Although the Labour Relations Code Amendment Act, 2002 (Bill 42) was enacted on May 30 2002, it did not immediately come into force. The Act provided that its various sections would come into force by regulation. Regulation 182/2002 has now been issued by the government. As a result, some sections of the Act will come into force on July 30, 2002 and others on September 1, 2002. A summary of the various sections and their dates in force are set out below.
In force as of July 30, 2002
Section 3: broadens employer freedom of speech by providing that a person may communicate his or her views if the person does not use intimidation or coercion.
Section 4: continues the Collective Agreement Arbitration Bureau, but gives the power to appoint its director to the chair of the Labour Relations Board. It also gives the director the power to appoint employees of the Bureau. Previously, all such appointments were made by the minister of labour.
Section 5: makes the appointment of a grievance mediator-arbitrator by the director under section 105 discretionary.
Section 6: makes discretionary the appointment by the chair of vice chairs as the associate chair of the Mediation Division and the Adjudication Division.
Section 7: authorizes the chair of the Labour Relations Board to delegate to other board members the functions of the director of the Collective Agreement Arbitration Bureau.
Section 8: authorizes the Lieutenant Governor in Council to make regulations respecting presentations by employers and trade unions before votes; and establishing and authorizing fees to be payable to the board any services provided by the board or its staff in relation to the Code.
In force as of September 1, 2002
Section 1: replaces section 2, previously titled “Purposes of the Code” with a revised version titled “Duties under the Code.” It requires the Labour Relations Board to exercise its statutory powers in a way that, among other things, fosters the employment of workers in economically viable businesses.