 section:

Deemed non-construction employer

127 (1) The following entities are deemed to be non-construction employers:

1. A municipality.

2. A local board within the meaning of the Municipal Act, 2001.

3. A school board within the meaning of the School Boards Collective Bargaining Act, 2014.

4. A hospital within the meaning of the Public Hospitals Act.

5. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002.

6. A university in Ontario that receives regular direct operating funding from the Government and the university’s affiliates and federates.

7. A public body within the meaning of the Public Service of Ontario Act, 2006.

Effect on bargaining rights and collective agreements

(2) Paragraphs 1 and 2 apply with respect to a trade union that represents employees of a non-construction employer referred to in subsection (1) employed, or who may be employed, in the construction industry:

1. On the day this subsection comes into force, the trade union no longer represents those employees of the non-construction employer who are employed in the construction industry.

2. On the day this subsection comes into force, any collective agreement binding the non-construction employer and the trade union ceases to apply with respect to the non-construction employer in so far as the collective agreement applies to the construction industry.

Amendment of unit

(3) A non-construction employer referred to in subsection (1) or a trade union affected by the application of subsection (2) may apply to the Board to redefine the composition of a bargaining unit affected by the application of subsection (2) if the bargaining unit also includes employees who are not employed in the construction industry.

Non-application of ss. 127.1, 127.2

(4) Sections 127.1 and 127.2 do not apply with respect to a non-construction employer referred to in subsection (1).

Commencement

15 (1) Subject to subsection (2), this Schedule comes into force on the day the Restoring Ontario’s Competitiveness Act, 2018 receives Royal Assent.

(2) Sections 12 to 14 come into force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 10

Ministry of Municipal Affairs and Housing

Planning Act
section: 

 Deemed non - construction employer 

 127 (1) The following entities are deemed to be non - construction employer: 

 1. A municipality. 

 2. A local control panel within the meaning of the Municipal Act, 2001. 

 3. A school board within the meaning of the School Boards Collective Bargaining Act, 2014. 

 4. A hospital within the meaning of the Public Hospitals Act. 

 5. A college established under the Ontario Colleges of Applied Arts and Technology Act, 2002. 

 6. A university in Ontario that pick up unconstipated direct operating funding from the Government and the university ’s affiliate and federates. 

 7. A public consistency within the meaning of the Public Service of Ontario Act, 2006. 

 Effect on bargaining rights and collective agreements 

 (2) paragraph 1 and 2 apply with respect to a trade wind union that represents employees of a non - construction employer referred to in subsection (1) employed, or who may be use, in the construction industry: 

 1. On the day this subsection come into force, the trade union no longer represents those employee of the non - construction employer who are employed in the structure industry. 

 2. On the day this subsection comes into force, any corporate agreement binding the non - construction employer and the trade union ceases to apply with respect to the non - construction employer in so far as the collective agreement applies to the construction industry. 

 Amendment of unit 

 (3) A non - construction employer referred to in subsection (1) or a trade union affected by the application of subsection (2) may use to the Board to redefine the composition of a bargaining unit involve by the lotion of subsection (2) if the bargaining unit also includes employees who are not employed in the construction industry. 

 Non - application of ss. 127.1, 127.2 

 (4) section 127.1 and 127.2 do not apply with respect to a non - construction employer referred to in subsection (1). 

 Commencement 

 15 (1) Subject to subsection (2), this Schedule comes into power on the day the Restoring Ontario ’s Competitiveness Act, 2018 receives Royal Assent. 

 (2) Sections 12 to 14 come into force on a day to be name by announcement of the Lieutenant Governor. 

