R.R.O. 1990, Reg. 977: GENERAL
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Loi sur la fonction publique
R.R.O. 1990, REGULATION 977
Amended to O. Reg. 454/06
GENERAL
Historical version for the period September 22, 2006 to December 18, 2006.
This Regulation is made in English only.
CONTENTS
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Sections |
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1 |
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APPOINTMENTS AND ASSIGNMENTS |
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2-5 |
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6 |
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CONDITIONS OF EMPLOYMENT |
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7-9 |
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10 |
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10.1-10.5 |
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10.6-10.7 |
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10.8 |
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10.9 |
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10.9.1 |
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10.10-10.11.4 |
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10.12-10.13 |
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10.14 |
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10.14.1 |
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10.15 |
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10.16 |
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10.16.1 |
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10.17 |
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10.18 |
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10.19 |
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10.20 |
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11-12 |
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13 |
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14-16 |
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STAFF DEVELOPMENT |
17-24 |
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GRIEVANCE PROCEDURE |
30-44.-55 |
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BENEFITS — CLASSIFIED EMPLOYEES AND OTHER SPECIFIED EMPLOYEES |
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55.1-57 |
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58 |
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58.1-59.1 |
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60-63 |
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64-70.1 |
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71-78.3 |
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79-87 |
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88-88.1 |
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88.2 |
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BENEFITS — UNCLASSIFIED MCP EMPLOYEES, FULL WORK WEEK |
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88.3-89 |
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90 |
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91 |
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92-93 |
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94-94.1 |
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95 |
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95.1-95.1.3 |
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BENEFITS — OTHER UNCLASSIFIED MCP EMPLOYEES AND UNCLASSIFIED EXCLUDED EMPLOYEES |
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95.2-96 |
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97 |
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98 |
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99-100 |
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101-101.1 |
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102 |
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103-103.3 |
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BENEFITS — UNCLASSIFIED SMG EMPLOYEES |
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104-105 |
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106 |
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107 |
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108-109 |
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110 |
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111 |
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112 |
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113-124 |
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1-4 |
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1-4 |
1. (1) In this Regulation,
“full employment” means employment for the number of hours of work per week prescribed for a classification by subsection 9 (1);
“full-time employee” means an employee who is appointed to full employment and “full-time position” has a corresponding meaning;
“Management Compensation Plan” or “MCP” means the classifications of positions of persons employed by the Crown in managerial, administrative, professional, technical, clerical, operational or confidential capacities other than the classifications of positions of persons in,
(a) units of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993,
(b) the deputy minister class, and
(c) the Senior Management Group;
“part-time employee” means an employee who is appointed to a position designated under subsection 9 (3) as a position whose duties require fewer hours of work per week than are prescribed by subsection 9 (1);
“pay” or “salary” means remuneration in respect of regularly scheduled hours of work but does not include any amount paid that is,
(a) a cash payment for a benefit,
(b) a premium payment, or
(c) a lump sum payment for a special assignment;
“regularly scheduled hours of work”, in the case of a full-time employee, means the hours of work per week prescribed for a classification by subsection 9 (1) and, in the case of a part-time employee to whom clause 9 (4) (a) applies, means the hours or, in the case of a part-time employee to whom clause 9 (4) (b) applies, means the number of full days in four consecutive weeks specified for the position;
“Senior Management Group” or “SMG” means the classes, other than the deputy minister class, of positions of persons employed by the Crown in senior management capacities and classified as positions within the Senior Management Group on or after January 1, 1991;
“spouse” means,
(a) a spouse as defined in section 1 of the Family Law Act, or
(b) either of two persons who live together in a conjugal relationship outside marriage;
“term classified employee” means a person appointed to the term classified service under subsection 7.1 (1) of the Act. R.R.O. 1990, Reg. 977, s. 1 (1); O. Reg. 71/00, s. 1; O. Reg. 40/02, s. 1; O. Reg. 1/04, s. 1; O. Reg. 280/04, s. 1; O. Reg. 345/05, s. 1.
(2) For the purposes of subsection (1),
“cash payment for a benefit” includes any payment made on termination of employment under sections 79 to 86;
“premium payment” includes any payment for overtime, travel time, shift premiums and management responsibility supplements. R.R.O. 1990, Reg. 977, s. 1 (2); O. Reg. 75/06, s. 1.
(3) Despite the definition of “part-time employee”,
(a) a civil servant who immediately before the coming into force of this subsection was working fewer hours per week than are prescribed by subsection 9 (1) and who was receiving benefits as if the civil servant was a full-time employee shall be deemed, for the purposes of this Regulation, to continue as a full-time employee so long as the civil servant occupies the same position; and
(b) a civil servant who occupies a position that by subsection 9 (1) is prescribed as being a position that requires more than 36¼ hours of work per week shall be deemed, for the purposes of this Regulation, to be a full-time employee if the civil servant normally works at least 36¼ hours per week. R.R.O. 1990, Reg. 977, s. 1 (3).
(4) Where a part-time employee has different hours of work, or days, prescribed as being the normal work week for different weeks, the regularly scheduled hours of work of the employee shall be the average number of such hours, or days, per week in four consecutive weeks. R.R.O. 1990, Reg. 977, s. 1 (4).
PART I
APPOINTMENTS AND ASSIGNMENTS
2. (1) Where the Commission authorizes a deputy minister to maintain lists of eligibles, the deputy minister may delegate in writing all or part of this authority to a person in his or her ministry who shall be a civil servant. R.R.O. 1990, Reg. 977, s. 2 (1).
(2) Only a person who meets the qualifications determined by the Commission for a position shall be added to the list of eligibles for the position. R.R.O. 1990, Reg. 977, s. 2 (2).
3. Where the qualifications of applicants for any position in the civil service are equal, preference shall be given to those who were honourably discharged or retired from active service in Her Majesty’s forces in respect of,
(a) the War of 1939 to 1945; or
(b) the Korean War, 1950-1953. R.R.O. 1990, Reg. 977, s. 3.
4. (1) Subject to subsection (2), the Commission may, upon the recommendation of the deputy minister, assign a civil servant from one position in his or her ministry to another position in his or her ministry. R.R.O. 1990, Reg. 977, s. 4 (1).
(2) Where the incumbent of a position is unable to act or where a position becomes vacant, the deputy minister may designate a civil servant in the ministry to exercise the powers and perform the duties of the position in an acting capacity. R.R.O. 1990, Reg. 977, s. 4 (2); O. Reg. 40/02, s. 2 (1).
(2.1) A term classified employee cannot be assigned to a position under subsection (1) or designated to exercise powers and perform duties under subsection (2) unless the terms of his or her appointment permit such an assignment or designation. O. Reg. 40/02, s. 2 (2).
(3) Where the deputy minister has designated a civil servant under subsection (2) and after five consecutive working days the incumbent is still unable to act or no permanent appointment has been made to the position, the civil servant filling the position shall be paid as if he or she were assigned to the position and the payment of acting pay shall be made retroactive to the first day of the acting appointment. R.R.O. 1990, Reg. 977, s. 4 (3).
(4) Subsection (3) does not apply where the incumbent is absent due to vacation leave of absence. R.R.O. 1990, Reg. 977, s. 4 (4).
5. (1) The Commission may assign a civil servant from a position in one ministry to a position in another ministry upon the recommendation of the deputy minister of the ministry to which the civil servant is assigned and the Commission shall determine whether or not the deputy minister of the ministry from which the civil servant is assigned concurs. R.R.O. 1990, Reg. 977, s. 5.
(2) A term classified employee cannot be assigned to a position under subsection (1) unless the terms of his or her appointment permit such an assignment. O. Reg. 40/02, s. 3.
6. (1) The unclassified service consists of employees who are employed under individual contracts in which the terms of employment are set out and is divided into,
(a) Group 1, consisting of employees who are employed,
(i) on a project of a non-recurring kind,
(ii) in a professional or other special capacity,
(iii) on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help,
(iv) for fewer than fourteen hours per week or fewer than nine full days in four consecutive weeks or on an irregular or on-call basis,
(v) during their regular school, college or university vacation period or under a co-operative educational training program;
(b) Group 2, consisting of employees who are employed on a project of a recurring kind,
(i) for fewer than twelve consecutive months and for fewer than,
(A) 36¼ hours per week where the position, if filled by a civil servant, would be classified as a position requiring 36¼ hours of work per week,
(B) 40 hours per week where the position, if filled by a civil servant, would be classified as a position requiring 40 hours of work per week,
(ii) for fewer than eight consecutive weeks per year where the contract of the employee provides that the employee is to work either 36¼ hours per week or 40 hours per week;
(c) Group 3 consisting of employees appointed on a seasonal basis for a period of at least eight consecutive weeks but less than twelve consecutive months to an annually recurring position where the contract provides that the employee is to work either 36¼ hours per week or 40 hours per week;
(d) Group 4, consisting of employees,
(i) who are appointed pursuant to section 8 of the Act, whether or not the duties performed by them are, or are similar to, duties performed by civil servants, and
(ii) who are not employees that belong to Group 1, 2 or 3. R.R.O. 1990, Reg. 977, s. 6 (1).
(2) No person who occupies a position in the classified service shall be employed in the unclassified service, except with the approval of the Commission. R.R.O. 1990, Reg. 977, s. 6 (2).
(3) No person employed in the unclassified service shall supervise the work of persons employed in the classified service, except with the approval of the Commission. R.R.O. 1990, Reg. 977, s. 6 (3).
(4) Nothing in any of the following provisions applies to an employee appointed to Group 1 of the unclassified service:
1. Part II (Conditions of Employment): sections 7 to 10 and 11 to 14.1.
2. Part III (Staff Development): section 17, subsection 18 (2) and sections 19 to 24.
3. Part V (Grievance Procedure): sections 30 to 43. O. Reg. 1/04, s. 2.
PART II
CONDITIONS OF EMPLOYMENT
7. (1) Each deputy minister shall ensure the registers are maintained in his or her ministry, in which shall be recorded the attendance and absences of each public servant in the ministry and the information contained in the registers shall be sufficient to substantiate,
(a) all payments of salary; and
(b) the accrual of all credits associated with the salary,
of each public servant in the ministry. R.R.O. 1990, Reg. 977, s. 7 (1).
(2) The deputy minister may exempt from the application of subsection (1) such public servants in his or her ministry for whose attendance records special provision has been made. R.R.O. 1990, Reg. 977, s. 7 (2).
(3) Each deputy minister shall supply the Commission with a monthly summary of all absences in his or her ministry in such form as is specified by the Commission from time to time. R.R.O. 1990, Reg. 977, s. 7 (3).
8. (1) In this section,
“short term sickness plan” means the plan described in section 60;
“teacher” means a teacher as defined in the Teaching Profession Act. R.R.O. 1990, Reg. 977, s. 8 (1).
(2) Upon appointment to the public service, a teacher is entitled to an attendance credit of nine days for each year of past teaching service up to but not exceeding forty-five days, but in no case shall the attendance credit exceed the sick leave credit accumulated by the teacher during his or her past teaching service. R.R.O. 1990, Reg. 977, s. 8 (2).
(3) Upon appointment to the civil service, a teacher who was employed in Group 1 of the unclassified service is entitled to an attendance credit of fifteen days for each year of past teaching service in Group 1 of the unclassified service, but there shall be deducted from the total of such attendance credits,
(a) any attendance credits used by the teacher while he or she was employed in Group 1 of the unclassified service; and
(b) any attendance credits in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the teacher is appointed in the classified service. R.R.O. 1990, Reg. 977, s. 8 (3).
(4) The attendance credits provided for in subsections (2) and (3) shall not be included in accumulated attendance credit for the purpose of computing the amount payable, when a person ceases to be a civil servant. R.R.O. 1990, Reg. 977, s. 8 (4).
9. (1) The hours of work per week which shall be performed by civil servants of the classifications set out,
(a) in Schedule 3, shall be 36¼ hours;
(b) in Schedule 4, shall be 40 hours;
(c) in Schedule 5, shall vary in accordance with the requirements of the position but shall not be less than 36¼ or greater than 40 hours; and
(d) in Schedule 6, shall vary in accordance with the requirements of the classification but shall not be less than 36¼ hours. R.R.O. 1990, Reg. 977, s. 9 (1).
(2) Where the duties of a civil servant require,
(a) that he or she work more than the number of hours per week prescribed under subsection (1) or (3) at regularly recurring times of the year; or
(b) that the number of hours per week be normally irregular,
the average weekly number of hours prescribed under subsection (1) or (3) shall be computed as a weekly average over one year. R.R.O. 1990, Reg. 977, s. 9 (2).
(3) Despite subsection (1), a deputy minister may,
(a) designate any position in his or her ministry in a classification set out in Schedule 3 or 4 as a position whose duties require fewer or more hours of work per week than are prescribed for the classification by subsection (1); or
(b) designate any position in his or her ministry in a classification set out in Schedule 5 or 6 as a position whose duties require fewer hours of work per week than are prescribed for the classification by subsection (1). R.R.O. 1990, Reg. 977, s. 9 (3).
(4) In designating a position under subsection (3) as a position whose duties require fewer hours per week than are prescribed by subsection (1), a deputy minister shall specify that the position requires at least,
(a) fourteen hours per week; or
(b) nine full days in four consecutive weeks. R.R.O. 1990, Reg. 977, s. 9 (4).
(5) The salary of a civil servant in a position designated by his or her deputy minister under subsection (3) shall be increased or reduced in the same proportion that the hours of work per week designated for the position by the deputy minister bear to the hours of work per week prescribed for the classification of the position by subsection (1). R.R.O. 1990, Reg. 977, s. 9 (5).
Management Compensation Option
10. (1) In this section,
“employee” means,
(a) a civil servant who is a member of the architectural, dental, engineering, medical or legal profession, who is entitled to practise his or her profession in Ontario, and who is employed in his or her profession by the Crown in a position in a class set out in Schedule 6, and
(b) a civil servant who is not described in clause (a) and who is in a position in a class set out in Schedule 6 that is neither a class for which a salary range is determined through collective bargaining under the Crown Employees Collective Bargaining Act, 1993 nor a class that is in the excluded category. R.R.O. 1990, Reg. 977, s. 10 (1); O. Reg. 168/96, s. 1.
(2) An employee is entitled to accumulate compensation option credits in each year for the portion of the year during which he or she is an employee at the rate of,
(a) 5/12 of one credit per month in the year, if the employee is a full-time employee, and
(b) that portion of 5/12 of one credit per month in the year that is equal to the portion that the employee’s regularly scheduled hours of work bear to full employment, if the employee is a part-time employee. R.R.O. 1990, Reg. 977, s. 10 (2).
(3) The compensation option credits that an employee is entitled to accumulate in a year under subsection (2) shall be credited to the employee on the 1st day of January in the year or on the day in the year when the employee first becomes an employee, whichever is later. R.R.O. 1990, Reg. 977, s. 10 (3).
(4) From the compensation option credits credited to an employee in a year in accordance with subsections (2) and (3) there shall be deducted, to a maximum of the credits credited to the employee in the year, credits at the rate set out in clause (2) (a) or (b), as the case requires, for,
(a) each whole month in the year throughout which the employee is on leave of absence without pay;
(b) each whole month in the year throughout which the employee receives benefits under the Long Term Income Protection Plan;
(c) each whole month in the year throughout which the employee receives benefits under an award made under the Workplace Safety and Insurance Act, 1997, if that month is after the first six months for which the employee received benefits under that award, and if the employee is not receiving payment for accumulated attendance credits or accumulated vacation credits in that month;
(d) each whole month in the year after the month in which the employee ceases to be an employee;
(e) each whole month in the year throughout which the employee is on leave of absence with pay under subsection 87 (3) or (6), and for the month in the year, if less than a whole month, in which the leave of absence with pay ends; and
(f) any month wholly comprised of consecutive periods of less than a month for which credit would be deducted under clauses (a) to (e) if the periods were whole months. R.R.O. 1990, Reg. 977, s. 10 (4); O. Reg. 399/01, s. 1.
(5) With the approval of the employee’s deputy minister, an employee may take leave of absence with pay in respect of some or all of the employee’s accumulated compensation option credits at the rate of one day of leave of absence with pay for each compensation option credit to which the employee is entitled, and the employee’s accumulated compensation option credits shall be reduced by the leave of absence with pay taken. R.R.O. 1990, Reg. 977, s. 10 (5).
(6) If, after making any deduction required by subsection (4) or (5), an employee’s accumulated compensation option credits at the end of a year exceed twenty, the excess shall be deducted from the employee’s accumulated compensation option credits before compensation option credits for the next year are credited to the employee. R.R.O. 1990, Reg. 977, s. 10 (6).
(7) Each day or part thereof by which a leave of absence with pay taken by a person under subsection (5) exceeds the person’s accumulated compensation option credits after making any deduction required by subsection (4) or (6) shall be deducted from the person’s vacation credits, and the person shall repay to the Crown the salary paid to him or her for any day or part thereof of the leave of absence with pay that cannot be so deducted. R.R.O. 1990, Reg. 977, s. 10 (7).
(8) Any amount to be repaid under subsection (7) may be deducted from any payment the person is entitled to receive from the Crown in respect of salary or termination of employment or otherwise. R.R.O. 1990, Reg. 977, s. 10 (8).
(9) An employee is not entitled to be paid for any accumulated compensation option credits to which the employee remains entitled when the employee ceases to be an employee or when the employee commences a leave of absence with pay under subsection 87 (3) or (6). R.R.O. 1990, Reg. 977, s. 10 (9).
10.1 Sections 10.2 to 10.11 apply with respect to every person who is appointed to a position in the public service. O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 1 (1); O. Reg. 136/02, s. 1.
10.2 (1) Revoked: O. Reg. 1/04, s. 3.
(2) For the purposes of sections 10.6 to 10.11, an employee is considered to be on call when the employee keeps himself or herself reasonably available for recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period. O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 2 (3, 4).
(3) For the purposes of sections 10.6 to 10.11, an employee’s regular work period, regularly scheduled work day and regularly scheduled work week are to be determined without reference to a period in which there is an emergency, a strike or a lock-out (whether or not the strike or lock-out is lawful). O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 2 (5, 6).
10.3 (1) If overtime credit under sections 10.6 to 10.11 is to be calculated at time-and-a-half, the employee receives 45 minutes credit for each half-hour of the applicable work. O. Reg. 136/02, s. 3 (2).
(1.1) Revoked: O. Reg. 136/02, s. 3 (2).
(2) If overtime credit is to be calculated at straight time, the employee receives one half-hour of credit for each half-hour of the applicable work. O. Reg. 121/99, s. 1.
(3) For the purposes of calculating an employee’s overtime credit, the period of applicable work is to be rounded to the nearest half-hour. A period of 15 minutes’ work is to be rounded to a half-hour. O. Reg. 121/99, s. 1.
(4) The rounding rule set out in subsection (3) does not apply with respect to the first half-hour of the period of applicable work. O. Reg. 121/99, s. 1.
10.4 (1) A lump sum payment to an employee for overtime credit under sections 10.6 to 10.11 is to be calculated using the employee’s salary that was in effect when he or she earned the credit. O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 4 (1, 2).
(2) The regular work week of a Schedule 6 employee shall be deemed to be 36¼ hours, for the purpose of calculating the hourly salary rate to be used to determine the amount of a lump sum payment to the employee. O. Reg. 121/99, s. 1.
10.5 (1) An employee who is entitled to receive compensation under section 10.9 or 10.9.1 (overtime during an emergency) is not entitled to receive compensation under any other section for the same period of work. O. Reg. 160/03, s. 1.
(2) An employee who is entitled to receive compensation under section 10.8 (overtime during geological field operations) for work in the field is not entitled to receive compensation under section 10.6, 10.7, 10.10 or 10.11 for the same period of work. O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 5 (1, 2).
(3) An employee who is entitled to receive compensation under section 10.10 or 10.11 (overtime during a strike or lock-out) is not entitled to receive compensation under section 10.6 or 10.7 for the same period of work. O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 5 (3, 4).
10.6 (1) The Schedule 3, 4 and 5 employees described in subsection (3) are entitled to compensation when they work overtime,
(a) as described in subsection (4) for full-time employees; and
(b) as described in subsection (5) for part-time employees. O. Reg. 121/99, s. 1.
(2) The amount and form of compensation are determined under this section. O. Reg. 121/99, s. 1.
(3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan. O. Reg. 121/99, s. 1.
(4) For the purposes of this section, a full-time employee is considered to be working overtime in either of the following circumstances:
1. When the employee, with the authorization of his or her supervisor, works more than his or her regular working period on a day that is a regularly scheduled work day for the employee.
2. When the employee, with the authorization of his or her supervisor, works on a day that is not a regularly scheduled work day for the employee. O. Reg. 121/99, s. 1.
(5) For the purposes of this section, a part-time employee is considered to be working overtime in either of the following circumstances:
1. When, on a regularly scheduled work day for the employee, he or she works more than the following, with the authorization of his or her supervisor:
i. Seven and one-quarter hours, in the case of a Schedule 3 employee whose regularly scheduled work day is 7¼ hours long or less.
ii. Eight hours, in the case of a Schedule 4 or 5 employee whose regularly scheduled work day is eight hours long or less.
iii. More than the length of his or her regularly scheduled work day, in the case of an employee whose regularly scheduled work day is longer than 7¼ or 8 hours, whichever applies.
2. When the employee, with the authorization of his or her supervisor, works at least one-half hour on a day that is not a regularly scheduled work day for the employee. O. Reg. 121/99, s. 1.
(6) Work on a holiday listed in subsection 58 (1) is not considered to be overtime work for the purposes of this section. O. Reg. 121/99, s. 1.
(7) An employee is not considered to be working overtime when the employee is on call, on stand-by or travelling. O. Reg. 121/99, s. 1.
(8) A Schedule 3 employee described in subsection (3) receives overtime credit calculated at time-and-a-half for the following work:
1. If the employee is a full-time employee who works overtime on a regularly scheduled work day and if the employee’s total hours for the week in which he or she works overtime exceed 36¼ hours, the employee is entitled to overtime credit for the time that he or she works in excess of 36¼ hours during that week.
2. If the employee is a part-time employee who works overtime on a regularly scheduled work day, the employee is entitled to overtime credit for the overtime work on that day.
3. If the employee works overtime on a day that is not a regularly scheduled work day, the employee is entitled to overtime credit for the time that he or she works on that day.
4. If the employee is called into work before the start of his or her next regularly scheduled work period, the employee is entitled to overtime credit for the time that he or she works before that regularly scheduled work period. If the employee works fewer than four hours, he or she shall be deemed to have worked four hours for the purposes of calculating his or her overtime credit.
5. Despite paragraphs 1 to 4, the employee is not entitled to overtime credit for hours worked without the authorization of his or her supervisor. O. Reg. 121/99, s. 1.
(9) A Schedule 4 or 5 employee described in subsection (3) receives overtime credit calculated at time-and-a-half for the following work:
1. If the employee is a full-time employee who works overtime on a regularly scheduled work day and if the employee’s total hours for the week in which he or she works overtime exceed 40 hours, the employee is entitled to overtime credit for the time that he or she works in excess of 40 hours during that week.
2. If the employee is a part-time employee who works overtime on a regularly-scheduled work day, the employee is entitled to overtime credit for the overtime work on that day.
3. If the employee works overtime on a day that is not a regularly scheduled work day, the employee is entitled to overtime credit for the time that he or she works on that day.
4. If the employee is called into work before the start of his or her next regularly scheduled work period, the employee is entitled to overtime credit for the time that he or she works before that regularly scheduled work period. If the employee works fewer than four hours, he or she shall be deemed to have worked four hours for the purposes of calculating his or her overtime credit.
5. Despite paragraphs 1 to 4, the employee is not entitled to overtime credit for hours worked without the authorization of his or her supervisor. O. Reg. 121/99, s. 1.
(10) A Schedule 3 or 4 employee (other than an employee described in subsection (11)) and a Schedule 5 employee shall be compensated as follows for the overtime credit he or she receives under this section:
1. The employee is entitled to take compensating leave equal to the amount of his or her overtime credit.
2. However, if the employee and his or her supervisor agree, the employee shall instead be paid a lump sum for all or part of his or her overtime credit.
3. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee earns the overtime credit.
4. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit.
5. Compensating leave may be taken at any time within that period that the employee and his or her supervisor agree upon.
6. If the employee and the supervisor do not agree upon the time when the compensating leave is to be taken, the deputy minister may decide when, within that period, the employee may take the leave. O. Reg. 121/99, s. 1.
(11) A Schedule 3 or 4 employee who is employed in a class of position that is also included in Schedule 7 shall be compensated as follows for the overtime credit he or she receives under this section:
1. The employee is entitled to be paid for his or her overtime credit.
2. However, if the employee and his or her supervisor agree, the employee shall instead be entitled to take compensating leave for all or part of his or her overtime credit.
3. Payment is to be made within two months after the pay period in which the employee works the overtime. O. Reg. 121/99, s. 1.
10.7 (1) The Schedule 6 employees described in subsection (3) are entitled to compensation when they work overtime as described in subsection (4). O. Reg. 121/99, s. 1.
(2) The amount and form of compensation are determined under this section. O. Reg. 121/99, s. 1.
(3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and if the title of the class indicates that the position is “excluded”. However, employees in the Crown Counsel 1, 2, 3 or 4 (Excluded) classes are not entitled to compensation. O. Reg. 121/99, s. 1.
(4) For the purposes of this section, an employee is considered to be working overtime when the employee, with the authorization of his or her supervisor,
(a) works on a day that is not a regularly scheduled work day for the employee; or
(b) works more than 36¼ hours in a week. O. Reg. 1/04, s. 4 (1).
(5) Work on a holiday listed in subsection 58 (1) is not considered to be overtime work for the purposes of this section. O. Reg. 121/99, s. 1.
(6) An employee is not considered to be working overtime when the employee is on call, on stand-by or travelling. O. Reg. 121/99, s. 1.
(7) An employee described in subsection (3) receives overtime credit calculated at the following rate for his or her overtime work:
1. If the employee works overtime on a day that is not his or her regularly scheduled work day, overtime credit is calculated at one and one-half time for each hour of overtime that he or she works on that day.
2. If, during a week, the employee works more than 36¼ hours but less than 44 hours on his or her regularly scheduled work days, overtime credit is calculated at straight time for each hour of overtime work performed on a regularly scheduled work day during that week.
3. If, during a week, the employee works 44 hours or more on his or her regularly scheduled work days, overtime credit is calculated at,
i. straight time for each hour of overtime work performed on a regularly scheduled work day during that week, for the hours of work between 36¼ hours and 44 hours on regularly scheduled work days, and
ii. one and one-half time for each hour in excess of 44 hours worked on regularly scheduled work days during that week. O. Reg. 626/05, s. 1.
