been terminated.

Arbitration if no agreement

(2) If notice has been given under subsection 47 (2) and no collective agreement is in operation, any difference between the parties as to whether or not subsection (1) was complied with may be referred to arbitration by either of the parties as if the collective agreement was still in operation and the arbitration shall proceed in accordance with section 53. 1997, c. 4, s. 56.

Inquiry, alleged contravention

56.1 (1) The Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Part. 2015, c. 34, Sched. 1, s. 8.

Duties

(2) The labour relations officer shall forthwith inquire into the complaint and endeavour to effect a settlement of the matter complained of. 2015, c. 34, Sched. 1, s. 8.

Report

(3) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board. 2015, c. 34, Sched. 1, s. 8.

Remedy for discrimination

(4) Where a labour relations officer is unable to effect a settlement of the matter complained of or where the Board in its discretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint of a contravention of this Part and where the Board is satisfied that an employer, employers’ organization, association, person or firefighter has acted contrary to this Part it shall determine what, if anything, the employer, employers’ organization, association, person or firefighter shall do or refrain from doing with respect thereto and such determination, without limiting the generality of the foregoing may include, despite the provisions of any collective agreement, any one or more of,

(a) an order directing the employer, employers’ organization, association, firefighter or other person to cease doing the act or acts complained of;
(b) an order directing the employer, employers’ organization, association, firefighter or other person to rectify the act or acts complained of; or
(c) an order to reinstate in employment or hire the person or firefighter concerned, with or without compensation, or to compensate instead of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer, employers’ organization, association, firefighter or other person jointly or severally. 2015, c. 34, Sched. 1, s. 8.

Burden of proof

(5) On an inquiry by the Board into a complaint under subsection (4) that a person has been refused employment, discharged, discriminated against, threatened, coerced, intimidated or otherwise dealt with contrary to this Part as to the person’s employment, opportunity for employment or conditions of employment, the burden of proof that any employer or employers’ organization did not act contrary to this Part lies upon the employer or employers’ organization. 2015, c. 34, Sched. 1, s. 8.

Filing in court

(6) An association, employer, employers’ organization, firefighter or other person affected by the determination may file the determination, excluding the reasons, in the prescribed form in the Superior Court of Justice and it shall be entered in the same way as an order of that court and is enforceable as such. 2015, c. 34, Sched. 1, s. 8.

Effect of settlement

(7) Where a proceeding under this Part has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the association, employer, employers’ organization, firefighter or other person who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the association, employer, employers’ organization, firefighter or other person who agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1). 2015, c. 34, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 8 – 10/12/2015

“person” defined for purposes of ss. 46.8 and 56.1

56.2 For the purposes of section 46.8 and any complaint made under section 56.1, “person” includes any person otherwise excluded by subsection 41 (2). 2015, c. 34, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 8 – 10/12/2015

Board power re interim orders

56.3 (1) On application in a pending proceeding, the Board may,

(a) make interim orders concerning procedural matters on such terms as it considers appropriate;
(b) subject to subsections (2) and (3), make interim orders requiring an employer to reinstate a firefighter in employment on such terms as it considers appropriate; and
(c) subject to subsections (2) and (3), make interim orders respecting the terms and conditions of employment of a firefighter whose employment has not been terminated but whose terms and conditions of employment have been altered or who has been subject to reprisal, penalty or discipline by the employer. 2015, c. 34, Sched. 1, s. 8.

Same
(2) The Board may exercise its power under clause (1) (b) or (c) only if the board determines that all of the following conditions are met:

1. The circumstances giving rise to the pending proceeding occurred at a time when a campaign to establish bargaining rights was underway.
2. There is a serious issue to be decided in the pending proceeding.
3. The interim relief is necessary to prevent irreparable harm or is necessary to achieve other significant labour relations objectives.
4. The balance of harm favours the granting of the interim relief pending a decision on the merits in the pending proceeding. 2015, c. 34, Sched. 1, s. 8.

Same
(3) The Board shall not exercise its powers under clause (1) (b) or (c) if it appears to the Board that the alteration of terms and conditions, dismissal, reprisal, penalty or discipline by the employer was unrelated to the exercise of rights under this Part by a firefighter. 2015, c. 34, Sched. 1, s. 8.

Same
(4) Despite subsection 56.1 (5), in an application under this section, the burden of proof lies on the applicant. 2015, c. 34, Sched. 1, s. 8.

Same
(5) With respect to the Board, the power to make interim orders under this section applies instead of the power under subsection 16.1 (1) of the Statutory Powers Procedure Act. 2015, c. 34, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 8 – 10/12/2015

Transition rules

56.4 If, on the day the Employment and Labour Statute Law Amendment Act, 2015 received First Reading, a matter was before the Board or an arbitrator and the Board or arbitrator had not given a decision on the matter, the Board or arbitrator shall decide the matter in accordance with this Act as amended by the Employment and Labour Statute Law Amendment Act, 2015, regardless of when the matter in dispute occurred. 2015, c. 34, Sched. 1, s. 8.

Section Amendments with date in force (d/m/y)
2015, c. 34, Sched. 1, s. 8 – 10/12/2015

REGULATIONS

Regulations

57 The Minister may make regulations,

(a) REPEALED: 2016, c. 37, Sched. 9, s. 7.
(b) governing the selection of arbitrators under section 53;
(c) prescribing forms for the purposes of subsections 53 (13.1) and 56.1 (6). 1997, c. 21, Sched. A, s. 3 (3); 2011, c. 13, s. 4; 2015, c. 34, Sched. 1, s. 9; 2016, c. 37, Sched. 9, s. 7.

Section Amendments with date in force (d/m/y)
1997, c. 21, Sched. A, s. 3 (3) – 29/10/1997
2011, c. 13, s. 4 – 01/12/2011
2015, c. 34, Sched. 1, s. 9 – 10/12/2015
2016, c. 37, Sched. 9, s. 7 – 08/12/2016