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O. Reg. 145/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES FOR SERVICE AGENCIES PROVIDING VIOLENCE AGAINST WOMEN RESIDENTIAL SERVICES AND CRISIS LINE SERVICES

under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9

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Versions
current July 15, 2020 (e-Laws currency date)
April 14, 2020 July 14, 2020

Emergency Management and Civil Protection Act

ONTARIO REGULATION 145/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES FOR SERVICE AGENCIES PROVIDING VIOLENCE AGAINST WOMEN RESIDENTIAL SERVICES AND CRISIS LINE SERVICES

Historical version for the period April 14, 2020 to July 14, 2020.

Note: This Order is revoked on July 22, 2020, unless it is extended. (See s. 7.0.8 of the Act and O. Reg. 106/20, Sched. 1)

No amendments.

This is the English version of a bilingual regulation.

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 9, 10, 12 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

Schedule 1

Interpretation

1. In this Order,

“service agency” means an agency funded by the Ministry of Children, Community and Social Services that delivers,

(a)  residential or emergency residential services under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program, or

(b)  provincial crisis line services under the Violence Against Women Support Services program.

Work deployment and staffing

2. (1) Every service agency is authorized to take, with respect to work deployment and staffing, any reasonably necessary measure to respond to, prevent and alleviate the outbreak of the coronavirus (COVID-19) (the “Virus”).

(2) The work redeployment and staffing measures described in this Order may be taken with respect to staff, contractors and volunteers who provide, for a service agency, any services funded by the Ministry of Children, Community and Social Services under the Violence Against Women Support Services or the Anti-Human Trafficking Community Supports programs, including services other than residential, emergency residential or provincial crisis line services under those programs.

Same

3. Without limiting the generality of section 2 of this Schedule, and despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, service agencies are authorized to do the following:

1.  Identify staffing priorities and develop, modify and implement redeployment plans, including the following:

i.  Redeploying staff within different locations in (or between) premises where a service agency provides services and supports, including premises at which the service agency has been contracted or designated to provide services on a temporary basis in response to the declared emergency.

ii.  Changing the assignment of work, including assigning non-bargaining unit employees or contractors to perform bargaining unit work.

iii.  Changing the scheduling of work or shift assignments.

iv.  Deferring or cancelling vacations, absences or other leaves, regardless of whether such vacations, absences or leaves are established by statute, regulation, agreement or otherwise.

v.  Employing extra full-time, part-time or temporary staff or contractors, including for the purposes of performing bargaining unit work.

vi.  Using volunteers to perform work, including to perform bargaining unit work.

vii.  Providing appropriate training or education as needed to staff and volunteers to achieve the purposes of a redeployment plan.

2.  Conduct any skills and experience inventories of staff to identify possible alternative roles in any area.

3.  Require and collect information from staff or contractors about their availability to provide services for the service agency.

4.  Require and collect information from staff or contractors about their likely or actual exposure to the Virus, or about any other health conditions that may affect their ability to provide services and supports.

5.  Suspend, for the duration of this Order, any grievance process with respect to any matter referred to in this Order.

Redeployment plans

4. For greater certainty, a service agency may implement redeployment plans without complying with provisions of a collective agreement, including lay-off, seniority/service or bumping provisions.

Service agencies shall comply with Health Protection and Promotion Act

5. Despite anything in this Order, service agencies shall comply with any order or directive issued under the Health Protection and Promotion Act as it relates to a service agency.