(7.1) Subsection (7) applies with respect to overtime worked on and after August 15, 2005. O. Reg. 626/05, s. 1.
(8) An employee shall be compensated as follows for the overtime credit he or she receives under this section:
1. The employee is entitled to take compensating leave equal to the amount of his or her overtime credit.
2. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee earns the overtime credit.
3. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit. O. Reg. 121/99, s. 1.
Overtime During Geological Field Operations
10.8 (1) This section applies in the case of geological field operations. O. Reg. 121/99, s. 1.
(2) The employees described in subsection (4) are entitled to compensation when they work overtime as described in subsection (6). O. Reg. 121/99, s. 1.
(3) The amount and form of compensation are determined under this section. O. Reg. 121/99, s. 1.
(4) Subject to subsection (5), employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and the class falls within the Management Compensation Plan. O. Reg. 121/99, s. 1.
(5) Employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association. O. Reg. 121/99, s. 1.
(6) For the purposes of this section, an employee is considered to be working overtime during geological field operations,
(a) if he or she spends more than 30 days in the field during a year; and
(b) if he or she spent more than 30 days in the field during the previous year. O. Reg. 121/99, s. 1.
(7) Subject to subsections (8) and (9), an employee who is entitled to compensation under this section receives overtime credit calculated at straight time for the following work in the field:
1. For his or her work in excess of 7¼ hours on a regularly scheduled work day.
2. For his or her work on a day that is not a regularly scheduled work day. O. Reg. 121/99, s. 1.
(8) An employee is not entitled to overtime credit under this section for time spent on call, on stand-by or travelling. O. Reg. 121/99, s. 1.
(9) An employee is not entitled to overtime credit under this section of more than 145 hours in a year. O. Reg. 121/99, s. 1.
(10) The employee shall be compensated as follows for the overtime credit he or she receives under this section:
1. If the employee has the authorization of his or her supervisor, the employee may take compensating leave equal to the amount of his or her overtime credit.
2. If the employee does not take compensating leave for all or part of the overtime credit, the employee shall be paid a lump sum for the remaining overtime credit. O. Reg. 121/99, s. 1.
10.9 (1) This section applies,
(a) in case of a forest fire emergency; and
(b) in case of any other emergency that Management Board of Cabinet declares to be an emergency requiring extraordinary measures to protect public health, public safety or property. O. Reg. 121/99, s. 1.
(2) The full-time employees described in subsection (4) are entitled to compensation when they work overtime as described in subsection (6). O. Reg. 121/99, s. 1.
(3) The amount and form of compensation are determined under this section. O. Reg. 121/99, s. 1.
(4) Subject to subsection (5), full-time employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and the class falls within the Management Compensation Plan. O. Reg. 121/99, s. 1.
(5) Employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association. O. Reg. 121/99, s. 1.
(6) For the purposes of this section, a full-time employee is considered to be working overtime as a result of, and during, an emergency when he or she works more than eight hours in a 24-hour period or works on a scheduled day off. O. Reg. 160/03, s. 2 (1).
(7) An employee is not considered to be working overtime when the employee is,
(a) on call;
(b) on stand-by; or
(c) travelling to his or her normal place of work or to his or her headquarters. O. Reg. 121/99, s. 1.
(8) If the employee’s supervisor authorizes an employee to work overtime as a result of, and during, the emergency, the employee is entitled to receive overtime credit calculated at time-and-a-half for the authorized overtime that the employee works. O. Reg. 160/03, s. 2 (2).
(9) The employee shall be compensated as follows for the overtime credit he or she receives under this section:
1. The employee is entitled to take compensating leave equal to the amount of his or her overtime credit.
2. However, if the employee and his or her supervisor agree, the employee shall instead be paid a lump sum for all or part of his or her overtime credit.
3. If the employee frequently works overtime during a period of three months or more, the employee shall instead be paid a lump sum for that portion of his or her overtime credit that is specified by his or her supervisor. The payment is to be made at the end of each three-month period of overtime work.
4. Compensating leave must be taken within one of the following periods, to be chosen by the employee’s supervisor:
i. Within one year after the emergency begins.
ii. Within the fiscal year in which the employee earns the overtime credit.
5. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit. O. Reg. 121/99, s. 1.
Overtime and the SARS Emergency
10.9.1 (1) This section applies, and section 10.9 does not apply, if Management Board of Cabinet declares an emergency relating to severe acute respiratory syndrome to be an emergency requiring extraordinary measures to protect public health, public safety or property. O. Reg. 160/03, s. 3.
(2) The following full-time employees are entitled to compensation under this section when they work overtime as described in subsection (4) as a result of, and during, the SARS emergency:
1. Those employed in a class of position set out in Schedule 6 that falls within the Management Compensation Plan, but not those employed in a position listed in Schedule 8.
2. Those employed in the Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XCMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes.
3. Those employed in the Information Technology Executive ITX1 or 2 classes. O. Reg. 160/03, s. 3.
(3) The amount and form of compensation are determined under this section. O. Reg. 160/03, s. 3.
(4) Subsections 10.9 (6) and (7) apply for the purpose of determining whether an employee is working overtime. O. Reg. 160/03, s. 3.
(5) If the employee’s supervisor authorizes an employee to work overtime as a result of, and during, during the SARS emergency, the employee is entitled to receive overtime credit calculated at time-and-a-half for the authorized overtime that the employee works. O. Reg. 160/03, s. 3.
(6) Subsection 10.9 (9) applies for the purpose of determining the compensation to which an employee is entitled for overtime credit he or she receives under this section. O. Reg. 160/03, s. 3.
(7) In this section,
“SARS emergency” means an emergency declared by Management Board of Cabinet as described in subsection (1) relating to severe acute respiratory syndrome. O. Reg. 160/03, s. 3.
Overtime During a Strike or Lock-out
10.10 (1) The Schedule 3, 4 and 5 employees described in subsection 10.6 (3) are entitled to compensation when they work overtime as described in subsection 10.6 (4) or (5) during a strike by, or lock-out of, employees employed in the Ontario Public Service, whether or not the strike or lock-out is lawful. O. Reg. 121/99, s. 1.
(1.1) Employees are entitled to compensation under this section for overtime work done on or after January 1, 1999. O. Reg. 123/99, s. 1.
(2) Subject to subsection (3), the amount and form of compensation are determined under section 10.6. O. Reg. 121/99, s. 1.
(3) An employee is not entitled to overtime credit for his or her regular working period during a regularly scheduled work day. O. Reg. 121/99, s. 1.
10.11 (1) The Schedule 6 employees described in subsection (3) are entitled to compensation when they work overtime as described in subsection (5) during a strike by, or lock-out of, employees employed in the Ontario Public Service, whether or not the strike or lock-out is lawful. O. Reg. 121/99, s. 1.
(1.1) Employees are entitled to compensation under this section for overtime work done,
(a) on or after January 1, 1999, in the case of employees described in paragraph 1 or 2 of subsection (3);
(b) on or after January 1, 2002, in the case of employees described in paragraph 1.1 of subsection (3); and
(c) on or after January 1, 2002, in the case of employees described in paragraph 2 of subsection (3) who are represented by the Commissioned Officers’ Association. O. Reg. 41/02, s. 1 (1); O. Reg. 204/02, s. 1 (1).
(2) The amount and form of compensation are determined under this section. O. Reg. 121/99, s. 1.
(3) The following employees are entitled to compensation under this section:
1. Those employed in the Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XSMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes.
1.1 Those employed in the Information Technology Executive ITX 1 or 2 classes.
2. Those employed in a class of position set out in Schedule 6 if the class falls within the Management Compensation Plan, but not those described in subsection (4). O. Reg. 121/99, s. 1; O. Reg. 41/02, s. 1 (2).
(4) Employees are not entitled to compensation under this section,
(a) if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service or the Ontario Crown Attorneys’ Association; or
(b) if they are employed in a position listed in Schedule 8 to this Regulation. O. Reg. 136/02, s. 6; O. Reg. 204/02, s. 1 (2).
(5) For the purposes of this section, a full-time or part-time employee is considered to be working overtime during a strike or lock-out when he or she works 44 hours or more during a week with his or her supervisor’s authorization. O. Reg. 121/99, s. 1.
(6) An employee is not considered to be working overtime when the employee is,
(a) on call;
(b) on stand-by; or
(c) travelling to his or her normal place of work or to his or her headquarters. O. Reg. 121/99, s. 1.
(7) If the employee’s supervisor authorizes the employee to work overtime during the strike or lock-out, the employee is entitled to receive overtime credit calculated at time-and-a-half for his or her work in excess of 36¼ hours during the week. However, the employee is not entitled to overtime credit for any hours worked without his or her supervisor’s authorization. O. Reg. 121/99, s. 1.
(8) For the purposes of subsections (5) and (7), a week begins on Monday. O. Reg. 121/99, s. 1.
(9) The employee shall be compensated as follows for the overtime credit he or she receives under this section:
1. The employee is entitled to be paid a lump sum for his or her overtime credit.
2. However, if the employee and his or her supervisor agree, the employee shall instead be entitled to take compensating leave for all or part of his or her overtime credit.
3. Compensating leave must be taken within one of the following periods, to be chosen by the employee’s supervisor:
i. Within one year after the strike or lock-out begins.
ii. Within the fiscal year in which the employee earns the overtime credit.
4. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit. O. Reg. 121/99, s. 1.
10.11.1 Revoked: O. Reg. 136/02, s. 7 (2).
10.11.2 Revoked: O. Reg. 136/02, s. 7 (2).
10.11.3 Revoked: O. Reg. 136/02, s. 7 (2).
10.11.4 Revoked: O. Reg. 136/02, s. 7 (2).
Compensation in Other Circumstances
10.12 (1) Sections 10.14 to 10.17, 10.19 and 10.20 apply with respect to every person who is appointed to a position in the public service, except as otherwise provided in those sections. O. Reg. 229/00, s. 1.
(2) Section 10.18 applies with respect to every civil servant, except as otherwise provided in that section. O. Reg. 229/00, s. 1.
(3) Sections 10.14 to 10.19 apply with respect to work activities on or after April 14, 2000. O. Reg. 229/00, s. 1.
(4) Section 10.20 applies with respect to work activities on or after March 27, 1999. O. Reg. 229/00, s. 1.
10.13 (1) Revoked: O. Reg. 1/04, s. 5.
(2) In sections 10.14 to 10.20, an employee’s basic hourly rate is the basic hourly rate that is in effect during the period when the employee performs the work, without regard to any premium or other amount that may be payable under those sections. O. Reg. 229/00, s. 1.
10.14 (1) An employee described in subsection (3) is entitled to holiday pay under this section if he or she is required by his or her supervisor to work on a holiday listed in subsection 58 (1). O. Reg. 229/00, s. 1.
(2) An employee who is entitled to holiday pay under this section is not entitled to compensation under subsection 58 (4) or 90 (3) in respect of the same period of work. O. Reg. 229/00, s. 1.
(3) Employees are entitled to holiday pay under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan. O. Reg. 229/00, s. 1.
(4) For the purposes of this section, if an employee’s period of work begins on one day and ends on another, his or her period of work shall be deemed to fall entirely within the day on which it begins. O. Reg. 229/00, s. 1.
(5) The following holiday pay is payable to a full-time employee for his or her work on a holiday:
1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday. The employee is entitled to be paid for a minimum of,
i. seven and one-quarter hours, in the case of a Schedule 3 employee whose regularly scheduled work day is 7¼ hours long,
ii. eight hours, in the case of a Schedule 4 or 5 employee whose regularly scheduled work day is eight hours long, or
iii. the number of hours the employee is regularly scheduled to work on that day of the week, for an employee whose regularly scheduled work day is not described in subparagraph i or ii.
2. One of the following, to be chosen by the employee:
i. Pay at the employee’s basic hourly rate for the hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies.
ii. Compensating leave equal to the number of hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies. However, the employee is not entitled to take compensating leave unless he or she notifies his or her supervisor before the holiday that he or she chooses this form of compensation for working on the holiday. O. Reg. 229/00, s. 1.
(6) The following rules apply with respect to the compensating leave:
1. It must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it.
2. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining period.
3. Compensating leave may be taken at any time within that period that the employee and his or her supervisor agree upon.
4. If the employee and the supervisor do not agree upon the time when the compensating leave is to be taken, the deputy minister may decide when, within that period, the employee may take the leave. O. Reg. 229/00, s. 1.
(7) The following holiday pay is payable to a part-time employee for his or her work on a holiday:
1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday. The employee is entitled to be paid for a minimum of the number of hours in his or her regularly scheduled working day.
2. Pay at the employee’s basic hourly rate for the hours he or she is regularly scheduled to work, up to a maximum of the number of hours described in subparagraph 1 i or ii of subsection (5), whichever applies. O. Reg. 229/00, s. 1.
Holiday Pay During a Strike or Lock-out
10.14.1 (1) A Schedule 6 employee described in subsection (4) is entitled to holiday pay under this section if he or she is required by his or her supervisor to work on a holiday listed in subsection 58 (1) and the holiday occurs during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful. O. Reg. 136/02, s. 8.
(2) Employees are entitled to holiday pay under this section for holidays on or after January 1, 2002. O. Reg. 136/02, s. 8.
(3) An employee who is entitled to holiday pay under this section is not entitled to compensation under subsection 58 (4) or 90 (3) in respect of the same period of work. O. Reg. 136/02, s. 8.
(4) Employees are entitled to holiday pay under this section if they are employed in any of the following classes:
1. The Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XSMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes.
2. The Information Technology Executive ITX 1 or 2 classes.
3. Those employed in a class of position set out in Schedule 6 if the class falls within the Management Compensation Plan, but not those described in subsection (5). O. Reg. 136/02, s. 8.
(5) Employees are not entitled to compensation under this section,
(a) if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service or the Ontario Crown Attorneys’ Association; or
(b) if they are employed in a position listed in Schedule 8. O. Reg. 136/02, s. 8; O. Reg. 204/02, s. 2.
(6) For the purposes of this section, if an employee’s period of work begins on one day and ends on another, his or her period of work shall be deemed to fall entirely within the day on which it begins. O. Reg. 136/02, s. 8.
(7) The following holiday pay is payable to a full-time employee for his or her work on a holiday:
1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday. The employee is entitled to be paid for a minimum of,
i. seven and one-quarter hours, in the case of an employee whose regularly scheduled work day is seven and one-quarter hours long,
ii. eight hours, in the case of an employee whose regularly scheduled work day is eight hours long, or
iii. the number of hours the employee is regularly scheduled to work on that day of the week, for an employee whose regularly scheduled work day is not described in subparagraph i or ii.
2. One of the following, to be chosen by the employee:
i. Pay at the employee’s basic hourly rate for the hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies.
ii. Compensating leave equal to the number of hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies. O. Reg. 136/02, s. 8.
(8) The following rules apply with respect to the compensating leave:
1. It must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it.
2. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining period.
3. Compensating leave may be taken at any time within that period that the employee and his or her supervisor agree upon.
4. If the employee and the supervisor do not agree upon the time when the compensating leave is to be taken, the deputy minister may decide when, within that period, the employee may take the leave. O. Reg. 136/02, s. 8.
(9) The following holiday pay is payable to a part-time employee for his or her work on a holiday:
1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday. The employee is entitled to be paid for a minimum of the number of hours in his or her regularly scheduled working day.
2. Pay at the employee’s basic hourly rate for the hours he or she is regularly scheduled to work, up to a maximum of the number of hours described in subparagraph 1 i or ii of subsection (7), whichever applies. O. Reg. 136/02, s. 8.
10.15 (1) An employee described in subsection (3) is entitled to be paid one dollar per hour when he or she is on call. O. Reg. 229/00, s. 1.
(2) For the purposes of this section, an employee is considered to be on call when the employee keeps himself or herself reasonably available for recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period. O. Reg. 229/00, s. 1.
(3) Employees are entitled to compensation under this section,
(a) if they are employed in a class of position set out in Schedule 5 and the class falls within the Management Compensation Plan; or
(b) if they are employed in a class of position set out in Schedule 3, 4 or 6 and the title of the class indicates that the position is “excluded”. O. Reg. 229/00, s. 1.
(4) Despite subsection (3), employees in the Crown Counsel 1, 2, 3, or 4 (Excluded) classes are not entitled to compensation under this section. O. Reg. 229/00, s. 1.
10.16 (1) An employee described in subsection (3) is entitled to compensation under this section when he or she is on stand-by. O. Reg. 229/00, s. 1.
(2) For the purposes of this section, an employee is considered to be on stand-by when the employee keeps himself or herself available for immediate recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period. O. Reg. 229/00, s. 1.
(3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan. O. Reg. 229/00, s. 1.
(4) A full-time employee who is required to be on stand-by for a period that does not exceed his or her regularly scheduled work day is entitled to be paid for four hours at his or her basic hourly rate. O. Reg. 229/00, s. 1.
(5) A full-time employee who is required to be on stand-by for a period longer than his or her regularly scheduled work day is entitled to be paid at the rate of one-half of his or her basic hourly rate for every hour of stand-by (calculated to the nearest half-hour). O. Reg. 229/00, s. 1.
(6) A part-time employee who is required to be on stand-by is entitled to be paid at the rate of one-half of his or her basic hourly rate for every hour of stand-by (calculated to the nearest half-hour). O. Reg. 229/00, s. 1.
Pay for Stand-By Duty During a Strike or Lock-out
10.16.1 (1) An employee described in subsection (3) is entitled to compensation under this section when he or she is on stand-by during a strike by persons employed in the Ontario Public Service or a lock-out of such persons, whether or not the strike or lock-out is lawful. O. Reg. 41/02, s. 2.
(2) Employees are entitled to compensation under this section when they are on stand-by on or after January 1, 2002. O. Reg. 41/02, s. 2.
(3) For the purposes of this section, an employee is considered to be on stand-by when the employee keeps himself or herself available for immediate recall to work during a period (authorized by his or her supervisor) that is not his or her regularly-scheduled work period. O. Reg. 41/02, s. 2.
(4) Employees are entitled to compensation under this section if they are employed in any of the following classes:
1. Those employed in the Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XSMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes.
2. Those employed in the Information Technology Executive ITX 1 or 2 classes.
3. Those employed in a class of position set out in Schedule 6 if the class falls within the Management Compensation Plan, but not those described in subsection (5). O. Reg. 41/02, s. 2.
(5) Employees are not entitled to compensation under this section,
(a) if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association; or
(b) if they are employed in a position listed in Schedule 8 to this Regulation. O. Reg. 136/02, s. 9.
(6) The amount and form of compensation are determined under subsections 10.16 (4), (5) and (6). O. Reg. 41/02, s. 2.
10.17 (1) An employee described in subsection (2) is entitled to compensation under this section for his or her travel time in the circumstances described in subsection (3). O. Reg. 229/00, s. 1.
(2) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan. O. Reg. 229/00, s. 1.
(3) Compensation is payable for an employee’s travel time,
(a) if he or she is travelling for an employment-related purpose authorized by his or her supervisor, but not travelling to reach his or her normal place of work or his or her headquarters; and
(b) if he or she is travelling by a means that has been authorized in writing by his or her supervisor. O. Reg. 229/00, s. 1.
(4) If the employee travels by car or by public transit, and if the employee travels to the destination directly, compensation is payable for the following periods of travel time (calculated to the nearest half-hour):
1. From the employee’s authorized time of departure from his or her normal place of work, headquarters or home, as the case may be, until the time he or she arrives at the destination.
2. From the employee’s authorized time of departure from the destination until the time he or she arrives at his or her normal place of work, headquarters or home, as the case may be. O. Reg. 229/00, s. 1.
(5) If the employee travels by a public carrier other than public transit, compensation is payable for the following periods of travel time (calculated to the nearest half-hour):
1. From one hour before the scheduled time of departure by the carrier until one hour after the carrier arrives at the destination. O. Reg. 229/00, s. 1.
(6) Despite subsections (4) and (5), if the employee travels on a holiday listed in subsection 58 (1) or on a day that is not a regularly scheduled work day for the employee, compensation for a minimum of four hours is payable under this section for his or her travel time on that day. O. Reg. 229/00, s. 1.
(7) Despite subsection (6), if the employee’s means of travel includes sleeping accommodation for him or her, the employee is not entitled to compensation for his or her travel time between 11 p.m. and the time that he or she regularly begins work. O. Reg. 229/00, s. 1.
(8) The employee shall be compensated as follows for the travel time described in subsections (4) to (6):
1. He or she is entitled to be paid at his or her basic hourly rate for the travel time.
2. However, if the employee and his or her supervisor agree, the employee may take compensating leave equal to the amount of the travel time.
3. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it.
4. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining travel time. O. Reg. 229/00, s. 1.
10.18 (1) An employee described in subsection (2) is entitled to isolation pay under this section if he or she is stationed at a work location on or north of the boundary line formed by,
(a) the border between Ontario and the State of Minnesota;
(b) thence easterly along the northern shore of Lake Superior and Lake Huron (including the islands in Ontario in those lakes) to the French River;
(c) thence along the French River to Lake Nipissing;
(d) thence easterly along the northern shore of Lake Nipissing to Highway 17; and
(e) thence easterly along Highway 17 to Mattawa. O. Reg. 229/00, s. 1.
(2) Employees are entitled to isolation pay under this section if they are civil servants employed in a class of position that falls within the Management Compensation Plan. However, employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association. O. Reg. 229/00, s. 1.
(3) A full-time employee is entitled to be paid the amount set out in the Table to this subsection, based upon the total number of points assigned to him or her under subsections (5) and (6).
Table
(subsection 10.18 (3))
|
Item |
Column 1 |
Column 2 |
|
|
Number of points |
Isolation pay per week |
|
1. |
7 or fewer |
Nil |
|
2. |
8 |
$3.45 |
|
3. |
9 to 12 |
5.18 |
|
4. |
13 to 16 |
6.90 |
|
5. |
17 to 20 |
8.63 |
|
6. |
21 to 24 |
10.35 |
|
7. |
25 to 28 |
12.08 |
|
8. |
29 to 32 |
13.80 |
|
9. |
33 to 36 |
15.53 |
|
10. |
37 to 40 |
17.25 |
|
11. |
41 to 44 |
18.98 |
|
12. |
45 or more |
20.70 |
O. Reg. 229/00, s. 1.
(4) A part-time employee is entitled to be paid the amount calculated using the formula,
A/B × C
in which,
“A” is the number of regularly scheduled hours that the part-time employee works in a week,
“B” is the number of regularly scheduled hours that a full-time employee in the same circumstances works in a week, and
“C” is the amount determined under subsection (3) to be payable to a full-time employee in the same circumstances.
O. Reg. 229/00, s. 1.
(5) An employee is assigned the number of points set out in the Table to this subsection, based upon the population of the largest centre of population that is located within 80 kilometres of the employee’s work location.
Table
(subsection 10.18 (5))
|
Item |
Column 1 |
Column 2 |
|
|
Population |
Number of points |
|
1. |
249 or less |
14 |
|
2. |
250 to 499 |
12 |
|
3. |
500 to 999 |
10 |
|
4. |
1000 to 1999 |
8 |
|
5. |
2000 to 2999 |
6 |
|
6. |
3000 to 3999 |
4 |
|
7. |
4000 to 4999 |
2 |
|
8. |
5000 or more |
0 |
O. Reg. 229/00, s. 1.
(6) An employee is assigned the number of points set out in the Table to this subsection, based upon the distance of the employee’s work location to the nearest centre with a population of 5,000 or more and the means of travel available to the employee to reach that population centre.
Table
(subsection 10.18 (6))
|
Item |
Column 1 |
Column 2 |
Column 3 |
|
|
Distance to population centre (in km) |
If travel by road to the population centre is reasonable |
If travel by road is not reasonable |
|
1. |
80 or less |
0 |
0 |
|
2. |
More than 80 to and including 160 |
6 |
9 |
|
3. |
More than 160 to and including 320 |
12 |
17 |
|
4. |
More than 320 to and including 480 |
18 |
26 |
|
5. |
More than 480 |
24 |
34 |
O. Reg. 229/00, s. 1.
(7) In this section,
“work location” means, with respect to an employee, the working place at which the employee is usually stationed or, if the employee is not usually stationed at a particular working place, the working place designated by his or her deputy minister. O. Reg. 229/00, s. 1.
10.19 (1) An employee described in subsection (4) is entitled to be paid a shift premium under this section when he or she works in the circumstances described in subsection (5). O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (1).
(2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (5) is not entitled to be paid a shift premium for the same period of work. O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (2).
(3) The amount and form of compensation are determined under this section. O. Reg. 229/00, s. 1.
(4) Employees are entitled to a shift premium under this section if they are employed in a class of position that falls within the Management Compensation Plan. O. Reg. 229/00, s. 1.
(5) An employee is entitled to be paid a shift premium of 78 cents per hour,
(a) for the time that he or she works between 5 p.m. and 7 a.m.; or
(b) if more than half of the time that he or she works on a shift falls between 5 p.m. and 7 a.m., for the time that he or she works on the shift. O. Reg. 1/04, s. 6 (3).
(6) Employees are entitled to be paid a shift premium at the rate specified under subsection (5) for work performed on and after January 1, 2002. O. Reg. 1/04, s. 6 (3).
(7) Despite subsection (5), an employee is not entitled to be paid a shift premium in the following circumstances:
1. The employee usually works during the day and he or she is required to work beyond his or her regular working period on a particular day.
2. The employee and his or her supervisor agree that, instead of working the usual hours for the employee’s position (for which no shift premium is payable), the employee may work during hours for which a shift premium would otherwise be payable under this section. O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (4).
(8) Despite subsection (4), employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorney’s Association. O. Reg. 229/00, s. 1.
Management Responsibility Supplements
10.20 (1) An employee described in subsection (3) is entitled to be paid a management responsibility supplement in the circumstances described in subsection (4), (5) or (6). O. Reg. 75/06, s. 2.
(2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (4), (5) or (6) is not entitled to be paid a management responsibility supplement for the same period of work. O. Reg. 75/06, s. 2.
(3) Employees are entitled to a management responsibility supplement under this section,
(a) if they are employed in a class of position that falls within the Management Compensation Plan; and
(b) if, when they are working in the circumstances described in subsection (4), (5) or (6), they are engaged in supervising any member of the correctional bargaining unit who is entitled to a shift premium under a collective agreement that applies exclusively with respect to that bargaining unit. O. Reg. 75/06, s. 2.
(4) An employee is entitled to be paid a management responsibility supplement of $1 per hour, instead of the shift premium described in subsection 10.19 (5),
(a) for the time that he or she works between 5 p.m. and midnight; or
(b) if more than half of the time he or she works on a shift falls between 5 p.m. and midnight, for the time that he or she works on the shift. O. Reg. 75/06, s. 2.
