O. Reg. 241/20: SPECIAL RULES RE TEMPORARY PANDEMIC PAY

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Reopening Ontario (A Flexible Response to COVID-19) Act, 2020

ONTARIO REGULATION 241/20

formerly under Emergency Management and Civil Protection Act

SPECIAL RULES RE TEMPORARY PANDEMIC PAY

Note: This Regulation was revoked on April 20, 2021. (See: O. Reg.281/21, s. 1)

Last amendment: 281/21.

Legislative History: 408/20, 281/21.

This is the English version of a bilingual regulation.

Terms of Order

1. The terms of this Order are set out in Schedule 1. O. Reg. 408/20, s. 3.

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.

Retroactivity

5. For greater certainty, despite the amendments made to this Order by Ontario Regulation 408/20, this Order continues to be retroactive to April 24, 2020.

O. Reg. 241/20, Sched. 1; O. Reg. 408/20, s. 4.

 

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