O. Reg. 195/20: ORDER UNDER SUBSECTION 7.1 (2) OF THE ACT - TREATMENT OF TEMPORARY COVID-19 RELATED PAYMENTS TO EMPLOYEES
filed May 1, 2020 under Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9
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made under the
Emergency Management and Civil Protection Act
Made: May 1, 2020 (12:50 pm)
Filed: May 1, 2020
Published on e-Laws: May 4, 2020
Printed in The Ontario Gazette: May 16, 2020
Order Under Subsection 7.1 (2) of the Act - treatment of temporary covid-19 related payments to employees
Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;
And Whereas the criteria set out in subsection 7.1 (2) of the Act have been satisfied;
Now Therefore, this Order is made pursuant to subsection 7.1 (2) of the Act, the terms of which are set out in Schedule 1;
And Further, this Order is retroactive to April 24, 2020;
And Further, this Order applies generally throughout Ontario.
schedule 1
temporary replacement of provisions of the protecting a sustainable public sector for future generations act, 2019
1. The operation of subsections 11 (1) and (2) of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:
Maximum increases in compensation
11. (1) During the applicable moderation period, no collective agreement or arbitration award may provide for any incremental increases to existing compensation entitlements or for new compensation entitlements that in total equal more than one per cent on average for all employees covered by the collective agreement for each 12-month period of the moderation period, excluding any temporary COVID-19 related payments received by employees in relation to work performed during the temporary suspension period in workplaces referred to in subsection (1.1) or in relation to the types of work described in subsection (1.2) performed during the temporary suspension period.
Workplaces
(1.1) The following are the workplaces mentioned in subsection (1) and subsection 19 (1):
1. A long-term care home within the meaning of the Long-Term Care Homes Act, 2007.
2. A retirement home within the meaning of the Retirement Homes Act, 2010.
3. A hospital within the meaning of the Public Hospitals Act.
4. A psychiatric facility within the meaning of the Mental Health Act.
5. A place where a secure treatment program within the meaning of Part VII (Extraordinary Measures) of the Child, Youth and Family Services Act, 2017 is provided.
6. The University of Ottawa Heart Institute/Institut de cardiologie de l’Université d’Ottawa.
7. A homeless shelter or drop-in centre for persons who are homeless, including a respite centre, temporary homeless shelter or location used for self-isolation or overflow purposes.
8. A supportive housing residence funded by,
i. the Ministry of Municipal Affairs and Housing or the Ministry of Health,
ii. a service manager designated under the Housing Services Act, 2011,
iii. the Ontario Aboriginal Housing Support Services Corporation, or
iv. the Miziwe Biik Development Corporation.
9. A home for special care licensed under the Homes for Special Care Act.
10. Any place at which the following services are provided:
i. Services and supports within the meaning of the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008.
ii. Intervenor services funded by the Ministry of Children, Community and Social Services for persons who are deafblind.
iii. Services provided under the Violence Against Women Support Services program or the Anti-Human Trafficking Community Supports program that are funded by the Ministry of Children, Community and Social Services.
iv. Residential care provided to children and young persons residing in residential settings licensed under the Child, Youth and Family Services Act, 2017.
v. Services provided under the Indigenous Healing and Wellness Strategy that are funded, directly or indirectly, by the Ministry of Children, Community and Social Services.
vi. Services and supports provided to children with complex special needs that are funded by the Ministry of Children, Community and Social Services.
vii. Community services provided under the Home Care and Community Services Act, 1994.
viii. Services and supports provided to persons with acquired brain injuries and funded by the Ministry of Health.
ix. Mental health and addictions services funded, directly or indirectly, by the Ministry of Health.
11. A place of open custody, a place of open temporary detention, a place of secure custody, a place of secure temporary detention or a place of temporary detention, as those terms are defined in subsection 2 (1) of the Child, Youth and Family Services Act, 2017.
12. A correctional institution within the meaning of the Ministry of Correctional Services Act.
13. A children’s aid society designated under the Child, Youth and Family Services Act, 2017.
Types of work
(1.2) The following are the types of work mentioned in subsection (1) and in subsection 19 (1):
1. Providing outreach services to persons who are homeless.
2. Work performed by a person in the course of their duties as a paramedic employed by an operator of an ambulance service within the meaning of the Ambulance Act.
3. Providing community paramedicine services that are funded, directly or indirectly, by the Ministry of Health.
4. Providing attendant services under Ontario Regulation 367/94 (Grants for Persons with Disabilities) made under the Ministry of Community and Social Services Act.
5. Furnishing the services of a homemaker or a nurse under the Homemakers and Nurses Services Act.
Salary rate
(2) For greater certainty, an increase in a salary rate under subsection 10 (1), other than an increase resulting from temporary COVID-19 related payments referred to in subsection (1), is an increase to compensation entitlements for the purposes of subsection (1).
2. The operation of subsections 19 (1) and (2) of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 is temporarily suspended and the following replacement provisions are in effect during the temporary suspension period only:
Maximum increases in compensation
19. (1) During the applicable moderation period, no employer may provide to non-represented employees any incremental increases to existing compensation entitlements or for new compensation entitlements that in total equal more than one per cent on average for non-represented employees employed by the employer for each 12-month period of the moderation period, excluding any temporary COVID-19 related payments received by employees in relation to work performed during the temporary suspension period in workplaces referred to in subsection 11 (1.1) or in relation to the types of work described in subsection 11 (1.2) performed during the temporary suspension period.
Same
(2) For greater certainty, an increase in a salary rate under subsection 18 (1), other than an increase resulting from temporary COVID-19 related payments referred to in subsection (1), is an increase to compensation entitlements for the purposes of subsection (1).