O. Reg. 399/01: GENERAL

 

ONTARIO regulation 399/01

made under the

public service act

Made: September 24, 2001
Approved: October 24, 2001
Filed: October 25, 2001
Printed in The Ontario Gazette: November 10, 2001

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

(General)

1. Clause 10 (4) (c) of Regulation 977 of the Revised Regulations of Ontario, 1990 is amended by striking out “Workers’ Compensation Act” and substituting “Workplace Safety and Insurance Act, 1997”.

2. The definition of “continuous service” in subsection 56 (1) of the Regulation is amended by striking out “a leave of absence or break in service referred to in section 12 of the Act” in the portion after clause (c) and substituting “a leave of absence referred to in section 28.6 of the Act or in a predecessor to that section”.

3. (1) Subsection 59 (1) of the Regulation is amended by striking out “Effective the 1st day of January, 1990” at the beginning.

(2) Clause 59 (1) (d) of the Regulation is revoked and the following substituted:

(d) 2½ days per month after 26 years of continuous service.

(3) Subsection 59 (3) of the Regulation is amended by striking out “As of the 1st day of January, 1991” at the beginning.

(4) Subsection 59 (4) of the Regulation is amended by striking out “As of the 1st day of January, 1990” at the beginning.

(5) Subsections 59 (6) and (7) of the Regulation are revoked.

(6) Clause 59 (9) (c) of the Regulation is amended by striking out “Workers’ Compensation Act” and substituting “Workplace Safety and Insurance Act, 1997”.

(7) Clause 59 (12) (a) of the Regulation is amended by striking out “Workers’ Compensation Act” and substituting “Workplace Safety and Insurance Act, 1997”.

(8) Clause (b) of the definition of “continuous service” in subsection 59 (24) of the Regulation is revoked and the following substituted:

(b) an employee’s absence by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997;

4. Clause 60 (6) (a) of the Regulation is amended by striking out “Public Service Pension Act” and substituting “Public Service Pension Plan”.

5. The heading preceding section 62 of the Regulation is revoked and the following substituted:

benefits under the workplace safety
and insurance act, 1997

6. (1) Subsection 62 (1) of the Regulation is amended by striking out “industrial disease for which a claim is made under the Workers’ Compensation Act” and substituting “occupational disease for which a claim is made under the Workplace Safety and Insurance Act, 1997”.

(2) Subsection 62 (2) of the Regulation is amended by striking out “industrial disease for which an award is made under the Workers’ Compensation Act” and substituting “occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997”.

(3) Subsection 62 (3) of the Regulation is amended by striking out,

(a) “As of the 1st day of January, 1989” at the beginning; and

(b) “industrial disease for which an award is made under the Workers’ Compensation Act” and substituting “occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997”.

(4) Subsection 62 (4) of the Regulation is amended by striking out “Workers’ Compensation Act” and substituting “Workplace Safety and Insurance Act, 1997”.

(5) Subsection 62 (6) of the Regulation is amended by striking out “industrial disease for which an award is made under the Workers’ Compensation Act” and substituting “occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997”.

7. (1) Subsection 64 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) An employee is entitled,

. . . . .

(2) Subsection 64 (1) of the Regulation is amended by striking out “on or after the 15th day of June, 1990” in the portion after clause (b).

(3) Subsection 64 (2) of the Regulation is amended by striking out “As of the 1st day of January, 1989” at the beginning.

(4) Subsection 64 (2.1) of the Regulation is amended by striking out “As of the 1st day of January, 1991” at the beginning.

(5) Subsection 64 (3) of the Regulation is amended by striking out “on or after the 15th day of June, 1990”.

8. (1) Subsection 65.1 (1) of the Regulation is amended by striking out,

(a) “in respect of the adoption of a child by the employee”; and

(b) “Unemployment Insurance Act (Canada)” and substituting “Employment Insurance Act (Canada)”.

