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←Executive Committee · 2019-06-06 · 2019.EX6.3

The filed record

Schedule 9, Changes to the Labour Relations Act, 1995 - Restoring Ontario's Competitiveness Act, 2019

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The decision

2019-06-18 · Toronto City Council · amended

As filed

City Council on June 18 and 19, 2019, adopted the following: 1. City Council opt out of the application of section 127 (1) to (4) of Schedule 9 of Bill 66 and City Council direct the City Manager to file an election with the Minister of Labour in writing by July 3, 2019 thereby confirming the City of Toronto remains a construction employer. 2. City Council direct that Confidential Attachment 1 to the report (May 29, 2019) from the City Manager remain confidential in its entirety as it pertains to labour relations and potential litigation that affects the City of Toronto.

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3. City Council direct the City Manager to report back to the Executive Committee as soon as practicable on the feasibility of implementing a union preference procurement policy in the non-Industrial, Commercial and Institutional sector, such report should address the implications for implementing such a policy. Confidential Attachment 1 to the report (May 29, 2019) from the City Manager remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to labour relations and potential litigation that affects the City of Toronto.

The vote

Adopt Item as Amended · Carried, 19-5

For (19)Ana Bailão, Anthony Perruzza, Brad Bradford, Cynthia Lai, Frances Nunziata, Gary Crawford, Gord Perks, James Pasternak, Jennifer McKelvie, Joe Cressy, John Tory, Josh Matlow, Kristyn Wong-Tam, Mark Grimes, Mike Colle, Mike Layton, Paul Ainslie, Paula Fletcher, Shelley Carroll
Against (5)Denzil Minnan-Wong, Jaye Robinson, John Filion, Michael Ford, Stephen Holyday
Absent (2)Jim Karygiannis, Michael Thompson
The whole record, all 26 members

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On the agenda

As the city filed it

On April 2, 2019, Restoring Ontario's Competitiveness Act, 2019 (the Act) passed third reading and received Royal Assent on April 3, 2019. This report provides an overview of the changes made to the Labour Relations Act, 1995 by Schedule 9 of the Act and analyses the anticipated impact on the City of Toronto. The impacts of other sections of the Act are addressed in a separate report for information titled "Bill 66, Restoring Ontario's Competitiveness Act, 2019 - City Impacts".

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Schedule 9 amends Section 127(1) of the Labour Relations Act, 1995 by deeming public bodies, including municipalities, school boards, hospitals, colleges, universities and local boards, within the meaning of the Municipal Act, 2001 and the City of Toronto Act, 2006, as non-construction employers. It also provides a mechanism through which municipalities who wish to remain as construction employers may opt out of the application of the section within three (3) months from April 3, 2019. The City is bound to nine province-wide collective agreements in the Industrial, Commercial and Institutional sector of the construction industry. As a result, the City has until July 3, 2019 to decide if it will choose to opt-out and remain a construction employer. This authority to opt-out requires a Council decision. If the City does nothing, it will, by default, become a non-construction employer and the province-wide collective agreements that the City is bound to in the Industrial, Commercial and Institutional sector will no longer apply to the City. If Council decides to opt out and the notice of election is filed with the Ministry, the election is irrevocable. Should the City wish, at a later date, to be deemed a non-construction employer, it must make application to the Ontario Labour Relations Board under the existing definition of non-construction employer in the Labour Relations Act and, the Ontario Labour Relations Board must determine that the City meets the high threshold within the Labour Relations Act.

Staff recommended

The City Manager recommends that: 1. City Council take no action, thereby confirming the City of Toronto as a non-construction employer effective the day subsections 127 (1) to (4) of the Labour Relations Act, 1995 come into force. 2. City Council direct the City Manager in consultation with the Chief Financial Officer and Treasurer and Deputy City Managers, to report back on the financial and program impacts to the City being a non-construction employer.

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3. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it pertains to labour relations and potential litigation that affects the City of Toronto.

Considered

  • 2019-06-06 · Executive Committee · forwarded without recommendation

    Decision as filed

    That Executive Committee forwards the item to City Council without recommendations.

    Clerk’s note

    The Executive Committee: 1. Directed the City Manager to report directly to the June 18, 2019 meeting of City Council on the following: a. the number of union construction companies that can currently bid on construction jobs in the Industrial, Commercial and Institutional sector in the City of Toronto; b. the number of additional union construction companies that would likely be able to bid on construction jobs in the Industrial, Commercial and Institutional sector in the City of Toronto, if the City decided to become a non-construction employer; c.

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    the number of non-union construction companies that would likely be able to bid on construction jobs in the Industrial, Commercial and Institutional sector in the City of Toronto, if the City decided to become a non-construction employer; d. ways in which the City could increase and/or maximize the benefits, such as skills training and community benefits, associated with union workforces being employed in the Industrial, Commercial and Institutional sector, should the City decide to continue being a construction employer; e. the general percentage of the bids received in the Industrial, Commercial and Institutional sector that account for wages of employees; and given the existence of the City's Fair Wage Policy, other areas of a successful bid that might become more competitive, if the City became a non-construction employer; and f. the scale of training programs undertaken by certified and non-city certified unions in Toronto; and similar programs undertaken by non-union construction firms; and g. the central findings of the 2008 City of Toronto report concerning the savings the City would incur if it became a non-construction employer based on the Fair Wage Policy.

  • 2019-06-18 · Toronto City Council · amended

    Clerk’s note

    City Council recessed its public session and met as Committee of the Whole in closed session on June 19, 2019 to consider confidential information on this Item as it pertains to labour relations or employee negotiations and potential litigation that affects the City of Toronto. City Council considered Items EX6.3 and MM8.51 together.

On the record

The item as the City filed it

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