93c38 Crown Employees Collective Bargaining Act, 1993, S.O. 1993, c. 38 Ont.

References to the Crown in this Act shall be deemed to include a reference to the agencies of the Crown to which the Act applies.

Definitions in subsection 1 (1) of the Labour Relations Act, 1995 apply to terms used in this Act. ;

The Lieutenant Governor in Council may make regulations prescribing agencies of the Crown for the purposes of clause (b) of the definition of “Crown employee” in subsection (1).

This Act does not apply with respect to the following:

This Part sets out modifications to the provisions of the Labour Relations Act, 1995 that apply in the circumstances of this Act.

A decision made under subsection 1 (4) of the Labour Relations Act, 1995 shall not, directly or indirectly, treat an individual as a Crown employee unless he or she is a Crown employee under this Act.

If the parties have agreed to refer matters to a single arbitrator, they shall appoint an arbitrator within seven days after they agreed to refer the matters for arbitration.

If the parties have agreed to refer matters to a board of arbitration,

If an appointment is not made as required under subsection (2) or (3), the Minister may make the appointment and the Minister must do so on the request of a party.

Subsections 6 (8) to (14), (17) and (18) of the Hospital Labour Disputes Arbitration Act apply, with necessary modifications, to arbitrators and boards of arbitration.

The arbitrator or board of arbitration shall determine their own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and section 117 of the Labour Relations Act, 1995 applies to the arbitrator or board of arbitration and their decision and proceedings as if they were the Board. ;

The remuneration and expenses of the arbitrator or the members of the board of arbitration shall be paid as follows:

The arbitrator or board of arbitration may, upon application by a party within ten days after the release of a decision, amend, alter or vary the decision where it is shown to the satisfaction of the arbitrator or board that they failed to deal with any matter in dispute referred to them or that an error is apparent on the face of the decision.

Before amending, altering or varying a decision on an application under subsection (8), the arbitrator or board shall give the parties an opportunity to make representations on the application.

A decision may be amended, altered or varied on an application under subsection (8) only within twenty days after the application is made.

In making a decision, the arbitrator or board of arbitration shall not include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.

The decision of the arbitrator or board of arbitration shall not include any matters upon which the parties have agreed if the arbitrator or board is notified in writing of the agreement of the parties on those matters.

The application of subsection (12) may be varied by the agreement of the parties.

If the parties have not agreed upon the terms of a collective agreement within thirty days after the release of the decision of the arbitrator or board of arbitration, the arbitrator or board shall prepare a document giving effect to the decision of the arbitrator or board and any agreement between the parties about which the arbitrator or board has been notified.

The arbitrator or board of arbitration shall give copies of the document prepared under subsection (14) to the parties and upon doing so the document becomes a collective agreement under the Labour Relations Act, 1995 effective on the day set out in the document. ;

The following provisions apply, with necessary modifications, with respect to arbitrations under section 43 of the Labour Relations Act, 1995:

If the hearing of the arbitration does not commence within the time period set out in subsection 43 (11) of the Labour Relations Act, 1995, the Minister may make such orders as he or she considers necessary to ensure the arbitration is heard without delay. ; ; ;

If the decision of the board of arbitration is not released within the time period set out in subsection 43 (12) of the Labour Relations Act, 1995, the Minister may,

An arbitrator or board of arbitration shall not include or require the parties to include in a collective agreement a term that requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them. ; ;

Subsection (5) does not apply when the employer is an agency of the Crown referred to in clause (b) of the definition of “Crown employee” in subsection 1 (1).

Subsections 48 (1) to (6) of the Labour Relations Act, 1995 do not form part of this Act.

Every collective agreement relating to Crown employees shall be deemed to provide for the final and binding settlement by arbitration by the Grievance Settlement Board, without stoppage of work, of all differences between the parties arising from the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitrable.

