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Public Sector Compensation Restraint to Protect Public Services Act, 2010

S.O. 2010, CHAPTER 1
Schedule 24

Consolidation Period:  From April 24, 2014 to the e-Laws currency date.

Last amendment:  2014, c. 5, s. 52.

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CONTENTS

Interpretation

1.

Interpretation

Application

2.

Members of the Assembly

3.

Public sector employers

4.

Employees

5.

Other elected or appointed office holders

Restraint Measures

6.

Duration of restraint measures

7.

No increase in rate of pay, pay range

8.

No increase in benefits, perquisites and payments

9.

No change upon renewal, etc.

10.

New employees, job changes, etc.

11.

No future compensation re restraint measures

12.

Conflict with this Act

Compliance Reports

13.

Reports by employers

Applications to the Board

14.

Application to the Board

15.

Power to obtain information

16.

Power to compel witnesses and disclosure

17.

Enforcement of Board orders

Administration

18.

Board established

19.

Powers of the Board

20.

Protection from personal liability

21.

Regulations

 

Interpretation

Interpretation

1. (1) In this Act,

“Board” means the Public Sector Compensation Restraint Board established by subsection 18 (1); (“Commission”)

“compensation” means all forms of payment, benefits and perquisites paid or provided, directly or indirectly, to or for the benefit of a person who performs duties and functions that entitle him or her to be paid, and includes discretionary payments; (“rémunération”)

“compensation plan” means the provisions, however established, for the determination and administration of a person’s compensation; (“régime de rémunération”)

“effective date” means, in relation to an employer, employee or office holder, the date described in section 6; (“date d’effet”)

“Minister” means the minister to whom the administration of this Act is assigned under the Executive Council Act;  (“ministre”)

“office holder” means a holder of office who is elected or appointed under the authority of an Act of Ontario; (“titulaire de charge”)

“pay range” means a range of rates of pay; (“échelle salariale”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“rate of pay” means the rate of remuneration or, where no such rate exists, any fixed or ascertainable amount of remuneration; (“taux de salaire”)

“restraint measure” means a requirement set out in section 7, 8, 9, 10 or 11. (“mesure de restriction”)  2010, c. 1, Sched. 24, s. 1 (1).

Deemed employees

(2) For the purposes of this Act, the directors, members and officers of an employer are deemed to be employees of the employer.  2010, c. 1, Sched. 24, s. 1 (2).

Employer of office holders

(3) A reference in this Act to the employer of an office holder is a reference to the employer to which the office holder is elected or appointed, and the use of this terminology is not intended to create a deemed employment relationship between them for the purposes of this or any other Act or any law.  2010, c. 1, Sched. 24, s. 1 (3).

Application

Members of the Assembly

2. This Act applies to every member of the Assembly.  2010, c. 1, Sched. 24, s. 2.

Public sector employers

3. (1) This Act applies to the following employers:

1. The Crown in right of Ontario, every agency thereof and every authority, board, commission, corporation, office or organization of persons a majority of whose directors, members or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council.

2. The Office of the Lieutenant Governor of Ontario, the Office of the Assembly, members of the Assembly, and the offices of persons appointed on an address of the Assembly. 

3. Every board as defined in the Education Act.

4. Every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements.

5. Every hospital referred to in the list of hospitals and their grades and classifications maintained by the Minister of Health and Long-Term Care under the Public Hospitals Act.  

6. Every board of health under the Health Protection and Promotion Act.

7. Hydro One Inc., each of its subsidiaries, Ontario Power Generation Inc. and each of its subsidiaries.

8. Every other authority, board, commission, corporation, office or organization of persons that is prescribed for the purposes of this subsection.  2010, c. 1, Sched. 24, s. 3 (1).

Employers subject to thresholds

(2) This Act applies to every employer that is an authority, board, commission, corporation, office or organization of persons, other than one described in subsection (1) or (3), that meets the following conditions:

1. It received at least $1,000,000 in funding from the Government of Ontario in 2009, as determined for the purposes of the Public Sector Salary Disclosure Act, 1996.

2. It does not carry on its activities for the purpose of gain or profit to its members or shareholders.  2010, c. 1, Sched. 24, s. 3 (2).

Exceptions

(3) This Act does not apply to the following employers:

1. Municipalities.

2. Local boards as defined in subsection 1 (1) of the Municipal Act, 2001.  However, this exclusion does not apply with respect to boards of health.

3. Every authority, board, commission, corporation, office or organization of persons some or all of whose members, directors or officers are appointed or chosen by or under the authority of the council of a municipality, other than one described in subsection (1).

4. Every other authority, board, commission, corporation, office or organization of persons that is prescribed for the purposes of this subsection.  2010, c. 1, Sched. 24, s. 3 (3).

