ontario regulation 160/03

made under the

public service act

Made: April 8, 2003
Approved: April 24, 2003
Filed: April 28, 2003
Printed in The Ontario Gazette: May 17, 2003

Amending Reg. 977 of R.R.O. 1990

(General)

Note: Since the end of 2002, Regulation 977 has been amended by Ontario Regulation 59/03.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 18, 2003.

1. Subsection 10.5 (1) of Regulation 977 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(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.

2. (1) Subsection 10.9 (6) of the Regulation is revoked and the following substituted:

(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 8 hours in a 24-hour period or works on a scheduled day off.

(2) Subsection 10.9 (8) of the Regulation is revoked and the following substituted:

(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.

3. The Regulation is amended by adding the following section:

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.

(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.

(3) The amount and form of compensation are determined under this section.

(4) Subsections 10.9 (6) and (7) apply for the purpose of determining whether an employee is working overtime.

(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.

(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.

(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.

Civil Service Commission:

Kathryn A. Bouey

Chair

Morag McLean

Secretary

Dated on April 8, 2003.