In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995, the Grievance Settlement Board shall not provide for the employment of an employee in a position that involves direct responsibility for or that provides an opportunity for contact with residents in a facility or with a client if the Board has found that the employee,

In subsection (4),

In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995 in circumstances in which it is restricted by subsection (4), the Grievance Settlement Board may provide for the employment of the employee in another substantially equivalent position. ;

If there is an agreement to refer one or more grievances to a mediator-arbitrator under subsection 50 (1) of the Labour Relations Act, 1995, the mediator-arbitrator shall be a mediator-arbitrator selected by the Crown and the trade union from the roster established under section 47.1.

If the Crown and the trade union fail to agree on the selection of a mediator-arbitrator, the chair of the Grievance Settlement Board shall make the selection.

Subsection 50 (3) of the Labour Relations Act, 1995 does not form part of this Act.

References to the Minister in subsections 50 (4) and (5) of the Labour Relations Act, 1995 shall be deemed to be references to the chair of the Grievance Settlement Board. ;

Section 69 of the Labour Relations Act, 1995 applies with respect to the transfer of an undertaking from one employer to another where the employees of one or both of those employers are Crown employees under this Act.

Any reference to “sale” or “sells” in section 69 of the Labour Relations Act, 1995 shall be deemed to be a reference to a transfer and any reference to a “business” in that section shall be deemed to be a reference to an undertaking.

For the purposes of subsections (2) and (3),

Subject to section 15.1, it is an additional condition to those in clauses 86 (1) (a) and (2) (a) of the Labour Relations Act, 1995 that there be an essential services agreement between the employer and the trade union before any alteration is allowed under those clauses. ; ;

No order of the Board shall include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.

A notice under subsection 103 (1) of the Labour Relations Act, 1995 shall not contain the name of an appointee to an arbitration board. ;

A claim for damages under subsection 103 (1) of the Labour Relations Act, 1995 shall be arbitrated by the Grievance Settlement Board. ;

Subsections 103 (2), (3), (4), (6) and (7) of the Labour Relations Act, 1995 do not form part of this Act.

In the case of a matter respecting Part IV, the chair of the Board may sit alone or may authorize a vice-chair to sit alone under subsection 110 (14) of the Labour Relations Act, 1995 if,

The Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings to which Part IV applies. ;

Despite subsection 114 (2) of the Labour Relations Act, 1995, no person shall be found to be a Crown employee unless he or she is a Crown employee under this Act. ; ;

In this Part and Part III.1,

The following are designated bargaining units for the purposes of this Act:

The collective agreement that applied with respect to a member of a designated bargaining unit set out in subsection (2) on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force continues to apply with respect to him or her until it expires.

If, as a result of subsection (3), more than one collective agreement will apply in a bargaining unit, the provisions of each collective agreement are deemed to form one part of a single collective agreement to which the bargaining agent representing the employees in the designated bargaining unit is a party.

The Association of Management, Administrative and Professional Crown Employees of Ontario continues as the bargaining agent representing the employees in the Fourth Bargaining Unit.

The Professional Engineers Government of Ontario continues as the bargaining agent representing the employees in the Engineer Bargaining Unit.

Subject to subsections (5) and (7), the bargaining agents described in subsections (1) to (3) represent the employees in the applicable bargaining units until they cease, under this Act or the Labour Relations Act, 1995, to represent them.

The Ontario Public Service Employees Union continues to represent the employees in the Correctional Bargaining Unit and the Unified Bargaining Unit until a collective agreement for those units is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for those units.

Section 66 of the Labour Relations Act, 1995 does not apply with respect to the bargaining rights of a bargaining agent described in subsection (1), (2) or (3) of this section that represents a designated bargaining unit set out in subsection 23 (2) of this Act.

The Unified Bargaining Unit and the Correctional Bargaining Unit shall be represented by the same bargaining agent.

The person so appointed shall constitute the board of arbitration for the purposes of this Part and he or she shall have the powers and duties of the chair of a board of arbitration.

As soon as the parties appoint a person to act as a single arbitrator, they shall notify the Minister of the name and address of the person appointed.

The parties by a mutual agreement in writing may extend the period of seven days mentioned in clause (1) (a) for one further period of seven days.

