M-1.1 - Act to ensure that essential services are maintained in the health and social services sector

Section 9 Disposition versions

2006-01-01

9. If the employees of an institution, an agency, a regional council or an operator of ambulance services or of a category of institutions, agencies, regional councils or operators of ambulance services determined by the Government do not comply with section 2 in sufficient number to ensure that the essential services, as provided in a list or in an agreement, or, if none, in the case of an institution, essential services as provided in sections 111.10 and 111.10.1 of the Labour Code (chapter C‐27), are maintained, the Government may, by order, from such time, for such time and on such conditions as it may fix, exclusively for the purposes of ensuring the provision of essential services, replace, amend or strike out any stipulation of the collective agreement binding the employer and the association of employees which represents such employees relating to the mode by which the employer fills a position or hires new employees and any matter related to work organization.

The Government may also, for the same purposes, by such an order, from such time, for such time and on such conditions as it may fix, replace, amend or strike out any stipulation of the said collective agreement to exclude the new employees hired to provide essential services from the application of the stipulations of the collective agreement relating to seniority.

The provisions of an order made under this section shall, for the period indicated therein, form part of any collective agreement contemplated therein.

1986, c. 74, s. 9; 1988, c. 40, s. 5; 1992, c. 21, s. 180, s. 375; 2002, c. 69, s. 131; 2005, c. 32, s. 308.

2002-12-19

9. If the employees of an institution, a regional board, a regional council or an operator of ambulance services or of a category of institutions, regional boards, regional councils or operators of ambulance services determined by the Government do not comply with section 2 in sufficient number to ensure that the essential services, as provided in a list or in an agreement, or, if none, in the case of an institution, essential services as provided in sections 111.10 and 111.10.1 of the Labour Code (chapter C‐27), are maintained, the Government may, by order, from such time, for such time and on such conditions as it may fix, exclusively for the purposes of ensuring the provision of essential services, replace, amend or strike out any stipulation of the collective agreement binding the employer and the association of employees which represents such employees relating to the mode by which the employer fills a position or hires new employees and any matter related to work organization.

The Government may also, for the same purposes, by such an order, from such time, for such time and on such conditions as it may fix, replace, amend or strike out any stipulation of the said collective agreement to exclude the new employees hired to provide essential services from the application of the stipulations of the collective agreement relating to seniority.

The provisions of an order made under this section shall, for the period indicated therein, form part of any collective agreement contemplated therein.

1986, c. 74, s. 9; 1988, c. 40, s. 5; 1992, c. 21, s. 180, s. 375; 2002, c. 69, s. 131.

1992-10-01

9. If the employees of an institution, a regional board, a regional council or an operator of ambulance services or of a category of institutions, regional boards, regional councils or operators of ambulance services determined by the Government do not comply with section 2 in sufficient number to ensure that the essential services, as provided in a list or in an agreement, or, if none, in the case of an institution, essential services as provided in sections 111.10 and 111.10.1 of the Labour Code (chapter C-27), are maintained, the Government may, by order, from such time, for such time and on such conditions as it may fix, exclusively for the purposes of ensuring the provision of essential services, replace, amend or strike out any stipulation of the collective agreement binding the employer and the association of employees which represents such employees relating to the mode by which the employer fills a position or hires new employees and any matter related to work organization.

The Government may also, for the same purposes, by such an order, from such time, for such time and on such conditions as it may fix, replace, amend or strike out any stipulation of the said collective agreement to exclude the new employees hired to provide essential services from the application of the stipulations of the collective agreement relating to seniority.

The provisions of an order made under this section shall, for the period indicated therein, form part of any collective agreement contemplated therein.

1986, c. 74, s. 9; 1988, c. 40, s. 5; 1992, c. 21, s. 180, s. 375.

1988-06-22

9. If, in an establishment, a regional council or an ambulance service or in a category of establishments, regional councils or operators of ambulance services determined by the Government, the employees do not comply with section 2 in sufficient number to ensure that the essential services, as provided in a list or in an agreement, or, if none, in the case of an establishment, essential services as provided in sections 111.10 and 111.10.1 of the Labour Code (chapter C-27), are maintained, the Government may, by order, from such time, for such time and on such conditions as it may fix, exclusively for the purposes of ensuring the provision of essential services, replace, amend or strike out any stipulation of the collective agreement binding the employer and the association of employees which represents such employees relating to the mode by which the employer fills a position or hires new employees and any matter related to work organization.

The Government may also, for the same purposes, by such an order, from such time, for such time and on such conditions as it may fix, replace, amend or strike out any stipulation of the said collective agreement to exclude the new employees hired to provide essential services from the application of the stipulations of the collective agreement relating to seniority.

The provisions of an order made under this section shall, for the period indicated therein, form part of any collective agreement contemplated therein.

1986, c. 74, s. 9; 1988, c. 40, s. 5.

1986-11-11

9. If, in an establishment or a regional council or in a category of establishments or regional councils determined by the Government, the employees do not comply with section 2 in sufficient number to ensure that the essential services, as provided in a list or in an agreement, or, if none, in sections 111.10 and 111.10.1 of the Labour Code (chapter C-27), are maintained, the Government may, by order, from such time, for such time and on such conditions as it may fix, exclusively for the purposes of ensuring the provision of essential services, replace, amend or strike out any stipulation of the collective agreement binding the employer and the association of employees which represents such employees relating to the mode by which the employer fills a position or hires new employees and any matter related to work organization.

The Government may also, for the same purposes, by such an order, from such time, for such time and on such conditions as it may fix, replace, amend or strike out any stipulation of the said collective agreement to exclude the new employees hired to provide essential services from the application of the stipulations of the collective agreement relating to seniority.

The provisions of an order made under this section shall, for the period indicated therein, form part of any collective agreement contemplated therein.

1986, c. 74, s. 9.