(2) Clause 65.1 (2) (b) of the Regulation is amended by striking out “Unemployment Insurance Act (Canada)” wherever it appears and substituting in each case “Employment Insurance Act (Canada)”.

(3) Subsection 65.1 (3) of the Regulation is amended by striking out,

(a) “in respect of the adoption of a child by the employee”; and

(b) “Unemployment Insurance Act (Canada)” wherever it appears and substituting in each case “Employment Insurance Act (Canada)”.

(4) Subsection 65.1 (9) of the Regulation is amended by striking out “without accumulation of credits” and substituting “with accumulation of credits”.

9. Subclause 70 (8) (c) (ii) of the Regulation is revoked and the following substituted:

(ii) for contributions made by the Government of Ontario on behalf of the employee in respect of the Public Service Pension Plan, the Canada Pension Plan, the Employment Insurance Act (Canada) and group insurance plans.

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

self-funded leave

70.1 (1) The Secretary of Management Board of Cabinet shall plan and provide a self-funded leave plan for civil servants other than commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner.

(2) During a self-funded leave, a civil servant’s group insurance benefits continue if the civil servant continues to pay his or her share of the premiums for the insurance during the leave.

11. (1) Subsections 75 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) The Long Term Income Protection Plan shall provide the benefit described in subsection (3) or (3.1) to an employee who participates in the Plan and who is totally disabled, is under the care of or is receiving treatment from a legally qualified medical practitioner and is not, except for the purpose of rehabilitation, engaged in any occupation or employment for which he or she receives a wage or profit.

(2) The employee is entitled to receive the benefit beginning immediately after a qualifying period of six continuous months of total disability and continuing until the earliest of,

(a) termination of the total disability;

(b) death; or

(c) the end of the month in which the employee reaches 65 years of age.

(3) The amount of the annual benefit payable during a calendar year (the “payment year”) to an employee other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is calculated using the formula,

A – (B + C)

in which,

  “A” is,

(a) for the first payment year in which the benefit is paid, 66⅔ per cent of the employee’s regular salary immediately before the beginning of the qualifying period,

(b) for each subsequent payment year, the amount of “A” for the previous year, increased by the average annual increase, expressed as a percentage, in the Ontario Consumer Price Index as published by Statistics Canada in January of the payment year, to a maximum of 2 per cent,

  “B” is the total amount of the other disability and retirement benefits, if any, payable for the year to the employee under any other plans to which the employee contributes, other than payments under the Workplace Safety and Insurance Act, 1997 for an unrelated disability, and

  “C” is 50 per cent of any rehabilitation earnings of the employee for the year.

(3.1) The amount of the annual benefit payable during a calendar year to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is calculated using the formula,

D – (E + F)

in which,

“D” is 66⅔ per cent of the officer’s regular salary immediately before the beginning of the qualifying period,

“E” is the total amount of the other disability and retirement benefits, if any, payable for the year to the officer under any other plans to which the officer contributes, other than payments under the Workplace Safety and Insurance Act, 1997 for an unrelated disability, and

“F” is 50 per cent of any rehabilitation earnings of the officer for the year.

(2) Subsection 75 (6) of the Regulation is amended by striking out “Effective the 1st day of November, 1975” at the beginning.

(3) The definition of “total disability” in subsection 75 (7) of the Regulation is revoked and the following substituted:

“total disability” means,

(a) during the qualifying period and the first 24 months of the period in respect of which benefits may be paid, the continuous inability of the employee, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation, and

(b) during the balance of the period in respect of which benefits may be paid, the inability of the employee, as the result of sickness or injury, to perform the essential duties of any gainful occupation for which the employee is reasonably fitted by education, training or experience,

and “totally disabled” has a corresponding meaning.

12. (1) Clause 77 (1) (a) of the Regulation is amended by striking out “within the meaning of Part VI of the Health Disciplines Act” and substituting “as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act”.