As soon as one of the parties appoints a member to a board of arbitration, that party shall notify the other party and the Minister of the name and address of the member appointed.

As soon as the two members appoint a third member, they shall notify the Minister of the name and address of the third member appointed.

If a person ceases to be a member of a board of arbitration by reason of resignation, death or otherwise before it has completed its work, the Minister shall appoint a member in his or her place after consulting the party whose point of view was represented by such person.

If, in the opinion of the Minister, a member of a board of arbitration has failed to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a member in his or her place after consulting the party whose point of view was represented by such person.

If the chair of a board of arbitration is unable to enter on or to carry on his or her duties so as to enable it to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may appoint a person to act as chair in his or her place.

If the person appointed jointly by the parties as a single arbitrator dies before completing his or her work or is unable to enter on or to carry on his or her duties so as to enable him or her to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may, upon notice or complaint to him or her by either of the parties and after consulting the parties, inform the parties in writing that the arbitrator is unable to enter on or to carry on his or her duties and the provisions of this section relating to the appointment of a board of arbitration shall thereupon apply with necessary modifications.

No person shall be appointed a member of a board of arbitration under this Act who has any pecuniary interest in the matters coming before it 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.

The method of arbitration shall be mediation-arbitration unless the parties select a different method of arbitration.

If the chair of the board of arbitration was appointed by the Minister, subject to subsections (4) to (6), the Minister shall select the method of arbitration and shall advise the chair of the board of arbitration of the selection.

The method selected shall be mediation-arbitration unless the Minister is of the view that another method is more appropriate.

The method selected shall not be final offer selection without mediation.

The method selected shall not be mediation-final offer selection 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.

The board of arbitration shall hold the first hearing within 30 days after the last or only member of the board is appointed.

If the method of arbitration selected by the Minister under subsection 29.4 (3) is mediation-arbitration or mediation-final offer selection, the time limit set out in subsection (2) does not apply in respect of the first hearing but applies instead, with necessary modifications, in respect of the commencement of mediation.

Where a member of a board of arbitration appointed by a party or by the Minister is unable to attend the first hearing at the time and place fixed by the chair, the party shall, upon the request in writing of the chair, appoint a new member in place of such member and where such appointment is not made within five days of the date of the request, the Minister shall, upon the written request of the chair, appoint a new member in place of such member.

Where a board of arbitration has been established, the chair shall keep the Minister advised of the progress of the arbitration and where the Minister is advised that the board has failed to render a decision within the time set out in subsection 29.7 (6) or within the time extended under subsection 29.7 (7), the Minister may, after consulting the parties and the board, issue whatever order he or she considers necessary in the circumstances to ensure that a decision will be rendered within a reasonable time.

The board of arbitration shall determine its own procedure but shall give full opportunity to the parties to present their evidence and make their submissions and section 117 of the Labour Relations Act, 1995 applies to the board of arbitration and its decision and proceedings as if it were the Ontario Labour Relations Board.

If the method of arbitration selected by the Minister under subsection 29.4 (3) is mediation-arbitration or mediation-final offer selection, the chair of the board of arbitration may, after consulting with the parties, set a date after which a party may not submit information to the board unless,

If the members of a board of arbitration are unable to agree among themselves on matters of procedure or as to the admissibility of evidence, the decision of the chair governs.

The decision of a majority of the members of a board of arbitration is the decision of the board, but, if there is no majority, the decision of the chair is the decision of the board.

If any member of the board of arbitration was appointed by the Minister, the parties may, at any time before the board renders a decision, jointly serve written notice on the Minister that they have agreed that the arbitration should be recommenced before a different board of arbitration.

If notice is served on the Minister under subsection (10), the appointments of all the members of the board of arbitration are terminated.

The terminations are effective on the day the Minister is served with the notice.

Within seven days after the day the Minister is served with the notice, the parties shall jointly appoint, under subsection 29.1 (1), a person who has agreed to act as an arbitrator or shall each appoint, under subsection 29.2 (1), a person who has agreed to act as a member of a board of arbitration, and this Part applies with respect to such appointments.

