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Agricultural Labour Relations Act, 1994

S.O. 1994, CHAPTER 6

Note: This Act was repealed on November 10, 1995. See: 1995, c. 1, s. 80 (1).

Amended by: 1995, c. 1, s. 80.

CONTENTS

PART I
INTERPRETATION AND APPLICATION 

 

1.
2.

    Meaning of expressions
    Application

PART II
APPLICATION OF LABOUR
RELATIONS ACT 

3.

4.
5.
6.
7.

    Incorporation of Labour Relations Act provisions
    Bargaining units
    Access to property
    Just cause provision
    Working conditions not to be altered

PART III
FAMILY MEMBERS  

8.

    Family members

PART IV
RATIFICATION VOTES  

 

9.

    Ratification votes

PART V
DISPUTE SETTLEMENT  

 

10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.

    Strikes prohibited
    Trade union not to call strike
    Lock-outs prohibited
    Mediation
    Further mediation
    Final offer selection
    Notice of final offer
    Final offer of opposite party
    Hearing
    Waiving hearing
    Bargaining may continue
    Selection
    Voluntary arbitration

PART VI
ADVISORY COMMITTEE  

 

23.

    Advisory committee

PART VII
REGULATIONS  

 

24.

    Regulations

PART VIII
MISCELLANEOUS  

 

25.
26.

    Money
    Review of Act

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Preamble

It is in the public interest to extend collective bargaining rights to employees and employers in the agriculture and horticulture industries.

However, the agriculture and horticulture industries have certain unique characteristics that must be considered in extending those rights. Those unique characteristics include seasonal production, climate sensitivity, time sensitivity, and perishable nature of agriculture and horticulture products, and the need for maintenance of continuous processes to ensure the care and survival of animal and plant life.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I
INTERPRETATION AND APPLICATION

Meaning of expressions

1.  (1) Unless the contrary intention appears, expressions used in this Act have the same meaning as in the Labour Relations Act.

“agriculture” defined

(2) For the purposes of this Act and the Labour Relations Act, “agriculture” includes farming in all its branches, including dairying, beekeeping, aquaculture, the raising of livestock, furbearing animals and poultry, the production, cultivation, growing and harvesting of agricultural commodities, including eggs and mushrooms, and any practices performed as an integral part of an agricultural operation, but does not include anything that was not or would not have been determined to be agriculture under section 2 of the Labour Relations Act before this section comes into force.

References

(3) References in this Act, except in subsection 2(3) to the Labour Relations Act, are references to that Act as it reads upon the coming into force of this Act.

Employees

(4) For the purposes of this Act, no person shall be deemed to have ceased to be an employee by reason only of being dismissed by the person’s employer contrary to this Act or to a collective agreement.

Share-growers

(5) If an issue arises as to whether a person who is a share-grower is an employee for the purposes of this Act, it shall be presumed that the share-grower is not an employee unless the contrary is proven.

Collective agreements

(6) References in this Act to the making or effecting of a collective agreement shall be construed to include the renewal or the effecting of a renewal of a collective agreement. 1994, c.6, s.1.

Application

2.  (1) Subject to subsection (2), this Act applies to any persons employed in agriculture or horticulture, to the trade unions and councils of trade unions that act or purport to act for or on behalf of any persons so employed, to the employers of such persons and to the employers’ organizations of which those employers are members.

Exception

(2) This Act does not apply to a person employed in horticulture,

(a) who is an employee of a municipality;

(b) who is an employee of an employer whose primary business is not agriculture or horticulture;

(c) who is employed in silviculture.

Existing bargaining units

(3) Despite any provision of this Act, if immediately before this Act comes into force there was in existence a bargaining unit voluntarily recognized under the Labour Relations Act in respect of persons who are entitled to bargain under this Act, the Labour Relations Act applies to the employer, the bargaining agent and the employees in the bargaining unit. 1994, c.6, s.2.

