Bill 84 2012

An Act to amend the Labour Relations Act, 1995 with respect to the Ontario Labour Relations Board and other matters

Note: This Act amends the Labour Relations Act, 1995.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Section 2 of the Labour Relations Act, 1995 is repealed.

   2.  Subsections 110 (17), (18), (19), (20), (21) and (22) of the Act are repealed.

   3.  Section 116 of the Act is repealed and the following substituted:

Appeal

   116.  A party affected by a decision, order, direction, declaration or ruling of the Board may appeal it to the Divisional Court in accordance with the rules of court.

   4.  (1)  Section 117 of the Act is amended by striking out "in any civil proceeding or".

   (2)  Section 117 of the Act is amended by adding the following subsection:

Same

   (2)  No member of the Board, nor its registrar, nor any of its other officers, nor any of its clerks or servants shall be required to give testimony in any civil proceeding, other than an appeal or a judicial review relating to a proceeding under this Act, respecting information obtained in the discharge of their duties or while acting within the scope of their employment under this Act.

   5.  Subsection 120 (1) of the Act is repealed.

   6.  Section 125 of the Act is amended by adding the following clause:

(j.1)  governing the Board's practice and procedure and the exercise of its powers and prescribing forms that are required to be used in proceedings before the Board;

Commencement

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

Short title

   8.  The short title of this Act is the Labour Relations Amendment Act (Ontario Labour Relations Board), 2012.

EXPLANATORY NOTE

The Bill amends the Labour Relations Act, 1995 to remove the stated purposes of the Act.

The practice and procedure of the Ontario Labour Relations Board is no longer determined by rules made by the Board but is determined by regulations made by the Lieutenant Governor in Council under the Act.

At present, a party affected by a decision of the Ontario Labour Relations Board has no right of appeal. The Bill provides a right of appeal to the Divisional Court in accordance with the rules of court. It also makes members of the Board and other officers compellable witnesses in an appeal or on a judicial review of the Board's proceedings and makes the Minister of Labour and other Ministry officials compellable witnesses before a court or tribunal.