The chair and the other members of a board of arbitration established under this Act have, respectively, all the powers of a chair and the members of a board of arbitration under the Labour Relations Act, 1995.

In making a decision or award, the board of arbitration shall take into consideration all factors it considers relevant, including the following criteria:

Nothing in subsection (2) affects the powers of the board of arbitration.

The board of arbitration 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.

The Arbitrations Act does not apply to arbitrations under this Part. 2016, c. 37, Sched. 6, s. 7.

The board of arbitration shall give a decision within 90 days after the last or only member of the board is appointed.

The parties may agree to extend the time described in subsection (6), either before or after the time has passed.

In making its decision upon matters in dispute between the parties, the board of arbitration may provide,

Before amending, altering or varying a decision on an application under subsection (1), the board shall give the parties an opportunity to make representations on the application.

A decision may be amended, altered or varied on an application under subsection (1) only within 20 days after the application is made.

In making a decision, the board of arbitration shall not include any term that would require either directly or indirectly for its implementation the enactment or amendment of legislation except for the purpose of appropriating money for its implementation.

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 it shall instead be decided by arbitration in accordance with this Part.

Where, during the bargaining under this Act or during the proceedings before the board of arbitration, the parties have agreed upon some matters to be included in the collective agreement and have notified the board in writing of the matters agreed upon, the decision of the board shall be confined to the matters not agreed upon by the parties and to such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties.

Where the parties have not notified the board of arbitration in writing that, during the bargaining under this Act or during the proceedings before the board of arbitration, they have agreed upon some matters to be included in the collective agreement, the board shall decide all matters in dispute and such other matters that appear to the board necessary to be decided to conclude a collective agreement between the parties.

If the parties fail to prepare and execute a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties within the period mentioned in subsection (1), the parties or either of them shall notify the chair of the board in writing forthwith, and the board shall prepare a document in the form of a collective agreement giving effect to the decision of the board and any agreement of the parties and submit the document to the parties for execution.

If the parties or either of them fail to execute the document prepared by the board within a period of five days from the day of its submission by the board 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 under the Labour Relations Act, 1995.

The date the board of arbitration gives its decision is the effective date of the document that constitutes a collective agreement between the parties.

Subject to subsection (3) and despite section 67 of the Labour Relations Act, 1995, where notice has been given under section 59 of the Labour Relations Act, 1995 by or to a trade union that is the bargaining agent for the Correctional Bargaining Unit to or by the employer of employees who are members of that unit and the Minister has appointed a conciliation officer, an application for certification of a bargaining agent of the employees who are members of elawsthat unit or an application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees who are members of that unit shall not be made after the day upon which the agreement ceased to operate or the day upon which the Minister appointed a conciliation officer, whichever is later, except in accordance with section 7 or subsection 63 (2) of the Labour Relations Act, 1995, as the case may be. 2016, c. 37, Sched. 6, s. 7.

The applications referred to in subsection (2) shall not be made until a collective agreement for the Correctional Bargaining Unit is made following the expiry of the collective agreements referred to in subsections 23 (3) and (4) for the Unit.

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.

Without limiting the generality of clause (1) (e), a regulation made under that clause may modify the application of a provision of the Labour Relations Act, 1995 in order to achieve the objectives of the provision.

The employer and the trade union shall bargain in good faith and make every reasonable effort to make an essential services agreement.

For the purposes of clause (1) (b), the number of employees in the bargaining unit that are necessary to provide the essential services shall be determined without regard to the availability of other persons to provide essential services.

An employer and trade union may begin to negotiate at a time later than that required under subsection (1) if they agree to do so.

Subsections 119 (2) and (3) and section 120 of the Labour Relations Act, 1995 apply with necessary modifications with respect to a conciliation officer appointed under this section.

The Board may consult with the parties to resolve any matter raised by the application or may inquire into any matter raised by the application, or may do both.

The Board may make any interim or final order it considers appropriate after consulting with the parties or on an inquiry.