(5) An employee is entitled to be paid a management responsibility supplement of $1.50 per hour, instead of the shift premium described in subsection 10.19 (6),
(a) for the time that he or she works between midnight and 7 a.m.; or
(b) if more than half of the time that he or she works on a shift falls between midnight and 7 a.m., for the time that he or she works on the shift. O. Reg. 75/06, s. 2.
(6) An employee is entitled to be paid a management responsibility supplement of $3.50 per hour for all hours that begin at or after 7 p.m. on a Friday and end at or before 7 a.m. on a Monday. This management responsibility supplement is payable in addition to any management responsibility supplement payable under subsection (4) or (5). O. Reg. 75/06, s. 2.
(7) Employees are entitled to be paid a management responsibility supplement at the rate specified under subsection (6) for work performed on and after June 24, 2005. O. Reg. 75/06, s. 2.
(8) Employees who are paid a management responsibility supplement for work performed on or after June 24, 2005 are not entitled to be paid a special shift premium under subsection (6) as it read immediately before it was remade by this Regulation, but if an employee has been paid a special shift premium, the employee is entitled to be paid the difference, if any, between the special shift premium and management responsibility supplement. O. Reg. 75/06, s. 2.
(9) Despite subsection (3), employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorney’s Association. O. Reg. 75/06, s. 2.
11. (1) Where the duties of a position are changed as a result of reorganization or reassignment of duties and the position is reclassified to a class with a lower maximum salary, a full-time civil servant who occupies the position when the reclassification is made is entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place. R.R.O. 1990, Reg. 977, s. 11 (1).
(2) A full-time civil servant to whom subsection (1) applies is entitled to be appointed to the first vacant position in his or her former class that occurs in the same administrative district or unit, institution, or other work area in the same ministry in which the civil servant was employed at the time the reclassification was made. R.R.O. 1990, Reg. 977, s. 11 (2).
(3) A full-time civil servant who, for reasons of health, is assigned to a position in a classification having a lower maximum salary shall not receive any salary progression or salary decrease for a period of six months after his or her assignment and, if at the end of that period the civil servant is unable to accept employment in his or her former classification, the civil servant shall be assigned to a classification consistent with his or her condition. R.R.O. 1990, Reg. 977, s. 11 (3).
(4) Where a position is reassessed and it is reclassified to a class with a lower maximum salary, any full-time civil servant who occupies the position at the time of the reclassification shall continue to be entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place. R.R.O. 1990, Reg. 977, s. 11 (4).
(5) This section does not apply to a full-time civil servant who is a term classified employee. O. Reg. 40/02, s. 4.
12. (1) Where, because of the abolition of a position, a full-time civil servant is assigned,
(a) under section 4, from one position in a ministry to another position in the same ministry; or
(b) under section 5, from a position in one ministry to a position in another ministry,
and the position to which he or she is assigned is in a class with a lower maximum salary than the maximum salary for the class of the position from which he or she was assigned, the civil servant shall continue to be entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the assignment takes place. R.R.O. 1990, Reg. 977, s. 12 (1).
(2) Subsection (1) applies only where there is no position that the civil servant is qualified for and that he or she may be assigned to and that is,
(a) in the same classification that applied to the civil servant’s position before the position was abolished; or
(b) in a classification having the same maximum salary rate as the maximum salary rate of the classification that applied to the civil servant’s position before the position was abolished. R.R.O. 1990, Reg. 977, s. 12 (2).
(3) This section does not apply with respect to persons who are assigned to a position in the Senior Management Group. O. Reg. 39/99, s. 1; O. Reg. 1/04, s. 7.
13. (1) Where the deputy minister suspends a public servant from employment pending an investigation, the period of suspension shall not exceed twenty working days. R.R.O. 1990, Reg. 977, s. 13 (1).
(2) Despite subsection (1), where in the opinion of the deputy minister, an additional period of time is required to complete the investigation, the deputy minister may renew the period of suspension for not more than twenty working days in each case for such additional periods as are considered necessary. R.R.O. 1990, Reg. 977, s. 13 (2).
(3) If a deputy minister removes a public servant from employment under subsection 22 (2) of the Act, the deputy minister shall give the public servant written notice of the removal and of the reasons for it and shall inform the public servant of his or her right to submit a grievance under Part V. O. Reg. 168/96, s. 2 (1).
(4) If a deputy minister dismisses a public servant under subsection 22 (3) of the Act, the deputy minister shall,
(a) give the public servant written notice of the dismissal and of the reasons for it;
(b) give written notice of the dismissal to the Commission; and
(c) inform the public servant of his or her right to submit a grievance under Part V. O. Reg. 168/96, s. 2 (1).
(5)-(14) Revoked: O. Reg. 168/96, s. 2 (1).
Note: Section 13, as it read immediately before May 2, 1996, continues to apply with respect to hearings commenced before May 2, 1996. See: O. Reg. 168/96, s. 2 (2).
14. (1) In this section,
“release” means release from employment under subsection 22 (4) of the Act. R.R.O. 1990, Reg. 977, s. 14 (1).
(1.1) For the purposes of subsection 22 (4) of the Act and this section, a full-time civil servant is not released from employment until he or she is given the written notice required by this section. O. Reg. 204/02, s. 3 (1).
(2) If a full-time civil servant receives the written notice of release required by this section and if, in any ministry to which the civil servant applies, there is a vacant position,
(a) for which he or she is qualified;
(b) for which he or she is acceptable to the deputy minister of the ministry; and
(c) in the same class as or in a class with a maximum salary not greater than that of the position occupied by the civil servant,
the deputy minister of the ministry shall transfer the civil servant to the vacant position. R.R.O. 1990, Reg. 977, s. 14 (2); O. Reg. 204/02, s. 3 (2).
(3) The following rules apply if the civil servant accepts a transfer under subsection (2) on or after the date on which Ontario Regulation 39/99 comes into force to a position with a lower maximum salary:
1. During the six months after the civil servant receives the written notice of release required by this section, the civil servant is entitled to receive the salary payable to him or her in his or her permanent position on the day on which the notice is given.
2. Upon the expiry of that six-month period, the civil servant is entitled to receive the salary that is the lower of,
i. the civil servant’s salary in the position to which he or she transferred, or
ii. the maximum salary payable to a person in the position to which the civil servant transferred. O. Reg. 39/99, s. 2; O. Reg. 204/02, s. 3 (3).
(3.1) The following rules apply if the civil servant accepted a transfer under subsection (2) on or after April 17, 1996 and before the date on which Ontario Regulation 39/99 comes into force to a position with a lower maximum salary:
1. During the six months after Ontario Regulation 39/99 comes into force, the civil servant is entitled to receive the salary that would have been payable to him or her before that Regulation came into force.
2. Upon the expiry of that six-month period, the civil servant is entitled to receive the salary that is the lower of,
i. the civil servant’s salary in the position to which he or she transferred, or
ii. the maximum salary payable to a person in the position to which the civil servant transferred. O. Reg. 39/99, s. 2.
(3.2) A civil servant who accepted a transfer under subsection (2) before April 17, 1996 to a position with a lower maximum salary is entitled to salary progression based on merit to the maximum salary of the higher class including any revision of the maximum salary of the higher class that took effect during the salary cycle in which the transfer took place. O. Reg. 39/99, s. 2.
(4) Where a civil servant accepts a transfer under subsection (2) to a position with a lower maximum salary and in any ministry to which he or she thereafter applies there is a vacant position,
(a) for which he or she is qualified;
(b) for which he or she is acceptable to the deputy minister of the ministry; and
(c) with a maximum salary,
(i) greater than that of the position to which the civil servant accepted a transfer under subsection (2), and
(ii) not greater than that to which he or she would have been entitled if it had not been proposed to release him or her and he or she had remained in the position from which he or she accepted a transfer under subsection (2),
the deputy minister of the ministry shall transfer the civil servant to the vacant position. R.R.O. 1990, Reg. 977, s. 14 (4).
(5) A deputy minister who proposes to release a full-time civil servant, other than a term classified employee, shall give at least six months written notice of the release to the civil servant. O. Reg. 40/02, s. 5 (1).
(5.1) A deputy minister who proposes to release a full-time civil servant who is a term classified employee shall give at least 16 weeks written notice of the release to the employee. O. Reg. 40/02, s. 5 (1).
(6) A person who has been released from a full-time position in the civil service is eligible for inclusion in all competitions for employment in the civil service for a period of one year from the date of his or her release. R.R.O. 1990, Reg. 977, s. 14 (6).
(7) Where a person who has been released from a full-time position in the civil service applies within one year from the date of his or her release for appointment in a ministry to a vacant position,
(a) for which he or she is qualified;
(b) for which he or she is acceptable to the deputy minister of the ministry; and
(c) with a maximum salary not greater than that to which he or she would have been entitled had he or she not been released,
the deputy minister of the ministry shall nominate the person to fill the vacant position. R.R.O. 1990, Reg. 977, s. 14 (7).
(8) Where a person who has been released from the civil service is reappointed to the civil service, the period of absence shall not be included in computing the length of service as a civil servant but the service before and after the absence shall be deemed to be continuous. R.R.O. 1990, Reg. 977, s. 14 (8).
(9) This section does not apply to persons in the positions or classifications set out or described in Schedule 1 or to persons within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993. O. Reg. 168/96, s. 3.
(10) Subsections (2), (3), (4), (7) and (8) do not apply with respect to a term classified employee. O. Reg. 40/02, s. 5 (2).
14.1 (1) This section applies with respect to a release from employment under subsection 22 (4.1) of the Act (release from employment on giving reasonable notice or compensation in lieu of reasonable notice). O. Reg. 168/96, s. 4.
(2) The following positions and classes of positions are designated for the purposes of subsection 22 (4.1) of the Act:
1. Positions in the Senior Management Group, other than those positions whose incumbents are represented for the purposes of collective bargaining under the Crown Employees Collective Bargaining Act, 1993 by the Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO) or by the Professional Engineers of the Government of Ontario (PEGO).
2. Positions in the Management Compensation Plan, other than those positions whose incumbents are represented for the purposes of collective bargaining under the Crown Employees Collective Bargaining Act, 1993 by the Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO) or by the Professional Engineers of the Government of Ontario (PEGO). O. Reg. 168/96, s. 4; O. Reg. 1/04, s. 8.
(3) The deputy minister shall not release a public servant from employment unless the deputy minister has obtained the prior approval of the Commission in writing to do so. O. Reg. 168/96, s. 4.
(4) If a deputy minister releases a public servant from employment, the deputy minister shall give the public servant written notice of the release and of the reasons for it. O. Reg. 168/96, s. 4.
(5) Compensation that may be payable to a person under subsection 22 (4.1) of the Act shall include the termination or severance payments payable to the person under sections 79 to 87. O. Reg. 168/96, s. 4.
(6) Section 84 does not apply with respect to a determination of the amount of compensation payable in lieu of reasonable notice or with respect to the payment of the compensation. O. Reg. 168/96, s. 4.
15. Revoked: O. Reg. 436/97, s. 1.
16. Revoked: O. Reg. 625/94, s. 1.
17. The deputy minister of a ministry,
(a) shall plan and provide for the employees of the ministry staff development programs for the continued efficient and effective operation of the ministry; and
(b) shall provide to the Commission reports on the staff development programs of the ministry or on such aspects of the programs as the Commission may specify at such times as the Commission may require the reports. R.R.O. 1990, Reg. 977, s. 17.
18. (1) Where a deputy minister assigns a public servant to participate in a staff development program,
(a) that is conducted by a ministry or by the Commission; and
(b) that, in the opinion of the deputy minister, will provide the public servant with skills or knowledge of value to the public service,
the assignment shall be in accordance with subsections (3) and (4). R.R.O. 1990, Reg. 977, s. 18 (1).
(2) Where a deputy minister assigns a civil servant to participate in a staff development program,
(a) that is not conducted by a ministry or by the Commission; and
(b) that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge essential to the performance of his or her duties,
the assignment shall be in accordance with subsections (3) and (4). R.R.O. 1990, Reg. 977, s. 18 (2).
(3) The deputy minister shall authorize payment by the ministry of an amount equal to the tuition fees and all or part of any expenses that may be specified by the deputy minister in connection with the participation of the civil servant or public servant in the program. R.R.O. 1990, Reg. 977, s. 18 (3).
(4) The deputy minister shall make the assignment subject to, and shall ensure that the civil servant or public servant is aware that the assignment is subject to, the following conditions:
1. The civil servant or public servant shall submit regular personal attendance reports.
2. The civil servant or public servant shall not accept a bursary or scholarship in respect of the program.
3. The civil servant or public servant shall not enter into any other employment that will interfere with his or her participation in the program or that will result in a contravention of subsection 15 (1).
4. No overtime will be credited or paid for in respect of participation in or the completion of work related to participation in the program. R.R.O. 1990, Reg. 977, s. 18 (4).
(5) Revoked: O. Reg. 1/04, s. 9.
19. (1) Where a civil servant participates in a staff development program not conducted by a ministry or by the Commission, that requires not more than six weeks absence from employment and that, in the opinion of the deputy minister of the ministry in which the civil servant is employed, will provide the civil servant with skills or knowledge of value to the ministry although not essential to the performance of the duties of the civil servant, and where at least half of the absence is charged to the accumulated vacation or overtime credits of the civil servant, the deputy minister may grant leave of absence with pay for the remainder of the absence. R.R.O. 1990, Reg. 977, s. 19 (1).
(2) Where a civil servant participates in a staff development program in respect of which leave of absence with pay is granted in accordance with subsection (1), the deputy minister may authorize payment by the ministry of an amount equal to all or part of the tuition fees and all or part of any other expenses specified by the deputy minister in connection with the participation of the civil servant in the program. R.R.O. 1990, Reg. 977, s. 19 (2).
20. (1) Where a deputy minister grants to a civil servant in his or her ministry leave of absence for the purpose of participating in a staff development program,
(a) that is not conducted by a ministry or by the Commission;
(b) that requires more than six weeks absence from employment; and
(c) that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge of value to the ministry although not essential to the performance of the duties of the civil servant,
the leave of absence must be for a period not exceeding twelve months and without pay or accumulation of credits. R.R.O. 1990, Reg. 977, s. 20 (1).
(2) A deputy minister who grants to a civil servant leave of absence under subsection (1) may authorize either or both of,
(a) payment by the ministry of an amount equal to all or part of the tuition fees and all or part of any other expenses specified by the deputy minister in connection with the participation of the civil servant in the program; and
(b) the granting by his or her ministry of a repayable award to the civil servant in an amount that, when added to any bursary or scholarship received by the civil servant in respect of the program, does not exceed the annual salary of the civil servant. R.R.O. 1990, Reg. 977, s. 20 (2).
(3) A repayable award mentioned in clause (2) (b) shall be made on the following basis:
1. No interest may be charged on the award, unless repayment is required under paragraph 3.
2. Repayment of the award shall not be required if the civil servant returns to work in the civil service on or before the expiry of the leave of absence and works as a civil servant for a period of time equal to that percentage of a year calculated by multiplying by two the percentage of the civil servant’s annual salary that is equal to the amount of the award.
3. If the civil servant does not work for the period of time referred to in paragraph 2, the award shall become due and repayable on the day he or she ceases to be a civil servant, but the principal amount repayable shall be reduced in proportion to the period of time that he or she worked in the civil service after the expiry of the leave of absence.
4. When an award becomes due and repayable, interest is due and payable on the outstanding principal balance of the award from the date of the making of the award to the date of repayment at the Bank of Canada bank rate on the day on which the award becomes due and repayable. R.R.O. 1990, Reg. 977, s. 20 (3).
(4) In paragraph 4 of subsection (3),
“bank rate” means the minimum rate at which the Bank of Canada makes short-term advances to the banks as determined and published by the Bank of Canada in the periodic publication entitled the Bank of Canada Review. R.R.O. 1990, Reg. 977, s. 20 (4).
(5) A deputy minister may waive payment of the interest or repayment of the principal or both on an award when he or she is satisfied as to the existence of exceptional circumstances. R.R.O. 1990, Reg. 977, s. 20 (5).
21. (1) A deputy minister may grant to a civil servant in his or her ministry leave of absence without pay or accumulation of credits for a period not exceeding twelve months for the purpose of participating in a staff development program not conducted by a ministry or by the Commission that requires absence from employment and that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge of value to the public service although not of direct value to the ministry. R.R.O. 1990, Reg. 977, s. 21 (1).
(2) A deputy minister who grants leave of absence to a civil servant in accordance with subsection (1) may authorize payment by the ministry of an amount equal to all or part of the expenses specified by the deputy minister in connection with the participation of the civil servant in the program. R.R.O. 1990, Reg. 977, s. 21 (2).
22. A deputy minister may grant to a civil servant who has participated in a staff development program referred to in section 19, 20 or 21 leave of absence with pay for the purpose of taking examinations related to the program. R.R.O. 1990, Reg. 977, s. 22.
23. (1) Where a civil servant resigns from the civil service for the purpose of participating in an education program, the deputy minister of the ministry in which the civil servant was employed immediately before his or her resignation, on application made before the resignation, may direct that the civil servant’s attendance credits and vacation credits continue to be held to his or her credit until he or she is re-employed as a civil servant or until two years elapse, whichever occurs first, and the credits shall not be used until the civil servant is so re-employed. R.R.O. 1990, Reg. 977, s. 23.
(2) This section does not apply with respect to a civil servant who is a term classified employee. O. Reg. 40/02, s. 6.
24. Where a deputy minister is of the opinion that participation in a staff development program that is not conducted by a ministry or by the Commission and does not require absence from employment will provide a civil servant with skills or knowledge of value to the public service, the deputy minister may authorize payment by the ministry of an amount equal to all or part of the tuition fees and all or part of the expenses specified by the deputy minister in connection with the participation of the civil servant in the program. R.R.O. 1990, Reg. 977, s. 24.
Part IV (ss. 25-29) Revoked: O. Reg. 168/96, s. 5.
30. In this Part,
“grievor” means a person who files a grievance under this Part. O. Reg. 168/96, s. 6 (1).
31. (1) The following persons are not eligible to file a grievance under this Part:
1. A person within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993.
2. A member of the Ontario Provincial Police who is a cadet, probationary constable, constable, corporal, sergeant, staff sergeant, detective-sergeant or traffic sergeant.
3. A term classified employee. O. Reg. 168/96, s. 6 (1); O. Reg. 40/02, s. 7 (1).
(2) Revoked: O. Reg. 40/02, s. 7 (2).
(3) Revoked: O. Reg. 40/02, s. 7 (2).
(4) No grievance shall include a complaint in respect of the following matters:
1. A complaint that a position should be classified.
2. A complaint that a position is in the wrong classification.
3. A complaint relating to a release from employment under subsection 22 (4.1) of the Act.
4. A complaint regarding the method of evaluating an employee’s performance.
5. A complaint regarding the evaluation of an employee’s performance.
6. A complaint regarding the compensation provided or denied to an employee as a result of an evaluation of his or her performance. O. Reg. 59/03, s. 1.
(5) Revoked: O. Reg. 59/03, s. 1.
32. (1) A person who is aggrieved by his or her removal from employment under subsection 22 (2) of the Act may file a grievance with his or her deputy minister within 14 days after receiving notice of the removal from employment. O. Reg. 168/96, s. 6 (1).
(2) The grievance must set out the reasons for the person’s complaint about the removal from employment. O. Reg. 168/96, s. 6 (1).
33. (1) A person described in subsection (2) who is aggrieved by his or her dismissal from employment under subsection 22 (3) of the Act may file a grievance with his or her deputy minister within 14 days after receiving notice of the dismissal. O. Reg. 168/96, s. 6 (1).
(2) Subsection (1) applies to a person who has been employed in the public service under the jurisdiction of a deputy minister continuously for at least the 12 months prior to being dismissed. O. Reg. 168/96, s. 6 (1).
(3) The grievance must set out the reasons for the person’s complaint about the dismissal. O. Reg. 168/96, s. 6 (1).
34. (1) A person described in subsection (2) who is aggrieved about a working condition or term of his or her employment may file a grievance with his or her deputy within 14 days after becoming aware of the working condition or term of employment giving rise to the grievance. O. Reg. 168/96, s. 6 (1).
(2) Subsection (1) applies to a person who has been employed in the public service under the jurisdiction of a deputy minister continuously for at least six months before the deadline under that subsection for filing a grievance. O. Reg. 168/96, s. 6 (1).
(3) Despite subsection (2), a person in a position or classification set out in Schedule 1 is not entitled to file a grievance under this section. O. Reg. 168/96, s. 6 (1).
(4) The grievance must set out the reasons for the person’s complaint about the working condition or term of employment. O. Reg. 168/96, s. 6 (1).
35. (1) The deputy minister or his or her delegate shall meet with a grievor within 30 days after receiving the grievance. O. Reg. 168/96, s. 6 (1).
(2) If a delegate of the deputy minister meets with the grievor, the delegate shall give the deputy minister a written report of the meeting and shall make a recommendation in writing. O. Reg. 168/96, s. 6 (1).
(3) The deputy minister shall give the grievor his or her decision in writing within 30 days after the meeting. O. Reg. 168/96, s. 6 (1).
36. (1) A grievor who is not satisfied with the decision of the deputy minister may apply to the Public Service Grievance Board within 14 days after receiving the decision for a hearing about his or her grievance. O. Reg. 168/96, s. 6 (1).
(2) If a grievor does not receive the decision of the deputy minister within 30 days after the meeting between the grievor and the deputy minister or his or her delegate, the grievor may apply to the Board within 14 days after those 30 days have elapsed for a hearing about his or her grievance. O. Reg. 168/96, s. 6 (1).
(3) The application must be delivered to the chair of the Board and must include a copy of the grievance that was filed with the deputy minister. O. Reg. 168/96, s. 6 (1).
(4) The chair shall give a copy of the application to the deputy minister concerned. O. Reg. 168/96, s. 6 (1).
37. (1) Within 14 days after receiving the application, the chair shall fix a time and place for the hearing and give written notice to the grievor and to the deputy minister. O. Reg. 168/96, s. 6 (1).
(2) One member of the Board may hear and dispose of a grievance. O. Reg. 168/96, s. 6 (1).
38. On a hearing, the Board has the powers of a commission under Part II of the Public Inquiries Act. O. Reg. 168/96, s. 6 (1).
39. (1) The grievor may present his or her grievance personally or may be assisted or represented by a person nominated by the grievor to act on his or her behalf. O. Reg. 168/96, s. 6 (1).
(2) At the hearing, the grievor or representative may,
(a) call and examine witnesses;
(b) conduct such cross-examinations of witnesses as is reasonably required for a full and fair disclosure of the facts in relation to which they have given evidence; and
(c) present arguments and submissions. O. Reg. 168/96, s. 6 (1).
(3) A witness at a hearing is entitled to be advised by his or her counsel or agent as to the witness’s rights. O. Reg. 168/96, s. 6 (1).
(4) The counsel or agent of a witness is not entitled to be present at the hearing except when the witness is giving evidence and may take no other part in the hearing without leave of the Board. O. Reg. 168/96, s. 6 (1).
40. (1) The decision of the Board on a grievance is final. O. Reg. 168/96, s. 6 (1).
(2) The Board shall deliver a copy of its decision and the reasons for the decision to the grievor and his or her representative, if any, the deputy minister concerned and the chair of the Commission. Delivery must be made by hand or by registered mail. O. Reg. 168/96, s. 6 (1).
41. (1) The Board shall compile a record of the proceedings at a hearing that consists of the following:
1. The application for the hearing.
2. The notice of the hearing.
3. Any interim orders made by the Board.
4. All documentary evidence produced at the hearing.
5. The transcript, if any, or a statement or summary of the oral evidence given at the hearing.
6. The decision of the Board and its reasons for the decision. O. Reg. 168/96, s. 6 (1).
(2) The Board is not required to include documentary evidence in the record to the extent that there is a limitation expressly imposed by an Act on the extent or purposes for which a document may be used in evidence in the proceedings. O. Reg. 168/96, s. 6 (1).
42. (1) The Public Service Grievance Board is continued and is composed of not fewer than three members appointed by the Lieutenant Governor in Council. O. Reg. 168/96, s. 6 (1).
(2) The Lieutenant Governor in Council shall designate one member of the Board as its chair. O. Reg. 168/96, s. 6 (1).
43. The Board may make rules governing the practice and procedure to be used in matters before it. O. Reg. 40/02, s. 8.
44.-55. Revoked: O. Reg. 168/96, s. 6 (1).
Note: Despite its revocation, Part V (ss. 30-55), as it read immediately before May 2, 1996, continues to apply with respect to a grievance referred to the Classification Rating Committee before April 1, 1993 and a grievance commenced before May 2, 1996. See: O. Reg. 168/96, s. 6 (2).
part vi
benefits — classified employees and other specified employees
Application and Interpretation
55.1 (1) This Part applies to every civil servant who,
(a) is not within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; or
(b) is not represented by the Ontario Provincial Police Association under this Act. O. Reg. 1/04, s. 11.
(2) This Part applies to every person appointed to the service of the Crown in the office of a member of the Executive Council. O. Reg. 1/04, s. 11.
56. (1) In this Part,
“accumulated attendance credits” means,
(a) in the case of a person who was an employee before the 1st day of January, 1976, the attendance credits standing to the credit of the employee immediately before the 1st day of January, 1976, and
(b) in the case of an employee who was formerly within a unit of civil servants established for collective bargaining in accordance with an Act, the attendance credits standing to the credit of the employee immediately before becoming an employee;
“accumulated credits” includes compensation option credits under section 10, accumulated attendance credits and accumulated vacation credits;
“Civic Holiday” means the first Monday in August;
“continuous service” means the period of unbroken service during which a person is an employee and during which the employee,
(a) receives his or her regular salary,
(b) is absent on leave without pay for a period that does not exceed 30 days,
(c) is absent on pregnancy leave under subsection 65 (2) or parental leave under subsection 65 (7), or
(d) qualifies for or is receiving a benefit under the Long Term Income Protection Plan,
and includes the periods described in subsections (3) and (4), except as otherwise specified by subsections (5) and (6);
“employee” means a person to whom this Part applies by virtue of section 55.1;
“employer” means the Crown. R.R.O. 1990, Reg. 977, s. 56 (1); O. Reg. 181/91, s. 1; O. Reg. 442/91, s. 1; O. Reg. 168/96, s. 7; O. Reg. 399/01, s. 2; O. Reg. 40/02, s. 9 (1); O. Reg. 1/04, s. 12.
(2) In relation to employees whose compensation rate increase was determined by the Board under the Inflation Restraint Act, 1982 for the period ending on the 31st day of December, 1983, references in this Part to the 1st day of April, 1983 in respect of benefits shall be deemed to be references to the 1st day of January, 1983. R.R.O. 1990, Reg. 977, s. 56 (2).
