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O. Reg. 241/20: ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SPECIAL RULES RE TEMPORARY PANDEMIC PAY

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

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current May 29, 2020 (e-Laws currency date)

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Emergency Management and Civil Protection Act

ONTARIO REGULATION 241/20

ORDER UNDER SUBSECTION 7.0.2 (4) OF THE ACT - SPECIAL RULES RE TEMPORARY PANDEMIC PAY

Consolidation Period:  From May 29, 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;

And Whereas on April 25, 2020, the Government of Ontario announced that in recognition of the dedication, long hours and increased risk of working to contain the COVID-19 outbreak, the Government of Ontario is providing frontline staff with temporary pandemic pay;

And Whereas the Government of Ontario is funding certain employers to provide eligible employees with temporary pandemic pay;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 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 is retroactive to April 24, 2020.

Schedule 1

Interpretation

1. In this Order,

“eligible employee” means an employee who is entitled to receive temporary pandemic pay in accordance with the document entitled “Eligible workplaces and workers for pandemic pay” dated May 29, 2020 and available at https://www.ontario.ca/page/eligible-workplaces-and-workers-pandemic-pay; (“employé admissible”)

“temporary pandemic pay” means the hourly wages and lump sum payments that eligible employees are entitled to receive in accordance with the document entitled “Eligible workplaces and workers for pandemic pay” dated May 29, 2020 and available at https://www.ontario.ca/page/eligible-workplaces-and-workers-pandemic-pay. (“prime temporaire liée à la pandémie”)

Application

2. This Order applies to the following, province-wide:

1. Eligible employees.

2. Employers of eligible employees and employers of persons redeployed to perform work as eligible employees.

3. Trade unions and bargaining agents that represent eligible employees.

Payment of temporary pandemic pay to eligible employees

3. Despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, the following rules apply with respect to temporary pandemic pay:

1. An agreement between an employer and a trade union or a bargaining agent regarding the payment of temporary pandemic pay is not required for the employer to make payments of temporary pandemic pay to eligible employees.

2. No employer, tribunal, arbitrator, arbitration board, officer or court may expand eligibility for temporary pandemic pay or require the payment of temporary pandemic pay to employees who are not eligible employees.

Complaints

4. No complaint alleging a contravention of the Labour Relations Act, 1995 or the Crown Employees Collective Bargaining Act, 1993 shall be made in respect of the payment of temporary pandemic pay.

 

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