O. Reg. 41/02: GENERAL, Filed February 8, 2002 under Public Service Act, R.S.O. 1990, c. P.47
ONTARIO regulation 41/02
made under the
public service act
Made: January 18, 2002
Approved: February 6, 2002
Filed: February 8, 2002
Printed in The Ontario Gazette: February 23, 2002
Amending Reg. 977 of R.R.O. 1990
(General)
Note: Since the end of 2001, Regulation 977 has been amended by Ontario Regulation 40/02. Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 19, 2002.
1. (1) Subsection 10.11 (1.1) of Regulation 977 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
(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); and
(b) on or after January 1, 2002, in the case of employees described in paragraph 1.1 of subsection (3).
(2) Subsection 10.11 (3) of the Regulation is amended by adding the following paragraph:
1.1 Those employed in the Information Technology Executive ITX 1 or 2 classes.
2. The Regulation is amended by adding the following section:
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.
(2) Employees are entitled to compensation under this section when they are on stand-by on or after January 1, 2002.
(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.
(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).
(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.
(6) The amount and form of compensation are determined under subsections 10.16 (4), (5) and (6).
3. Schedule 6 to the Regulation is amended by adding the following items:
Associate Deputy Minister, a class within the Senior Management Group
Chief Executive Officer in the Finance Management and Control Group — Ontario Financing Authority, a class within the Senior Management Group
Director/Executive Director in the Finance Management and Control Group — Ontario Financing Authority, a class within the Senior Management Group
Information Technology Executive ITX 1, 2, 3, 4, a class within the Senior Management Group
Ontario Provincial Police Commissioner OPP1, a class within the Senior Management Group
Professional/Manager in the Finance Management and Control Group — Ontario Financing Authority
Technical Specialist in the Finance Management and Control Group — Ontario Financing Authority