On a further application by the employer or trade union, the Board may modify any determination or direction in view of a change in circumstances.

A party may terminate an essential services agreement only if the parties have a collective agreement and there are at least 190 days left in the term of the collective agreement.

A party may terminate an essential services agreement by giving the other party written notice.

A party to an agreement may apply to the Board to amend it,

On an application under this section, the Board may enforce the agreement or amend it and may make such other orders as it considers appropriate in the circumstances.

Subsection 32 (2) applies with necessary modifications when the Board is deciding an application under subsection (2).

In an application or complaint relating to this Part, the burden of proof that circumstances constitute or would constitute an emergency lies upon the party alleging it.

The employer shall notify the employees who, under the essential services part of the essential services agreement, the employer is entitled to use under subsection (1) during a strike or lock-out.

Employees who have been notified by the employer or trade union that the employer is entitled to use them under subsection (1) may not strike and may not be locked out.

Employees who have been notified that the employer is entitled to use them under subsection (1) and wishes to do so may not strike while the employer is so entitled and so wishes.

A provision in an essential services agreement that conflicts with subsection (1) is void.

No application may be made until employees in the bargaining unit have been on strike or locked out for at least 10 days.

The Board shall consider whether sufficient time has elapsed in the dispute between the parties to permit it to determine whether meaningful collective bargaining has been prevented.

The Board may defer making a decision on the application until such time as it considers appropriate.

In deciding whether to make the declaration, the Board shall consider only whether meaningful collective bargaining is prevented because of the number of persons identified in the agreement whose services the employer has used to enable the employer to provide the essential services.

If the Board makes the declaration, the Board may amend the essential services agreement to change the number of employee positions or to change the number of employees in the bargaining unit that are designated as necessary to enable the employer to provide the essential services.

The Lieutenant Governor in Council shall appoint as the chair and alternate chair the persons who are selected for the positions by agreement of the Crown and the trade unions representing Crown employees or, failing such agreement, the Lieutenant Governor in Council shall select the persons to be appointed. ;

If the chair resigns or his or her appointment expires, the new chair may authorize the former chair to complete his or her duties or responsibilities and exercise the powers of the chair in connection with any matter before the Grievance Settlement Board in which the former chair was participating.

The chair and alternate chair shall be paid such remuneration and allowance for expenses as are determined by the Lieutenant Governor in Council. ;

When the chair is absent or unable to perform the powers of his or her office, or when the office of chair is vacant, the alternate chair may exercise the powers of the chair set out in sections 9, 47, 47.1 and subsection 49 (3). ;

Subject to the specific requirements in this section, the administration of the Grievance Settlement Board shall be determined by agreement of the Crown and the trade unions representing Crown employees or, failing such agreement, by the chair of the Grievance Settlement Board.

The costs of the Grievance Settlement Board shall be shared by the Crown and the trade unions in accordance with the following:

Before the chair of the Grievance Settlement Board exercises any power following a failure to agree or a failure to continue to agree, the chair must request and consider the views of those who failed to agree.

The number of mediator-arbitrators on the roster shall be determined by the Crown and the trade unions. If the Crown and the trade unions fail to agree, or fail to continue to agree, the chair of the Grievance Settlement Board shall determine the number of mediator-arbitrators on the roster.

The persons to be assigned to the roster of mediator-arbitrators shall be selected by the Crown and the trade unions. If the Crown and the trade unions fail to agree, the chair of the Grievance Settlement Board shall select the persons to be assigned.

A person may be removed from the roster of mediator-arbitrators if the Crown and the trade unions agree. If the Crown and the trade unions fail to agree, the chair of the Grievance Settlement Board may remove a person from the roster.

The chair of the Grievance Settlement Board may, on behalf of the Board, contract for the services of mediator-arbitrators on the roster in such form as the chair, in consultation with the Crown and trade unions, shall determine.

Any determination or action by a mediator-arbitrator selected from the roster is a determination or action of the Grievance Settlement Board.

