O. Reg. 229/00: GENERAL

 

ONTARIO REGULATION 229/00

made under the

Public Service Act

Made: March 17, 2000
Approved: April 12, 2000
Filed: April 14, 2000

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

(General)

Note: Since the end of 1998, Regulation 977 has been amended by Ontario Regulations 39/99, 121/99, 123/99 and 71/00.  Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Regulation 977 of the Revised Regulations of Ontario, 1990 is amended by adding the following sections:

Compensation in Other Circumstances

10.12 (1) Sections 10.14 to 10.17, 10.19 and 10.20 apply with respect to every person who is appointed to a position in the public service, except as otherwise provided in those sections.

(2) Section 10.18 applies with respect to every civil servant, except as otherwise provided in that section.

(3) Sections 10.14 to 10.19 apply with respect to work activities on or after April 14, 2000.

(4) Section 10.20 applies with respect to work activities on or after March 27, 1999.

10.13 (1) In sections 10.14 to 10.20,

“Management Compensation Plan” means Management Compensation Plan as defined in section 1 of Part I of Schedule 1.

(2) In sections 10.14 to 10.20, an employee’s basic hourly rate is the basic hourly rate that is in effect during the period when the employee performs the work, without regard to any premium or other amount that may be payable under those sections.

Holiday Pay

10.14 (1) An employee described in subsection (3) is entitled to holiday pay under this section if he or she is required by his or her supervisor to work on a holiday listed in subsection 58 (1).

(2) An employee who is entitled to holiday pay under this section is not entitled to compensation under subsection 58 (4) or 90 (3) in respect of the same period of work.

(3) Employees are entitled to holiday pay under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan.

(4) For the purposes of this section, if an employee’s period of work begins on one day and ends on another, his or her period of work shall be deemed to fall entirely within the day on which it begins.

(5) The following holiday pay is payable to a full–time employee for his or her work on a holiday:

1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday.  The employee is entitled to be paid for a minimum of,

i. seven and one–quarter hours, in the case of a Schedule 3 employee whose regularly scheduled work day is 7¼ hours long,

ii. eight hours, in the case of a Schedule 4 or 5 employee whose regularly scheduled work day is eight hours long, or

iii. the number of hours the employee is regularly scheduled to work on that day of the week, for an employee whose regularly scheduled work day is not described in subparagraph i or ii.

2. One of the following, to be chosen by the employee:

i. Pay at the employee’s basic hourly rate for the hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies.

ii. Compensating leave equal to the number of hours he or she regularly works, to a maximum of the number of hours described in subparagraph 1 i or ii, whichever applies.  However, the employee is not entitled to take compensating leave unless he or she notifies his or her supervisor before the holiday that he or she chooses this form of compensation for working on the holiday.

(6) The following rules apply with respect to the compensating leave:

1. It must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it.

2. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining period.

3. Compensating leave may be taken at any time within that period that the employee and his or her supervisor agree upon.

4. If the employee and the supervisor do not agree upon the time when the compensating leave is to be taken, the deputy minister may decide when, within that period, the employee may take the leave.

(7) The following holiday pay is payable to a part–time employee for his or her work on a holiday:

1. Pay at the rate of two times the employee’s basic hourly rate for all hours worked on the holiday.  The employee is entitled to be paid for a minimum of the number of hours in his or her regularly scheduled working day.

2. Pay at the employee’s basic hourly rate for the hours he or she is regularly scheduled to work, up to a maximum of the number of hours described in subparagraph 1 i or ii of subsection (5), whichever applies.

Pay for On–Call Duty

10.15 (1) An employee described in subsection (3) is entitled to be paid one dollar per hour when he or she is on call.

(2) For the purposes of this section, an employee is considered to be on call when the employee keeps himself or herself reasonably available for recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period.

(3) Employees are entitled to compensation under this section,

(a) if they are employed in a class of position set out in Schedule 5 and the class falls within the Management Compensation Plan; or

(b) if they are employed in a class of position set out in Schedule 3, 4 or 6 and the title of the class indicates that the position is “excluded”.

(4) Despite subsection (3), employees in the Crown Counsel 1, 2, 3, or 4 (Excluded) classes are not entitled to compensation under this section.