Employees

4. (1) This Act applies to every employee of an employer to whom this Act applies, other than the employees described in subsections (2) and (3).  2010, c. 1, Sched. 24, s. 4 (1).

Exception re collective bargaining

(2) This Act does not apply to an employee who is represented by any of the following organizations which represent two or more employees for the purpose of collectively bargaining, with their employer, terms and conditions of employment relating to compensation:

1. A trade union certified or voluntarily recognized under the Labour Relations Act, 1995.

2. An organization that represents employees under the Crown Employees Collective Bargaining Act, 1993.

3. An organization designated under the School Boards Collective Bargaining Act, 2014 as the bargaining agent for a teachers’ bargaining unit.

4. Repealed: 2014, c. 5, s. 52 (2).

5. An organization that represents employees under the Colleges Collective Bargaining Act, 2008.

6. An association recognized under the Police Services Act.

7. The Association as defined in section 1 of the Ontario Provincial Police Collective Bargaining Act, 2006.

8. An association recognized under Part IX of the Fire Protection and Prevention Act, 1997.

9. An organization that, before the effective date applicable to the employer, has collectively bargained, with the employer, terms and conditions of employment relating to compensation that were implemented by the employer.

10. An organization that, before the effective date applicable to the employer, has an established framework for collectively bargaining, with the employer, terms and conditions of employment relating to compensation.

11. Another prescribed organization.  2010, c. 1, Sched. 24, s. 4 (2); 2014, c. 5, s. 52.

Other exceptions

(3) This Act does not apply to such other classes of employees as may be prescribed.  2010, c. 1, Sched. 24, s. 4 (3).

Other elected or appointed office holders

5. (1) This Act applies to every person who is elected or appointed under the authority of an Act of Ontario to a position with an employer to whom this Act applies.  2010, c. 1, Sched. 24, s. 5 (1).

Exceptions

(2) This Act does not apply to judges, deputy judges, justices of the peace, masters or case management masters.  2010, c. 1, Sched. 24, s. 5 (2).

Restraint Measures

Duration of restraint measures

Effective date

6. (1) The effective date of the restraint measures for employers, office holders and employees is March 24, 2010, except as otherwise provided in this section.  2010, c. 1, Sched. 24, s. 6 (1).

Expiry of certain restraint measures

(2) The restraint measures in sections 7 to 10 expire on March 31, 2012.  2010, c. 1, Sched. 24, s. 6 (2).

Effective date for certain employers, etc.

(3) If this Act applies to an employer by virtue of a regulation, the effective date of the restraint measures for the employer and its office holders and employees is the date specified by regulation.  2010, c. 1, Sched. 24, s. 6 (3).

Same

(4) If, after March 25, 2010, this Act becomes applicable to an employer by virtue of any of paragraphs 1 to 7 of subsection 3 (1), the effective date of the restraint measures for the employer and its office holders and employees is the date on which this Act becomes applicable to the employer.  2010, c. 1, Sched. 24, s. 6 (4).

No increase in rate of pay, pay range

Rate of pay

7. (1) The rate of pay for an employee or office holder that is in effect on the applicable effective date cannot be increased before the beginning of April 2012, except as permitted by subsection (3) or (4).  2010, c. 1, Sched. 24, s. 7 (1).

Pay range

(2) The maximum amount within a pay range, if any, for an employee or office holder that is in effect on the applicable effective date, and any steps within the pay range, cannot be increased before the beginning of April 2012.  2010, c. 1, Sched. 24, s. 7 (2).

Exceptions

(3) If the rate of pay falls within a pay range that is in effect for a particular position or office on the applicable effective date, the employee or office holder’s rate of pay may be increased — within that pay range — in recognition of any of the following matters only and only if the increase is authorized under the compensation plan as it existed on the applicable effective date:

1. His or her length of time in employment or in office.

2. An assessment of performance.

3. His or her successful completion of a program or course of professional or technical education.  2010, c. 1, Sched. 24, s. 7 (3).

Same, increase in minimum wage

(4) If, after the applicable effective date, an employee’s or office holder’s rate of pay falls below the minimum wage established under Part IX of the Employment Standards Act, 2000, the rate of pay may be increased to match the minimum wage.  2010, c. 1, Sched. 24, s. 7 (4).

No increase in benefits, perquisites and payments

8. (1) A benefit, perquisite or payment provided to an employee or office holder under the compensation plan as it existed on the applicable effective date cannot be increased before the beginning of April 2012, except as permitted by subsection (3).  2010, c. 1, Sched. 24, s. 8 (1).

No new or additional benefits, etc.

