O. Reg. 40/02: GENERAL

 

ONTARIO regulation 40/02

made under the

public service act

Made: January 11, 2002
Approved: January 23, 2002
Filed: February 8, 2002
Printed in The Ontario Gazette: February 23, 2002

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

(General)

1. Subsection 1 (1) of Regulation 977 of the Revised Regulations of Ontario, 1990, is amended by adding the following definition:

“term classified employee” means a person appointed to the term classified service under subsection 7.1 (1) of the Act.

2. (1) Subsection 4 (2) of the Regulation is amended by inserting “exercise the powers and” after “designate a civil servant in the ministry to”.

(2) Section 4 of the Regulation is amended by adding the following subsection:

(2.1) A term classified employee cannot be assigned to a position under subsection (1) or designated to exercise powers and perform duties under subsection (2) unless the terms of his or her appointment permit such an assignment or designation.

3. Section 5 of the Regulation is amended by adding the following subsection:

(2) A term classified employee cannot be assigned to a position under subsection (1) unless the terms of his or her appointment permit such an assignment.

4. Section 11 of the Regulation is amended by adding the following subsection:

(5) This section does not apply to a full-time civil servant who is a term classified employee.

5. (1) Subsection 14 (5) of the Regulation is revoked and the following substituted:

(5) A deputy minister who proposes to release a full-time civil servant, other than a term classified employee, shall give at least six months written notice of the release to the civil servant.

(5.1) A deputy minister who proposes to release a full-time civil servant who is a term classified employee shall give at least 16 weeks written notice of the release to the employee.

(2) Section 14 of the Regulation is amended by adding the following subsection:

(10) Subsections (2), (3), (4), (7) and (8) do not apply with respect to a term classified employee.

6. Section 23 of the Regulation is amended by adding the following subsection:

(2) This section does not apply with respect to a civil servant who is a term classified employee.

7. (1) Subsection 31 (1) of the Regulation is amended by adding the following paragraph:

3. A term classified employee.

(2) Subsections 31 (2) and (3) of the Regulation are revoked.

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

43. The Board may make rules governing the practice and procedure to be used in matters before it.

9. (1) The definition of “continuous service” in subsection 56 (1) of the Regulation is revoked and the following substituted:

“continuous service” means the period of unbroken service during which a person is an employee and during which the employee,

(a) receives his or her regular salary,

(b) is absent on leave without pay for a period that does not exceed 30 days,

(c) is absent on pregnancy leave under subsection 65 (2) or parental leave under subsection 65 (7), or

(d) qualifies for or is receiving a benefit under the Long Term Income Protection Plan,

and includes the periods described in subsections (3) and (4), except as otherwise specified by subsections (5) and (6).

(2) Section 56 of the Regulation is amended by adding the following subsections:

(3) If an employee who is a civil servant was an unclassified employee within 13 weeks before his or her last appointment as a civil servant, the period of unclassified service is included in the employee’s period of continuous service.

(4) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and if the breaks in service were not more than 13 weeks long, the periods of unclassified service are included in the employee’s period of continuous service.

(5) If an employee described in subsection (3) was an unclassified employee whose unclassified service was broken, and on one or more occasions the employee’s break in service was more than 13 weeks long, the employee’s period of continuous service does not include periods of service that occurred before the most recent break of more than 13 weeks.

(6) Subsections (3), (4) and (5) do not apply with respect to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.

10. The Regulation is amended by adding the following section after the heading “Vacation Entitlements”:

58.1 (1) The Secretary of Management Board may establish a policy that permits a deputy minister to give more vacation credits to an employee than the vacation credits to which the employee is otherwise entitled under clause 59 (1) (a) or subclause 59 (1) (b) (ii) or (iii).

(2) The additional vacation credits may be given to the employee at the time that he or she becomes employed in the public service, but not after he or she is so employed.

(3) The additional vacation credits must not exceed 5/6 of a day per month for a full-time employee.

(4) The following employees are not eligible to receive additional vacation credits under this section:

1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association.

2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner.

11. (1) Subsection 59 (9) of the Regulation is amended by adding “and” at the end of clause (a), striking out “and” at the end of clause (b) and revoking clause (c).

(2) Section 59 of the Regulation is amended by adding the following subsection:

(9.1) The following employees are not entitled to vacation credits if they receive benefits under an award made under the Workplace Safety and Insurance Act, 1997 in respect of a whole month after the first six months in which they receive such benefits, unless they are receiving payment for accumulated credits during that whole month:

1. Employees represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association.

2. Commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner.

(3) Subsection 59 (11) of the Regulation is revoked and the following substituted:

(11) An employee may accumulate vacation credits,

(a) to a maximum of three times his or her annual credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or

(b) to a maximum of twice his or her annual credits, in the case of any other employee.