PART II
APPLICATION OF LABOUR RELATIONS ACT

Incorporation of Labour Relations Act provisions

3.  (1) The following provisions of the Labour Relations Act shall be deemed to form part of this Act:

Section

Description

1, except (2)

Definitions

2.1

Purposes

3, 4

Freedoms

5

Application for certification

6, except subss. (2.3), (3)

Appropriate bargaining unit

7

Combining bargaining units

8-10

Certification

11, 11.1, except subs. 11.1 (3)

Rights of access

13

Unions no certification

14, 15

Negotiation of agreements

41.1

Duty to bargain adjustment plan

42-44.1

Mandatory collective agreement provisions

45, 46

Arbitration provisions

46.1

Consensual mediation-arbitration

47, except clause (4) (d)

Permissive collective agreement provisions

48

Religious objections

49

No collective agreement where employer support

49.1

Discrimination prohibited

50-54, 56

Operation of collective agreements

57-61

Termination of bargaining rights

62, except clauses
(1) (b) and (2) (c) and subs. (3)

Timeliness of representation applications

63

Successor union

64-64.2

Sale of business

65-72

Unfair labour practices

76-80, except subs. 78 (2)

Unlawful strike or lock-out

81

Working conditions—no alteration

81.2

No dismissal or discipline without just cause

82

Witnesses’ rights

83

No removal, etc., of notices

84

Trusteeship over local unions

85

Filing of collective agreements

86

Filing of union documents

87, 88

Union duty to file financial statements

89

Representative for service process

90

Publications

91

Contravention of the Act

92

Definition of “person”

92.1

Interim orders

92.2

Complaints during organizing activities

94

Declaration of unlawful strike

95

Declaration of unlawful lock-out

96

Court enforcement

97

Arbitration of damages after unlawful strike or lock-out

98-103

Prosecution of offences

104

Administration by Ontario Labour Relations Board

105

Powers and duties of Board

106

Mistakes in names of parties

107

Proof of status of trade unions

108

Board jurisdiction

109

Minister’s reference to Board

110

Board orders not subject to review

111, 112

Non-compellability in civil suits

113

Secrecy of union membership

113.1

Competency as witness

114

Ministerial delegation

115

Mailed notices, release of documents

116

Technical irregularities

117

Administration cost

118

Regulations

Same

(2) References in any section of the Labour Relations Act referred to in subsection (1) to “accredited employer’s organization”, “construction industry”, section 93 or any section following section 118 of the Labour Relations Act do not apply to the interpretation or application of this Act.

Same

(3) For the purposes of this Act,

(a) section 15 of the Labour Relations Act applies to the bargaining that follows the giving of a notice referred to in section 54 of that Act;

(b) subsection 60 (2), clauses 62(1)(a) and (2)(b), subsection 64(2.2) and sections 113, 113.1 and 115 shall be read as if they did not refer to a conciliation officer or conciliation board.

Conflicts

(4) In the event of any conflict between this Act and the Labour Relations Act, this Act prevails. 1994, c.6, s.3.

Bargaining units

4.  (1) The application of section 6 of the Labour Relations Act is subject to the modifications set out in this section.

Seasonal employees

(2) No trade union shall be certified as the bargaining agent for a bargaining unit that contains employees employed on a seasonal basis unless,

(a) a regulation has been made under this Act declaring that trade unions may be so certified; and

(b) the bargaining unit contains no employees other than employees employed on a seasonal basis. 1994, c.6, s.4.

Access to property

5.  (1) The application of section 11 of the Labour Relations Act is subject to the modifications set out in this section.

Health and safety

(2) The Board, in giving a direction to an employer to allow a representative of a trade union access to the property of the employer, shall take into account the sanitary practices and the health and safety practices of the employer, both as they concern employees and as they concern agricultural and horticultural products and production. 1994, c.6, s.5.

Just cause provision

6.  (1) The application of section 43.1 of the Labour Relations Act is subject to the modifications set out in this section.

Continuation of provisions

(2) The provisions in the previous collective agreement respecting just cause continue in effect until a new or renewed collective agreement is in operation or until the right of the trade union to represent the employees is terminated, whichever occurs first. 1994, c.6, s.6.

Working conditions not to be altered

7.  (1) The application of section 81 of the Labour Relations Act is subject to the modifications set out in this section.

Notice given, no collective agreement operating

(2) If notice has been given under section 14 or 54 of the Labour Relations Act and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees until the right of the trade union to represent the employees has been terminated. 1994, c.6, s.7.

PART III
FAMILY MEMBERS

Family members

8.  (1) In this section, “family member”, in reference to an employer, means, subject to the regulations, a spouse, child, sibling, parent or grandchild of,

(a) the employer;

(b) if the employer is a partnership,

(i) a partner, if the partner has at least a 51 per cent share in the partnership,

(ii) a member of a related group of partners, if the group has at least a 51 per cent share in the partnership, or such lesser percentage as the employer and trade union may agree;

(c) if the employer is a corporation,

(i) a shareholder, if the shareholder’s shares carry at least 51 per cent of the existing voting rights attached to all shares in the corporation, or such lesser percentage as the employer and trade union may agree,

(ii) a member of a related group of shareholders, if the group’s shares carry at least 51 per cent of the existing voting rights attached to all shares in the corporation, or such lesser percentage as the employer and trade union may agree.