Pay for Stand–By Duty

10.16 (1) An employee described in subsection (3) is entitled to compensation under this section when he or she is on stand–by.

(2) 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.

(3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan.

(4) A full–time employee who is required to be on stand–by for a period that does not exceed his or her regularly scheduled work day is entitled to be paid for four hours at his or her basic hourly rate.

(5) A full–time employee who is required to be on stand–by for a period longer than his or her regularly scheduled work day is entitled to be paid at the rate of one–half of his or her basic hourly rate for every hour of stand–by (calculated to the nearest half–hour).

(6) A part–time employee who is required to be on stand–by is entitled to be paid at the rate of one–half of his or her basic hourly rate for every hour of stand–by (calculated to the nearest half–hour).

Pay for Travel Time

10.17 (1) An employee described in subsection (2) is entitled to compensation under this section for his or her travel time in the circumstances described in subsection (3).

(2) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan.

(3) Compensation is payable for an employee’s travel time,

(a) if he or she is travelling for an employment–related purpose authorized by his or her supervisor, but not travelling to reach his or her normal place of work or his or her headquarters; and

(b) if he or she is travelling by a means that has been authorized in writing by his or her supervisor.

(4) If the employee travels by car or by public transit, and if the employee travels to the destination directly, compensation is payable for the following periods of travel time (calculated to the nearest half-hour):

1. From the employee’s authorized time of departure from his or her normal place of work, headquarters or home, as the case may be, until the time he or she arrives at the destination.

2. From the employee’s authorized time of departure from the destination until the time he or she arrives at his or her normal place of work, headquarters or home, as the case may be.

(5) If the employee travels by a public carrier other than public transit, compensation is payable for the following periods of travel time (calculated to the nearest half–hour):

1. From one hour before the scheduled time of departure by the carrier until one hour after the carrier arrives at the destination.

(6) Despite subsections (4) and (5), if the employee travels on a holiday listed in subsection 58 (1) or on a day that is not a regularly scheduled work day for the employee, compensation for a minimum of four hours is payable under this section for his or her travel time on that day.

(7) Despite subsection (6), if the employee’s means of travel includes sleeping accommodation for him or her, the employee is not entitled to compensation for his or her travel time between 11 p.m. and the time that he or she regularly begins work.

(8) The employee shall be compensated as follows for the travel time described in subsections (4) to (6):

1. He or she is entitled to be paid at his or her basic hourly rate for the travel time.

2. However, if the employee and his or her supervisor agree, the employee may take compensating leave equal to the amount of the travel time.

3. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it.

4. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining travel time.

Isolation Pay

10.18 (1) An employee described in subsection (2) is entitled to isolation pay under this section if he or she is stationed at a work location on or north of the boundary line formed by,

(a) the border between Ontario and the State of Minnesota;

(b) thence easterly along the northern shore of Lake Superior and Lake Huron (including the islands in Ontario in those lakes) to the French River;

(c) thence along the French River to Lake Nipissing;

(d) thence easterly along the northern shore of Lake Nipissing to Highway 17; and

(e) thence easterly along Highway 17 to Mattawa.

(2) Employees are entitled to isolation pay under this section if they are civil servants employed in a class of position that falls within the Management Compensation Plan.  However, 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.

(3) A full–time employee is entitled to be paid the amount set out in the Table to this subsection, based upon the total number of points assigned to him or her under subsections (5) and (6).

Table

(subsection 10.18 (3))

Item	Column 1	Column 2
	Number of points	Isolation pay per week
1.	7 or fewer	Nil
2.	8	$ 3.45
3.	9 to 12	5.18
4.	13 to 16	6.90
5.	17 to 20	8.63
6.	21 to 24	10.35
7.	25 to 28	12.08
8.	29 to 32	13.80
9.	33 to 36	15.53
10.	37 to 40	17.25
11.	41 to 44	18.98
12.	45 or more	20.70

(4) A part–time employee is entitled to be paid the amount calculated using the formula,

A / B × C

in which,

“A” is the number of regularly scheduled hours that the part–time employee works in a week,

“B” is the number of regularly scheduled hours that a full–time employee in the same circumstances works in a week, and

 “C” is the amount determined under subsection (3) to be payable to a full–time employee in the same circumstances.