(2) Subclauses 77 (1) (b) (i) and (ii) of the Regulation are revoked and the following substituted:

(i) $170 more than the charge by the hospital for standard ward room hospital care, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner, or

(ii) $75 more than the charge by the hospital for standard ward room hospital care, to every employee to whom subclause (i) does not apply;

(3) Subsections 77 (5), (6), (7) and (8) of the Regulation are revoked and the following substituted:

(5) The Supplementary Health and Hospital Insurance Plan shall provide the cost of vision care,

(a) to a maximum of $200 per person every 24 months, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner;

(b) to a maximum of $200 every six months due to a change in prescription, for each child aged 12 years of age or less of a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner; and

(c) to a maximum of $200 per person every 24 months, to every employee to whom clause (a) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids.

(6) The Supplementary Health and Hospital Insurance Plan shall provide the cost of the purchase and repair of a hearing aid (other than the replacement of a battery),

(a) to a maximum of $300 per person every five years, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner; and

(b) to a lifetime maximum of $200 per person, to every employee to whom clause (a) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids.

(7) The additional coverage described in subsections (5) and (6) is subject to the following deductible amount, other than for commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner:

1. $10 for each calendar year for an employee with single coverage.

2. $10 per person for each calendar year to a maximum of $20 for an employee with family coverage.

(8) For the additional coverage described in subsections (5) and (6), the employer shall pay,

(a) 100 per cent of the premiums for each commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner;

(b) 60 per cent of the premiums for each participating full-time employee to whom clause (a) does not apply; and

(c) 60 per cent of the percentage of monthly premiums that apply in clause (2) (b) for each participating part-time employee to whom clause (a) does not apply.

(4) The definitions of “optometrist” and “physician” in subsection 77 (9) of the Regulation are revoked and the following substituted:

“optometrist” means a member of the College of Optometrists of Ontario;

“physician” means a member of the College of Physicians and Surgeons of Ontario;

13. Subsections 78 (1), (2) and (3) of the Regulation are revoked and the following substituted:

(1) The Dental Insurance Plan shall reimburse every employee who elects to participate in the Plan for the following expenses and the reimbursement is in the following amount:

1. Eighty-five per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not to exceed 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred.

2. Fifty per cent of the cost of new dentures specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred.  However, $3,000 per person is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse or same-sex partner and each dependent child of the employee.

3. Fifty per cent of the cost of orthodontic services specified by the Plan and provided to unmarried dependent children of the employee who are more than six years old and less then 19 years old, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred.  However, $3,000 is the maximum reimbursement under this paragraph in respect of each dependent child of the employee.

4. Fifty per cent of the cost of crowns, bridgework and other major restorative services specified by the Plan, to a maximum of 50 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred.  However, $2,000 per person per year is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse or same-sex partner and each dependent child of the employee.

(2) Despite subsection (1), the Dental Insurance Plan shall reimburse every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner for the following expenses and the reimbursement is in the following amount:

1. Ninety per cent of the cost of basic dental services, endodontic services, periodontic services and repair or maintenance services for existing dentures or bridges specified by the Plan, but not to exceed 90 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners in effect when the expense is incurred.

2. Sixty per cent of the cost of new dentures and major restorative and orthodontic services specified by the Plan, to a maximum of 60 per cent of the fees set out in the Ontario Dental Association schedule of fees in effect when the expense is incurred.  However, $2,000 per year is the maximum reimbursement under this paragraph in respect of an employee, the employee’s spouse or same-sex partner and each dependent child of the employee.

14. Clause 80 (b) of the Regulation is revoked and the following substituted:

(b) retirement under section 17 of the Public Service Act;

(b.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan; or

15. Subclause 81 (a) (ii) of the Regulation is revoked and the following substituted:

(ii) retirement under section 17 of the Public Service Act,

(ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or

16. Subclause 83 (1) (a) (ii) of the Regulation is revoked and the following substituted:

(ii) retirement under section 17 of the Public Service Act,

(ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or

Civil Service Commission

Kathryn Bouey

Chair

Morag McLean

Secretary

Dated on September 24, 2001.