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Part 6: Dispute and Complaint Resolution

  • Issued: June 2006

6.1  Resolving Disputes About Implementation of the Agreement

6.1.1  
The ministers responsible for the agreement will each designate an Official Contact to receive complaints about implementation of the agreement; in particular, disputes about the recognition of qualifications, skills and experience of contractors and workers, in all sectors of the construction industry in Ontario and Quebec.

6.1.2
Contractors and workers may complain to the Official Contact in their home province if there is any such dispute with the other government, one of its official representatives, or with a representative of any organisation covered by the agreement.

6.1.3
The Official Contacts have 48 hours to resolve the dispute or complaint. 

  1. If both Official Contacts agree the complaint is valid, then the appropriate official will act to resolve the complaint.
  2. If both Official Contacts agree that the complaint is not valid, the official who received the complaint will inform the complainant that they do not support the complaint; and, indicate that if the complainant wishes to pursue the issue, they will have to follow the normal appeal process in that province.
  3. If the Official Contacts disagree on the validity of the complaint, the matter will be referred to the respective Assistant Deputy Ministers (ADMs).

6.1.4
The respective ADMs have 72 hours to consider the complaint and make a determination on its validity. 

  1. If both ADMs agree that the complaint is either valid or not valid, the matter will be referred back to the official contacts for resolution as outlined in either 6.1.3(a) or 6.1.3(b) above, as the case may be.
  2. If the ADMs cannot agree on the validity of the complaint, the matter will be referred to a committee formed of two experts (Committee of Experts), one designated by each province. 

6.1.5
Ontario and Quebec will each maintain a list of three experts, from which each will select one to sit on the Committee of Experts.

The Committee of Experts reports to the Minister of Labour of Ontario and the Ministre du travail of Quebec.  The Committee will have 5 days to consider the complaint and determine its validity. 

  1. If both experts agree that the complaint is either valid or not valid, the matter will be referred back to the official contacts for resolution as outlined in either 6.1.3(a) or 6.1.3(b) above, as the case may be.
  2. If the Committee disagrees on the validity of the complaint, the matter will be referred to the Minister of Labour of Ontario and the Ministre du travail of Quebec within the 5 days.

6.2 Resolving Complaints of Harassment

Prevention of Harassment

6.2.1
“Harassment” occurs when a contractor or worker who has the legal right to work on a construction site is intimidated, threatened or challenged by another contractor, worker, government official or other individual, or organization covered by this agreement.

6.2.2
Ontario and Quebec will each appoint a person to coordinate activities and to distribute information aimed at preventing harassment.    

6.2.3
Quebec agrees to offer information sessions to the appropriate staff of the CCQ, the CSST, Revenu Quebec and the RBQ in the border region and in Montreal.  Information will be made available in other parts of the province as required.

6.2.4
Ontario agrees to offer information sessions to the appropriate staff of the MTCU, the WSIB, the MOF and the MOL.

6.2.5
Quebec agrees that in the border region and in Montreal, representatives of the relevant union and employer associations will be made aware of the problem of harassment and the importance of remedying it by conveying anti-harassment information to their members.

6.2.6
Ontario agrees that in the border region, representatives of the relevant union and employer associations will be made aware of the problem of harassment and the importance of remedying it by conveying anti-harassment information to their members. 

6.2.7
Ontario and Quebec agree to encourage union and employer leaders in these regions to adopt a zero-tolerance policy on harassment and to communicate this policy to their members.

Processing Complaints of Harassment

6.2.8
When workers or contractors believe that they have been victims of harassment, as defined in this agreement, they may make a complaint to the Official Contact in their home province.  Services will be offered in French and English and will remain confidential, to the extent possible.

6.2.9
The Official Contacts will work together and make best efforts to resolve a complaint within 48 hours.  The parties agree not to take reprisals against any person making a complaint.

6.2.10 
The Official Contact to whom a complaint is made will note the following:

  • the nature of the allegation,
  • the date and place where the incidents took place,
  • persons involved,
  • relevant documents or names of witnesses, and
  • the redress demanded.

6.2.11 
The Official Contact to whom a complaint is made will discuss the complaint with his/her counterpart in the other province.  If the Contacts agree the complaint is valid, the Contact for the province where the harassment occurred will send the case to the most competent organization in that province for investigation.

If the Contacts disagree on the validity of the complaint, the matter will be handled through the dispute resolution mechanism outlined in section 6.1.

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