Bill 152 2004

An Act to amend the Labour Relations Act, 1995 and the Crown Employees Collective Bargaining Act, 1993 with respect to successor rights

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

1.  (1)  Subsection 69 (1) of the Labour Relations Act, 1995 is amended by adding the following definition:

"services" mean services provided directly or indirectly by or to a premises owner or manager that are related to servicing the premises, including cleaning services, food services and security services. ("services")

(2)  Section 69 of the Act is amended by adding the following subsections:

Interpretation

(1.1)  For the purposes of this section, the sale of a business is deemed to have occurred if,

(a) employees provide services at premises that are their principal place of work;

(b) the employer of the employees mentioned in clause (a) ceases, in whole or in part, to provide the services at the premises; and

(c) substantially similar services are subsequently provided at the premises under the direction of another employer.

Same, employer

(1.2)  For the purposes of this section, the employer mentioned in clause (1.1) (b) is considered to be the predecessor employer and the employer mentioned in clause (1.1) (c) is considered to be the successor employer.

2.  Section 10 of the Crown Employees Collective Bargaining Act, 1993, as re-enacted by the Statutes of Ontario, 1995, chapter 1, section 23, is repealed.

Commencement

3.  This Act comes into force on the day it receives Royal Assent.

Short title

4.  The short title of this Act is the Labour Relations Statute Law Amendment Act (Successor Rights), 2004.

EXPLANATORY NOTE

Under section 69 of the Labour Relations Act, 1995, if an employer who is bound by a collective agreement with respect to employees sells a business, the person to whom the business is sold is still bound by the collective agreement. The Bill amends the Act to extend the application of that section to a situation where a contractor who provides services at a premises is replaced by another contractor who provides substantially similar services at the same premises.

The Bill amends the Crown Employees Collective Bargaining Act, 1993 to make section 69 of the Labour Relations Act, 1995 applicable to Crown employees and employees of agencies of the Crown covered by the former Act.