(3) If an employee who is a civil servant was an unclassified employee within 13 weeks before his or her last appointment as a civil servant, the period of unclassified service is included in the employee’s period of continuous service. O. Reg. 40/02, s. 9 (2).
(4) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and if the breaks in service were not more than 13 weeks long, the periods of unclassified service are included in the employee’s period of continuous service. O. Reg. 40/02, s. 9 (2).
(5) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and on one or more occasions the employee’s break in service was more than 13 weeks long, the employee’s period of continuous service does not include periods of service that occurred before the most recent break of more than 13 weeks. O. Reg. 40/02, s. 9 (2).
(6) Subsections (3), (4) and (5) do not apply with respect to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 40/02, s. 9 (2).
57. Sections 79 to 88 do not apply in respect of an employee who is a deputy minister or who has the rank and status of a deputy minister. R.R.O. 1990, Reg. 977, s. 57.
58. (1) A full-time employee is entitled to a holiday in each year on each of the following days:
1. New Year’s Day
2. Good Friday
3. Easter Monday
4. Victoria Day
5. Canada Day
6. Civic Holiday
7. Labour Day
8. Thanksgiving Day
9. Remembrance Day
10. Christmas Day
11. Boxing Day
12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor. R.R.O. 1990, Reg. 977, s. 58 (1).
(2) A part-time employee shall be entitled to a holiday each year on each of the days shown in subsection (1) which fall on a regularly scheduled working day. R.R.O. 1990, Reg. 977, s. 58 (2).
(3) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein. R.R.O. 1990, Reg. 977, s. 58 (3).
(4) Where an employee is required to work on any holiday specified in subsection (1), he or she is entitled to a compensating day as a holiday in lieu thereof. R.R.O. 1990, Reg. 977, s. 58 (4).
(5) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday the next regular working day thereafter is in lieu thereof a holiday. R.R.O. 1990, Reg. 977, s. 58 (5).
(6) Subsection (5) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis. R.R.O. 1990, Reg. 977, s. 58 (6).
58.1 (1) The Secretary of Management Board may establish a policy that permits a deputy minister to give more vacation credits to an employee than the vacation credits to which the employee is otherwise entitled under clause 59 (1) (a) or subclause 59 (1) (b) (ii) or (iii). O. Reg. 40/02, s. 10.
(2) The additional vacation credits may be given to the employee at the time that he or she becomes employed in the public service, but not after he or she is so employed. O. Reg. 40/02, s. 10.
(3) The additional vacation credits must not exceed 5/6 of a day per month for a full-time employee. O. Reg. 40/02, s. 10.
(4) The following employees are not eligible to receive additional vacation credits under this section:
1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association.
2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 40/02, s. 10.
59. (1) A full-time employee is entitled to vacation credits at the rate of,
(a) 1¼ days per month during the first eight years of continuous service;
(b) 12/3 days per month,
(i) after eight years of continuous service,
(ii) after appointment to a position that is classified within the professional medical group, or
(iii) after appointment to a position that is classified within the Senior Management Group;
(c) 21/12 days per month,
(i) after sixteen years of continuous service by an employee who is a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner, or
(ii) after fifteen years of continuous service by an employee to whom subclause (i) does not apply; and
(d) 2½ days per month after 26 years of continuous service. R.R.O. 1990, Reg. 977, s. 59 (1); O. Reg. 181/91, s. 2; O. Reg. 399/01, s. 3 (1, 2).
(2) A part-time employee is entitled to a pro-rated portion of the vacation credits shown in subsection (1) based on the ratio that the employee’s regularly scheduled hours of work bear to full employment. R.R.O. 1990, Reg. 977, s. 59 (2).
(3) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is entitled to vacation credits at the rate of 2½ days per month from the beginning of the calendar year in which the officer completes twenty-four years of continuous service. O. Reg. 442/91, s. 2; O. Reg. 399/01, s. 3 (3).
(4) Every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner may elect to receive one week’s salary in lieu of five days of accumulated vacation credits in each calendar year. R.R.O. 1990, Reg. 977, s. 59 (4); O. Reg. 399/01, s. 3 (4).
(5) The commissioned officer shall give written notice of the election to the Commissioner on or before the 1st day of November in the year for which the election is made. R.R.O. 1990, Reg. 977, s. 59 (5).
(6) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy commissioner is entitled to vacation credits at the rate of 5/12 of a day per month, in addition to any vacation credits accumulated under clause (1) (a), subclause (1) (b) (i), clause (1) (c) or (d) or subsection (3) if, immediately before the officer became a police officer with the Ontario Provincial Police Force, he or she had completed at least eight years of continuous service as a police officer with another Canadian police force. O. Reg. 1/04. s. 13.
(7) In order for a commissioned officer to qualify for additional vacation credits under subsection (6), the eight years of continuous service referred to in that subsection must have been served at the same police force. O. Reg. 1/04. s. 13.
(7.1) Despite the definitions of “continuous service” in subsection 56 (1) and 59 (24), in subsection (6),
“continuous service” means the period of unbroken service during which a person is an employee and during which the employee,
(a) receives his or her regular salary,
(b) is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997 or under an equivalent statute in force in a Canadian jurisdiction outside Ontario,
(c) is absent on leave without pay for a period not exceeding 30 days,
(d) is absent on pregnancy leave or parental leave under the Employment Standards Act, 2000 or under an equivalent statute in force in a Canadian jurisdiction outside Ontario, or
(e) qualifies for or was receiving a benefit under a Long Term Income Protection Plan. O. Reg. 1/04. s. 13.
(8) An employee is entitled to vacation credits under subsection (1), (2) or (3), as the case may be, in respect of a month or part thereof in which the employee is at work or on leave of absence with pay. R.R.O. 1990, Reg. 977, s. 59 (8).
(9) An employee is not entitled to vacation credits,
(a) in respect of a whole month in which he or she is on leave of absence without pay; and
(b) in respect of a whole month in which he or she receives benefits under the Long Term Income Protection Plan.
(c) Revoked: O. Reg. 40/02, s. 11 (1).
R.R.O. 1990, Reg. 977, s. 59 (9); O. Reg. 399/01, s. 3 (6); O. Reg. 40/02, s. 11 (1).
(9.1) The following employees are not entitled to vacation credits if they receive benefits under an award made under the Workplace Safety and Insurance Act, 1997 in respect of a whole month after the first six months in which they receive such benefits, unless they are receiving payment for accumulated credits during that whole month:
1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association.
2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 40/02, s. 11 (2).
(10) An employee shall be credited with his or her vacation credits for each year on the 1st day of January in the year. R.R.O. 1990, Reg. 977, s. 59 (10).
(11) An employee may accumulate vacation credits,
(a) to a maximum of three times his or her annual credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or
(b) to a maximum of twice his or her annual credits, in the case of any other employee. O. Reg. 40/02, s. 11 (3).
(11.1) Despite subsection (11), an employee’s vacation credits shall be reduced not later than December 31 in each year,
(a) to a maximum of two year’s credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or
(b) to a maximum of one year’s credits, in the case of any other employee. O. Reg. 40/02, s. 11 (3).
(12) Where an employee is prevented from taking a vacation as a result of,
(a) an injury for which an award is granted under the Workplace Safety and Insurance Act, 1997;
(b) a total disability; or
(c) an extraordinary requirement of the employer,
and the employee’s vacation credits in respect of that vacation are forfeited under subsection (11.1), the employee’s deputy minister shall grant to the employee, at the request of the employee, a leave of absence with pay to replace the forfeited vacation days. R.R.O. 1990, Reg. 977, s. 59 (12); O. Reg. 399/01, s. 3 (7); O. Reg. 40/02, s. 11 (4).
(13) An employee commencing employment during a year shall be credited at that time with vacation credits calculated in accordance with subsection (1), in the case of a full-time employee, or with subsection (2) in the case of a part-time employee, for the balance of the calendar year. O. Reg. 40/02, s. 11 (5).
(13.1) Subject to subsection (13.2), an employee commencing employment during a year is not entitled to take vacation until he or she completes six months of continuous service in the public service. O. Reg. 40/02, s. 11 (5).
(13.2) An employee who has not completed six months of continuous service in the public service may take a maximum of 10 days of vacation with the approval of his or her deputy minister. O. Reg. 40/02, s. 11 (5).
(13.3) If an employee takes vacation under subsection (13.2), the employee’s accumulated vacation credits for the year and, if necessary, for the following year shall be reduced by the vacation taken. O. Reg. 40/02, s. 11 (5).
(14) An employee who has completed six months of continuous service in the public service may, with the approval of his or her deputy minister, take vacation to the extent of his or her vacation entitlement and his or her accumulated vacation credits shall be reduced by the vacation taken. R.R.O. 1990, Reg. 977, s. 59 (14).
(15) Where an employee has completed twenty-five years of continuous service in the public service, there shall be added to the employee’s accumulated vacation, on that occasion only,
(a) for a full-time employee, five days vacation; and
(b) for a part-time employee, that portion of five days vacation equal to the portion the employee’s regularly scheduled hours of work bear to full employment. R.R.O. 1990, Reg. 977, s. 59 (15).
(16) Subsection (15) does not apply to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. R.R.O. 1990, Reg. 977, s. 59 (16).
(17) An employee who completes twenty-five years of continuous service on or before the last day of the month in which the employee attains sixty-four years of age is entitled, after the end of that month, to,
(a) five days of pre-retirement leave with pay, if the employee is a full-time employee; or
(b) that portion of five days pre-retirement leave with pay equal to the portion that the employee’s regularly scheduled hours of work bear to full employment if the employee is a part-time employee. R.R.O. 1990, Reg. 977, s. 59 (17).
(18) If the employee leaves the public service before completing six months of continuous service, he or she is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment, from which is subtracted his or her earnings for the period of any vacation taken under subsection (13.2). O. Reg. 40/02, s. 11 (6).
(18.1) If the amount to be subtracted under subsection (18) from an employee’s earnings exceeds 4 per cent of the earnings of the employee during the period of his or her employment, the employee shall pay the difference to the Crown. O. Reg. 40/02, s. 11 (6).
(19) An employee who has completed six or more months of continuous service in the public service shall be paid, in an amount computed at the rate of the employee’s last regular salary, for any unused vacation standing to the credit of the employee at the date he or she ceases to be an employee. R.R.O. 1990, Reg. 977, s. 59 (19).
(20) An employee who has completed six or more months of continuous service in the public service is entitled, upon request by the employee, to be paid, in an amount computed at the rate of the employee’s last regular salary, for any unused vacation standing to the credit of the employee at the date on which he or she qualifies for payments under the Long Term Income Protection Plan under section 75. R.R.O. 1990, Reg. 977, s. 59 (20).
(20.1) No payment shall be made under subsection (19) or (20) for vacation credits that are forfeited under subsection (11.1). O. Reg. 40/02, s. 11 (7).
(21) Where an employee ceases to be an employee, there shall be deducted from the employee’s accumulated vacation credits an amount in respect of the whole months remaining in the year after the person ceases to be an employee computed at the rate set out in subsection (1) in the case of a full-time employee and at the rate set out in subsection (2) in the case of a part-time employee. R.R.O. 1990, Reg. 977, s. 59 (21).
(22) Vacation taken in excess of the vacation credits to which an employee is entitled on the date he or she ceases to be an employee shall be deducted from the amount paid to the employee under sections 79 to 88 and from any salary to which he or she may be entitled. R.R.O. 1990, Reg. 977, s. 59 (22).
(23) Subsections (1) to (22) do not apply in respect of an employee who is, or who has the rank and status of, a deputy minister. R.R.O. 1990, Reg. 977, s. 59 (23).
(24) In this section,
“continuous service” means “continuous service” as defined in subsection 56 (1) and,
(a) a leave of absence granted to an employee under section 60,
(b) an employee’s absence by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997,
(c) an absence for which benefits are received by the employee under the Long Term Income Protection Plan,
(d) a leave of absence without pay granted to an employee for a period that exceeds thirty days, or
(e) an employee’s period of full-time service under the Legislative Assembly Act that is immediately before the employee’s appointment as a public servant under the Public Service Act and without any intervening break in service. R.R.O. 1990, Reg. 977, s. 59 (24); O. Reg. 399/01, s. 3 (8).
(25) In clause (24) (e),
“service under the Legislative Assembly Act” includes full-time service as an employee of the caucus of a political party or of a member of the Assembly where the employee’s salary is paid out of the money appropriated for use of the caucus or member under the Legislative Assembly Act. R.R.O. 1990, Reg. 977, s. 59 (25).
59.1 (1) At the end of the year 1991 and of each following year, an employee in the Senior Management Group may time-bank up to ten days of accumulated vacation credits standing to the employee’s credit at the end of the year, and the employee’s accumulated vacation credits shall be reduced by the number of days that are time-banked. O. Reg. 181/91, s. 3.
(2) An employee may accumulate time-banked credits to a maximum of 125 days. O. Reg. 181/91, s. 3.
(3) An employee who qualifies for benefits under the Long Term Income Protection Plan may elect to have some or all of his or her accumulated time-banked credits paid to him or her in a single lump sum payment at the rate of the employee’s last regular salary before benefits under the Long Term Income Protection Plan become payable to the employee. O. Reg. 181/91, s. 3.
(4) Subject to subsections (5) and (6), when an employee ceases to be an employee, the employee’s accumulated time-banked credits shall be paid to him or her in a single lump sum payment at the rate of the annual salary to which the employee is entitled when the employee ceases to be an employee. O. Reg. 181/91, s. 3.
(5) In lieu of some or all of the payment referred to in subsection (4), an employee may elect to take, subject to subsection (6), leave of absence with pay for some or all of the days of the employee’s accumulated time-banked credits, and those credits shall be reduced by each day taken as leave of absence with pay. O. Reg. 181/91, s. 3.
(6) Time-banked credits may be taken as leave of absence with pay only when the employee ceases to be an employee immediately on the expiration of that leave of absence with pay. O. Reg. 181/91, s. 3.
(7) Except as provided in this section, an employee is not entitled to compensation for time-banked credits. O. Reg. 181/91, s. 3.
(8) In this section, to,
“time-bank” means to save accumulated vacation credits at the end of the year and to reduce them by the number of days so saved and “time-banked credits” means the vacation credits saved. O. Reg. 181/91, s. 3.
short term sickness plan
60. (1) A full-time employee who is unable to attend to his or her duties due to sickness or injury is entitled, in each year, to leave of absence,
(a) with regular salary for six working days; and
(b) with 75 per cent of regular salary for an additional 124 working days. R.R.O. 1990, Reg. 977, s. 60 (1).
(2) A part-time employee who is unable to attend to his or her duties due to sickness or injury is entitled, in each year, to leave of absence,
(a) with regular salary for that portion of six working days equal to the portion the employee’s regularly scheduled hours of work bear to full employment; and
(b) with 75 per cent of regular salary for that portion of an additional 124 working days equal to the portion the employee’s regularly scheduled hours of work bear to full employment. R.R.O. 1990, Reg. 977, s. 60 (2).
(3) An employee is not entitled to a leave of absence with pay under this section until after completion of, in the case of a full-time employee, twenty consecutive working days of employment, and in the case of a part-time employee, all of the employee’s regularly scheduled hours within a period of four consecutive weeks. R.R.O. 1990, Reg. 977, s. 60 (3).
(4) An employee who is on leave of absence with pay under this section that commences on a regularly scheduled working day in one year and continues to include a regularly scheduled working day in the next following year is not entitled to leave of absence with pay for a greater number of working days than are permitted under subsection (1) or (2), as the case may be, in the two years until the employee has again completed the service requirement described in subsection (3). R.R.O. 1990, Reg. 977, s. 60 (4).
(5) An employee who was on leave of absence with pay under this section for the number of days in a year permitted under subsection (1) or (2), as the case may be, is not entitled to leave of absence with pay under this section in the year next following until the employee has again completed the service requirement described in subsection (3). R.R.O. 1990, Reg. 977, s. 60 (5).
(6) The pay of an employee under this section is subject to,
(a) all deductions for insurance coverages referred to in subsection 71 (1) and under the Public Service Pension Plan that would otherwise be made from the pay; and
(b) all contributions that would otherwise be made by the employer in respect of the pay,
and such deductions and contributions shall be made as though the employee were receiving the employee’s regular salary. R.R.O. 1990, Reg. 977, s. 60 (6); O. Reg. 399/01, s. 4.
use of accumulated credits
61. (1) An employee who is on leave of absence and receiving pay under clause 60 (1) (b) or (2) (b) is entitled, at the employee’s option, to have sufficient credits deducted from the employee’s accumulated credits for each day to which clause 60 (1) (b) or (2) (b) applies and to receive regular salary for each such day. R.R.O. 1990, Reg. 977, s. 61 (1).
(2) An employee who is absent from employment due to sickness or injury beyond the total number of days leave of absence with pay provided for in section 60 shall have his or her accumulated attendance credits reduced by a number of days equal to the number of days of such absence and is entitled to leave of absence with pay on each such day. R.R.O. 1990, Reg. 977, s. 61 (2).
(3) Subsection (2) does not apply to an employee who qualifies for and elects to receive benefits under the Long Term Income Protection Plan instead of using his or her accumulated attendance credits. R.R.O. 1990, Reg. 977, s. 61 (3).
benefits under the workplace safety and insurance act, 1997
62. (1) Where an employee is absent by reason of an injury or occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997, his or her salary shall continue to be paid for a period not exceeding thirty working days and if the claim is rejected any salary paid in excess of that to which he or she is entitled under sections 60 and 61 shall be an amount owing by the employee to the employer. R.R.O. 1990, Reg. 977, s. 62 (1); O. Reg. 399/01, s. 6 (1).
(2) Where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employee’s salary shall continue to be paid for a period not exceeding three consecutive months, or a total of sixty-five regularly scheduled working days where such absences are intermittent, following the date of the first absence because of the injury or disease. R.R.O. 1990, Reg. 977, s. 62 (2); O. Reg. 399/01, s. 6 (2).
(3) Despite subsection (2), if a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is absent because of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the officer is entitled to be paid his or her salary, without loss of credits, for a period not exceeding six consecutive months or, if the absences are intermittent, for a total of 130 regularly scheduled working days following the first absence because of the injury or disease. O. Reg. 1/04, s. 14 (1).
(3.1) Despite subsection (3), if a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is absent by reason of an injury or occupational disease arising from a malicious action or the negligence of a third party and the officer elects to receive benefits under the Workplace Safety and Insurance Act, 1997 in respect of the injury or disease, the officer is entitled to be paid his or her salary, without loss of credits, for a period not exceeding one year. O. Reg. 1/04, s. 14 (1).
(3.2) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner to whom an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary but that applies for a period beyond that set out in subsections (3) or (3.1) may elect to receive benefits under the Short Term Sickness Plan as provided for in section 60, including the right to use his or her accumulated credits to supplement the 75 per cent benefit under the Plan to 100 per cent. O. Reg. 1/04, s. 14 (1).
(4) The regular salary of an employee to whom an award is made under the Workplace Safety and Insurance Act, 1997 that is less than the employee’s regular salary but that applies for a period beyond that set out in subsection (2), (3) or (3.1) may be paid after the period set out in subsection (2), (3) or (3.1) if the employee has accumulated credits. R.R.O. 1990, Reg. 977, s. 62 (4); O. Reg. 399/01, s. 6 (4); O. Reg. 1/04, s. 14 (2).
(5) For any payment made under subsection (4), the difference between the employee’s regular salary paid after the period set out in subsection (2), (3) or (3.1) and the compensation awarded shall be converted to its equivalent time and deducted from his or her accumulated credits. R.R.O. 1990, Reg. 977, s. 62 (5); O. Reg. 1/04, s. 14 (3).
(6) Where an employee is absent by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the employer shall continue to pay the premiums otherwise payable by the employer for the group insurance coverages referred to in section 71. R.R.O. 1990, Reg. 977, s. 62 (6); O. Reg. 399/01, s. 6 (5).
medical examination
63. (1) After seven consecutive calendar days absence caused by sickness or injury, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to official duties. R.R.O. 1990, Reg. 977, s. 63 (1).
(2) Despite subsection (1), the Commission or a deputy minister may require an employee to submit the certificate required by subsection (1) for any period of absence. R.R.O. 1990, Reg. 977, s. 63 (2).
(3) Where for reasons of health an employee is frequently absent or unable to perform his or her duties, his or her deputy minister may require him or her to submit to a medical examination at the expense of the ministry. R.R.O. 1990, Reg. 977, s. 63 (3).
Special and Compassionate Leaves
bereavement leave
64. (1) An employee is entitled,
(a) in the case of a full-time employee, to not more than three working days leave of absence with pay; and
(b) in the case of a part-time employee, to not more than three consecutive days leave of absence with pay,
in the event of the death of the employee’s spouse, parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sister, brother, sister-in-law, brother-in-law, grandparent, grandchild, ward or guardian. R.R.O. 1990, Reg. 977, s. 64 (1); O. Reg. 71/00, s. 2; O. Reg. 399/01, s. 7 (1, 2); O. Reg. 280/04, s. 2 (1).
(2) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is entitled to the leave of absence with pay referred to in subsection (1) in the event of the death of the officer’s foster parent or legal guardian. R.R.O. 1990, Reg. 977, s. 64 (2); O. Reg. 399/01, s. 7 (3).
(2.1) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is entitled to the leave of absence with pay referred to in subsection (1) in the event of the death of the officer’s stepmother or stepfather, a stepgrandparent, stepgrandchild, stepsister or stepbrother or a grandparent of his or her spouse. O. Reg. 442/91, s. 3; O. Reg. 399/01, s. 7 (4); O. Reg. 1/04, s. 15 (1); O. Reg. 280/04, s. 2 (2).
(3) An employee who would otherwise have been at work is entitled to one day leave of absence with pay in the event of the death of the employee’s aunt, uncle, niece or nephew. R.R.O. 1990, Reg. 977, s. 64 (3); O. Reg. 399/01, s. 7 (5).
(3.1) Subsection (3) does not apply to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 1/04, s. 15 (2).
(3.2) A commissioned officer mentioned in subsection (3.1) is entitled to one day leave of absence with pay in the event of the death of his or her aunt, uncle, niece or nephew. O. Reg. 1/04, s. 15 (2).
(4) If the funeral service for a person on whose death an employee is entitled to a leave of absence under subsections (1) and (3) is held at a location more than 800 kilometres from the employee’s residence, the employee is entitled to two additional days leave of absence without pay immediately following the leave of absence taken by the employee under those subsections. R.R.O. 1990, Reg. 977, s. 64 (4).
(5) Subsection (4) does not apply to commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner, but they may be granted an additional leave of absence under subsection 69 (1) for necessary travel to attend a funeral service. O. Reg. 1/04, s. 15 (3).
(6) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006. O. Reg. 454/06, s. 1.
64.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4. O. Reg. 454/06, s. 2.
(2) An employee is entitled to the following bereavement leave in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sibling, stepsibling, sister-in-law, brother-in-law, grandparent, stepgrandparent, grandchild, stepgrandchild, ward, foster parent or guardian:
1. In the case of a full-time employee, not more than three working days’ leave of absence with pay.
2. In the case of a part-time employee, not more than three consecutive days’ leave of absence with pay. O. Reg. 454/06, s. 2.
(3) An employee who would otherwise have been at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s aunt, uncle, niece or nephew. O. Reg. 454/06, s. 2.
(4) If the funeral service for a person on whose death an employee is entitled to a leave of absence under subsection (2) or (3) is held at a location more than 800 kilometres from the employee’s residence, the employee is entitled to two additional days’ leave of absence without pay immediately following the leave of absence taken by the employee under those subsections. O. Reg. 454/06, s. 2.
pregnancy and parental leaves
65. (1) In this section and in section 65.1,
“last day at work”, in respect of a person on a leave of absence referred to in subsection (2) or (7), means,
(a) the last day the person was at work before the leave of absence, or
(b) where, on the last day the person was at work before the leave of absence, the person was on temporary assignment in order to avoid exposure to a video display terminal during pregnancy and the rate of pay of the position of the temporary assignment was less than the rate of pay of the position occupied by the person before the temporary assignment, the last day the person was at work before the temporary assignment;
“parent” includes a person with whom a child is placed for adoption and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own;
“parental leave” means a leave of absence under subsection (7);
“pregnancy leave” means a leave of absence under subsection (2);
“weekly pay”, in respect of a person on a leave of absence referred to in subsection (2) or (7), means weekly pay at the rate actually received by the person on the last day of work and also includes any salary increase that is granted after the last day of work to take effect retroactively on or before the last day of work. O. Reg. 442/91, s. 4.
(2) A deputy minister shall grant a leave of absence without pay in accordance with Part XIV of the Employment Standards Act, 2000 to a person who is pregnant and who started her service with the Crown at least thirteen weeks before the expected birth date. O. Reg. 442/91, s. 4; O. Reg. 40/02, s. 12 (1).
(3) A person may begin pregnancy leave no earlier than seventeen weeks before the expected birth date. O. Reg. 442/91, s. 4.
(4) The pregnancy leave of a person who is entitled to take parental leave ends seventeen weeks after the pregnancy leave began. O. Reg. 442/91, s. 4.
(5) The pregnancy leave of a person who is not entitled to take parental leave ends on the later of the day that is seventeen weeks after the pregnancy leave began or the day that is six weeks after the birth, still-birth or miscarriage of the child. O. Reg. 442/91, s. 4.
(6) The pregnancy leave of a person ends on a day earlier than the day provided for in subsection (4) or (5), if the person gives her deputy minister four weeks notice of that day. O. Reg. 442/91, s. 4.
(7) A deputy minister shall grant a leave of absence without pay in accordance with Part XIV of the Employment Standards Act, 2000 to a person who has at least thirteen weeks service with the Crown and who is the parent of a child. O. Reg. 442/91, s. 4; O. Reg. 40/02, s. 12 (2).
(8) Parental leave may begin,
(a) no earlier than the day the child is born or comes into the custody, care and control of the parent for the first time; and
(b) no later than 52 weeks after the day the child is born or comes into the custody, care and control of the parent for the first time. O. Reg. 442/91, s. 4; O. Reg. 40/02, s. 12 (3).
(9) The parental leave of a person who takes pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, care and control of a parent for the first time. O. Reg. 442/91, s. 4.
(10) Parental leave ends not later than 37 weeks after it begins or, in the case of parental leave taken by an employee who also takes pregnancy leave in respect of the same child, 35 weeks after it begins. O. Reg. 40/02, s. 12 (4).
(11) The employee may notify his or her supervisor of the date on which the employee wishes to end his or her parental leave, and the notice must be given at least four weeks before the date chosen by the employee. O. Reg. 40/02, s. 12 (4).
