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O. Reg. 163/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES FOR MENTAL HEALTH AND ADDICTIONS AGENCIES

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

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current April 22, 2020 (e-Laws currency date)

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Emergency Management and Civil Protection Act

ONTARIO REGULATION 163/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - WORK DEPLOYMENT MEASURES FOR MENTAL HEALTH AND ADDICTIONS AGENCIES

Consolidation Period:  From April 22, 2020 to the e-Laws currency date.

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,

“mental health and addictions agency” means a not-for-profit entity that,

(a) provides community mental health and addictions services, and

(b) receives funding from the Ministry of Health or from a Local Health Integration Network.

Application

2. This Order applies to every mental health and addictions agency.

Work deployment and staffing

3. Mental health and addictions agencies are 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”) and to respond to consequences arising from the Virus.

Measures

4. Without limiting the generality of section 3, and despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, mental health and addictions 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 facilities of, a mental health and addictions agency.

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 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 priority areas.

3. Require and collect information from staff, contractors or volunteers about their availability to provide services for the mental health and addictions agency.

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

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

Redeployment plans

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

 

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