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PC Caucus Legislation - An Act to ensure that essential services are maintained respecting National Hockey League entertainment in Ontario - Ontario Model Parliament 2013

PC Caucus Legislation - An Act to ensure that essential services are maintained respecting National Hockey League entertainment in Ontario - Ontario Model Parliament 2013

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Published by Joseph Uranowski
#OMP2013 This is the Young Progressive Conservatives of Ontario's legislation from the 2013 Ontario Model Parliament.
#OMP2013 This is the Young Progressive Conservatives of Ontario's legislation from the 2013 Ontario Model Parliament.

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Published by: Joseph Uranowski on Feb 01, 2013
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02/01/2013

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 1
ST
SESSION, 41
TH
LEGISLATURE, ONTARIO62 ELIZABETH II, 2013
Bill 99
An Act to ensure that essential services are maintainedrespecting National Hockey League entertainment in Ontario
Co-sponsors:
Ms. Schulte-AlbertMr. Hare
Private Members’ Bill
 
1st Reading February 1, 20132nd Reading3rd ReadingRoyal Assent
EXPLANATORY NOTE
This Bill labels National Hockey League (NHL) hockey entertainment services for the provinceof Ontario as essential services
with respect to Ontario’s two
NHL hockey teams, the TorontoMaple Leafs and the Ottawa Senators.
 
1
SAVE OUR SPORTS BARS ACT, 2013
Bill 99 2013
An Act to ensure that essential services are maintained respecting NationalHockey League entertainment in Ontario
Preamble
For the past few months, the National Hockey League, hereafter referred to as the NHL, waslocked in an ongoing labour dispute with the National Hockey League Players Association,hereafter referred to as the NHLPA, following the expiration of their collective bargainingagreement. The NHL barred two Ontario-based teams, the Toronto Maple Leafs and OttawaSenators, from using the facilities owned by private franchises, Maple Leaf Sports &Entertainment Limited and Senators Sports & Entertainment Limited.Though a resolution to the labour dispute has been concluded, work stoppages involving theseparties ga
ve rise to serious concerns for Ontario’s already weakened economy, including but not
limited to tourism, retail, restaurants, and, perhaps most importantly, sports bars. Recognizingthe devastating impact of the NHL lockout on small businesses and hockey fans across theprovince, this Act seeks to ensure that hockey entertainment services as provided by Ontario-based NHL teams, the Toronto Maple Leafs and Ottawa Senators, are to be henceforthconsidered as essential services for all Ontarians.Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of theProvince of Ontario, enacts as follows:INTERPRETATION AND APPLICATION OF THE ACT
Definitions
1.
In this Act,
“bargaining agent”
means a trade union or an association that has been certified orvoluntarily recognized under the
 Labour Relations Act, 1995
to represent a bargainingunit of employees of an employer, namely the NHLPA;
"collective agreement"
means a collective agreement as defined in the
 Labour Relations Act,1995
 
between a union and an employer covering employees of the employer;
“employee”
 
means an employee of the employer, which can include but is not limited to theplayers, coaches, and support staff of the NHL;
“employer”
means the party that has a contract with the employee, namely the NHL;
essential services
means services that are necessary to enable the employer to prevent(a) danger to life, health or safety,(b) the destruction or serious deterioration of machinery, equipment or premises,(c) serious environmental damage, or(d) disruption of the administration of the courts or of legislative drafting;
 
2
SAVE OUR SPORTS BARS ACT, 2013
“third party”
means any private NHL-affiliated hockey entertainment company orestablishment based in Ontario affected by the lockout, such as Maple Leaf Sports andEntertainment Limited and Senators Sports and Entertainment Limited;
 
work stoppage
means a lockout as those terms are defined in the
Labour Relations Act,1995.
 
Purpose
2.
The purpose of this Act is the protection of 
Ontario’s economy through:
 (1) legislating NHL hockey entertainment services as essential services in Ontario;(2) guaranteeing the right to work of hockey entertainment employers and employees in theprovince of Ontario;(3) combating undue influence by foreign hockey entertainment trade unions andassociations on the health of O
ntario’s economy
and;(4) protecting NHL hockey entertainment consumers and small business owners from thework stoppages caused by the NHL labour dispute.
Non-Application
3.
This Act does not apply to,(a)
 
non-Ontario-based NHL employees;(b)
 
any non-Ontario-based NHL third party.FREEDOMS
Membership in the National Hockey League’s Players Association
 
4.
Every employee of an Ontario-based NHL team who is a member of the NHLPA is free toleave the association and forfeit the accompanying associational obligations as protected undersection 2(d) of the
Constitution Act, 1982
.
Right to work
5.
(1) Every employee of an Ontario-based NHL team has the right to work as protected undersections 6(2), 7, and 26 of the
Constitution Act, 1982
.(2) Repeal S.O. 1995, c. 1, Sched. A.ESSENTIAL SERVICE
6.
(1) The Government of Ontario considers the provision of NHL hockey entertainment services
in Ontario as an “essential service”. These services may include but are not limited to
(a)
 
televised hockey games hosted in NHL third party facilities(b)
 
broadcasted interviews with the players and coaches(c)
 
public use of NHL third party facilities by Ontarians during game time
Compliance

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