(2) No new or additional benefits, perquisites or payments may be provided to an employee or office holder before the beginning of April 2012, except as permitted by subsection (3).  2010, c. 1, Sched. 24, s. 8 (2).

Exceptions

(3) A benefit, perquisite or payment may be increased, or an additional benefit, perquisite or payment provided, to an employee or office holder in recognition of any of the following matters only and only if it is authorized under the compensation plan as it existed on the applicable effective date:

1. His or her length of time in employment or in office.

2. An assessment of performance.

3. His or her successful completion of a program or course of professional or technical education.  2010, c. 1, Sched. 24, s. 8 (3).

Time off

(4) For greater certainty, time off is a benefit for the purposes of this section.  2010, c. 1, Sched. 24, s. 8 (4).

Effect of cost increases

(5) If the employer’s cost of providing a benefit, perquisite or payment under the compensation plan as it existed on the applicable effective date increases after that effective date, the increase in the employer’s cost does not constitute an increase in the benefit, perquisite or payment itself.  2010, c. 1, Sched. 24, s. 8 (5).

No change upon renewal, etc.

Employees

9. (1) The renewal of an employee’s contract cannot, before the beginning of April 2012, change the compensation plan as it existed on the applicable effective date for that position.  2010, c. 1, Sched. 24, s. 9 (1).

Office holders

(2) The re-election of an office holder or the renewal of an office holder’s appointment cannot, before the beginning of April 2012, change the compensation plan as it existed on the applicable effective date for that office.  2010, c. 1, Sched. 24, s. 9 (2).

Interpretation

(3) If the employee remains employed in the same position but has a new employment contract, or if the office holder remains in the same office but has a new appointment, the new contract or appointment is deemed to be a renewal for the purposes of this section.  2010, c. 1, Sched. 24, s. 9 (3).

New employees, job changes, etc.

Employees

10. (1) The compensation plan for a person who becomes an employee, or accepts a new position, on or after the applicable effective date and before the beginning of April 2012 must be no greater than the compensation plan as it existed on that effective date for other employees in a similar position with the same employer.  2010, c. 1, Sched. 24, s. 10 (1).

Office holders

(2) The compensation plan for a person who becomes an office holder, or is elected or appointed to a different office, on or after the applicable effective date and before the beginning of April 2012 must be no greater than the compensation plan as it existed on that effective date for other holders of the same or a similar office.  2010, c. 1, Sched. 24, s. 10 (2).

No future compensation re restraint measures

11. A compensation plan cannot provide compensation after March 31, 2012 to an employee or office holder for compensation that he or she did not receive as a result of the restraint measures in this Act.  2010, c. 1, Sched. 24, s. 11.

Conflict with this Act

12. (1) This Act prevails over any provision of a compensation plan and, if there is a conflict between this Act and a compensation plan, the compensation plan is inoperative to the extent of the conflict.  2010, c. 1, Sched. 24, s. 12 (1).

Same

(2) This Act prevails over any other Act and over any regulation, by-law or other statutory instrument.  2010, c. 1, Sched. 24, s. 12 (2).

Exception

(3) Nothing in this Act shall be interpreted or applied so as to reduce any right or entitlement under the Human Rights Code or the Pay Equity Act.  2010, c. 1, Sched. 24, s. 12 (3).

Same

(4) Nothing in this Act shall be interpreted or applied so as to reduce any right or entitlement provided under section 42 or 44 of the Employment Standards Act, 2000.  2010, c. 1, Sched. 24, s. 12 (4).

Same

(5) Nothing in this Act shall be interpreted or applied so as to prevent the application of the insurance plan under the Workplace Safety and Insurance Act, 1997 after the effective date to an individual to whom the insurance plan did not apply on the effective date.  2010, c. 26, Sched. 16, s. 1.

Compliance Reports

Reports by employers

13. (1) Every employer to whom this Act applies shall give the Minister such reports as may be prescribed concerning its compliance with the restraint measures that apply to its employees and office holders.  2010, c. 1, Sched. 24, s. 13 (1).

Same

(2) Each report must be submitted in such form and manner as may be prescribed and within the prescribed period.  2010, c. 1, Sched. 24, s. 13 (2).

Same

(3) Each report shall include a statement signed by the employer’s highest ranking officer certifying whether the employer has complied with the restraint measures throughout the reporting period.  2010, c. 1, Sched. 24, s. 13 (3).

Applications to the Board

Application to the Board

14. (1) An employer described in subsection (2), an employee or office holder described in subsection (3) or the Minister may apply to the Board for an order declaring whether this Act applies to an employer, employee or office holder.  2010, c. 1, Sched. 24, s. 14 (1).

Application by employer

(2) An employer may make an application in respect of the employer or any employee or office holder of the employer.  2010, c. 1, Sched. 24, s. 14 (2).