Related group

(2) A related group is a group of persons that consists of any combination of persons who are related to each other as spouse, parent, child, sibling, grandparent or grandchild.

Work by family members

(3) No employer or family member of an employer shall rely on this section for any purpose other than allowing a family member to perform work for any employer.

No prohibition of work by family members

(4) No provision of this Act or the Labour Relations Act shall be interpreted so as to prohibit or allow the prohibition of a family member of an employer from performing any work for the employer.

Collective agreements, trade union constitutions, etc.

(5) No provision of a collective agreement or trade union constitution, by-law or rule shall prohibit or be interpreted to prohibit or have the effect of prohibiting a family member of an employer from performing work for the employer.

Seniority

(6) Subsection (5) applies even if the performance of the work by a family member would contravene a seniority right provision of a collective agreement. 1994, c.6, s.8.

PART IV
RATIFICATION VOTES

Ratification votes

9.  (1) A vote to ratify a proposed collective agreement taken by a trade union shall be by ballots cast in such a manner that persons expressing their choice cannot be identified with the choice expressed.

Right to vote

(2) All employees in a bargaining unit, whether or not the employees are members of the trade union or of any constituent union of a council of trade unions, shall be entitled to participate in a vote to ratify a proposed collective agreement.

Opportunity to vote

(3) Any vote mentioned in subsection (1) shall be conducted in such a manner that those entitled to vote have ample opportunity to cast their ballots. 1994, c.6, s.9.

PART V
DISPUTE SETTLEMENT

Strikes prohibited

10.  No employee shall strike or threaten a strike. 1994, c.6, s.10.

Trade union not to call strike

11.  No trade union or council of trade unions shall call or authorize or threaten to call or authorize a strike and no officer, official or agent of a trade union or council of trade unions shall counsel, procure, support or encourage a strike or threaten a strike. 1994, c.6, s.11.

Lock-outs prohibited

12.  No employer or employer’s organization shall call or authorize or threaten to call or authorize a lock-out and no officer, official or agent of an employer or employer’s organization shall counsel, procure, support or encourage a lock-out or threaten a lock-out. 1994, c.6, s.12.

Mediation

13.  (1) Subject to subsection (3), if a party has given notice to the other party of its desire to bargain under section 14 or 54 of the Labour Relations Act, the Minister shall, if either party so requests, appoint a mediator.

If no notice

(2) Subject to subsection (3), if the parties have met and bargained or if there has been a voluntary recognition of the trade union, the Minister may, if either party so requests, appoint a mediator even though notice to bargain has not been given.

Restriction

(3) No request shall be made under subsection (1) before the expiry of sixty days following the day on which notice was given or under subsection (2) before the expiry of sixty days following the first day of bargaining or the day on which voluntary recognition occurred unless the request is made by both parties in writing.

Duty of mediator

(4) The mediator shall confer with the parties and endeavour to effect a collective agreement.

Report

(5) The mediator shall report the result of his or her endeavour to effect a collective agreement to the Minister forthwith upon the expiry of thirty days following the day on which he or she was appointed.

Same

(6) The Minister shall forthwith, by notice in writing, inform the parties of the report. 1994, c.6, s.13.

Further mediation

14.  The Minister may, on the request in writing of both parties, appoint a further mediator after receiving the report of a mediator under subsection 13(5). 1994, c.6, s.14.

Final offer selection

15.  (1) If the mediator has reported to the Minister that he or she has been unable to effect a collective agreement, the Minister shall notify the parties in writing that,

(a) they must appoint a selector to decide the matters remaining in dispute between them by selecting all of the final offer made by one party or all of the final offer made by the opposite party on those matters; and

(b) within seven days of the selector’s appointment, each party must given written notice to the selector setting out the party’s final offer on all the matters remaining in dispute between the parties.

Minister may appoint

(2) If the parties have not appointed a selector within seven days after receiving notice under subsection (1), the Minister may make the appointment and the Minister must do so upon the request of a party.

Notice of appointment

(3) If the Minister appoints a selector, he or she shall give written notice of the appointment to the parties.