65.1 (1) An employee on pregnancy leave or on parental leave who provides to his or her deputy minister proof that the employee has applied for, and is eligible to receive, benefits under the Employment Insurance Act (Canada) in respect of the pregnancy or adoption is entitled to an allowance under the Supplemental Unemployment Benefit Plan. O. Reg. 442/91, s. 4; O. Reg. 399/01, s. 8 (1).
(1.1) Subsections (1) to (3.3) do not apply with respect to a term classified employee. O. Reg. 40/02, s. 13 (1).
(2) The following is the amount of the pregnancy leave allowance under the Plan for an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association or a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:
1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks.
2. For each of the following weeks of the pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2).
(2.1) The following is the amount of the pregnancy leave allowance under the Plan for an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association:
1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks.
2. For each of the following weeks of the pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2); O. Reg. 1/04, s. 16 (1, 2).
(2.2) The following is the amount of the pregnancy leave allowance under the Plan for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:
1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks.
2. For each of the following weeks of pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2); O. Reg. 1/04, s. 16 (3, 4).
(3) The following is the amount of the parental leave allowance under the Plan for an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association or a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:
1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,
i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks, and
ii. for each of the following weeks of parental leave, to a maximum of 15 weeks, the amount described in paragraph 2.
2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 15 weeks, is an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2).
(3.1) The following is the amount of the parental leave allowance under the Plan for an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association:
1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,
i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks, and
ii. for each of the following weeks of parental leave, to a maximum of 15 weeks, the amount described in paragraph 2.
2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 15 weeks, is an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2); O. Reg. 1/04, s. 16 (5, 6).
(3.2) The following is the amount of the parental leave allowance under the Plan for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:
1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,
i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks, and
ii. for each of the following weeks of parental leave, to a maximum of 15 weeks, the amount described in paragraph 2.
2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 15 weeks, is an amount equal to the difference between,
i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and
ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week. O. Reg. 40/02, s. 13 (2); O. Reg. 1/04, s. 16 (7-10).
(3.3) For the purposes of subsections (2), (2.1), (2.2), (3), (3.1) and (3.2), the employee’s weekly pay must be adjusted to reflect the employee’s progression on the wage grid during the leave and any negotiated or amended wage rates for the classification of the employee’s position that are implemented during the leave. O. Reg. 40/02, s. 13 (2); O. Reg. 1/04, s. 16 (11).
(4) During pregnancy leave or parental leave, a person who participates in the group insurance coverages related to his or her service with the Crown may continue that participation unless he or she elects in writing not to do so. O. Reg. 442/91, s. 4.
(5) Unless a person gives the employer written notice referred to in subsection (4), the employer shall continue to pay the premiums for the group insurance coverages that the employer was paying immediately before the person’s pregnancy leave or parental leave and the person shall continue to pay the premiums for the group insurance coverages that the person was paying immediately before the pregnancy leave or parental leave. O. Reg. 442/91, s. 4.
(6) Subsection 71 (2) does not apply in respect of a person who is on pregnancy leave or parental leave. O. Reg. 442/91, s. 4.
(7) An employee who is on pregnancy leave is entitled to a parental leave of a maximum of 35 weeks without pay but with accumulation of credits. O. Reg. 40/02, s. 13 (3).
(8) An employee who is on parental leave, other than a parental leave described in subsection (7), is entitled to a further leave of absence of a maximum of six weeks without pay but with accumulation of credits, and the further leave must begin immediately after the parental leave expires. O. Reg. 40/02, s. 13 (3).
(9) An employee who wishes to take a leave described in subsection (7) or (8) shall apply for it in writing at least two weeks before the pregnancy leave or parental leave, as the case may be, expires. O. Reg. 40/02, s. 13 (3).
(10) A person returning to work after pregnancy leave, or parental leave or a leave referred to in subsection (8) shall be reinstated to the position the person most recently held with the employer on a regular and not a temporary basis, if the position still exists, or to a comparable position, if it does not. O. Reg. 442/91, s. 4; O. Reg. 40/02, s. 13 (4).
(10.1) Despite subsection (10), the entitlement of a term classified employee to be reinstated ceases when his or her appointment to the term classified service expires. O. Reg. 40/02, s. 13 (5).
(11) The employer shall pay a reinstated person salary that is at least equal to the greater of,
(a) the salary the person was most recently paid by the employer; or
(b) the salary that the person would be earning had the person worked throughout the leaves of absence referred to in subsection (10). O. Reg. 442/91, s. 4.
(12) Despite subsections (4), (5) and (10), if a person is employed for a definite term and that term expires during any leave of absence referred to in subsection (10), the person is not entitled after the expiry of the term,
(a) to continue his or her participation in the group insurance coverages referred to in subsections (4) and (5); or
(b) to reinstatement in accordance with subsection (10). O. Reg. 442/91, s. 4.
jury or witness duty leave
66. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option,
(a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness;
(b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or
(c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness. R.R.O. 1990, Reg. 977, s. 66.
canadian forces reserve training leave
67. A deputy minister may grant leave of absence for not more than one week with pay and not more than one week without pay in a year to an employee in his or her ministry for the purpose of Canadian Forces Reserve training. R.R.O. 1990, Reg. 977, s. 67.
discretionary leave
68. (1) In sections 69 and 70,
“employee” does not include a person appointed to the service of the Crown in the office of a member of the Executive Council. R.R.O. 1990, Reg. 977, s. 68 (1).
(2) A member of the Executive Council may grant leave of absence without pay and without accumulation of credits to any person appointed to the service of the Crown in the office of that member of the Executive Council. R.R.O. 1990, Reg. 977, s. 68 (2).
69. (1) A deputy minister may grant an employee leave of absence with pay for not more than three days in a year upon special or compassionate grounds. R.R.O. 1990, Reg. 977, s. 69 (1).
(2) Leave of absence without pay and without accumulation of credits may be granted to an employee by his or her deputy minister. R.R.O. 1990, Reg. 977, s. 69 (2).
(3) Leave of absence with pay may be granted for special or compassionate purposes to an employee for a period of,
(a) not more than six months with the approval of his or her deputy minister; and
(b) over six months upon the certificate of the Commission and with the approval of the Lieutenant Governor in Council. R.R.O. 1990, Reg. 977, s. 69 (3).
(4) No employee shall absent himself or herself from duty on a leave of absence provided for in this section unless he or she has previously obtained the authorization required by this section. R.R.O. 1990, Reg. 977, s. 69 (4).
(5) An application for leave of absence under this section shall be in writing and shall set out the reasons for the leave of absence. R.R.O. 1990, Reg. 977, s. 69 (5).
70. (1) In this section,
“leave of absence” means a leave of absence for the purpose of undertaking employment under the auspices of the Government of Canada or other public agency or in the private sector. R.R.O. 1990, Reg. 977, s. 70 (1).
(2) A deputy minister may grant to an employee of his or her ministry leave of absence with pay for a period of not more than two years and, if the leave was granted for less than two years, may extend it from time to time, provided the total period of the absence is not more than two years. R.R.O. 1990, Reg. 977, s. 70 (2).
(3) A deputy minister, with the approval of the Secretary of Management Board of Cabinet, may grant to an employee of his or her ministry leave of absence with pay for a period of not more than five years and, if the leave was granted for less than five years, the deputy minister, with the approval of the Secretary of Management Board of Cabinet, may extend it from time to time, provided the total period of the absence is not more than five years. R.R.O. 1990, Reg. 977, s. 70 (3); O. Reg. 12/93, s. 1.
(4) Where a leave of absence was originally granted under subsection (2), the deputy minister, with the approval of the Secretary of Management Board of Cabinet, may extend it from time to time provided the total period of absence does not exceed five years. R.R.O. 1990, Reg. 977, s. 70 (4); O. Reg. 12/93, s. 1.
(5) A deputy minister may grant to an employee of his or her ministry leave of absence without pay and without accumulation of credits for a period of not more than two years and, if the leave was granted for less than two years, may extend it from time to time, provided the total period of the absence is not more than two years. R.R.O. 1990, Reg. 977, s. 70 (5).
(6) A deputy minister, with the approval of the Secretary of Management Board of Cabinet, may grant to an employee of his or her ministry leave of absence without pay and without accumulation of credits for a period of not more than five years and, if the original leave was for less than five years, the deputy minister, with the approval of the Secretary of Management Board of Cabinet, may extend it from time to time, provided the total period of the absence is not more than five years. R.R.O. 1990, Reg. 977, s. 70 (6); O. Reg. 12/93, s. 1.
(7) Where a leave of absence was originally granted under subsection (5), the deputy minister, with the approval of the Secretary of Management Board of Cabinet, may extend the leave of absence from time to time, provided the total period of absence does not exceed five years. R.R.O. 1990, Reg. 977, s. 70 (7); O. Reg. 12/93, s. 1.
(8) Where leave of absence with pay is granted,
(a) the employee is entitled to the same sick leave benefits and vacation credits to which the employee would be entitled if the employee had not taken the leave of absence;
(b) the employee shall submit regular personal attendance reports; and
(c) the employing agency shall reimburse the Minister of Finance,
(i) for the salary of the employee, and
(ii) for contributions made by the Government of Ontario on behalf of the employee in respect of the Public Service Pension Plan, the Canada Pension Plan, the Employment Insurance Act (Canada) and group insurance plans. R.R.O. 1990, Reg. 977, s. 70 (8); O. Reg. 399/01, s. 9.
(9) Where leave of absence without pay and without accumulation of credits is granted, the employee, at the employee’s option, may continue to participate in the group insurance plans in which the employee would have participated if the employee had not taken the leave of absence if the employee pays the full premiums for the coverage under the plans. R.R.O. 1990, Reg. 977, s. 70 (9).
self-funded leave
70.1 (1) The Secretary of Management Board of Cabinet shall plan and provide a self-funded leave plan for civil servants other than commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner and term classified employees. O. Reg. 399/01, s. 10; O. Reg. 40/02, s. 14.
(2) During a self-funded leave, a civil servant’s group insurance benefits continue if the civil servant continues to pay his or her share of the premiums for the insurance during the leave. O. Reg. 399/01, s. 10.
71. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing employees the following group insurance coverages:
1. A Basic Life Insurance Plan.
2. A Supplementary Life Insurance Plan.
3. A Dependents’ Life Insurance Plan.
4. A Long Term Income Protection Plan.
5. A Supplementary Health and Hospital Insurance Plan.
6. A Dental Insurance Plan.
7. A Basic Accidental Death and Dismemberment Plan.
8. A Supplementary Accidental Death and Dismemberment Plan.
9. A Critical Illness Insurance Plan. R.R.O. 1990, Reg. 977, s. 71 (1); O. Reg. 1/04, s. 17 (1).
(2) The group insurance coverage referred to in subsection (1) shall not be provided for an employee during a leave of absence without pay except to the extent that the employee arranges through the payroll or personnel branch of his or her ministry to pay the amount of the full premium for any of the coverages that the employee chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence. R.R.O. 1990, Reg. 977, s. 71 (2).
(3) Within a reasonable time after granting a leave of absence without pay to an employee, the employer shall inform the employee that group insurance coverages during the leave of absence will continue only in accordance with subsection (2). R.R.O. 1990, Reg. 977, s. 71 (3).
(4) Except as stated in this Part, the benefits provided to employees under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters. R.R.O. 1990, Reg. 977, s. 71 (4).
(5) The benefits provided for term classified employees under each group insurance coverage do not have to be the same as the benefits provided for other employees. O. Reg. 40/02, s. 15.
(6) An employee is not entitled to the group insurance coverages listed in paragraphs 7, 8 and 9 of subsection (1) if the employee is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association or is employed as a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 1/04, s. 17 (2).
(7) Each of sections 72 to 78.3 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section. O. Reg. 1/04, s. 17 (2).
72. (1) The Basic Life Insurance Plan shall provide life insurance coverage equal to 100 per cent of the annual salary of every employee, and such coverage shall not be less than $10,000 for a full-time employee and $5,000 for a part-time employee. R.R.O. 1990, Reg. 977, s. 72 (1).
(2) The premium for the Basic Life Insurance Plan coverage shall be paid by the employer. R.R.O. 1990, Reg. 977, s. 72 (2).
73. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the employee, for those employees who choose to participate in the Plan. R.R.O. 1990, Reg. 977, s. 73 (1).
(2) An employee who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan. R.R.O. 1990, Reg. 977, s. 73 (2).
74. (1) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who chooses to participate in the Plan other than an employee to whom subsection (2) or (3) applies, life insurance coverage chosen by the employee as follows:
1. A multiple of $10,000 to a maximum of $200,000 for the spouse of the employee.
2. $1,000, $5,000, $7,500 or $10,000 for each child of the employee.
3. If the employee chooses to insure any of his or her children in an amount set out in paragraph 2, the employee shall insure all of his or her children in the same amount. O. Reg. 280/04, s. 3.
(2) The Dependents’ Life Insurance Plan shall provide, in respect of each commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who chooses to participate in the Plan, life insurance coverage of $2,000 for the spouse of the officer and $1,000 for each child of the officer. O. Reg. 280/04, s. 3.
(3) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association who chooses to participate in the Plan, life insurance coverage as chosen by the employee of either,
(a) $1,000 for the spouse of the employee and $500 for each child of the employee; or
(b) $2,000 for the spouse of the employee and $1,000 for each child of the employee. O. Reg. 280/04, s. 3.
(4) In this section,
“child” means,
(a) an unmarried child who is under 21 years of age,
(b) a child who is 21 years of age or older but not yet 25 years of age and in full-time attendance at an educational institution or on vacation from it, or
(c) a child who is 21 years of age or older and who is mentally or physically infirm and dependent on the employee. O. Reg. 280/04, s. 3.
(5) An employee who participates in the Dependents’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the employee in the Plan. O. Reg. 280/04, s. 3.
75. (1) The Long Term Income Protection Plan shall provide the benefit described in subsection (3) or (3.1) to an employee who participates in the Plan and who is totally disabled, is under the care of or is receiving treatment from a legally qualified medical practitioner and is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which he or she receives a wage or profit. O. Reg. 399/01, s. 11 (1).
(1.1) For the purposes of this section, an employee (other than a term classified employee) is totally disabled if,
(a) during the qualifying period and for the first 24 months of the period in respect of which benefits may be paid, the employee is continuously unable, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation; and
(b) during the balance of the period in respect of which benefits may be paid, the employee is unable, as a result of sickness or injury, to perform the essential duties of any gainful occupation for which the employee is reasonably fitted by education, training or experience. O. Reg. 40/02, s. 17 (1).
(1.2) For the purposes of this section, a term classified employee is totally disabled if, during the qualifying period and during the period in respect of which benefits may be paid, the employee is continuously unable, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation. O. Reg. 40/02, s. 17 (1).
(2) The employee is entitled to receive the benefit beginning immediately after a qualifying period of six continuous months of total disability and continuing until the earliest of,
(a) termination of the total disability;
(b) death; or
(c) the end of the month in which the employee reaches 65 years of age. O. Reg. 399/01, s. 11 (1).
(2.1) Despite subsection (2), the benefit for a term classified employee continues until the earliest of,
(a) 24 months after the employee becomes entitled to receive the benefit;
(b) termination of the total disability;
(c) death;
(d) the end of the month in which the employee reaches 65 years of age; or
(e) the expiry of his or her appointment to the term classified service. O. Reg. 40/02, s. 17 (1).
(3) The amount of the annual benefit payable during a calendar year (the “payment year”) to an employee is calculated using the formula,
A – (B + C)
in which,
“A” is,
(a) for the first payment year in which the benefit is paid, 66⅔ per cent of the employee’s regular salary immediately before the beginning of the qualifying period,
(b) for each subsequent payment year, the amount of “A” for the previous year, increased by the average annual increase, expressed as a percentage, in the Ontario Consumer Price Index as published by Statistics Canada in January of the payment year, to a maximum of 2 per cent,
“B” is the total amount of the other disability and retirement benefits, if any, payable for the year to the employee under any other plans to which the employee contributes, other than payments under the Workplace Safety and Insurance Act, 1997 for an unrelated disability, and
“C” is 50 per cent of any rehabilitation earnings of the employee for the year.
O. Reg. 399/01, s. 11 (1); O. Reg. 1/04, s. 18 (1).
(3.1) Revoked: O. Reg. 1/04, s. 18 (2).
(4) Every employee who is appointed to the civil service on or after the 1st day of March, 1971 shall participate in the Plan. R.R.O. 1990, Reg. 977, s. 75 (4).
(5) An employee who was appointed to the civil service before the 1st day of March, 1971,
(a) where the employee was participating in the Plan on the 19th day of December, 1975, is entitled to continue to participate in the Plan or to cease participating in the Plan; or
(b) where the employee was not participating in the Plan on the 19th day of December, 1975 is, upon producing evidence of medical eligibility satisfactory to the insurer under the Plan, entitled to participate in the Plan, and is thereafter entitled to cease participating in the Plan. R.R.O. 1990, Reg. 977, s. 75 (5).
(6) The employer shall pay 85 per cent of the premium costs for every employee who participates in the Plan, other than commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner, and 90 per cent of the premium costs for those officers, and the employee shall pay the balance of the premium costs through payroll deduction. O. Reg. 40/02, s. 17 (2).
(7) In this section,
“Plan” means the Long Term Income Protection Plan;
“rehabilitation earnings” means earnings for employment following directly after a period of total disability during which the employee is not fully recovered from the disability;
“total disability” means, with respect to an employee, a disability that renders the employee totally disabled as described in subsection (1.1) or (1.2). R.R.O. 1990, Reg. 977, s. 75 (7); O. Reg. 399/01, s. 11 (3); O. Reg. 40/02, s. 17 (3).
76. Where the employer is paying all or part of the premiums for an employee who participates in one or more of the plans referred to in subsection 71 (1) and the employee receives benefits under the Long Term Income Protection Plan, the employer shall continue the premium payments for the period in respect of which the employee is receiving the benefits. R.R.O. 1990, Reg. 977, s. 76.
77. (1) The Supplementary Health and Hospital Insurance Plan shall provide to every employee who joins the Plan, subject to any restrictions set out in this section,
(a) reimbursement for 90 per cent of the cost of drugs and medicine listed in the Canadian Pharmaceutical Association Compendium of Pharmaceuticals and Specialities and dispensed by a legally qualified medical practitioner or by a pharmacist as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act on the written prescription of a legally qualified medical practitioner;
(b) reimbursement for charges for private or semi-private room hospital care made by a hospital within the meaning of the Public Hospitals Act or by a hospital that is licensed or approved by the governing body in the jurisdiction in which the hospital is located not exceeding,
(i) $200 more than the charge by the hospital for standard ward room hospital care, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner,
(ii) the following amount to every employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,
(A) $120 more than the charge by the hospital for standard ward room hospital care, and
(B) despite sub-subclause (A), $100 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on or after January 1, 2008 in respect of an employee who is in a class of position of Crown Counsel 1, 3 or 4, or
(iii) the following amount to every employee to whom subclause (i) or (ii) does not apply,
(A) $75 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received before April 1, 2004, and
(B) $130 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on and after April 1, 2004; and
(c) such other health and hospital expenses as result from treatment and services recommended or approved by a legally qualified medical practitioner as may be provided by the Plan. O. Reg. 1/04, s. 19; O. Reg. 454/06, s. 3 (1).
(2) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who joins the Plan, subject to the following conditions and restrictions:
1. The maximum amount of the reimbursement for the dispensing fee for drugs and medicine is $8 for each prescription.
2. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.
3. The maximum amount of the reimbursement for a drug or medicine (excluding the dispensing fee) is the reasonable and customary cost of the generic form of the drug or medicine.
4. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.
5. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500. O. Reg. 1/04, s. 19.
(3) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every term classified employee who joins the Plan, subject to the following conditions and restrictions:
1. The maximum amount of the reimbursement for a drug or medicine (excluding the dispensing fee) is the reasonable and customary cost of the generic form of the drug or medicine.
2. The maximum amount of the reimbursement for the dispensing fee for drugs and medicine is $8 for each prescription.
3. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.
4. No benefits are payable for expenses incurred outside Canada.
5. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.
6. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500. O. Reg. 1/04, s. 19.
(4) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every employee represented by the Association of Law Officers of the Crown or Ontario Crown Attorneys’ Association who joins the Plan, subject to the following conditions and restrictions:
1. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.
2. The payment of 90 per cent mentioned in clause (1) (a) is subject to a deductible amount of $5 for each Drug Identification Number (DIN).
3. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.
4. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500. O. Reg. 1/04, s. 19.
(5) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every employee to whom subsection (1) applies, other than an employee to whom subsection (2), (3) or (4) applies, subject to the following restrictions:
1. The maximum amount of the reimbursement for a drug or medicine is the reasonable and customary cost of the generic form of the drug or medicine.
2. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.
3. No benefits are payable for expenses incurred outside Canada.
4. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.
5. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500. O. Reg. 1/04, s. 19.
(6) Subsection (5) applies with respect to health and hospital expenses incurred for treatment or services provided on and after April 1, 2004. O. Reg. 1/04, s. 19.
(7) The employer shall pay,
(a) the premiums for every full-time employee who joins the Supplementary Health and Hospital Insurance Plan; and
(b) 40, 50, 60, 70 or 80 per cent of the premiums for every part-time employee who joins the Supplementary Health and Hospital Insurance Plan, whichever percentage is closest to the relation that the employee’s regularly scheduled hours of work bear to full employment, and the employee shall pay the balance of the premium through payroll deduction. O. Reg. 1/04, s. 19.
(8) An employee may elect to participate in the Supplementary Health and Hospital Insurance Plan,
(a) on appointment;
(b) in December of any year, for coverage commencing on the 1st day of January next following, if the employee has satisfied the waiting period of the Plan and the employee,
(i) did not join the Plan on appointment, or
(ii) previously opted out of the Plan; or
(c) on providing evidence that similar coverage available to the employee under the Plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence. O. Reg. 1/04, s. 19.
(9) An employee may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month. O. Reg. 1/04, s. 19.
(10) The Supplementary Health and Hospital Insurance Plan shall provide the cost of vision care,
(a) to a maximum of $300 per person every 24 months, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner;
(b) to a maximum of $300 every six months due to a change in prescription, for each child aged 12 years of age or less of a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner;
(c) to a maximum of the following amount, to every employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, who is in a class of position of Crown Counsel 1, 3 or 4 and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,
(i) $300 per person every 24 months for vision care provided before January 1, 2008, and
(ii) $350 per person every 24 months for vision care provided on or after January 1, 2008, which amount includes a maximum of $75 per person every 24 months for one routine eye examination; and
(d) to a maximum of the following amount, to every employee to whom clause (a) or (c) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,
(i) $200 per person every 24 months for vision care provided before April 1, 2004, and
(ii) $300 per person every 24 months for vision care provided on and after April 1, 2004. O. Reg. 1/04, s. 19; O. Reg. 454/06, s. 3 (2).
(11) The Supplementary Health and Hospital Insurance Plan shall provide the cost of the purchase and repair of a hearing aid (other than the replacement of a battery),
(a) to a maximum of $1,000 per person every three years, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner; and
(b) Revoked: O. Reg. 454/06, s. 3 (3).
(c) to the following maximum, to every employee to whom clause (a) or (b) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,
(i) a lifetime maximum of $200 per person for the cost of purchasing or repairing a hearing aid incurred before April 1, 2004, and
(ii) a maximum of $2,500 per person every five years for the cost of purchasing or repairing a hearing aid incurred on or after April 1, 2004. O. Reg. 1/04, s. 19; O. Reg. 454/06, s. 3 (3).
(11.1) The Supplementary Health and Hospital Insurance Plan shall provide, to a maximum of $2,500 per person every five years, the cost of the purchase and repair of a hearing aid, other than the replacement of a battery, to each employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who elects to participate in the Plan’s additional coverage for vision care and hearing aids. O. Reg. 454/06, s. 3 (4).
(11.2) Despite subsection (11.1), on and after January 1, 2008, the Supplementary Health and Hospital Insurance Plan shall provide, to a maximum of $2,500 per person every five years, the cost of the purchase and repair of a hearing aid, including the replacement of a battery, to each employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who elects to participate in the Plan’s additional coverage for vision care and hearing aids and who is in a class of position of Crown Counsel 1, 3 or 4. O. Reg. 454/06, s. 3 (4).
(12) The additional coverage described in subsections (10) to (11.2) is subject to the following deductible amount, other than for commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner:
1. $10 for each calendar year for an employee with single coverage.
2. $10 per person for each calendar year to a maximum of $20 for an employee with family coverage. O. Reg. 1/04, s. 19; O. Reg. 454/06, s. 3 (5).
(13) An employee represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association and who elects to participate in the Plan’s additional coverage for vision care and hearing aids is not subject to the deductible amount imposed under subsection (12) for vision care provided on or after January 1, 2004 or for hearing aids purchased or repaired on or after January 1, 2004. O. Reg. 1/04, s. 19.
(14) For the additional coverage described in subsection (10), the employer shall pay 100 per cent of the premiums for each commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner. O. Reg. 1/04, s. 19.
(15) For the additional coverage described in subsection (10), the employer shall pay the following percentage of the premiums for each participating full-time employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association,
(a) for premiums payable before January 1, 2004, 60 per cent;
(b) for premiums payable on or after January 1, 2004, 80 per cent. O. Reg. 1/04, s. 19.
(16) For the additional coverage described in subsection (10), the employer shall pay the following percentage of the premiums for each participating full-time employee other than an employee to whom subsection (14) or (15) applies,
(a) for premiums payable before April 1, 2004, 60 per cent; and
(b) for premiums payable on or after April 1, 2004, 80 per cent. O. Reg. 1/04, s. 19.
(17) For the additional coverage described in subsection (10), the employer shall pay 60 per cent of the percentage of monthly premiums that apply in clause (7) (b) for each participating part-time employee other than an employee to whom subsection (14) applies. O. Reg. 1/04, s. 19.
(18) For the additional coverage described in subsection (11), the employer shall pay 60 per cent of the premiums for each participating full-time employee other than an employee to whom subsection (14) applies. O. Reg. 1/04, s. 19.
(19) For the additional coverage described in subsection (11), the employer shall pay 60 per cent of the percentage of monthly premiums that apply in clause (7) (b) for each participating part-time employee other than an employee to whom subsection (14) applies. O. Reg. 1/04, s. 19.
(20) In this section,
“optometrist” means a member of the College of Optometrists of Ontario;
“physician” means a member of the College of Physicians and Surgeons of Ontario;
“vision care” means eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a physician or an optometrist, and includes the fitting of such eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses. O. Reg. 1/04, s. 19.