A mediator-arbitrator selected from the roster to determine a matter before the Grievance Settlement Board shall follow the practices and procedures determined by the Board under subsection 48 (1) and the rules made under subsection 48 (2) governing such practices and procedures, and shall comply with any restriction on the powers of the Board set out in this Act.

The amounts payable to mediator-arbitrators in respect of services performed on behalf of the Grievance Settlement Board shall be determined by agreement of the Crown and the trade unions representing Crown employees, or failing such agreement, by the Lieutenant Governor in Council.

The Lieutenant Governor in Council may determine limits on the amounts payable to mediator-arbitrators in respect of services performed on behalf of the Grievance Settlement Board.

Where the chair of the Grievance Settlement Board, or a mediator-arbitrator selected from the roster of mediator-arbitrators, is selected to determine a matter, the chair or mediator-arbitrator may engage in mediation as part of the process.

The Grievance Settlement Board may make rules governing its practice and procedure and the exercise of its powers and prescribing such forms as it considers advisable.

Rules made under this section are not regulations within the meaning of Part III (Regulations) of the Legislation Act, 2006. ;

If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Grievance Settlement Board shall grant the adjournment.

If the Crown and the trade union agree, a matter to be determined by the Grievance Settlement Board shall be determined by a panel of three persons, which shall be composed of,

If the parties fail to agree on the selection of a mediator-arbitrator from the roster for the purposes of clause (1) (a) or subclause (2) (c) (i), the chair of the Grievance Settlement Board shall select a mediator-arbitrator from the roster.

An employer and trade union may make an agreement as to the sequence in which the Grievance Settlement Board shall consider outstanding matters in which the employer and trade union have an interest.

Upon receiving notice of an agreement from a party, the Grievance Settlement Board shall give effect to it.

The Grievance Settlement Board shall cease to give effect to an agreement upon receiving notice from a party that the party no longer wants the agreement to apply.

An order of the Grievance Settlement Board shall not require a change to be made in the classification of an employee.

The chair, vice-chairs and members of the Grievance Settlement Board, as it was constituted on the day before section 5 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017 came into force, continue to hold office and to have the duties or responsibilities and exercise the powers of their office until,

The Lieutenant Governor in Council may make regulations providing for any transitional matter that the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of the amendments made by section 2 of Schedule 6 to the Stronger, Healthier Ontario Act (Budget Measures), 2017.

In the event of a conflict between sections 47, 47.1, 47.2, 48, 49, 50 or 51.1 and a regulation made under subsection (3), the regulation prevails.

Subsection (1) applies to agreements entered into before or after the date on which the Labour Relations and Employment Statute Law Amendment Act, 1995 receives Royal Assent.

Despite this Act and the Labour Relations Act, the description of a bargaining unit referred to in subsection (1) cannot be altered until after a collective agreement is made following the coming into force of this section. ;

This section does not apply with respect to a bargaining unit that was continued by section 23 as it read on the day before the day section 7 of Schedule 6 to the Building Ontario Up for Everyone Act (Budget Measures), 2016 came into force.

The Tribunal is continued for the purposes of disposing of any matters in respect of which an application was made to the Tribunal before the repeal of the old Act.

The Tribunal is dissolved on the day it disposes of the last of the matters referred to in subsection (2) or on a later day named by proclamation of the Lieutenant Governor.

Despite its repeal, the provisions of the old Act that relate to the Tribunal continue to apply with respect to the Tribunal and to the matters before it until the Tribunal is dissolved.

While the Tribunal is continued, it may reconsider anything under section 39 of the old Act and, after it is dissolved, the Ontario Labour Relations Board may reconsider anything done by the Tribunal.

Anything done by the Tribunal shall be deemed, after the old Act is repealed, to have been done by the Ontario Labour Relations Board.

Section 51 applies with respect to all matters referred for arbitration to the Grievance Settlement Board on and after the day on which section 59 of the Labour Relations and Employment Statute Law Amendment Act, 1995 comes into force.

No reduction in the number of vice-chairs or members of the Grievance Settlement Board shall have any effect on a term of a vice-chair or a member if that term began before the repeal of the old Act.