Content of notice

(4) The notice shall set out the name and address of the selector and the date of the appointment and advise that, within seven days of the selector’s appointment, each party must give written notice to the selector setting out the party’s final offer on all the matters remaining in dispute between the parties. 1994, c.6, s.15.

Notice of final offer

16.  (1) Within seven days of the selector’s appointment,

(a) the parties shall jointly give written notice to the selector setting out any matters that have been agreed upon for inclusion in a collective agreement; and

(b) each party shall give written notice to the selector setting out the party’s final offer on all the matters remaining in dispute between the parties.

Delay

(2) A party may give written notice of its final offer after the expiry of the time limit in subsection (1) if the selector determines that there are reasonable grounds for the delay.

No amended or new final offers

(3) Once notice setting out a party’s final offer has been given, that party shall not give to the selector any notice purporting to replace or amend the offer.

Supporting statement

(4) A party may submit with the notice a written statement in support of the final offer set out in the notice. 1994, c.6, s.16.

Final offer of opposite party

17.  Upon receiving the notices of the parties setting out their final offers, the selector shall forthwith give to each party a copy of the notice setting out the final offer of the opposite party together with a copy of the statement, if any, that the opposite party submitted in support of that party’s final offer. 1994, c.6, s.17.

Hearing

18.  (1) Within fifteen days after the date on which each party was given a copy of the notice setting out the final offer and supporting statement, if any, of the opposite party, the selector shall hold a hearing in respect of the matters remaining in dispute between the parties.

Extension

(2) The period referred to in subsection (1) may be extended by the selector if the parties jointly request an extension in writing.

Adjournment

(3) The selector may adjourn the hearing from time to time to allow the parties to resolve the matters in dispute by negotiation if, in his or her opinion, there is a reasonable likelihood that they will be able to do so.

Same

(4) Subsection (3) shall not be interpreted so as to detract from any power the selector has to adjourn the hearing for a reason other than that referred to in subsection (3).

Procedure

(5) The selector shall determine his or her own procedure but shall give full opportunity to the parties to present evidence and make submissions.

Powers

(6) The selector has all the powers of an arbitrator under the Labour Relations Act but shall not mediate differences between the parties at any stage in the proceedings.

Statutory Powers Procedure Act

(7) Part I of the Statutory Powers Procedure Act does not apply to proceedings before a selector. 1994, c.6, s.18.

Waiving hearing

19.  The parties may agree to waive a hearing and in such case shall jointly give written notice to the selector that they have so agreed. 1994, c.6, s.19.

Bargaining may continue

20.  (1) Even though the parties have received notice under section 14 that the matters remaining in dispute between them must be decided by selecting all of the final offer made by one party or all of the final offer made by the opposite party on those matters, the parties may continue to bargain or may resume bargaining at any time.

Notice if agreement on some matters

(2) If at any time after notice of final offer is given to the selector and before the expiry of forty-eight hours following the conclusion of a hearing under section 18 or the giving of notice of waiver of a hearing under section 19 the parties reach agreement on some but not all of the matters in dispute between them for inclusion in the collective agreement, they shall forthwith give written notice to the selector as to the matters agreed upon.

Effect of partial agreement

(3) The selector shall not consider the final offer of either party with respect to those matters on which agreement has been reached and those matters shall not be decided by final offer selection.

Complete agreement

(4) If at any time after notice of final offer is given to the selector and before the selector notifies the parties of his or her selection under subsection 21(6) the parties reach agreement in writing on all of the matters in dispute between them, they shall forthwith give written notice to the selector of their agreement.

Effect of complete agreement

(5) The agreement referred to in subsection (4) is a collective agreement for purposes of the Labour Relations Act.

Termination of selector’s appointment

(6) The appointment of the selector terminates upon his or her receiving notice under subsection (4). 1994, c.6, s.20.

Selection

21.  (1) The selector shall, before the expiry of fifteen days but not before the expiry of seven days from the conclusion of the hearing, select all of the final offer made by one party or all of the final offer made by the opposite party on all the matters remaining in dispute.

If no hearing

(2) If the parties have agreed to waive a hearing, the selector shall make his or her selection before the expiry of fifteen days but not before the expiry of seven days from the date on which he or she receives notice under section 19.

Extension

(3) If the parties jointly give notice to the selector in writing that they wish a period referred to in this section to be extended, it shall be extended to such length as the parties indicate in the notice.