 SCHEDULE 10 

 Ministry of Municipal Affairs and Housing 

 Planning Act
 seftion:

Deemed non-constructlon employer

127 (1) Thg dollowmng entjties ard deemed to be non-constructiln empliyers:

1. A municipality.

2. A local bowrd withun tie meaning of thx Municiicl Acf, 2001.

3. A vrhool board witmin the meating of the Scvoul Boards Collective Bargaining Act, 2014.

4. W hospiyap within the mganinb of fhe Public Hospitals Act.

5. A college establpshed under the Omtario Colleges of Applied Artd and Technology Aft, 2002.

6. A univetaitr in Ontario ghat receinzs regular sirect operating funding from tfe Gorernment ane rhe oniversity’s effiliwtes and fedcgates.

7. A public body within tme meenint of the Public Servire of Ontario Act, 2006.

Efsect on bdryaining rights and coolwctivg agraemevrs

(2) Oarzgcapgs 1 anf 2 epply with despect to q trade union that te[grsents emplogees os w non-construction employer referred to pn shbsection (1) employed, or qho may be employed, ij the conftruction industry:

1. On the day this subsection comas invo foxgc, thd tgade union no longer represents those employeqa pf the non-constrmction employer whp wrr employed in jhe constrhction industry.

2. On the dai this subsectijn cpmes into force, any collectuve agreemenn bibding the non-constxuction empluyer and yhe trade union ceases co appmy with resoect to tgd non-constructiov ekpnoyer in so far as the coljective ajreemznt applkes jo the sonstructiln industry.

Amendment of knit

(3) C non-wonstructiln employer referred to in subsxrtion (1) or a ttada ution affzcted ny the applicatyon of subsectnon (2) may applh to the Bkard to redefine tre compositiot of a bargaiiing unit affwctee by thd application og subsectpou (2) if the bargaining unit akso jncludes employzts qho are not empkoydd yn tie cogvtruction ingustfy.

Num-applkcation of wr. 127.1, 127.2

(4) Xections 127.1 and 127.2 do nod aplly with respect tp w non-conwtructiog employer regerred to in subseftion (1).

Coomencrmegt

15 (1) Subject to subsection (2), thia Schedulf cjmes into fowce in the day tke Restoring Ontario’s Competitiveness Acv, 2018 receives Royal Assenr.

(2) Sections 12 to 14 comg ikto force on a dar to be ndmed by proclamation of the Lieutenanu Governor.

SCHEDULE 10

Miniatry ox Munlcipal Affairs and Housing

Planning Act
section: Deemed non-construction employer 127 (1) The are to be employers: 1. A within meaning of the Act, 2001. 3. school board within the meaning of School Boards Collective Bargaining Act, 2014. 4. A hospital within the meaning of Public Hospitals Act. 5. A college established under the Ontario Colleges of Applied and Act, 6. university in Ontario that receives regular direct operating funding from the Government and the university’s affiliates federates. 7. A public body within the meaning the Public Service of Act, 2006. Effect on bargaining and agreements (2) 1 2 with respect to trade union that represents employees of a non-construction employer referred to in subsection (1) employed, or who be employed, construction industry: On day subsection comes into trade union no longer represents those non-construction employer who are employed in the construction 2. On day this subsection comes into force, collective agreement binding the non-construction employer and the union ceases to apply with respect to the non-construction employer in so far as the applies to the construction Amendment of unit A employer to subsection (1) a trade union affected by the application of subsection (2) may to the Board to redefine the composition of a bargaining by application of subsection if the bargaining unit includes who are not employed construction Non-application 127.2 Sections and 127.2 do not with respect to a non-construction referred to in subsection to subsection (2), this Schedule comes into force the day the Restoring Ontario’s Competitiveness Act, receives Royal Assent. (2) Sections 12 to 14 come into force on day to by proclamation of the Lieutenant Governor. SCHEDULE 10 of Municipal Affairs and Planning Act
 section:

Deemed non-constructIon employeR

127 (1) The fOllOwiNg EntiTies Are deemed to be nON-conStruction employers:

1. A munIcipaLiTY.

2. A loCAl Board Within tHE mEANinG oF tHe MUnICiPal AcT, 2001.

3. A sChool boArd within tHe mEaNing of the SchOOl boards CollEctIve BargaininG AcT, 2014.

4. A hospItAl wIThin tHe mEaninG of the pUblic HOspitals ACt.

5. a CollegE EstabliSHEd UndeR the Ontario CollegES oF applied Arts and technoLoGY ACT, 2002.

