R.R.O. 1990, Reg. 815: WASTE MANAGEMENT

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Municipal Act, 2001

R.R.O. 1990, REGULATION 815

formerly under Municipal Act

WASTE MANAGEMENT

Consolidation Period: From August 9, 2023 to the e-Laws currency date.

Last amendment: 253/23.

Legislative History: 30/94, 408/02, 253/23.

This is the English version of a bilingual regulation.

1. Revoked:  O. Reg. 408/02, s. 1.

Protection of Employees

2. (1) The county or a local board thereof shall offer to employ every person who was employed by a participating local municipality or a local board thereof on the date a by-law passed under subsection 209 (2) of the Municipal Act, as that subsection read on December 31, 2002 comes into force and continuously for a period of not less than six months immediately before that date and who during that period was primarily engaged in providing the waste management function the county has assumed under the by-law.  R.R.O. 1990, Reg. 815, s. 2 (1); O. Reg. 408/02, s. 2.

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

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

(b)  shall be credited with the same seniority that he or she had with the participating local municipality or local board on the date the by-law came into force.  O. Reg. 30/94, s. 1 (1).

(2.1) 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 came into force. O. Reg. 30/94, s. 1 (1).

(3) The county or local board thereof shall be deemed to have elected to participate in the Ontario Municipal Employees Retirement System on the day before the by-law under subsection 209 (2) of the Act comes into force in respect of a person employed under subsection (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 county or local board thereof and the employee,

(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.  R.R.O. 1990, Reg. 815, s. 2 (3).

(4) On the day a person is employed under subsection (1), the county 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 local municipality or local board on the date the by-law comes into force.  O. Reg. 30/94, s. 1 (2).

(5) Subsection (4) does not apply so as to require the county or a local board thereof to establish a sick leave credit plan other than to recognize the sick leave credit being transferred under that subsection.  R.R.O. 1990, Reg. 815, s. 2 (5).

(6) The county or local board thereof shall, during the first year of employment of a person employed under subsection (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 local municipality or local board.  R.R.O. 1990, Reg. 815, s. 2 (6).

(7) The county or local board thereof shall be deemed to be a municipality for the purposes of the Ontario Municipal Employees Retirement System Act.  R.R.O. 1990, Reg. 815, s. 2 (7).

(8) 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. 30/94, s. 1 (3).

Financial Adjustments

3. (1) Subject to subsection (3), if a right, obligation, asset or liability is vested in a county under subsection 209 (15) of the Municipal Act, as that subsection read on December 31, 2002, that county shall pay the participating local municipality or local board thereof in which the right, obligation, asset or liability was previously vested, compensation based upon the market value of the right, obligation, asset or liability.  R.R.O. 1990, Reg. 815, s. 3 (1); O. Reg. 408/02, s. 3 (1).

(2) The market value of a right, obligation, asset or liability is the amount the right, obligation, asset or liability might be expected to bring if it changed hands in the open market between a willing seller and a willing buyer on the day before a county passes a by-law under subsection 209 (2) of the Municipal Act, as that subsection read on December 31, 2002.  R.R.O. 1990, Reg. 815, s. 3 (2); O. Reg. 408/02, s. 3 (2).

(3) If it is determined that the market value of a right, obligation, asset or liability transferred to the county is less than zero, the participating local municipality or local board thereof in which the right, obligation, asset or liability was previously vested shall pay the county the amount by which the market value is less than zero.  R.R.O. 1990, Reg. 815, s. 3 (3).

(4) The compensation under subsection (3) shall be paid to the county at such times and in such amounts as the county and the participating local municipality or local board may agree or, failing agreement, in equal yearly instalments over a period of five years or such shorter period as the participating local municipality or local board may determine.  R.R.O. 1990, Reg. 815, s. 3 (4).

(5) Compensation owing under subsection (1) or (3) shall bear interest calculated from the date the county passes a by-law under subsection 209 (2) of the Act, at the rate of 2 per cent less than the post-judgment interest rate applicable on that date as determined under subsection 127 (2) of the Courts of Justice Act.  R.R.O. 1990, Reg. 815, s. 3 (5).

Alternative Dispute Settlement Mechanism

4. (1) The county, the participating local municipalities and the local boards affected by the dispute described in subsection 209 (25) of the Municipal Act, as that subsection read on December 31, 2002 may, at any time before an application is made to the Ontario Land Tribunal under that subsection, establish a committee of mediators which shall investigate the matter and report its findings and recommendations on the dispute in writing to the affected parties.  R.R.O. 1990, Reg. 815, s. 4 (1); O. Reg. 408/02, s. 4 (1); O. Reg. 253/23, s. 1.

(2) A committee of mediators established under subsection (1) shall be composed of,

(a)  one person appointed by the county;

(b)  one person appointed by all of the participating local municipalities and local boards thereof affected by the dispute; and

(c)  one person, who shall chair the committee, appointed by the two persons described in clauses (a) and (b).  R.R.O. 1990, Reg. 815, s. 4 (2).

(3) A committee of mediators shall determine its own procedure.  R.R.O. 1990, Reg. 815, s. 4 (3).

(4) The report of the majority constitutes the report of a committee of mediators, but, if there is no majority agreement, the chair shall notify the affected parties in writing that there has been no agreement and the notification constitutes the report of committee.  R.R.O. 1990, Reg. 815, s. 4 (4).

(5) A report of a committee of mediators is not binding on the affected parties.  R.R.O. 1990, Reg. 815, s. 4 (5).

(6) No affected party shall apply to the Ontario Land Tribunal under subsection 209 (25) of the Municipal Act, as that subsection read on December 31, 2002 between the date a committee of mediators is established and the date the committee sends its report to the affected parties, unless an affected party gives all the other affected parties and the committee of mediators thirty days notice in writing of its intention to make the application.  R.R.O. 1990, Reg. 815, s. 4 (6); O. Reg. 408/02, s. 4 (2); O. Reg. 253/23, s. 1.

 

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