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c 81 The Provincial Schools Negotiations Act, 1975

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Ontario: Annual Statutes1975c 81 The Provincial Schools Negotiations Act, 1975Ontario© Queen's Printer for Ontario, 1975Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/ontario_statutesThis Statutes is brought to you for free and open access by the Statutes at Osgoode Digital Commons. It has been accepted for inclusion in Ontario:Annual Statutes by an authorized administrator of Osgoode Digital Commons.Bibliographic CitationThe Provincial Schools Negotiations Act, 1975, SO 1975, c 81Repository CitationOntario (1975) "c 81 The Provincial Schools Negotiations Act, 1975," Ontario: Annual Statutes: Vol. 1975, Article 83.Available at: http://digitalcommons.osgoode.yorku.ca/ontario_statutes/vol1975/iss1/831975 PROVJNCIAL SCHOOLS NEGOTIATIONS Chap. 81 CHAPTER 81 An Act respecting the Negotiation of Collective Agreements between the Provincial Schools Authority and Teachers Assented to July 18th, 1975 H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. In this Act, (a) "agreement" means a written collective agreement made pursuant to this Act between the Authori.ty and the employee organization in respect of matters that are negotiable under this Act; (b) "Authority" means the Provincial Schools Authority established under this Act; lnterpre ta t i on (c) "Commission" means the Education Relations Com-mission established under The School Boards and 1975. c. 12 Teachers Collective ;Vegotiations Act, 1975; (d) "employee organization" means the organization that is formed pursuant to this Act by teacher:;; (e) "principal" means a teacher who is appointed to be in charge of a school; (j) "school" means a school operated by, (i) the :Vfinistry of Correctional Services, (ii) the :Vlinistry of Health , or (iii) the Ministry of Educa tion , but does not include the Ontario Teacher E<lucat ion College, a summer course or a correspo11dcncl' course ; 667 197~. c. 109 Provlncial Schools Authority Chairman and vice-chairman Secretary Remunera-tion Moneys Teachers to be employees of Authority Chap. 81 PROVINCIAi. SCHOOLS NEGOTIATIONS 1975 (g) teacher" means a person, (i) who holds a valid certificate of qualification a,,; a. teacher in an elementary or secondary school in Ontario, (ii) who holds a letter of standing granted by the :Vfinister under The Education Act, 1974, or (iii) whose appointment as a teacher has been authorized by the Minister of Education, and who is employed in a school under a contract of employment as a teacher; (h) "vice-principal" means a teacher who is appointed to be in charge of a school in the absence of the principal ; (i) "written collective understanding" means a written collective agreement in operation immediately before this Act comes into force respecting terms of employ-ment of teachers. 2.--(1) There shall be a Provincial Schools Authority that shall consist of five members appointed by the Lieutenant Governor in Council. (2) The Lieutenant Governor in Council 5hall designate one of the members of the Authority as chairman a nd one as vice-chairman. (3) The Authority shall appoint a secretary. (4) The members and the secretary of the Authority shall be paid such remuneration and expenses as are determined by the Lieutenant Governor in Council. (5) The moneys required for the purposes of the Authority are payable, until the 31st day of March, 1976, out of the Consolidated Revenue Fund, and thereafter out of moneys appropria ted therefor by the Legislature. 3. When this Act comes into force, (a) the teachers cease to be Crown employees and their contracts of employment arc vested in the Authority; (b) the sick leave credits and the termination of employ-ment benefits standing to the credit of a teacher 1975 PROVINCIAL SCHOOLS NEGOTIATIONS Chap. 81 whose c:ontract of employment is vested in the Authority under clause a shall stand to the credit of the teacher in the system of sick leave credit gratuities of the Authority; and 669 (c) The Labour Relations Act does not apply to the ~·~3~>. t970, teachers or to the Authority. 4.- (1) Subject to subsection 2, the Authority is respon- ~;t~!~},~~nt sible for all matters relating to the employment of teachers, and for sur.h purpose has all the powers and is subjed to the duties and liabilities of a board under The Education 1971• c.109 Act, 1974. (2) All matters relating to administration in respect of tf~1£l.~n~s­teachers who teach in a school operated by a Ministry referred to in dause f of section 1 are the responsibility of the deputy minister of the :VIinistry, and each such 1Iinistry that operates a school shall provide the salaries and benefits of the teachers of such school in accordance with the contracts of employ-ment of such teachers. (3) Every written collective understanding is binding on Interim prov1s1on the Authority and the teachers covered by the written col-lective understanding. (4) For the purposes of The Teachers' Superannuation Act, ~P?3ciiJgn of a teacher employed by the Authority shall be deemed to be c."455 · ' employed as a teacher by the minister of a ministry of the government of Ontario. (5) For the purposes of subsection 7 of section 155 of ~t',rt~~uity The Education Act, 1974, employment by the Authority shall leav~ . . . . credits be deemed to be employment with the Mm1stry of Educat10n. (6) Part IX of The Education Act, 1974 applies mutatis Atplica&on mutandis to the teachers and to the Authority. ~971~~\09' 5. Where the teachers propose to negotiate an agreement, Empl'?yee . org-aniza-they shall, for such purpose, form one employee orgamza- tion tion, which shall represent them for the purposes of this Act. 6.-(1) The provisions of The School Boards and Teachers Atplication Collective Negotiations Act, 1975, except clauses a tog, i to k ~975,c. 72 and m, n aad p of section l, section -1, clauses a and b of ser.tion 8, sections 60 and 63, clause d of section 74, sub-section 2 of section 78 and sections 83 and 84, apply mutatis mutandis as if such provisions were enar.ted in and formed part of this Act, and references therein to "board", "branch affiliate" and "parties" shall be cleC'med to be references Fo1·m of c..::vntri,c·tt' 1975. c n 19Rc. ll.l9 When· appro,·al required Contraven-tion by employee organization Compell-ab1lity of witnesses Commence-ment Chap. 81 PlW\'lNCJAL SCHOOLS NEGOTIATIONS 1975 rt'SJWdiwly to the 1\uthority, the employee organization, and thL" .\nthority a nd the employee organization. (2) For tlll' purposes of subsection 2 of section SS of The • ..:.c1100! Hoards and Tcachrrs Collective Negotiations Act, 1975, t in' teachers who a re employed in schools immediately before thi,.; Ar t romes into force shall be deemed to have contracts of employment in the form of contract prescribed by the regulations under The Education Act, 1974. (3) Where the Authority proposes to act in accordance \\"i th sub::;ection I or .:t. of section 69 of The School Boards and Teachers Cotlective Negotiations Art, 1975, it shall do so only with the approval of the Minister responsible for the Ministry that operates the school or schools that will be affected. (-1) For the purposes of subsection 1 of section 78 of The S chool Boards and Teachers Collective Negotiations A ct, 197 5, " person " includes the employee organization and theAuthority. (5) In addition to the persons referred to in section 82 of The School Boards and Teachers Collective 2Vegotiations Act, 197 5, a minister of the Crovvn and his deputy minister are not compellable witnesses in any proceedings under this Act. 7. This Act comes into force on the day it receives Royal Assent. Short title s. This Act may be cited as The Provincial Schools N egotia-tiuns Act, 1975. 

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c 81 The Provincial Schools Negotiations Act, 1975

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