Application by employee or office holder

(3) An employee or office holder may make an application only in respect of a matter that could affect him or her personally.  2010, c. 1, Sched. 24, s. 14 (3).

Restrictions

(4) An application cannot include a request for interim relief or a request for any other remedy.  2010, c. 1, Sched. 24, s. 14 (4).

Notice to the Minister

(5) An applicant shall deliver a copy of the application and supporting documents to the Minister promptly after making the application to the Board.  2010, c. 1, Sched. 24, s. 14 (5).

Status of Minister

(6) The Minister may intervene in any application to the Board.  2010, c. 1, Sched. 24, s. 14 (6).

Order

(7) The Board may make an order declaring whether this Act applies to the employer, employee or office holder, as the case may be.  2010, c. 1, Sched. 24, s. 14 (7).

Exclusion

(8) The Board cannot make an order relating to a compensation plan.  2010, c. 1, Sched. 24, s. 14 (8).

Reconsideration

(9) An order of the Board is final and binding on the applicant and on such other parties as the Board may specify, but the Board may reconsider any order and may vary or revoke it.  2010, c. 1, Sched. 24, s. 14 (9).

Power to obtain information

15. (1) The Board may request such information as it considers relevant and appropriate in connection with an application for an order, whether or not the information would be admissible in a court, and may accept the information as evidence in an application for an order.  2010, c. 1, Sched. 24, s. 15 (1).

Compliance

(2) An employer, employee or office holder shall promptly give the Board such information as the Board may request, whether or not the employer, employee or office holder is a party to the application.  2010, c. 1, Sched. 24, s. 15 (2).

Power to compel witnesses and disclosure

16. (1) The Board may serve a summons requiring a person to attend the hearing of an application for an order, to provide testimony on oath or affirmation or in another manner, and to produce any information under the person’s power or control.  2010, c. 1, Sched. 24, s. 16 (1).

Attendance not necessary

(2) In requiring the production of information, the Board may or may not require that a person attend with the information.  2010, c. 1, Sched. 24, s. 16 (2).

Confidential information

(3) The Board may require the provision or production of information that is considered confidential or inadmissible under another Act, and that information shall be disclosed to the Board for the purposes of the application.  2010, c. 1, Sched. 24, s. 16 (3).

Enforcement of Board orders

17. A copy of an order of the Board may be filed in a court of competent jurisdiction and, upon its filing, the order is enforceable as a judgment or order of a court.  2010, c. 1, Sched. 24, s. 17.

Administration

Board established

18. (1) An adjudicative tribunal is hereby established to be known as the Public Sector Compensation Restraint Board in English and Commission des mesures de restriction de la rémunération dans le secteur public in French.  2010, c. 1, Sched. 24, s. 18 (1).

Composition

(2) The Board is composed of a chair and may include a maximum of two vice-chairs, to be appointed by the Lieutenant Governor in Council.  2010, c. 1, Sched. 24, s. 18 (2).

Term of office

(3) The term of office of the chair and any vice-chairs is as specified by the Lieutenant Governor in Council.  2010, c. 1, Sched. 24, s. 18 (3).

Remuneration

(4) The chair and any vice-chairs shall be paid the remuneration determined by the Lieutenant Governor in Council.  2010, c. 1, Sched. 24, s. 18 (4).

Employees

(5) Such employees as are necessary for the proper conduct of the Board’s work may be appointed under Part III of the Public Service of Ontario Act, 2006.  2010, c. 1, Sched. 24, s. 18 (5).

Powers of the Board

19. (1) The Board has the jurisdiction to exercise the powers conferred on it by this Act and to determine all questions of fact or law that arise in any application before it.  2010, c. 1, Sched. 24, s. 19 (1).

Quorum

(2) One member of the Board is sufficient for the exercise of all of the Board’s powers.  2010, c. 1, Sched. 24, s. 19 (2).

Protection from personal liability

20. (1) No action or other proceeding for damages shall be commenced against a member of the Board for any act done in good faith in the performance or intended performance of his or her duty or for any alleged neglect or default in the performance in good faith of his or her duty.  2010, c. 1, Sched. 24, s. 20 (1).

Crown liability

(2) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsection (1) does not relieve the Crown of any liability to which it would otherwise be subject.  2010, c. 1, Sched. 24, s. 20 (2).

Regulations

21. The Lieutenant Governor in Council may make regulations in respect of any matter that, in this Act, is permitted or required to be prescribed or specified by regulation.  2010, c. 1, Sched. 24, s. 21.

22. Omitted (provides for coming into force of provisions of this Act).  2010, c. 1, Sched. 24, s. 22.

23. Omitted (enacts short title of this Act).  2010, c. 1, Sched. 24, s. 23.

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