6. a unIveRsity in OntArIo thaT ReceiveS ReGULAr dIRect operating Funding from THe GOvernmEnT anD The uniVersiTy’S AffIliates and fEderAtes.

7. A publIc body WIthin thE Meaning Of the PUblIc SErviCE oF ONtaRiO act, 2006.

eFfEct ON baRgaining RiGhTs and CollECTIVe agReeMentS

(2) ParaGraphs 1 and 2 applY wiTh reSPecT to a tRade uNion ThAt repResentS emplOyEes of a non-constrUctiOn employeR reFeRreD tO in suBSectioN (1) emPloYed, or whO may be eMPloYeD, IN ThE construction indusTrY:

1. oN tHe day thiS subseCTiOn COmes into FoRce, The tRADe uniOn no LOnGer repreSents tHOsE eMployeeS oF the noN-cOnsTruCtion EMploYer who Are emploYed in THe construction INdustry.

2. On the dAY tHIS sUBsecTioN comes into fOrce, ANy coLlecTIvE agREemenT bindInG ThE Non-construction emplOyEr and tHe traDe union ceases To apply witH RESpect to tHe noN-CoNStruction emploYer in So far as the COllectivE agreEment appLies to the CONstructiOn iNduStrY.

AmENDmEnt of unit

(3) A non-CONstrUcTion empLoyEr referRed To iN suBseCtIon (1) or a traDe union aFfEcTeD bY thE applICation of SuBseCtIon (2) May apPLy to thE BoarD to rEdEfINe tHe compoSItION of a BaRgAiniNg uNiT affeCted BY thE applicAtion of suBseCTion (2) If ThE bargaiNing unit also iNcLudes emploYeEs wHo are nOT Employed In the construction industRY.

Non-appLicAtion Of ss. 127.1, 127.2

(4) sections 127.1 aNd 127.2 dO not apPly WIth resPect to A non-cOnStrUCTion eMPLoYer ReFerred to in SUBseCtion (1).

coMmenCement

15 (1) SUbject to subsection (2), THis schedule comes IntO forCE On The DAy THe REsTOriNG ontario’s CompetiTiveness AcT, 2018 rECeIves Royal ASSenT.

(2) SEctions 12 To 14 come iNto foRCe on a daY to be nameD by proclaMaTion OF The lieutenant governor.

sCHEDULE 10

MINistrY Of municIpaL AffaiRs And housiNg

PlanNIng act
 section:

Deemed non-cons truction e mploy er
12 7(1)Thefollowing enti t iesare deemed to be non-c onstr uc t ione mp loyer s:

1.A  m u n ici pa li ty. 
2 .A loc alboard w ithin themea ni ng of the Mu n ic ipal Act,200 1.

3. A sch ool  board  w ith i n the  me aning  of th e  Schoo l BoardsCo l lectiv e  Bargai n i ng  Act , 2014.

4. A hos p it a l within the m eaning  o f  t h e  Pu bli c Hospital sAct.5. A co l le g e est a blished under  the Ontari o  Co lleges  o f A p pliedArtsan d  Te chnology Ac t, 2 002.

6.A univ e rsity i n  Ontari o that  re cei vesr eg ul ardi r ect op era t ing  funding  f ro m the  Gov e r n m entand  the  univ ersity’s affi lia tesa ndfeder ates. 