(5) An employee is assigned the number of points set out in the Table to this subsection, based upon the population of the largest centre of population that is located within 80 kilometres of the employee’s work location.

Table

(subsection 10.18 (5))

Item	Column 1	Column 2
	Population	Number of points
1.	249 or less	14
2.	250 to 499	12
3.	500 to 999	10
4.	1000 to 1999	8
5.	2000 to 2999	6
6.	3000 to 3999	4
7.	4000 to 4999	2
8.	5000 or more	0

(6) An employee is assigned the number of points set out in the Table to this subsection, based upon the distance of the employee’s work location to the nearest centre with a population of 5,000 or more and the means of travel available to the employee to reach that population centre.

Table

(subsection 10.18 (6))

Item	Column 1	Column 2	Column 3
	Distance to population centre (in km)	If travel by road to the population centre is reasonable	If travel by road is not reasonable
1.	80 or less	0	0
2.	More than 80 to and including 160	6	9
3.	More than 160 to and including 320	12	17
4.	More than 320 to and including 480	18	26
5.	More than 480	24	34

(7) In this section,

“work location” means, with respect to an employee, the working place at which the employee is usually stationed or, if the employee is not usually stationed at a particular working place, the working place designated by his or her deputy minister.

Standard Shift Premiums

10.19 (1) An employee described in subsection (4) is entitled to be paid a shift premium under this section when he or she works in the circumstances described in subsection (5) or (6).

(2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (5) or (6) is not entitled to be paid a shift premium for the same period of work.

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

(4) Employees are entitled to a shift premium under this section if they are employed in a class of position that falls within the Management Compensation Plan.

(5) An employee is entitled to be paid a shift premium of 52 cents per hour,

(a) for the time that he or she works between 5 p.m. and midnight; or

(b) if more than half of the time he or she works on a shift falls between 5 p.m. and midnight, for the time that he or she works on the shift.

(6) An employee is entitled to be paid a shift premium of 62 cents per hour,

(a) for the time that he or she works between midnight and 7 a.m.; or

(b) if more than half of the time that he or she works on a shift falls between midnight and 7 a.m., for the time that he or she works on the shift.

(7) Despite subsections (5) and (6), an employee is not entitled to be paid a shift premium in the following circumstances:

1. The employee usually works during the day and he or she is required to work beyond his or her regular working period on a particular day.

2. The employee and his or her supervisor agree that, instead of working the usual hours for the employee’s position (for which no shift premium is payable), the employee may work during hours for which a shift premium would otherwise be payable under this section.

(8) Despite subsection (4), 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 Attorney’s Association.

Special Shift Premiums

10.20 (1) An employee described in subsection (3) is entitled to be paid a special shift premium in the circumstances described in subsection (4), (5) or (6).

(2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (4), (5) or (6) is not entitled to be paid a shift premium for the same period of work.

(3) Employees are entitled to a special shift premium under this section,

(a) if they are employed in a class of position that falls within the Management Compensation Plan; and

(b) if, when they are working in the circumstances described in subsection (4), (5) or (6), they are engaged in supervising any member of the correctional bargaining unit who is entitled to a shift premium under a collective agreement that applies exclusively with respect to that bargaining unit.

(4) An employee is entitled to be paid a shift premium of $1 per hour, instead of the shift premium described in subsection 10.19 (5),

(a) for the time that he or she works between 5 p m. and midnight; or

(b) if more than half of the time he or she works on a shift falls between 5 p.m. and midnight, for the time that he or she works on the shift.

(5) An employee is entitled to be paid a shift premium of $1.50 per hour, instead of the shift premium described in subsection 10.19 (6),

(a) for the time that he or she works between midnight and 7 a.m.; or

(b) if more than half of the time that he or she works on a shift falls between midnight and 7 a.m., for the time that he or she works on the shift.

(6) An employee is entitled to be paid a shift premium of $8 per shift for all shifts that begin at or after 3 p.m. on a Friday and ends at or before 7 a.m. on a Monday.  This shift premium is payable in addition to any shift premium payable under subsection (4) or (5).

(7) Despite subsection (3), 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 Attorney’s Association.

Civil Service Commission:

Michele Noble

Chair

Morag McLean

Secretary

Dated on March 17, 2000.