78. (1) Subject to subsection (1.0.1), the Dental Insurance Plan shall reimburse every employee who elects to participate in the Plan, other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner or a term classified employee, for the following expenses and the reimbursement is in the following amount:
1. Eighty-five per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan. However, the amount of the reimbursement shall not exceed the following:
i. Subject to subparagraph ii, 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners that is in effect when the expense is incurred.
ii. For services provided on or after July 1, 2008, where the employee is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and is in a class of position of Crown Counsel 1, 3 or 4, 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners that is in effect one year before the expense is incurred.
2. Fifty per cent of the cost of new dentures specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 per person is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse and each dependent child of the employee.
3. Fifty per cent of the cost of orthodontic services specified by the Plan and provided to unmarried dependent children of the employee who are more than six years old and less then 19 years old, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 is the maximum reimbursement under this paragraph in respect of each dependent child of the employee.
4. Fifty per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $2,000 per person per year is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse and each dependent child of the employee. O. Reg. 399/01, s. 13; O. Reg. 40/02, s. 19 (1); O. Reg. 1/04, s. 20 (1); O. Reg. 280/04, s. 4 (1); O. Reg. 454/06, s. 4.
(1.0.1) The benefits described in subsection (1) are subject to the restriction that the employee to whom this subsection applies under subsection (1.0.2) is not entitled to be reimbursed for more than one recall examination by a dentist,
(a) every nine months for an individual who is over 12 years old; and
(b) every six months for a younger individual. O. Reg. 1/04, s. 20 (2).
(1.0.2) Subsection (1.0.1) applies,
(a) on or after January 19, 2004, to an employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association; and
(b) on or after April 1, 2004, to any employee who is entitled to be reimbursed under subsection (1) other than an employee described in clause (a). O. Reg. 1/04, s. 20 (2).
(1.0.3) The benefits described in subsection (1) are subject to a deductible amount each year of $25 for an individual and $50 for a family in the case of an employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association. O. Reg. 1/04, s. 20 (2).
(1.1) The Dental Insurance Plan shall reimburse every term classified employee who elects to participate in the Plan for the expenses, and in the amounts, described in paragraphs 1, 2 and 4 of subsection (1), subject to the following conditions and restrictions:
1. Coverage under the Plan for an individual or family is subject to a $100 deductible amount each year.
2. The employee is not entitled to be reimbursed for more than one recall examination by a dentist every nine months for an individual over 12 years old and every six months for a younger individual. O. Reg. 40/02, s. 19 (2).
(2) Subject to subsection (3), if a commissioned officer in the Ontario Provincial Police Force below the rank of deputy commissioner elects to participate in the Dental Insurance Plan, the Plan shall reimburse the officer for the following expenses and in the following amount:
1. Ninety per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not to exceed 90 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred. However, the employee is not entitled to be reimbursed for more than one recall examination by a dentist every nine months for an individual over 12 years old and every six months for a younger individual.
2. Sixty per cent of the cost of new dentures and major restorative and orthodontic services specified by the Plan, to a maximum of 60 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $2,000 per year is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse and each dependent child of the employee. O. Reg. 399/01, s. 13; O. Reg. 40/02, s. 19 (3, 4); O. Reg. 1/04, s. 20 (3); O. Reg. 280/04, s. 4 (1).
(3) The benefits described in subsection (2) are subject to the restriction that the employee to whom subsection (2) applies is not entitled to be reimbursed for more than one recall examination by a dentist,
(a) every nine months for an individual who is over 12 years old; and
(b) every six months for a younger individual. O. Reg. 1/04, s. 20 (4).
(4) The employer shall pay,
(a) the premiums for every full-time employee who joins the Dental Insurance Plan; and
(b) 40, 50, 60, 70 or 80 per cent of the premiums of the Dental Insurance Plan for every part-time employee who joins the Plan, whichever percentage is closest to the relation that the employee’s regularly scheduled hours of work bear to full employment and the employee shall pay the balance of the premium through payroll deduction. R.R.O. 1990, Reg. 977, s. 78 (4).
(5) An employee may elect to participate in the Dental Insurance Plan,
(a) on appointment; or
(b) in December of any year for coverage commencing on the 1st day of January next following, if the employee has satisfied the waiting period of the Plan and the employee,
(i) did not join the Plan on appointment, or
(ii) previously opted out of the Plan; or
(c) on providing evidence that similar coverage available to the employee under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or next following the presentation of the evidence. R.R.O. 1990, Reg. 977, s. 78 (5).
(6) An employee may elect in December of any year to opt out of the Dental Insurance Plan and coverage shall cease at the end of that month. R.R.O. 1990, Reg. 977, s. 78 (6).
78.1 (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee, and up to $25,000 in the case of a part-time employee. O. Reg. 1/04, s. 21.
(2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer. O. Reg. 1/04, s. 21.
78.2 (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan. O. Reg. 1/04, s. 21.
(2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation. O. Reg. 1/04, s. 21.
78.3 (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the plan. O. Reg. 1/04, s. 21.
(2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation. O. Reg. 1/04, s. 21.
79. (1) A full-time employee who was appointed before the 1st day of January, 1970 and who ceases to be an employee is entitled to be paid an amount in respect of remaining accumulated attendance credits in an amount computed by multiplying half of the number of days of remaining accumulated attendance credits at the date of ceasing to be an employee by the employee’s annual salary at the date of ceasing to be an employee and dividing the product by 261. R.R.O. 1990, Reg. 977, s. 79.
(2) This section does not apply to a term classified employee. O. Reg. 40/02, s. 21.
80. (1) Despite section 79, a full-time employee who was appointed on or after the 1st day of October, 1965 and before the 1st day of January, 1970 who ceases to be an employee because of,
(a) death;
(b) retirement under section 17 of the Public Service Act;
(b.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan; or
(c) release from employment under subsection 22 (4) of the Public Service Act,
is entitled to receive, for continuous service up to and including the 31st day of December, 1975,
(d) severance pay equal to one-half week of salary for each year of continuous service before the 1st day of January, 1970 and one week of salary for each year of continuous service from and including the 1st day of January, 1970; or
(e) the amount in respect of his or her accumulated attendance credits computed in accordance with section 79,
but he or she is not entitled to receive both of these benefits. R.R.O. 1990, Reg. 977, s. 80; O. Reg. 399/01, s. 14.
(2) This section does not apply to a term classified employee. O. Reg. 40/02, s. 22.
81. (1) A full-time employee who is appointed on or after the 1st day of January, 1970 is entitled to severance pay for each year of continuous service up to and including the 31st day of December, 1975,
(a) where the employee has completed one year of continuous service and ceases to be an employee because of,
(i) death,
(ii) retirement under section 17 of the Public Service Act,
(ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or
(iii) release from employment under subsection 22 (4) of the Public Service Act,
in an amount equal to one week of salary for each year of service; or
(b) where the employee has completed five years of continuous service and ceases to be an employee for any reason other than,
(i) dismissal for cause under section 22 of the Act, or
(ii) abandonment of position under section 20 of the Act,
in an amount equal to one week of salary for each year of service. R.R.O. 1990, Reg. 977, s. 81; O. Reg. 399/01, s. 15.
(2) This section does not apply to a term classified employee. O. Reg. 40/02, s. 23.
82. Despite the definition of “continuous service” in subsection 56 (1), for the purposes of sections 83 to 87, a leave of absence without pay granted to a civil servant under section 20 or 21, or an absence for a period not exceeding two years in respect of which a direction has been given under section 23, shall be deemed not to interrupt a period of continuous service ending immediately before and commencing immediately after the absence, and shall not be included as part of the continuous service of the civil servant. R.R.O. 1990, Reg. 977, s. 82.
83. (1) An employee,
(a) who has completed a minimum of one year of continuous service and who ceases to be an employee because of,
(i) death,
(ii) retirement under section 17 of the Public Service Act,
(ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or
(iii) release from employment under subsection 22 (4) of the Public Service Act; or
(b) who has completed a minimum of five years of continuous service and who ceases to be an employee for any reason other than,
(i) dismissal for cause under section 22 of the Act, or
(ii) abandonment of position under section 20 of the Act,
is entitled to severance pay for continuous service from and after the 1st day of January, 1976,
(c) equal to one week of salary for each year of continuous service as a full-time employee from and after that date; and
(d) equal to that portion of a week’s salary that is equal to the portion the employee’s regularly scheduled hours of work bear to full employment, for each year of continuous service as a part-time employee. R.R.O. 1990, Reg. 977, s. 83 (1); O. Reg. 399/01, s. 16.
(1.1) Subsection (1) does not apply to a term classified employee. O. Reg. 40/02, s. 24.
(1.2) Subsection (1) does not apply to any of the following employees in respect of service on or after January 1, 2005:
1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,
i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and
ii. who ceases to be employed in the public service because he or she has resigned.
2. An employee,
i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and
ii. who ceases to be employed in the public service because he or she has resigned.
3. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,
i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and
ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.
4. An employee,
i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and
ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.
5. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorney’s Association who is in a class of position of Crown Counsel 1, 3 or 4,
i. who first becomes employed in the public service on or after April 5, 2006, and
ii. who ceases to be employed in the public service,
A. because he or she has resigned, or
B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.
6. An employee who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5,
i. who first becomes employed in the public service on or after April 5, 2006, and
ii. who ceases to be employed in the public service,
A. because he or she has resigned, or
B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. O. Reg. 454/06, s. 5.
(2) For the purpose of clause (1) (d),
“week’s salary” means the salary the employee would receive if the employee were in full employment. R.R.O. 1990, Reg. 977, s. 83 (2).
(3) Despite the definition of “continuous service” in subsection 56 (1), for the purpose of this section, an employee’s period of continuous service under the Legislative Assembly Act immediately prior to the employee’s appointment as a public servant under the Public Service Act shall be taken into account in computing the minimum period of continuous service mentioned in clause (1) (b) and in computing the severance pay mentioned in subsection (1), but the severance pay to which the employee is entitled under that subsection shall be reduced by an amount equal to the amount, if any, of the severance pay received by the employee in respect of the termination of his or her service under the Legislative Assembly Act for any period of such service that is also taken into account in computing his or her severance pay under subsection (1). R.R.O. 1990, Reg. 977, s. 83 (3).
(4) In subsection (3),
“service under the Legislative Assembly Act” includes continuous service for at least one year as an employee of the caucus of a political party or of a member of the Assembly where the employee’s salary is paid out of money appropriated for the use of the caucus or member under the Legislative Assembly Act. R.R.O. 1990, Reg. 977, s. 83 (4).
83.1 (1) This section applies to the following employees if they have completed less than five years of continuous service on or before April 5, 2006:
1. A employee who, on April 5, 2006, is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in a class of position of Crown Counsel 1, 3 or 4 either in the classified or the unclassified service.
2. An employee who, on April 5, 2006, is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 either in the classified or the unclassified service. O. Reg. 454/06, s. 6.
(2) The following employees in the classified service are entitled to severance pay under this section for their continuous service on or before December 31, 2004:
1. An employee in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 who ceases to be employed in the public service,
i. because he or she has resigned, or
ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.
2. An employee who, on April 5, 2006, is in a position in the unclassified service in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5, who is appointed on or before December 31, 2006 to a position in the classified service in one of those classes of positions and who ceases to be employed in the public service,
i. because he or she has resigned, or
ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. O. Reg. 454/06, s. 6.
(3) Subsections 83 (2), (3) and (4) apply, with necessary modifications, with respect to severance pay to which an employee is entitled under this section. O. Reg. 454/06, s. 6.
84. (1) Despite section 86, where in the opinion of the Commission special circumstances exist, a payment may be made by way of termination allowance, with the approval of the Lieutenant Governor in Council, to an employee on the termination of the employment of the employee. R.R.O. 1990, Reg. 977, s. 84.
(2) This section does not apply to a term classified employee. O. Reg. 40/02, s. 25.
85. An employee on probationary staff is not entitled to severance pay under sections 80 to 83. R.R.O. 1990, Reg. 977, s. 85.
86. (1) The total of the amount paid to an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary on the date when he or she ceases to be an employee. O. Reg. 40/02, s. 26.
(1.1) The calculation of the severance pay of an employee to whom subsection (1) applies is based on his or her salary on the date when he or she ceases to be an employee. O. Reg. 40/02, s. 26.
(2) The total of the amount paid to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary,
(a) on the date when he or she ceases to be an employee; or
(b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan. O. Reg. 40/02, s. 26.
(2.1) The calculation of the severance pay of an employee to whom subsection (2) applies is based on his or her salary,
(a) on the date when he or she ceases to be an employee; or
(b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan. O. Reg. 40/02, s. 26.
(2.2) Subsections (1) and (2) do not apply to a term classified employee. O. Reg. 40/02, s. 26.
(3) Where a computation for severance pay involves part of a year, the computation in respect of that part shall be made on a monthly basis, and,
(a) any part of a month that is less than fifteen days shall be disregarded; and
(b) any part of a month that is fifteen or more days shall be deemed to be a month. R.R.O. 1990, Reg. 977, s. 86 (3).
(4) For the purposes of this section, the salary of a part-time employee shall be determined as if he or she were in full employment. R.R.O. 1990, Reg. 977, s. 86 (4).
87. (1) An employee may receive only one termination payment for a given period of continuous service. R.R.O. 1990, Reg. 977, s. 87 (1).
(2) An employee whose total period of service is interrupted by a hiatus in service may, at the employee’s option, repay any termination payment received as a result of that absence to the Minister of Finance, and thereby restore termination pay entitlements for the period of continuous service for which the payment had been made. R.R.O. 1990, Reg. 977, s. 87 (2).
(2.1) Subsections (1) and (2) do not apply to a term classified employee. O. Reg. 40/02, s. 27.
(3) An employee who intends to terminate his or her employment and who would, upon the termination of employment, be entitled to a termination payment under section 79, 80, 81 or 83 may elect, in lieu of the payment provided for in those sections, to take a leave of absence with pay of not more than the lesser of,
(a) the length of time determined under those sections for computing the termination payment to which the employee would be entitled; and
(b) the length of time between the commencement of the leave of absence with pay and the end of the month in which the employee will attain sixty-five years of age. R.R.O. 1990, Reg. 977, s. 87 (3).
(4) The employment of an employee who has elected under subsection (3) to take a leave of absence with pay continues until the end of the leave of absence. R.R.O. 1990, Reg. 977, s. 87 (4).
(5) Subject to subsection (6), an employee’s entitlement to a termination payment under section 79, 80, 81 or 83 shall be reduced to reflect the time taken by the employee under subsection (3) as a leave of absence with pay. R.R.O. 1990, Reg. 977, s. 87 (5).
(6) Where a leave of absence with pay under section 69 has been granted to an employee,
(a) in consequence of the employee’s intended termination of employment and election to take a leave of absence with pay under subsection (3); and
(b) for a period of time equal to the leave of absence with pay taken by the employee under subsection (3),
the employee’s entitlement to a termination payment under section 79, 80, 81 or 83 shall be reduced to reflect one-half of the time taken by the employee under subsection (3) as a leave of absence with pay, and one-half of each day of the total number of days of leave granted under section 69 and of leave taken under subsection (3) shall be allocated to each of the leaves of absence. R.R.O. 1990, Reg. 977, s. 87 (6).
(7) Subsections (3) to (6) apply despite section 79, 80, 81 or 83. R.R.O. 1990, Reg. 977, s. 87 (7).
88. (1) Where a full-time employee who has served for more than six months dies, there shall be paid to the employee’s personal representative or if there is no personal representative to such person as the Commission determines, the sum of one-twelfth of the employee’s annual salary. R.R.O. 1990, Reg. 977, s. 88 (1).
(2) Any severance pay to which a full-time employee other than a term classified employee is entitled under this Part shall be reduced by an amount equal to any entitlement under subsection (1). R.R.O. 1990, Reg. 977, s. 88 (2); O. Reg. 40/02, s. 28.
88.1 (1) If a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is killed in the line of duty, his or her surviving spouse or dependents are entitled to be reimbursed for the funeral and burial expenses, up to a maximum amount of $12,000. O. Reg. 674/00, s. 2; O. Reg. 280/04, s. 4 (2).
(2) This section applies with respect to an officer who is killed on or after December 31, 1999. O. Reg. 674/00, s. 2.
88.2 (1) Every full-time commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who is required to provide and wear ordinary clothing as part of his or her duties is entitled to be reimbursed for expenses incurred to buy the clothing, up to a maximum of $1,100 for the year. O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (1).
(2) Every part-time commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who is required to provide and wear ordinary clothing as part of his or her duties is entitled to be reimbursed for expenses incurred to buy the clothing, up to a maximum for a year of the amount calculated using the formula,
$1,100 × A/B
in which,
“A” is the number of the officer’s weekly hours of work, and
“B” is the number of weekly hours of work of a full-time officer.
O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (2).
(3) Despite subsections (1) and (2), if the officer is required to provide and wear ordinary clothing as part of his or her duties for less than the entire year but more than 30 days in the year, the amount of the reimbursement to which the officer is entitled is calculated using the formula,
in which,
“C” is the number of hours during the year when the officer is required to wear ordinary clothing as part of his or her duties.
O. Reg. 674/00, s. 2; O. Reg. 1/04, s. 22 (2).
(4) Despite subsections (1) and (2), an officer who is required to provide and wear ordinary clothing as part of his or her duties for 30 days or less in a year is not entitled to be reimbursed for expenses incurred to buy the clothing. O. Reg. 674/00, s. 2.
(5) An officer who is entitled to be reimbursed under this section shall submit one claim in January for the preceding year and the claim must be accompanied by receipts for all of the expenses claimed. O. Reg. 674/00, s. 2.
part vii
benefits — unclassified mcp employees, full work week
Application and Interpretation
88.3 This Part applies to every public servant who regularly works 36¼ or 40 hours per week in a ministry of the Government of Ontario but it does not apply to,
(a) a public servant to whom Part VI , VIII or IX applies;
(b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;
(c) a public servant whose duties are similar to those performed by a civil servant within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;
(d) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help;
(e) a student employed during the student’s regular vacation period or on a co-operative educational training program;
(f) an executive assistant to a minister; or
(g) a psychiatrist employed in a professional capacity. O. Reg. 1/04, s. 24.
89. In this Part,
“Civic Holiday” means the first Monday in August;
“employee” means a public servant to whom this Part applies by virtue of section 88.3;
“employer” means the Crown. R.R.O. 1990, Reg. 977, s. 89; O. Reg. 168/96, s. 8; O. Reg. 1/04, s. 26.
90. (1) An employee is entitled to a holiday in each year on each of the following days:
1. New Year’s Day
2. Good Friday
3. Easter Monday
4. Victoria Day
5. Canada Day
6. Civic Holiday
7. Labour Day
8. Thanksgiving Day
9. Remembrance Day
10. Christmas Day
11. Boxing Day
12. Any special holiday proclaimed by the Governor General or the Lieutenant Governor. R.R.O. 1990, Reg. 977, s. 90 (1).
(2) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein. R.R.O. 1990, Reg. 977, s. 90 (2).
(3) An employee required to work on any holiday specified in subsection (1) is entitled to a compensating day as a holiday in lieu thereof. R.R.O. 1990, Reg. 977, s. 90 (3).
(4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday the next regular working day thereafter is in lieu thereof a holiday. R.R.O. 1990, Reg. 977, s. 90 (4).
(5) Subsection (4) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis. R.R.O. 1990, Reg. 977, s. 90 (5).
91. (1) An employee is entitled to vacation credits at the rate of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay. R.R.O. 1990, Reg. 977, s. 91 (1).
(2) An employee who leaves the public service prior to the completion of six months service is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment. R.R.O. 1990, Reg. 977, s. 91 (2).
(3) An employee who has completed six or more months of continuous service in the public service shall be paid for any unused vacation standing to his or her credit at the date he or she ceases to be an employee. R.R.O. 1990, Reg. 977, s. 91 (3).
(4) An employee may take vacation leave of absence only to the limit of his or her earned vacation credits, may not take vacation leave of absence during the first six months of employment and his or her accumulated vacation credits shall be reduced by the vacation leave of absence taken. R.R.O. 1990, Reg. 977, s. 91 (4).
Attendance Credits and Sick Leave
92. (1) An employee is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay. R.R.O. 1990, Reg. 977, s. 92 (1).
(2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken. R.R.O. 1990, Reg. 977, s. 92 (2).
(3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated by the person under this Part in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the person is appointed in the classified service cease to stand to the credit of the person. R.R.O. 1990, Reg. 977, s. 92 (3).
(4) In this section,
“short term sickness plan” means the short term sickness plan described in section 60. R.R.O. 1990, Reg. 977, s. 92 (4).
93. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties. R.R.O. 1990, Reg. 977, s. 93 (1).
(2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days. R.R.O. 1990, Reg. 977, s. 93 (2).
94. (1) An employee who otherwise would be at work is entitled,
(a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or
(b) in the case of the death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day leave of absence with pay. R.R.O. 1990, Reg. 977, s. 94; O. Reg. 71/00, s. 5; O. Reg. 280/04, s. 4 (2).
(2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006. O. Reg. 454/06, s. 7.
94.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4. O. Reg. 454/06, s. 8.
(2) An employee who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian. O. Reg. 454/06, s. 8.
(3) An employee who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild. O. Reg. 454/06, s. 8.
95. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option,
(a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness;
(b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or
(c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness. R.R.O. 1990, Reg. 977, s. 95.
Pay in Lieu of Group Insurance
95.1 (1) Every employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits in respect of periods of employment on and after January 1, 2004. O. Reg. 454/06, s. 9.
(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:
1. A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.
2. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4.
3. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5. O. Reg. 454/06, s. 9.
95.1.1 (1) Each of the following employees who complete one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance in respect of periods of employment on and after July 26, 2002 and before April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4.
2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5. O. Reg. 454/06, s. 9.
(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:
1. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the applicable salary schedule established by Order-in-Council for the class of position.
2. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and,
i. who was employed on July 25, 2002 in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) and has continued to be so employed since that date but for a break in service of less than 13 weeks, or
ii. who was not employed on July 25, 2002 but whose employment in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) after July 25, 2002 began on a date less than 13 weeks from the last day of employment before July 25, 2002, and has been continuous since then but for a break in service of less than 13 weeks.
3. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks. O. Reg. 454/06, s. 9.
(3) A pregnancy leave or parental leave under the Employment Standards Act, 2000 is not a break in service for the purposes of paragraphs 2 and 3 of subsection (2). O. Reg. 454/06, s. 9.
(4) For the purposes of subparagraph 2 ii of subsection (2), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000. O. Reg. 454/06, s. 9.
95.1.2 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006.
2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006.
3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.
4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006. O. Reg. 454/06, s. 9.
95.1.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006.
2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006. O. Reg. 454/06, s. 9.
part viii
benefits — other unclassified mcp employees and unclassified excluded employees
Application and Interpretation
95.2 This Part applies to every public servant other than,
(a) a public servant to whom Part VI, VII or IX applies;
(b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;
(c) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help;
(d) a student employed during the student’s regular vacation period or on a co-operative educational training program;
(e) an executive assistant to a minister; or
(f) a psychiatrist employed in a professional capacity. O. Reg. 1/04, s. 29.
96. (1) In this Part,
“Civic Holiday” means the first Monday in August;
“employee” means a public servant to whom this Part applies by virtue of section 95.2;
“employer” means the Crown;
“holiday” means,
(a) New Year’s Day,
(b) Good Friday,
(c) Easter Monday,
(d) Victoria Day,
(e) Canada Day,
(f) Civic Holiday,
(g) Labour Day,
(h) Thanksgiving Day,
(i) Remembrance Day,
(j) Christmas Day,
(k) Boxing Day, or
(l) any special holiday proclaimed by the Governor General or the Lieutenant Governor. R.R.O. 1990, Reg. 977, s. 96 (1); O. Reg. 168/96, s. 9; O. Reg. 1/04, s. 30.
(2) Despite the definition of “holiday” in subsection (1), when a holiday falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, “holiday” means the regular working day or days, as the case may be, next following or, if the next following regular working day is also a holiday, the next regular working day thereafter. R.R.O. 1990, Reg. 977, s. 96 (2).
(3) Subsection (2) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis. R.R.O. 1990, Reg. 977, s. 96 (3).
97. Every employee is entitled as holiday compensation to additional pay equal to 4 per cent of total earnings other than vacation compensation. R.R.O. 1990, Reg. 977, s. 97.
98. Every employee is entitled to an additional amount equal to 4 per cent of total earnings as vacation compensation. R.R.O. 1990, Reg. 977, s. 98.
Attendance Credits and Sick Leave
99. (1) An employee who regularly works 36¼ or 40 hours per week is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or on leave of absence with pay. R.R.O. 1990, Reg. 977, s. 99 (1).
(2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken. R.R.O. 1990, Reg. 977, s. 99 (2).
(3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated under this Part in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the person is appointed in the classified service cease to stand to the credit of the person. R.R.O. 1990, Reg. 977, s. 99 (3).
(4) In this section,
“short term sickness plan” means the plan described in section 60. R.R.O. 1990, Reg. 977, s. 99 (4).
100. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties. R.R.O. 1990, Reg. 977, s. 100 (1).
(2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days. R.R.O. 1990, Reg. 977, s. 100 (2).
101. (1) An employee who regularly works more than twenty-four hours per week and who otherwise would be at work is entitled,
(a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or
(b) in the case of death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day of leave of absence with pay. R.R.O. 1990, Reg. 977, s. 101; O. Reg. 71/00, s. 6; O. Reg. 280/04, s. 4 (2).
(2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4 with respect to a person’s death on or after April 5, 2006. O. Reg. 454/06, s. 10.
101.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4. O. Reg. 454/06, s. 11.
(2) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian. O. Reg. 454/06, s. 11.
(3) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild. O. Reg. 454/06, s. 11.
102. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option,
(a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness; or
(b) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness. R.R.O. 1990, Reg. 977, s. 102.
Pay in Lieu of Group Insurance
103. (1) Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits in respect of periods of employment on and after January 1, 2004:
1. An employee who regularly works 36 1/4 or 40 hours per week and who is a public servant described in clause 88.3 (c). O. Reg. 454/06, s. 12.
(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:
1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4.
2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5. O. Reg. 454/06, s. 12.
103.1 (1) Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance in respect of periods of employment on and after July 26, 2002 and before April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4.
2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5. O. Reg. 454/06, s. 12.
(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:
1. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the applicable salary schedule established by Order-in-Council for the class of position.
2. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and,
i. who was employed on July 25, 2002 in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) and has continued to be so employed since that date but for a break in service of less than 13 weeks, or
ii. who was not employed on July 25, 2002 but whose employment in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) after July 25, 2002 began on a date less than 13 weeks from the last day of employment before July 25, 2002, and has been continuous since then but for a break in service of less than 13 weeks.
3. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks. O. Reg. 454/06, s. 12.