Amended final offers not to be considered

(4) The final offer selected shall be a final offer as set out in a notice given in accordance with clause 16(1)(b) or subsection 16(2), and the selector shall not consider any purported amendment or replacement of such an offer.

Failure to give notice of final offer

(5) If one party fails to give written notice to the selector setting out the party’s final offer, the selector shall select the final offer of the opposite party.

Notification

(6) The selector, upon making his or her selection, shall forthwith notify the parties in writing of the selection.

Finality

(7) The decision of the selector shall not be questioned in any court, and no order shall be made or process entered, or proceedings taken in any court, whether by way of injunction, declaratory judgment, certiorari, mandamus, prohibition, quo warranto, or otherwise, to question, review, prohibit or restrain the selector or any proceedings before him or her.

Arbitration Act, 1991

(8) The Arbitration Act, 1991 does not apply to the selection.

Collective agreement prepared by selector

(9) If the parties have not agreed upon the terms of a collective agreement within ten days after they are notified of the decision of the selector, the selector shall prepare a document giving effect to the decision and any agreement about which the selector has been notified under clause 16(1)(a) or section 20.

Same

(10) The selector shall give copies of the document prepared under subsection (9) to the parties and the document then becomes a collective agreement under the Labour Relations Act effective on the day set out in the document. 1994, c.6, s.21.

Voluntary arbitration

22.  (1) Despite any other provision of this Act, if the parties irrevocably so agree in writing at any time following the giving of notice of desire to bargain, all matters in dispute between them shall be referred to an arbitrator or a board of arbitration for final and binding arbitration.

Other provisions superseded

(2) The agreement to arbitrate supersedes all other dispute settlement provisions of this Act.

Powers of arbitrator or board of arbitration

(3) Subsections 45(6), (6.1), (6.2), (7), (8.1) and (10) to (12) of the Labour Relations Act apply, with necessary modifications, to the arbitration proceeding and decision.

Effect of agreement

(4) For the purposes of section 62 of the Labour Relations Act, an irrevocable agreement in writing referred to in subsection (1) shall have the same effect as a collective agreement. 1994, c.6, s.22.

PART VI
ADVISORY COMMITTEE

Advisory committee

23.  (1) The Agricultural Labour Management Advisory Committee established by the Minister is continued under that name in English and under the name ComitÚ consultatif patronal-syndical sur le secteur agricole in French.

Function

(2) It is the function of the Committee to advise the Minister on labour relations in the agricultural and horticultural industries, including the operation of this Act, the establishment of information resources for persons to whom this Act applies and the establishment of educational and training programs for them.

Membership

(3) The Committee shall consist of such co-chairs and of such number of other members as the Ministry may appoint.

Representation

(4) Employers and employees shall be equally represented on the Committee and the Minister may provide for government representation. 1994, c.6, s.23.

PART VII
REGULATIONS

Regulations

24.  (1) The Lieutenant Governor in Council may make regulations,

(a) declaring that trade unions may be certified as bargaining agents for bargaining units containing employees employed on a seasonal basis and governing their certification;

(b) further defining or redefining “family member” and “related group” for the purposes of section 8;

(c) providing for and regulating the engagement of experts, investigators and other assistants by selectors;

(d) fixing the remuneration of selectors and limiting the reimbursement of their expenses;

(e) allocating responsibility for the remuneration of selectors and the reimbursement of their expenses;

(f) prescribing when written notice or any other document that is required by this Act to be given to the Minister, a party or a selector is deemed to have been given if it is served by a means other than personal service;

(g) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act.

Application

(2) A regulation made under subsection (1) may be general or specific in its application and may be confined in its application to such classes of employer or employee as are described in the regulation. 1994, c.6, s.24.

PART VIII
MISCELLANEOUS

Money

25.  The money required for the purposes of this Act by the Crown in right of Ontario shall, until March 31, 1994, be paid out of the Consolidated Revenue Fund. 1994, c.6, s.25.

Review of Act

26.  (1) Within five years of the day Part V comes into force, the Lieutenant Governor in Council shall appoint a person to review that Part and its operation.

Report to Minister

(2) The appointee shall prepare a report on his or her findings and submit it to the Minister.

Same

(3) The appointee in conducting the review shall consult with the Agricultural Labour Management Advisory Committee.

Tabling

(4) The Minister shall table the report before the Assembly if it is in session or, if not, at the next session. 1994, c.6, s.26.

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