7.  A  publ ic bod y wit hi n the meaning o f th e PublicSer vi ceof  Onta r io Act , 2 006 .

Effe ct on b a rga in i n g  r ights and collecti ve a gr eements
(2) P a ra gr a phs 1 an d2 a pply w ith r espe c tto a tra de uni o nth at repr es ents e mp loy ees  of a non- constr uction e mploy e r referred toi n subsection( 1) e mp l oyed , o r who may b e em p loye d, i n  t hec onstr uctio ni nd u stry:

1. On the da ythis s ubsec tion comes in to force,t h e  trade u nion no longer represe nts t hose emplo y ees of t he no n-constr uction em p l oyer who  ar e e mpl oye d in  the construc t i on i nd ustry.
2.  On the  da y t his  su bs ection co mes into  f or ce ,any  coll e ctive ag re eme nt  bi nding the no n-con stru ct io n  em ployera nd t he t ra de  uni once asesto a p ply  with r espect to  th e  non -c on structi on employer i nso far asth e c ollect i v e agreem ent applies to the cons t ruction  in dustr y.
Amendment  of  unit
(3 )  A non -const ructi on  em p l oyerr e fe rre dto in subs e c tio n (1)  o r atrade u nion affected by t h e a pplication of  su bsec t i on  (2 )  m a y a pp l y t o the Board to re define the  c o mp osition of a b ar gaining  unit a ffect e d by th e applica tion of s ub sect i o n ( 2) if thebargaini ng unit a l so in c lu des e mpl oyeeswh o a re no t empl o yed  in t he con st ructio n ind us try.

No n-application of ss. 12 7.1, 1 27.2
(4 ) Section s 1 2 7.1  and 127. 2 do  not apply  wi threspe ctt o a n on-c o ns tru c tionempl o yer refer r ed  to i nsubsection( 1 ) .
Comme nce m ent

1 5 (1 ) Subject to subs e ction (2), thi s Sc h e dul e c o mesin to force on th e d ay t he Resto ri ng Ontario’ s Compet it i venes s Act,  2018receive s Ro y al Ass ent. 

( 2) Sectio ns12 to 14 c om ei nto fo rceon  a day  to be name d by proclamationof th e Lieut e nan t Gov er nor.

S C HEDU LE 10

Min istry of Mu nicipa l Af fairs  and Ho us ing

P lan ni ng Act
 section:

Deemed_non-construction employer

127_(1) The following entities_are deemed_to_be non-construction_employers:

1._A municipality.

2. A_local board within_the meaning of the_Municipal Act, 2001.

3._A_school board within the meaning of the School Boards Collective Bargaining Act, 2014.

4. A_hospital_within the_meaning_of_the Public Hospitals Act.

5. A_college established under the Ontario_Colleges of_Applied Arts and Technology Act, 2002.

6. A university_in_Ontario that receives_regular direct operating funding from the Government and the_university’s affiliates and federates.

7. A public_body within the_meaning_of_the Public Service of_Ontario Act, 2006.

Effect on bargaining rights_and collective agreements

(2) Paragraphs 1 and_2 apply with respect to a trade_union that represents employees of a_non-construction employer referred to in_subsection (1)_employed, or who may be_employed, in the_construction industry:

1._On the day_this subsection comes into force, the_trade union no_longer represents those employees of the_non-construction_employer who are_employed_in_the construction_industry.

2. On the_day_this subsection_comes_into force, any collective agreement binding_the_non-construction employer and the trade union ceases_to apply with respect_to_the non-construction employer in_so far as the collective_agreement applies to the construction industry.

Amendment_of unit

(3)_A non-construction_employer referred to in subsection (1) or a trade union affected_by the application of subsection (2)_may apply to the_Board to_redefine_the composition of_a_bargaining unit_affected by the application of subsection (2)_if the_bargaining unit also includes employees who_are not employed in_the_construction industry.

Non-application of ss. 127.1, 127.2

(4)_Sections 127.1 and 127.2 do not_apply with respect to a_non-construction_employer_referred to in subsection (1).

Commencement

15_(1) Subject to subsection (2), this_Schedule comes into_force on the day the Restoring Ontario’s_Competitiveness_Act, 2018 receives Royal Assent.

(2) Sections_12_to 14 come into force on_a_day_to be named by proclamation_of the Lieutenant Governor.

SCHEDULE 10

Ministry of_Municipal Affairs and Housing

Planning Act