(3) A pregnancy leave or parental leave under the Employment Standards Act, 2000 is not a break in service for the purposes of paragraphs 2 and 3 of subsection (2). O. Reg. 454/06, s. 12.
(4) For the purposes of subparagraph 2 ii of subsection (2), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000. O. Reg. 454/06, s. 12.
103.2 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006.
2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006.
3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.
4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006. O. Reg. 454/06, s. 12.
103.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:
1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006.
2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006. O. Reg. 454/06, s. 12.
part ix
benefits — unclassified smg employees
Application and Interpretation
104. This Part applies to every Crown employee who is a member of the Senior Management Group and who is not a civil servant. O. Reg. 1/04, s. 32.
105. In this Part,
“employee” means a Crown employee to whom this Part applies by virtue of section 104. O. Reg. 1/04, s. 32.
106. (1) An employee is entitled to a holiday in each year on each of the holidays listed in subsection 58 (1). O. Reg. 1/04, s. 32.
(2) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein. O. Reg. 1/04, s. 32.
(3) An employee required to work on any holiday specified in subsection (1) is entitled to a compensating day as a holiday in lieu thereof. O. Reg. 1/04, s. 32.
(4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday, the next regular working day thereafter is in lieu thereof a holiday. O. Reg. 1/04, s. 32.
(5) Subsection (4) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled weekend work on a regular or recurring basis. O. Reg. 1/04, s. 32.
107. (1) An employee is entitled to vacation credits at the rate of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay. O. Reg. 1/04, s. 32.
(2) An employee who leaves the public service prior to the completion of six months service is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment. O. Reg. 1/04, s. 32.
(3) An employee who has completed six or more months of continuous service in the public service shall be paid for any unused vacation standing to his or her credit at the date he or she ceases to be an employee. O. Reg. 1/04, s. 32.
(4) An employee may take vacation leave of absence only to the limit of his or her earned vacation credits, may not take vacation leave of absence during the first six months of employment and his or her accumulated vacation credits shall be reduced by the vacation leave of absence taken. O. Reg. 1/04, s. 32.
Attendance Credits and Sick Leave
108. (1) An employee is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay. O. Reg. 1/04, s. 32.
(2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken. O. Reg. 1/04, s. 32.
(3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated by the person under this Part cease to stand to the credit of the person. O. Reg. 1/04, s. 32.
109. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties. O. Reg. 1/04, s. 32.
(2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days. O. Reg. 1/04, s. 32.
110. An employee who otherwise would be at work is entitled,
(a) in the case of the death of his or her spouse, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or
(b) in the case of the death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day leave of absence with pay. O. Reg. 1/04, s. 32; O. Reg. 280/04, s. 4 (2).
111. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option,
(a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness;
(b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or
(c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness. O. Reg. 1/04, s. 32.
Pay in Lieu of Group Insurance
112. (1) Every full-time employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits. O. Reg. 1/04, s. 32.
(2) The cash benefit described in subsection (1) is payable in respect of any period of employment under an employment contract that is entered into or renewed on or after January 19, 2004. O. Reg. 1/04, s. 32.
(3) With the consent of his or her supervisor, an employee may elect to receive the group insurance benefits described in sections 113 to 121 instead of receiving the annual cash benefit described in subsection (1). O. Reg. 1/04, s. 32.
(4) The employee is required to make the election in writing when he or she enters into or renews the contract of employment and the election is irrevocable during the term of the contract. O. Reg. 1/04, s. 32.
113. The group insurance benefits described in sections 114 to 121 apply only in respect of employees who made the election described in subsection 112 (3) in accordance with subsection 112 (4). O. Reg. 1/04, s. 32.
114. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing the following group insurance coverages for employees:
1. A Basic Life Insurance Plan.
2. A Supplementary Life Insurance Plan.
3. A Dependents’ Life Insurance Plan.
4. A Long-Term Income Protection Plan.
5. A Supplementary Health and Hospital Insurance Plan.
6. A Dental Insurance Plan.
7. A Basic Accidental Death and Dismemberment Plan.
8. A Supplementary Accidental Death and Dismemberment Plan.
9. A Critical Illness Insurance Plan. O. Reg. 1/04, s. 32.
(2) The group insurance coverage referred to in subsection (1) shall not be provided for an employee during a leave of absence without pay except to the extent that the employee arranges through the payroll or personnel branch of his or her ministry to pay the amount of the full premium for any of the coverages that the employee chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence. O. Reg. 1/04, s. 32.
(3) Within a reasonable time after granting a leave of absence without pay to an employee, the employer shall inform the employee that group insurance coverages during the leave of absence will continue only in accordance with subsection (2). O. Reg. 1/04, s. 32.
(4) Except as stated in this Part, the benefits provided to employees under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters. O. Reg. 1/04, s. 32.
(5) Each of sections 115 to 124 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section. O. Reg. 1/04, s. 32.
115. (1) The Basic Life Insurance Plan shall provide life insurance coverage equal to 100 per cent of the annual salary of every employee, and such coverage shall not be less than $10,000 for a full-time employee and $5,000 for a part-time employee. O. Reg. 1/04, s. 32.
(2) The premium for the Basic Life Insurance Plan coverage shall be paid by the employer. O. Reg. 1/04, s. 32.
116. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the employee, for those employees who choose to participate in the Plan. O. Reg. 1/04, s. 32.
(2) An employee who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan. O. Reg. 1/04, s. 32.
117. (1) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who chooses to participate in the Plan, life insurance coverage chosen by the employee as follows:
1. A multiple of $10,000 to a maximum of $200,000 for the spouse of the employee.
2. $1,000, $5,000, $7,500 or $10,000 for each child of the employee.
3. If the employee chooses to insure any of his or her children in an amount set out in paragraph 2, the employee shall insure all of his or her children in the same amount. O. Reg. 280/04, s. 5.
(2) In this section,
“child” means,
(a) an unmarried child who is under 21 years of age,
(b) a child who is 21 years of age or older but not yet 25 years of age and in full time attendance at an educational institution or on vacation therefrom, or
(c) a child who is 21 years of age or older and who is mentally or physically infirm and dependent on the employee. O. Reg. 1/04, s. 32.
(3) An employee who participates in the Dependents’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the employee in the Plan. O. Reg. 1/04, s. 32.
118. (1) The Long-Term Income Protection Plan shall provide the benefit described in subsection (4) to an employee who participates in the Plan and who is totally disabled, is under the care of or is receiving treatment from a legally qualified medical practitioner and is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which he or she receives a wage or profit. O. Reg. 1/04, s. 32.
(2) For the purposes of this section, an employee is totally disabled if, during the qualifying period and during the period in respect of which benefits may be paid, the employee is continuously unable, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation. O. Reg. 1/04, s. 32.
(3) The employee is entitled to receive the benefit beginning immediately after a qualifying period of six continuous months of total disability and continuing until the earliest of,
(a) 24 months after the employee becomes entitled to receive the benefit;
(b) termination of the total disability;
(c) death;
(d) the end of the month in which the employee reaches 65 years of age; or
(e) the expiry of his or her appointment. O. Reg. 1/04, s. 32.
(4) The amount of the annual benefit payable during a calendar year (the “payment year”) to an employee is calculated using the formula,
A – (B + C)
in which,
“A” is,
(a) for the first payment year in which the benefit is paid, 66⅔ per cent of the employee’s regular salary immediately before the beginning of the qualifying period,
(b) for each subsequent payment year, the amount of “A” for the previous year, increased by the average annual increase, expressed as a percentage, in the Ontario Consumer Price Index as published by Statistics Canada in January of the payment year, to a maximum of 2 per cent,
“B” is the total amount of the other disability and retirement benefits, if any, payable for the year to the employee under any other plans to which the employee contributes, other than payments under the Workplace Safety and Insurance Act, 1997 for an unrelated disability, and
“C” is 50 per cent of any rehabilitation earnings of the employee for the year.
O. Reg. 1/04, s. 32.
(5) The employer shall pay 85 per cent of the premium costs for every employee who participates in the Long-Term Income Protection Plan and the employee shall pay the balance of the premium costs through payroll deduction. O. Reg. 1/04, s. 32.
(6) In this section,
“rehabilitation earnings” means earnings for employment following directly after a period of total disability during which the employee is not fully recovered from the disability;
“total disability” means, with respect to an employee, a disability that renders the employee totally disabled as described in subsection (2). O. Reg. 1/04, s. 32.
119. Where the employer is paying all or part of the premiums for an employee who participates in one or more of the plans referred to in subsection 114 (1) and the employee receives benefits under the Long-Term Income Protection Plan, the employer shall continue the premium payments for the period in respect of which the employee is receiving the benefits. O. Reg. 1/04, s. 32.
120. (1) Subject to subsection (2), the Supplementary Health and Hospital Insurance Plan shall provide to every employee who joins the Plan,
(a) reimbursement for 90 per cent of the cost of drugs and medicine listed in the Canadian Pharmaceutical Association Compendium of Pharmaceuticals and Specialities and dispensed by a legally qualified medical practitioner or by a pharmacist as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act on the written prescription of a legally qualified medical practitioner;
(b) reimbursement for charges for private or semi-private room hospital care made by a hospital within the meaning of the Public Hospitals Act or by a hospital that is licensed or approved by the governing body in the jurisdiction in which the hospital is located not exceeding,
(i) $75 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on or after January 19, 2004 but before April 1, 2004, and
(ii) $130 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on and after April 1, 2004; and
(c) such other health and hospital expenses as result from treatment and services recommended or approved by a legally qualified medical practitioner as may be provided by the Plan. O. Reg. 1/04, s. 32.
(2) The following conditions and restrictions apply with respect to the benefits described in subsection (1):
1. The maximum amount of the reimbursement for a drug or medicine (excluding the dispensing fee) is the reasonable and customary cost of the generic form of the drug or medicine.
2. The maximum amount of the reimbursement for the dispensing fee for drugs and medicine is $8 for each prescription.
3. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.
4. No benefits are payable for expenses incurred outside Canada.
5. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.
6. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500. O. Reg. 1/04, s. 32.
(3) The employer shall pay,
(a) the premiums for every full-time employee who joins the Supplementary Health and Hospital Insurance Plan; and
(b) 40, 50, 60, 70 or 80 per cent of the premiums for every part-time employee who joins the Supplementary Health and Hospital Insurance Plan, whichever percentage is closest to the relation that the employee’s regularly scheduled hours of work bear to full employment, and the employee shall pay the balance of the premium through payroll deduction. O. Reg. 1/04, s. 32.
(4) An employee who has made the election described in subsection 112 (3) may elect to participate in the Supplementary Health and Hospital Insurance Plan,
(a) when he or she makes the election described in subsection 112 (3);
(b) in December of any year, for coverage commencing on January 1 next following, if the employee has satisfied the waiting period of the Plan and the employee,
(i) did not join the Plan on appointment, or
(ii) previously opted out of the Plan; or
(c) on providing evidence that similar coverage available to the employee under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence. O. Reg. 1/04, s. 32.
(5) An employee may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month. O. Reg. 1/04, s. 32.
(6) The Supplementary Health and Hospital Insurance Plan shall provide the cost of vision care to a maximum of the following amount, to every employee who elects to participate in the Plan’s additional coverage for vision care and hearing aids:
1. $200 per person every 24 months for vision care provided on or after January 19, 2004 but before April 1, 2004.
2. $300 per person every 24 months for vision care provided on and after April 1, 2004. O. Reg. 1/04, s. 32.
(7) The Supplementary Health and Hospital Insurance Plan shall provide the cost of the purchase and repair of a hearing aid (other than the replacement of a battery) to the following maximum to every employee who elects to participate in the Plan’s additional coverage for vision care and hearing aids:
1. A lifetime maximum of $200 per person for the cost of purchasing or repairing a hearing aid incurred on or after January 19, 2004 but before April 1, 2004.
2. A maximum of $2,500 per person every five years for the cost of purchasing or repairing a hearing aid incurred on or after April 1, 2004. O. Reg. 1/04, s. 32.
(8) The additional coverage described in subsections (6) and (7) is subject to the following deductible amount:
1. $10 for each calendar year for an employee with single coverage.
2. $10 per person for each calendar year to a maximum of $20 for an employee with family coverage. O. Reg. 1/04, s. 32.
(9) For the additional coverage described in subsection (6), the employer shall pay the following percentage of the premiums for each participating employee and the employee shall pay the balance of the premium costs through payroll deduction:
1. For premiums payable on or after January 19, 2004 but before April 1, 2004, 60 per cent.
2. For premiums payable on or after April 1, 2004, 80 per cent. O. Reg. 1/04, s. 32.
(10) For the additional coverage described in subsection (7), the employer shall pay 60 per cent of the premiums for each participating employee and the employee shall pay the balance of the premium costs through payroll deduction. O. Reg. 1/04, s. 32.
(11) In this section,
“optometrist” means a member of the College of Optometrists of Ontario;
“physician” means a member of the College of Physicians and Surgeons of Ontario;
“vision care” means eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a physician or an optometrist, and includes the fitting of such eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses. O. Reg. 1/04, s. 32.
121. (1) Subject to subsection (2), the Dental Insurance Plan shall reimburse every employee who elects to participate in the Plan for the following expenses and the reimbursement is in the following amount:
1. Eighty-five per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not to exceed 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred.
2. Fifty per cent of the cost of new dentures specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 per person is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse and each dependent child of the employee.
3. Fifty per cent of the cost of orthodontic services specified by the Plan and provided to unmarried dependent children of the employee who are more than six years old and less then 19 years old, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $3,000 is the maximum reimbursement under this paragraph in respect of each dependent child of the employee.
4. Fifty per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred. However, $2,000 per person per year is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse and each dependent child of the employee. O. Reg. 1/04, s. 32; O. Reg. 280/04, s. 6.
(2) The following conditions and restrictions apply with respect to the benefits described in subsection (1):
1. Coverage under the Plan for an individual or family is subject to a $100 deductible amount each year.
2. The employee is not entitled to be reimbursed for more than one recall examination by a dentist every nine months for an individual over 12 years old and every six months for a younger individual. O. Reg. 1/04, s. 32.
(3) The employer shall pay,
(a) the premiums for every full-time employee who joins the Dental Insurance Plan; and
(b) 40, 50, 60, 70 or 80 per cent of the premiums of the Dental Insurance Plan for every part-time employee who joins the Plan, whichever percentage is closes to the relation that the employee’s regularly scheduled hours of work bear to full employment and the employee shall pay the balance through payroll deduction. O. Reg. 1/04, s. 32.
(4) An employee who has made the election described in subsection 112 (3) may elect to participate in the Dental Insurance Plan,
(a) when he or she makes the election described in subsection 112 (3);
(b) in December of any year for coverage commencing on January 1 next following, if the employee has satisfied the waiting period of the Plan and the employee,
(i) did not join the Plan on appointment, or
(ii) previously opted out of the Plan; or
(c) on providing evidence that similar coverage available to the employee under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or next following the presentation of the evidence. O. Reg. 1/04, s. 32.
(5) An employee may elect in December of any year to opt out of the Dental Insurance Plan and coverage shall cease at the end of that month. O. Reg. 1/04, s. 32.
122. (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee and up to $25,000 in the case of a part-time employee. O. Reg. 1/04, s. 32.
(2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer. O. Reg. 1/04, s. 32.
123. (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan. O. Reg. 1/04, s. 32.
(2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation. O. Reg. 1/04, s. 32.
124. (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan. O. Reg. 1/04, s. 32.
(2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation. O. Reg. 1/04, s. 32.
part 1 interpretation
1. In this Schedule,
“Management Compensation Plan” means the classifications of positions of persons employed by the Crown in managerial, administrative, professional, technical, clerical, operational or confidential capacities other than the classifications of positions of persons in,
(a) units of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993,
(b) the deputy minister class, and
(c) the Senior Management Group;
“Senior Management Group” means the classes, other than the deputy minister class, of positions of persons employed by the Crown in senior management capacities and classified as positions within the Senior Management Group on or after the 1st day of January, 1991.
Part II For Each Ministry Including Agencies, Boards and Commissions Reporting to the Ministry
1. Positions that are classified as being within the Senior Management Group.
2. Positions of persons who are members of the legal profession entitled to practise in Ontario, employed in a professional capacity by the Crown in positions whose classifications come within the Management Compensation Plan.
3. Branch directors.
4. Hospital administrators.
Part III
The positions of Crown employees located outside Ontario on behalf of the following ministries:
Ministry of Agriculture and Food
Ministry of Industry, Trade and Technology
Ministry of Intergovernmental Affairs
Ministry of Tourism and Recreation
R.R.O. 1990, Reg. 977, Sched. 1; O. Reg. 181/91, s. 4; O. Reg. 168/96, s. 10.
Schedule 2 Revoked: O. Reg. 625/94, s. 2.
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Accident Claims Supervisor 1, 2 |
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Accommodation Officer 1, 2, 3 |
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Architectural Job Captain 1, 2, 3 |
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Archivist 1, 2, 3 |
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Artifacts Officer |
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Audiologist |
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Boiler Inspector |
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Building Caretaker 6 |
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Cartographer 1, 2, 3, 4 |
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Cartographic Technician 1, 2, 3 |
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Case Worker, Homes for Special Care |
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Case Worker, Mental Health and Social Services |
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Caseworker, Outpatient and Community Services |
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Classifier 1, 2, Board of Censors |
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Commercial Artist 1, 2 |
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Communications Technician 3 |
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Construction Superintendent 1, 2, 3 |
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Contract Review Officer |
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Court Reporter 1, 2, 3 |
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Court Reporter Apprentice |
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Data Processing Technician 1, 2, 3, 4, 5, 6, 7 |
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Data Processing Technician 2, 3, 4, 5, 6, 7 (Excluded) |
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Dental Assistant |
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Dental Hygienist |
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Deputy 1, 2, Administration of Justice |
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Deputy Senior 1, Administration of Justice |
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Designer 1, 2 |
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Dietitian 1 |
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Drafter 1, 2, 3 |
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Drafter Tracer |
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Driver Examination Supervisor 1 |
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Driver Examiner |
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Driver Examiner (Probationary) |
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E.E.G. Technician 1, 2, 3 |
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Elevator Inspector 1, 3 |
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Engineering Officer 1, 2 |
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Engineering Services Officer 2, 3 |
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Environmental Officer 1, 2, 3, 4, 5, 6 |
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Estate Assessor 1, 2 |
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Estimator and Quantity Surveyor 1, 2 |
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Exhibition Designer 1, 2 |
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Farm Products Inspector 1, 2 |
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Field Worker 1, 2, Homes for Special Care |
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Fire Safety Officer 3 |
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Fire Safety Officer 3 (Excluded) |
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Fire Services Adviser 2 |
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Fire Services Investigator 2 |
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Forensic Analyst 1, 2, 3 |
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Geodetic Control Analyst |
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Geologist Assistant 2, 3 |
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Highways Assistant Communications Supervisor |
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Home Economics Assistant 1, 2 |
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Indian Development Officer |
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Inspector of Signs and Buildings Permits 2 |
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Inspector of Surveys 2 |
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Instructor 1, 2, Ontario Fire College |
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Instrument Repairer 1, 2 |
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Instrument Repairer, Foreman/woman |
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Insurance Representative |
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Interior Designer 1, 2 |
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Interior Designer, Trainee |
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Investigator of Estates |
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Junior Commercial Artist |
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Junior Drafter |
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Laboratory Attendant 1, 2 |
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Language and Citizenship Training Specialist 1 |
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Legislative Assistant Editor |
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Librarian 1, 2, 3, 5 |
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Library Technician 1, 2, 3, 4 |
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Maintenance Operations Analyst |
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Maintenance Superintendent 1, 2 |
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Mechanical/Electrical Building Systems Specialist |
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Nurse 1, 2, Clinic |
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Nurse 1, 2, 3, Public Health |
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Nutritionist 1 |
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Occupational Health and Safety Inspector 1, 2 |
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Occupational Hygienist |
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Occupational Therapist 1, 2, 3 |
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Office Administration 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 |
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Office Administration 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 (Excluded) |
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Operator 1, 2, 3, Bindery Equipment |
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Operator 1, 2, 3, 4, Microfilm |
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Operator 1, 2, 3, 4, Offset Equipment |
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Operator 1, 2, 3, Whiteprint Equipment |
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Operator 4, X-Ray Unit |
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Organizer 2, X-Ray Surveys |
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Personalty Valuator 1 |
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Pesticide Control Officer 1, 2, 3 |
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Pharmacist - Staff |
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Pharmacy Technician 1, 2 |
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Photogrammetrist 1, 2, 3, 4 |
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Platemaker 1, 2 |
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Printing Estimator |
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Psychologist 1 |
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Psychometrist 1, 2 |
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Purchasing Officer 1, 2, 3 |
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Purchasing Officer 1 (Excluded) |
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|
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Records Officer Junior |
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Records Officer Junior (Excluded) |
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Records Officer 1, 2 |
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Records Officer 1, 2 (Excluded) |
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Rehabilitation Officer 1, 2, Correctional Services |
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Rehabilitation Officer 1, 2, Health |
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Research Officer 1, 2(a), 2(b), Transportation and Communications |
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Returning Officer, Ontario Labour Relations Board |
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Review Officer |
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Review Supervisor 2 |
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Roofing Specialist |
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|
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Safety Instruction Officer 1, 2 |
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Safety Instruction Officer 2 (Excluded) |
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Schedule Co-ordinator 1, 2, 3 |
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Scientist 1, 2, 3 |
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Senior Transportation Design Technician |
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Senior Usher and Messenger |
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Service Areas Inspector |
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Services Officer 1 (Bargaining Unit) |
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Services Supervisor 2 |
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Sheriff’s Officer 1, 2 |
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Social Work Assistant |
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Social Work Supervisor 1, 2 (Bargaining Unit) |
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Social Worker 1, 2 |
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Specification Officer 1, 2, 3 |
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Speech Therapist |
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Staff Training Officer, Community and Social Services (Bargaining Unit) |
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Standards Officer 1, 2, Industrial Training |
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Standards Officer 1, 2, Industrial Training (Excluded) |
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Steam Plant Chief 2 |
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Supervisor of Operations (Bargaining Unit) |
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Technician 1, 2, 3, 4, 5, Chemical Laboratory |
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Technician 3, 4, Construction |
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Technician 1, 2, Engineering Office |
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Technician 3, 4, Engineering Survey |
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Technician 1, 2, 3, Fuel |
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Technician 3, Legal Survey |
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Technician 1, 2, Municipal Engineering |
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Technician 1, 2, 3, 4, Photographic |
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Technician 1, 2, 3, 4, 5, Physical Laboratory |
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Technician 1, 2, 3, 4, 5, Radiation |
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Technician 1, 2, 3, 4, Road Design |
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Technician 1(a), 1(b), X-Ray |
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Technician X-Ray, Supervisor |
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Technologist 1, 2, 3, Medical Laboratory |
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Telephone Services Officer |
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Traffic Analyst 1, 2, 3, 4, 5 |
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Translator 1, 2, 3 |
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Transportation Compliance Program Administrator |
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Transportation Design Technician |
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Transportation Enforcement Officer 1, 2, 3 |
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Travel Counsellor 1, 2, 3 |
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Usher and Messenger |
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Vehicle Inspection Administrator |
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Vocational Rehabilitation Services Counsellor |
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Welfare Field Worker 1, 2 |
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Welfare Field Worker (Probationary) |
O. Reg. 758/94, s. 1.
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Agricultural Technician 1, 2, 3 |
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Agricultural Worker 1, 2, 3 |
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Air Engineer 1, 2, 3 |
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Ambulance Officer 1, 2, 3, 4 |
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Arboriculturist 1 |
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Artisan 1, 2, 3, 4 |
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Attendant 1, 2, 3, 4, Oak Ridge |
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Audiological Services Technician |
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Baker 1, 2 |
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Bookbinder 1, 2 |
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Bridge Operator |
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Building Caretaker 1, 2 |
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Building Cleaner and Helper 3 (Bargaining Unit) |
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Butcher 1 |
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Cable Ferry Operator 1, 2 |
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Canteen Operator 1, 2 |
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Chief Steward |
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Child Care Assistant 1, 2 |
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Child Care Worker 1, 2, 3 |
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Cleaner 1, 2, 3 |
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Cleaner, Office Buildings |
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Clerk 1, 2, 3, 4, 5, 6, Supply |
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Clerk 7, Supply (Bargaining Unit) |
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Communications Operator 1, 2, 3 |
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Communications Technician 1, 2 |
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Constable |
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Constable (Probationary) |
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Construction Inspector |
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Cook 1, 2 |
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Cook 3 (Bargaining Unit) |
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Correctional Officer 1, 2, 3 |
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Counsellor 1, 2, 3 Residential Life |
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Deckhand |
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District Stockroom and Warehouse Clerk |
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Electronics Repairer |
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Electronics Technician |
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Electronics Technician 1, 2, Government Services |
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Elevator Attendant |
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Elevator Mechanic 1, 2, 3 |
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Equipment Spray Painter |
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Exhibit Fabricator 1, 2, 3 |
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Ferry Mate |
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Fire Safety Officer 1, 2 |
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Fire Safety Officer 1, 2 (Excluded) |
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Fire Services Adviser 1 |
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Fire Services Investigator 1 |
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Garage Attendant |
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Garage Attendant Supervisor |
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Hairdresser |
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Helper, Food Service |
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Highway Construction Inspector 1, 2, 3 |
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Highway Equipment Operator 1, 2, 3, 4 |
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Highway Equipment Supervisor 1 |
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Highway General Foreman/woman 1 |
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Highway Labour Foreman/woman |
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Hospital Attendant 1 |
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Hospital Housekeeper 1, 2 (Bargaining Unit) |
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Industrial Officer 1, 2, 3 |
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Inspector of Weighers and Checkers 1, 2 |
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Instructor 1, 2, 3, 4 (Occupational) |
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Instructor 1, 2, 3(a), Recreation and Crafts |
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Landscape Worker |
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Laundry Worker 1, 2, 3, 4, 5 |
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Law Enforcement – OPP |
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Lineman/woman |
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Maintenance Bricklayer |
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Maintenance Carpenter |
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Maintenance Carpenter, Foreman/woman |
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Maintenance Electrician |
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Maintenance Electrician, Foreman/woman |
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Maintenance Foreman/woman |
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Maintenance Machinist |
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Maintenance Machinist, Foreman/woman |
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Maintenance Mason |
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Maintenance Mechanic 1, 2, 3 |
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Maintenance Painter and Decorator |
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Maintenance Painter and Decorator, Foreman/woman |
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Maintenance Plasterer |
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Maintenance Plasterer, Foreman/woman |
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Maintenance Plumber |
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Maintenance Plumber, Foreman/woman |
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Maintenance Refrigeration Mechanic |
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Maintenance Refrigeration Mechanic, Foreman/woman |
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Maintenance Sheet Metal Worker |
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Maintenance Steamfitter |
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Maintenance Welder |
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Manual Worker |
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Marine Engineer 1, 2 |
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Meat Inspector 1 |
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Mechanic 1, 2 |
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Mechanic, Foreman/woman |
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Medical Assistant 1, 2, 3 |
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Mill Worker 1, 2 |
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Motor Vehicle Operator 1, 2 |
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Nurse 1, 2, 3, General |
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Nurse 1, 2, 3, Nursing Education |
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Nurse 2, 3, Special Schools |
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Observation and Detention Home Worker 1, 2, 3 |
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Parking Attendant |
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Powderman/woman |
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Provincial Bailiff 1, 2 |
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Psychiatric Nursing Assistant 1, 2, 3, 4 |
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Radio and T.V. Repairer |
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Radio Operator 1, 2, 3 |
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Recreation Officer 1, 2, Correctional Services |
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Recreation Officer 3, Correctional Services (Bargaining Unit) |
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Residence Supervisor 1 |
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Resource Technician 1, 2, 3 |
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Resource Technician 4, Conservation Officer |
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Sergeant Major |
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Sergeant, Ontario Provincial Police |
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Sewer 1, 2 |
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Sign Painter |
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Sign Painter, Foreman/woman |
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Sign Painter, Helper |
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Sign Painter, Improver |
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Staff Sergeant, Ontario Provincial Police |
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Steam Plant Engineer l, 2, 3 |
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Steam Plant Technician l, 2 |
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Stores/Reproduction Clerk |
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Steward |
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Supervisor 1, Food Service (Bargaining Unit) |
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Supervisor of Juveniles 1, 2 |
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Tailor |
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Technician 1, 2, Construction |
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Technician 1, Engineering Survey |
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Technician 2, Engineering Survey (Bargaining Unit) |
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Technician Equipment Development |
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Technician 1, 2, 3, 4, 5, Field |
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Technician 1, 2, Legal Survey |
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Technician l, 2, 3, Survey |
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Technician 1, 2, 3, 4, Traffic |
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Telephone Installer 1, 2, 3 |
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Thermal Operator 1, 2, 3, 4 |
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Trade Instructor 1, 2, 3 |
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Trades Apprentice |
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Traffic Patroller 1, 2, Transportation and Communications |
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Trainee (M.R.C. Course), Health |
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Transport Despatcher |
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Transport Driver |
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Upholstery Repairer |
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Utility Plant Electrician |
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Utility Plant Instrument Technician |
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Vocational Instruction Officer 1, Oak Ridge |
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Vocational Instruction Officer 2, Oak Ridge |
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Volunteer Services Assistant |
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Waste Treatment Operator |
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Waste and Water Project Operator 1, 2 |
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Waste and Water Project Trainee Operator |
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Water Level Control Supervisor |
