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O. Reg. 413/03: PROTECTION OF EMPLOYEES - REGIONAL MUNICIPALITIES

under Municipal Act, 2001, S.O. 2001, c. 25

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Versions
revoked or spent January 1, 2006
December 4, 2003 December 31, 2005

Municipal Act, 2001
Loi de 2001 sur les municipalités

ONTARIO REGULATION 413/03

No Amendments

PROTECTION OF EMPLOYEES — REGIONAL MUNICIPALITIES

Historical version for the period December 4, 2003 to December 31, 2005.

This Regulation is made in English only.

Offer of employment

1. (1) A regional municipality or its local boards shall offer to employ every person who was employed by a participating lower-tier municipality or its local boards on the date that a by-law passed under subsection 150 (1) of the Regional Municipalities Act, as that subsection read on December 31, 2002, comes into force and was continuously employed for a period of not less that six months immediately before that date and who during that period was primarily engaged in providing the waste management function that the regional municipality has assumed under the by-law. O. Reg. 413/03, s. 1 (1).

(2) A person who accepts employment under subsection (1),

(a) is guaranteed employment with the regional municipality or local board for the one-year period next following the commencement of employment with the regional municipality or local board; and

(b) shall be credited with the same seniority that he or she had with the participating lower-tier municipality or local board on the date the by-law comes into force. O. Reg. 413/03, s. 1 (2).

(3) During the one-year period mentioned in clause (2) (a), the person shall receive a wage or salary not less than the person was receiving on the date the by-law comes into force. O. Reg. 413/03, s. 1 (3).

Deemed election

2. (1) The regional municipality or local board shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on the day before the by-law comes into force in respect of a person employed under subsection 1 (1) if the employee was or was entitled to be a member of the Ontario Municipal Employees Retirement System on the day immediately preceding his or her employment with the regional municipality or local board. O. Reg. 413/03, s. 2 (1).

(2) An employee to whom subsection (1) applies,

(a) shall have uninterrupted membership or entitlement to membership, as the case may be, in the Ontario Municipal Employees Retirement System; and

(b) shall be deemed not to have resigned from his or her previous employment. O. Reg. 413/03, s. 2 (2).

(3) The regional municipality or local board shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act. O. Reg. 413/03, s. 2 (3).

Sick leave credit plan

3. (1) On the day a person is employed under subsection 1 (1), the regional municipality or local board shall be deemed to have established a sick leave credit plan for the person and shall transfer to the plan the sick leave credits standing to the credit of the person in the plan of the participating lower-tier municipality or local board on the date the by-law came into force. O. Reg. 413/03, s. 3 (1).

(2) Subsection (1) does not apply so as to require the regional municipality or its local boards to establish a sick leave credit plan other than to recognize the sick leave credits being transferred under that subsection. O. Reg. 413/03, s. 3 (2).

Vacation pay

4. The regional municipality or local board shall, during the first year of employment of a person employed under subsection 1 (1), provide for vacation with pay equivalent to those to which the employee would have been entitled if he or she had remained in the employment of the participating lower-tier municipality or local board. O. Reg. 413/03, s. 4.

Termination, etc.

5. Nothing in this Regulation prevents an employer from terminating the employment of an employee or reducing or eliminating the salary or wage rate, seniority or benefits of an employee for just cause. O. Reg. 413/03, s. 5.

6. Omitted (revokes other Regulations). O. Reg. 413/03, s. 6.

7. Omitted (provides for the revocation of this Regulation). O. Reg. 413/03, s. 7.