O. Reg. 414/94: PROTECTION OF BENEFITS OF EMPLOYEES AND RETIRED EMPLOYEES

County of Simcoe Act, 1993
Loi de 1993 sur le comté de Simcoe

ONTARIO REGULATION 414/94

Amended to: O. Reg. 415/03

PROTECTION OF BENEFITS OF EMPLOYEES AND RETIRED EMPLOYEES

Note: This Regulation was revoked on December 4, 2003. See: O. Reg. 415/03, s. 1.

This Regulation is made in English only.

1. In this Regulation,

“benefits” means life insurance, dependant life insurance, accidental death and dismemberment benefits, supplementary health insurance, supplementary hospital insurance, dental insurance, vision care, sick leave, short term sickness protection, long term income protection, leaves of absence, pregnancy, adoption and parental leave, bereavement leave, paid holidays, professional and licence fees, vacations with pay and pension and retirement benefits;

“employee” does not include an employee employed under a contract for a definite term or task;

“trade union” means a trade union certified under the Labour Relations Act and a bargaining committee of full-time firefighters under the Fire Departments Act. O. Reg. 414/94, s. 1.

2. (1) A person who becomes an employee of a local municipality or its local boards under section 52 of the Act is entitled to receive benefits at levels that are not lower than the person was entitled to receive on the day before the person began employment with the local municipality or local board. O. Reg. 414/94, s. 2 (1).

(2) Subsection (1) applies despite any agreement made before January 1, 1994 between the employee and the local municipality or local board or between a trade union on behalf of the employee and the local municipality or local board. O. Reg. 414/94, s. 2 (2).

(3) Nothing in this section has the effect of terminating or amending an agreement described in subsection (2). O. Reg. 414/94, s. 2 (3).

3. The benefits under section 2 shall be provided,

(a) where an employee is covered by a collective agreement on the day before the person began employment with the local municipality or its local boards, in accordance with the terms of the agreement on that day; and

(b) where an employee is not covered by a collective agreement on the day before the person began employment with the local municipality or its local boards, in accordance with the terms of the benefits plan available to the person on that day. O. Reg. 414/94, s. 3.

4. A person who becomes an employee of a local municipality or its local boards under section 52 of the Act is entitled to receive the benefits under section 2 until the earlier of,

(a) the date that the trade union representing an employee contracts out of or waives his or her entitlement to the benefits;

(b) the date that an employee who is not represented by a trade union contracts out of or waives his or her entitlement to the benefits; and

(c) the date that an employee ceases to be an employee of the local municipality or the local board. O. Reg. 414/94, s. 4.

5. A person shall, on the day he or she becomes an employee of a local municipality or its local boards under section 52 of the Act, be credited with the attendance, overtime or other credits he or she has accumulated with respect to benefits, on the day before the day the person began employment with the local municipality or the local board. O.Reg. 414/94, s. 5.

6. Subject to any collective agreement covering the employee, sections 2, 3, 4 and 5 do not apply to an employee when the local municipality or its local boards discipline the employee for just cause. O. Reg. 414/94, s. 6.

7. (1) A person who is a retired employee of the former municipalities of the Township of Adjala or the Township of Tosorontio or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Adjala-Tosorontio or a local board of it on January 1, 1994 as agreed upon by the Township of Adjala-Tosorontio and its local boards. O. Reg. 414/94, s. 7 (1).

(2) A person who is a retired employee of the former municipalities of the Town of Stayner, the Village of Creemore, the Township of Nottawasaga or the Township of Sunnidale or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Clearview or a local board of it on January 1, 1994 as agreed upon by the Township of Clearview and its local boards. O. Reg. 414/94, s. 7 (2).

(3) A person who is a retired employee of the former municipalities of the Village of Elmvale, the Township of Flos or the Township of Vespra or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Springwater or a local board of it on January 1, 1994 as agreed upon by the Township of Springwater and its local boards. O. Reg. 414/94, s. 7 (3).

(4) A person who is a retired employee of the former municipalities of the Township of Oro or the Township of Medonte or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Oro-Medonte or a local board of it on January 1, 1994 as agreed upon by the Township of Oro-Medonte and its local boards. O. Reg. 414/94, s. 7 (4).

(5) A person who is a retired employee of the former municipalities of the Village of Port McNicoll, the Village of Victoria Harbour or the Township of Tay or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Tay or a local board of it on January 1, 1994 as agreed upon by the Township of Tay and its local boards. O. Reg. 414/94, s. 7 (5).

(6) A person who is a retired employee of the former municipalities of the Village of Coldwater, the Township of Matchedash or the Township of Orillia or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Severn or a local board of it on January 1, 1994 as agreed upon by the Township of Severn and its local boards. O. Reg. 414/94, s. 7 (6).

(7) A person who is a retired employee of the former municipalities of the Township of Mara or the Township of Rama or a local board of those municipalities on December 31, 1993 shall be deemed to be a retired employee of the Township of Ramara or a local board of it on January 1, 1994 as agreed upon by the Township of Ramara and its local boards. O. Reg. 414/94, s. 7 (7).

8. A retired employee referred to in section 7 is entitled to receive benefits at levels that are not lower than the person was entitled to receive on December 31, 1993. O. Reg. 414/94, s. 8.

9. The benefits under section 8 shall be provided,

(a) where a retired employee is covered by a collective agreement on December 31, 1993 in accordance with the terms of the agreement on that day; and

(b) where a retired employee is not covered by a collective agreement on December 31, 1993 in accordance with the terms of the benefits plan which was available to the person on that day. O. Reg. 414/94, s. 9.

10. A person who becomes a retired employee of a local municipality or a local board under section 7 is entitled to receive the benefits under section 8 until,

(a) the date that the trade union representing a retired employee contracts out of or waives his or her entitlement to the benefits; or

(b) the date that a retired employee who is not represented by a trade union contracts out of or waives his or her entitlement to the benefits. O. Reg. 414/94, s. 10.