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Weigher |
O. Reg. 758/94, s. 1.
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Agricultural Support (Bargaining Unit) OAG11 |
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Agricultural Support OM-10, 11 |
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Clerical Services (Bargaining Unit) CCL 8, 9, 10, 11, 12, 13, 14, 15 |
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Clerical Services CM-08, 09, 10, 11, 12, 13, 14, 15, 16, 17 |
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Correctional, (Seventh Unit) OCR14 |
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Correctional OM-13, 14, 15, 16 |
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Drafting, Design & Estimating (Bargaining Unit) TDD13 |
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Drafting, Design and Estimating TM-11, 12, 13 |
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Engineering & Surveying Support (Bargaining Unit) TEN 13, 14, 15 |
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Engineering and Surveying Support TM-11, 12, 13, 14, 15 |
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Food Services (Seventh Unit) OFS10, 11 |
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Food Services OM-08, 09, 10, 11 |
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General Operational (Seventh Unit) OGN 10, 11 |
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General Operational OM-08, 09, 10, 11 |
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Health Care Scientific Support (Bargaining Unit) TSS 12, 15 |
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Information (Bargaining Unit) AIF 16, 17 |
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Information AM-16, 17 |
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Institutional Care, (Seventh Unit) OIN 11, 12, 13 |
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Institutional Care OM-10, 11, 12, 13 |
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Office Equipment Operation (Bargaining Unit) CEQ 10, 11, 12, 13 |
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Office Equipment Operation CM-08, 09, 10, 11, 12, 13, 14 |
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Operational (Bargaining Unit) OST 12, 13, 14, 15, 16 |
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Photography TM-10, 11, 12, 13, 14, 15 |
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Photography (Bargaining Unit) TPH14 |
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Printing (Bargaining Unit) OPR10, 12 |
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Printing OM-09, 10, 11, 12, 13 |
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Purchasing and Supply AM-12, 13 |
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Purchasing & Supply (Bargaining Unit) APS13 |
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Resources, Technical TM-11, 12 |
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Resources, Technical (Bargaining Unit) TRT12 |
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Scientific Support TM-11, 12, 13, 14, 15 |
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Scientific Support (Bargaining Unit) TSS 12, 15 |
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Skills and Trades (Bargaining Unit) OST 12, 13, 14, 15, 16 |
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Skills and Trades OM-11, 12, 13, 14, 15, 16 |
O. Reg. 758/94, s. 1.
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Actuarial Science (Seventh Unit) PAC 16, 17, 19 |
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Actuarial Science PM-16, 17, 18, 19, 20, 21, 22 |
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Adviser, Ontario Police Commission |
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Agricultural Officer 1, 2 |
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Agricultural Specialist 1, 2, 3 |
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Agricultural Specialist 1, 2, Dairy |
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Agricultural Support OM-12, 13, 14 |
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Agriculture (Seventh Unit) 16, 17, 18, 19, 20 |
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Agriculture PM-15, 16, 17, 18, 19, 20, 21 |
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Air Engineer 4 |
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Ambulance Services OM-14, 15, 16, 17, 18 |
|
Architect - Management 06PBA |
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Architecture PM-15, 16, 17, 18, 19, 20, 21 |
|
Archival and Historical (Seventh Unit) PAH 14, 17 |
|
Archival and Historical PM-14, 15, 16, 17, 18 |
|
Area Supply Supervisor (Bargaining Unit) |
|
Assistant Plant Superintendent, Air Service |
|
Associate Deputy Minister, a class within the Senior Management Group |
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|
|
Bargaining Architecture 1, 2, 3, 4, 5, 6, 7 |
|
Bargaining Engineering 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 |
|
|
|
Chaplain (Seventh Unit) PCH 15, 16, 17 |
|
Chaplain PM-14, 15, 16, 17, 18, 19 |
|
Chief Executive Officer in the Finance Management and Control Group — Ontario Financing Authority, a class within the Senior Management Group |
|
Chief Inspector of Theatres |
|
Chief Instructor, Ontario Police College |
|
Child Care Worker 4 |
|
Commercial Artist 3 |
|
Commissioned Officer 1,2,3, Ontario Provincial Police |
|
Community Development Officer 1, 2, 3 |
|
Crown Counsel 1, 3, 4, 5 |
|
Crown Counsel 1, 3, 4 (Excluded) |
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Dairy Herd Improvement Officer 1 |
|
Dentistry PM-19, 20, 21, 22 |
|
Deputy Director, Ontario Police College |
|
Director/Executive Director in the Finance Management and Control Group — Ontario Financing Authority, a class within the Senior Management Group |
|
Drafting Design & Estimating (Seventh Unit) TDD14, 15, 16, 18, 19 |
|
Drafting, Design and Estimating TM-14, 15, 16, 17, 18, 19 |
|
Driver Attendant, Minister |
|
|
|
Economic & Statistics (Seventh Unit) PEC 16, 17, 18, 19, 20, 21 |
|
Economics and Statistics PM-16, 17, 18, 19, 20, 21 |
|
Economist 1, 2, 3, 4, 5 (Bargaining Unit) |
|
Education (Seventh Unit) PED 19, 20, 21 |
|
Education Adviser |
|
Education Officer |
|
Education PM-18, 19, 20, 21, 22 |
|
Employment Standards Auditor 1, 2 |
|
Employment Standards Officer 1 |
|
Engineer ― Management 08PBE, 09PBE, 10PBE, 11PBE |
|
Engineer PEN 18, 19, 21, 22 |
|
Engineering PM 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
|
Engineering & Surveying Support (Seventh Unit) TEN 16, 17, 18, 19, 20 |
|
Engineering and Surveying Support TM-16, 17, 18, 19, 20, 21 |
|
Engineering Officer 3, 4 |
|
Engineering Services Officer 4, 5 |
|
Establishment of New Classes Resulting from CECBA Reform ― Professionals |
|
Executive Officer 1, 2, 3 (Bargaining Unit) |
|
Executive Officer 1, 2 (Excluded) |
|
Exhibition Designer 3 |
|
Extension Assistant |
|
|
|
Financial Administration AM-12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
|
Financial Officer 1, 2, 3, 4, 5 (Bargaining Unit) |
|
Financial Officer 1, 2 (Excluded) |
|
Financial Administration (Seventh Unit) AFA 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
|
Financial Officer Trainee |
|
Food Services (Seventh Unit) OFS12 |
|
Food Services (Seventh Unit) OFS13 |
|
Food Services (Seventh Unit) OFS14 |
|
Food Services OM-12, 13, 14, 15, 16 |
|
French Language Services (Seventh Unit) AFL20 |
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French Language Services AM-20, 21, 22 |
|
|
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General Administration (Seventh Unit) AGA 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
|
General Administration AM-11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
|
General Operational (Seventh Unit) OGN 12, 13, 14, 15 |
|
General Operational OM-12, 13, 14, 15, 16, 17 |
|
General Scientific (Seventh Unit) PGS 17, 18, 20, 21 |
|
General Scientific PM-15, 16, 17, 18, 19, 20, 21 |
|
Geoscientist 1, 2, 3, 4 |
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|
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Heating and Power (Seventh Unit) OHP 14, 17 |
|
Heating and Power OM-11, 12, 13, 14, 15, 16, 17, 18 |
|
Highway Equipment Supervisor 2, 3 |
|
Highway Maintenance Supervisor |
|
Highway Services Supervisor |
|
Home Economist 1, 2, 3 |
|
Home Economics, Dietetics & Nutrition (Seventh Unit) PHE 11, 12, 13, 16, 17, 18 |
|
Home Economics, Dietetics & Nutrition PM-10, 11, 12, 13, 14, 15, 16, 17, 18 |
|
Housing Analyst 1, 2 |
|
Human Rights Officer 1, 2 |
|
|
|
Immigration Officer |
|
Industrial Development Officer 1, 2, 3 |
|
Information (Seventh Unit) AIF 18, 19, 20 |
|
Information AM-18, 19, 20 |
|
Information Officer 1, 2, 3, 4 |
|
Information Officer 1, 2, 3, 4 (Excluded) |
|
Information Technology Executive ITX 1, 2, 3, 4, a class within the Senior Management Group |
|
Inspector, Operating Engineers’ Branch |
|
Institutional Care (Seventh Unit) OIN15 |
|
Institutional Care OM-14, 15, 16 |
|
Institutional Management AM-14, 15, 16, 17, 18, 19, 20, 21, 22, 23 |
|
Instructor 1, 2, 3, Ontario Police College |
|
Intelligence Officer, Ontario Police Commission |
|
Investigator 1, Agricultural Products |
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Investigator 1, 2, Ontario Securities Commission |
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Labour Relations AM-15, 16, 17, 18, 19, 20, 21, 22, 23 |
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Law Administration (Seventh Unit) ALA 12, 13, 14, 15, 16, 17, 18, 19, 20, 22 |
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Law Administration AM-11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 |
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Law Court Administration (Seventh Unit) ALC 12, 13, 14 |
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Law Court Administration AM-12, 13, 14, 15, 16, 17, 18, 19, 20, 21 |
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Legal Survey Examiner 4 |
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Library Services (Seventh Unit) PLS 14, 15, 16, 17 |
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Library Services PM-13, 14, 15, 16, 17 |
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Medical PM-19, 20, 21, 22, 23, 24, 25, 26 |
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Mine Rescue Training Officer 1, 2 |
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Northern Affairs Officer 1, 2 |
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Nursing (Seventh Unit) PNR 13, 14, 15, 16, 18 |
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Occupational and Physical Therapy PM-13, 14, 15, 16 |
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Occupational and Physical Therapy (Seventh Unit) POC14 |
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Office Equipment Operation CM-15 |
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Ontario Provincial Police Commissioner OPP1, a class within the Senior Management Group |
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Personnel Administration AM-12, 13, 14, 15, 16, 17, 18, 19, 20, 21 |
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Personnel Administration (Seventh Unit) APL 12, 13, 14, 15, 16, 17, 18, 19, 20 |
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Pharmacy PM-15, 16, 17, 18, 19, 20, 21, 22 |
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Pharmacy (Seventh Unit) PPH 16, 17, 18, 19 |
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Photography TM-16 |
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Pilot 1, 2, 3, 4, 5 |
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Printing OM-14, 15 |
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Printing (Seventh Unit) OPR15 |
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Probation Officer 1, 2 |
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Professional/Manager in the Finance Management and Control Group — Ontario Financing Authority |
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Professional Underfill (Seventh Unit) PMU 12, 14 |
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Program Administration (Seventh Unit) APR 16, 17, 18, 19 |
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Program Analysis AM-16, 17, 18, 19, 20, 21 |
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Program Analysis (Seventh Unit) APA 16, 17, 18, 19, 20, 21 |
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Property Administration AM-15, 16, 17, 18, 19, 20, 21, 22 |
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Psychologist 2, 3 |
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Psychology PM-18, 19, 20, 21 |
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Psychology (Seventh Unit) PPY 19, 20 |
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Publicity Photographer 1, 2, 3 |
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Purchasing and Supply AM-14, 15, 16, 17, 18, 19, 20 |
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Purchasing and Supply (Seventh Unit) APS 14, 15, 16, 18, 20 |
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Radiation Protection Physicist 1 |
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Research Science PM-16, 17, 18, 19, 20, 21 |
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Research Scientist 3, 4, 5, Natural Resources |
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Research Science (Seventh Unit) PRS 17, 21 |
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Resource Technician, Senior 1, 2, 3, 4 (Bargaining Unit) |
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Resources Planning and Management (Seventh Unit) PRP 14, 15, 16, 17, 18, 19, 20, 21 |
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Resources, Technical TM-13, 14, 15, 16, 17, 18 |
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Resources Technical (Seventh Unit) TRT 13, 14, 15, 16, 17, 18 |
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Safety Instructor Officer 3 (Excluded) |
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Scientific Support TM-16, 17, 18 |
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Scientific Support (Seventh Unit) TSS 16, 17 |
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Scientist 4 |
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Senior Air Engineer |
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Senior Management Group 1, 2, 3 |
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Senior Management Group 1 (Seventh Unit) XSMC1 |
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Senior Management Group 2 (Seventh Unit) XSMC2 |
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Service Areas Manager |
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Skills and Trades OM-17, 18, 19 |
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Skills and Trades (Seventh Unit) OST 17, 18, 19 |
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Social Programs Administration AM-13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
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Social Programs Administration (Seventh Unit) ASL 15, 16, 17, 18, 19, 20 |
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Social Work PM-15, 16, 17, 18, 19 |
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Social Work (Seventh Unit) PSW 16, 17, 18 |
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Speech Pathology and Audiology PM-15, 16, 17, 18, 19 |
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Statistician 1, 2, 3, 4 |
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Supervisor 1, 2, Municipal Organization and Administration |
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Supervisor, Municipal Organization and Administration, Trainee |
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Supreme Court Reporter 1 |
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Surveyor PSV 15, 17, 18, 19 |
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Surveying PM-11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 |
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Systems Officer 1, 2, 3, 4, 5, 6 |
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Systems Officer 1, 2, 3, 4, 5, 6 (Excluded) |
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Systems Officer Junior |
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Systems Officer Junior (Excluded) |
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Systems Services AM-11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 |
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Systems Services (Seventh Unit) ASY 13, 14, 15, 16, 17, 18, 19, 20, 21 |
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Technical Consultant 1 |
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Technical Specialist in the Finance Management and Control Group — Ontario Financing Authority |
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Telecommunications TM-13, 14, 15, 16 |
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Transcription Services CM-13, 14, 15, 16, 17, 18, 19 |
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Transcription Services (Seventh Unit) CTR14 |
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Transcription Services (Seventh Unit) CTR15 |
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Translation AM-18, 19, 20 |
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Translation (Seventh Unit) ATR20 |
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Veterinary Science PM-17, 18, 19, 20, 21 |
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Veterinary Science (Seventh Unit) PVT20 |
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Vocational Training Supervisor 1 |
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Volunteer Services Organizer |
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Workers’ Compensation Adviser 1, 2 |
O. Reg. 758/94, s. 1; O. Reg. 41/02, s. 3; O. Reg. 1/04, s. 33.
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Accident Claims Supervisor 1, 2 |
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Accommodation Officer 3 |
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Agricultural Technician 1, 2 |
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Agricultural Worker 1, 2, 3 |
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Air Engineer 1, 2, 3 |
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Ambulance Officer 1, 2, 3, 4 |
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Arboriculturist 1 |
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Architectural Job Captain 1, 2, 3 |
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Attendant 1, 2, 3, 4, Oak Ridge |
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Audiological Services Technician |
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Audiologist |
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Baker 1, 2 |
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Bookbinder 1, 2 |
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Boiler Inspector |
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Bridge Operator |
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Building Caretaker 1, 2, 6 |
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Butcher 1 |
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Cable Ferry Operator 1, 2 |
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Canteen Operator 1, 2 |
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Cartographer 1, 2 |
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Case Worker, Homes for Special Care |
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Case Worker, Mental Health & Social Services |
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Cartographic Technician 1, 2, 3 |
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Case Worker, Homes for Special Care |
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Case Worker, Outpatient and Community Services |
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Child Care Assistant 1, 2 |
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Child Care Worker 1, 2, 3 |
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Cleaner 1, 2, 3 |
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Cleaner, Office Buildings |
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Clerk 1, 2, 3, 4, 5, 6, Supply |
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Communications Operator 1, 2, 3 |
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Constable |
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Constable (Probationary) |
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Construction Superintendent 1, 2, 3 |
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Cook 1, 2 |
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Cook 3 (Bargaining Unit) |
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Correctional Officer 1, 2, 3 |
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Counsellor 1, 2, 3 (Residential Life) |
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Data Processing Technician 1, 2, 3, 4, 5, 6, 7 |
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Data Processing Technician 2, 3, 4, 5, 6, 7 (Excluded) |
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Deckhand |
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Dental Assistant |
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Dental Hygienist |
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Deputy 1, 2, Administration of Justice |
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Deputy Senior 1, Administration of Justice |
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District Stockroom and Warehouse Clerk |
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Drafter 1, 2 |
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Drafter Tracer |
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E.E.G. Technician 1, 2, 3 |
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Electronics Repairer |
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Electronics Technician |
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Electronics Technician 1, 2, Government Services |
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Elevator Attendant |
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Elevator Inspector 1, 3 |
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Elevator Mechanic 1, 2, 3 |
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Environmental Officer 1, 2, 3, 4, 5 |
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Equipment Spray Painter |
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Estimator and Quantity Surveyor 1 |
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Exhibit Fabricator 1, 2, 3 |
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Exhibition Designer 1, 2 |
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Ferry Mate |
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Field Worker 1, 2, Homes for Special Care |
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Fire Services Investigator 1, 2 |
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Garage Attendant |
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Garage Attendant Supervisor |
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Gunsmith 1, 2 |
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Hairdresser |
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Helper, Food Service |
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Highway Equipment Operator 1, 2, 3, 4 |
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Highway General Foreman/woman 1 |
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Highway Labour Foreman/woman |
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Hospital Attendant 1 |
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Indian Development Officer |
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Industrial Officer 1, 2, 3 |
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Instructor 1, 2, 3, 4 (Occupational) |
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Instructor 1, 2, 3(a), Recreation and Crafts |
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Instrument Repairer 1, 2 |
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Instrument Repairer, Foreman/woman |
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Interior Designer 1, 2 |
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Interior Designer, Trainee |
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Investigator of Estates |
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Junior Commercial Artist |
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Junior Drafter |
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Laboratory Attendant 1, 2 |
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Landscape Worker |
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Language and Citizenship Training Specialist 1 |
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Laundry Worker 1, 2, 3, 4, 5 |
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Law Enforcement – OPP |
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Librarian 1, 2, 3 |
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Library Technician 1, 2, 3, 4 |
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Lineman/woman |
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Maintenance Bricklayer |
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Maintenance Carpenter |
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Maintenance Carpenter, Foreman/woman |
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Maintenance Electrician |
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Maintenance Electrician, Foreman/woman |
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Maintenance Foreman/woman |
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Maintenance Machinist |
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Maintenance Machinist, Foreman/woman |
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Maintenance Mason |
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Maintenance Mechanic 1, 2, 3 |
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Maintenance Painter and Decorator |
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Maintenance Painter and Decorator, Foreman/woman |
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Maintenance Plasterer |
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Maintenance Plasterer, Foreman/woman |
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Maintenance Plumber |
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Maintenance Plumber, Foreman/woman |
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Maintenance Refrigeration Mechanic |
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Maintenance Refrigeration Mechanic, Foreman/woman |
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Maintenance Sheet Metal Worker |
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Maintenance Steamfitter |
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Maintenance Welder |
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Manual Worker |
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Marine Engineer 1, 2 |
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Meat Inspector 1 |
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Mechanic 1, 2 |
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Mechanic Foreman/woman |
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Mechanical/Electrical Building Systems Specialist |
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Medical Assistant 1, 2, 3 |
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Mill Worker 1, 2 |
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Motor Vehicle Operator 1, 2 |
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Nurse 1, 2, Clinic |
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Nurse 1, 2, 3, General |
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Nurse 1, 2, 3, Nursing Education |
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Nurse 1, 2, 3, Public Health |
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Observation and Detention Home Worker 1, 2, 3 |
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Occupational Health and Safety Inspector 1, 2 |
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Occupational Therapist 1, 2, 3 |
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Office Administration 1, 2, 3, 4, 5, 6, 7, 8, 9 |
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Office Administration 1, 2, 3, 4, 5, 6, 7, 8, 9 (Excluded) |
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Operator 1, 2, Bindery Equipment |
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Operator 1, 2, 3, Microfilm |
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Operator 1, 2, 3, Offset Equipment |
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Operator 1, 2, 3, Whiteprint Equipment |
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Operator 4, X-Ray Unit |
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Parking Attendant |
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Pesticide Control Officer 1, 2, 3 |
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Pharmacist - Staff |
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Pharmacy Technician 1, 2 |
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Photogrammetrist 1, 2, 3 |
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Platemaker 1, 2 |
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Powderman/woman |
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Printing Estimator |
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Psychiatric Nursing Assistant 1, 2, 3, 4 |
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Psychologist 1 |
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Psychometrist 1, 2 |
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Radio and T.V. Repairer |
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Radio Operator 1, 2, 3 |
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Records Officer Junior |
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Records Officer Junior (Excluded) |
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Records Officer 1, 2 |
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Records Officer 1, 2 (Excluded) |
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Recreation Officer 1, 2, Correctional Services |
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Rehabilitation Officer 1, 2, Correctional Services |
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Rehabilitation Officer 1, 2, Health |
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Residence Supervisor 1 |
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Resource Technician 1, 2, 3 |
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Resource Technician 4, Conservation Officer |
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Roofing Specialist |
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Safety Instruction Officer 1, 2 |
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Security Officer 1, 2, 3, 4 |
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Senior Bridge Operator |
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Senior Marine Engineer 1, 2 |
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Senior Usher and Messenger |
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Sergeant Major |
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Sergeant, Ontario Provincial Police |
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Services Officer 1 (Bargaining Unit) |
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Services Supervisor 2 |
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Sewer 1, 2 |
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Sheriff’s Officer 1, 2 |
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Sign Painter |
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Sign Painter, Foreman/woman |
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Sign Painter, Helper |
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Sign Painter, Improver |
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Social Work Assistant |
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Social Worker 1, 2 |
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Speech Therapist |
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Staff Sergeant, Ontario Provincial Police |
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Standards Officer 1, 2, Industrial Training |
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Steam Plant Chief 2 |
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Steam Plant Engineer 1, 2, 3 |
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Steam Plant Technician 1, 2 |
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Steward |
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Stores/Reproduction Clerk |
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Supervisor 1, Food Service (Bargaining Unit) |
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Supervisor of Juveniles 1, 2 |
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Supervisor of Operations (Bargaining Unit) |
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Tailor |
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Technician 1, 2, 3, Chemical Laboratory |
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Technician 1, 2, Field |
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Technician 1, 2, 3, Fuel |
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Technician 1, 2, 3, 4, Photographic |
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Technician 1, 2, 3, Physical Laboratory |
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Technician 1, 2, 3, Radiation |
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Technician 1, 2, 3, Road Design |
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Technician 1(a), 1(b), X-Ray |
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Technologist 1, 2, Medical Laboratory |
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Telephone Installer 1, 2, 3 |
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Thermal Operator 1, 2, 3, 4 |
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Trade Instructor 1, 2, 3 |
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Trades Apprentice |
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Traffic Analyst 1, 2, 3 |
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Traffic Patroller 1, 2, Transportation and Communications |
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Trainee (M.R.C. Course), Health |
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Translator 1, 2, 3 |
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Transport Despatcher |
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Transport Driver |
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Transportation Design Technician |
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Transportation Enforcement Officer 1, 2, 3 |
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Travel Counsellor 1, 2, 3 |
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Upholstery Repairer |
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Usher and Messenger |
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Utility Plant Electrician |
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Utility Plant Instrument Technician |
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Vocational Instruction Officer 1, Oak Ridge |
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Vocational Instruction Officer 2, Oak Ridge |
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Vocational Rehabilitation Services Counsellor |
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Volunteer Services Assistant |
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Waste Treatment Operator |
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Waste and Water Project Operator 1, 2 |
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Waste and Water Project Trainee Operator |
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Welfare Field Worker 1, 2 |
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Welfare Field Worker (Probationary) |
O. Reg. 758/94, s. 1.
1. Assistant Deputy Attorney General, Criminal Law Division (Ministry of the Attorney General).
2. Assistant Deputy Attorney General, Legal Services Division (Ministry of the Attorney General).
3. Chief Legislative Counsel (Office of Legislative Counsel, Ministry of the Attorney General).
4. Children’s Lawyer (Office of the Children’s Lawyer, Ministry of the Attorney General).
O. Reg. 136/02, s. 10.
Schedule 9 Revoked: O. Reg. 136/02, s. 11 (2).