(11.1) Despite subsection (11), an employee’s vacation credits shall be reduced not later than December 31 in each year,

(a) to a maximum of two year’s credits, in the case of an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association; or

(b) to a maximum of one year’s credits, in the case of any other employee.

(4) Subsection 59 (12) of the Regulation is amended by striking out “subsection (11)” in the portion after clause (c) and substituting “subsection (11.1)”.

(5) Subsection 59 (13) of the Regulation is revoked and the following substituted:

(13) An employee commencing employment during a year shall be credited at that time with vacation credits calculated in accordance with subsection (1), in the case of a full-time employee, or with subsection (2) in the case of a part-time employee, for the balance of the calendar year.

(13.1) Subject to subsection (13.2), an employee commencing employment during a year is not entitled to take vacation until he or she completes six months of continuous service in the public service.

(13.2) An employee who has not completed six months of continuous service in the public service may take a maximum of 10 days of vacation with the approval of his or her deputy minister.

(13.3) If an employee takes vacation under subsection (13.2), the employee’s accumulated vacation credits for the year and, if necessary, for the following year shall be reduced by the vacation taken.

(6) Subsection 59 (18) of the Regulation is revoked and the following substituted:

(18) If the employee leaves the public service before completing six months of continuous service, he or she is entitled to vacation pay at the rate of 4 per cent of the earnings of the employee during the period of his or her employment, from which is subtracted his or her earnings for the period of any vacation taken under subsection (13.2).

(18.1) If the amount to be subtracted under subsection (18) from an employee’s earnings exceeds 4 per cent of the earnings of the employee during the period of his or her employment, the employee shall pay the difference to the Crown.

(7) Section 59 of the Regulation is amended by adding the following subsection:

(20.1) No payment shall be made under subsection (19) or (20) for vacation credits that are forfeited under subsection (11.1).

12. (1) Subsection 65 (2) of the Regulation is amended by striking out “Part XI of the Employment Standards Act” and substituting “Part XIV of the Employment Standards Act, 2000”.

(2) Subsection 65 (7) of the Regulation is amended by striking out “Part XI of the Employment Standards Act” and substituting “Part XIV of the Employment Standards Act, 2000”.

(3) Clause 65 (8) (b) of the Regulation is amended by striking out “thirty-five weeks” and substituting “52 weeks”.

(4) Subsection 65 (10) of the Regulation is revoked and the following substituted:

(10) Parental leave ends not later than 37 weeks after it begins or, in the case of parental leave taken by an employee who also takes pregnancy leave in respect of the same child, 35 weeks after it begins.

(11) The employee may notify his or her supervisor of the date on which the employee wishes to end his or her parental leave, and the notice must be given at least four weeks before the date chosen by the employee.

13. (1) Section 65.1 of the Regulation is amended by adding the following subsection:

(1.1) Subsections (1) to (3.3) do not apply with respect to a term classified employee.

(2) Subsections 65.1 (2) and (3) of the Regulation are revoked and the following substituted:

(2) The following is the amount of the pregnancy leave allowance under the Plan for an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association or a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:

1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks.

2. For each of the following weeks of the pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and

ii.  the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(2.1) The following is the amount of the pregnancy leave allowance under the Plan for an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association:

1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay less all other wages or salary earned by the employee during the two weeks.

2. For each of the following weeks of the pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay, and

ii.  the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(2.2) The following is the amount of the pregnancy leave allowance under the Plan for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:

1. For the first two weeks of the pregnancy leave, an amount equal to 93 per cent of the employee’s weekly pay less all other wages or salary earned by the employee during the two weeks.

2. For each of the following weeks of pregnancy leave, to a maximum of 15 weeks, an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay, and

ii.  the sum of the pregnancy benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(3) The following is the amount of the parental leave allowance under the Plan for an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association or a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:

1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,

i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)) less all other wages or salary earned by the employee during the two weeks, and

ii. for each of the following weeks of parental leave, to a maximum of 15 weeks, the amount described in paragraph 2.

2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 15 weeks, is an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay (as adjusted under subsection (3.3)), and

ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(3.1) The following is the amount of the parental leave allowance under the Plan for an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association:

1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,

i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay less all other wages or salary earned by the employee during the two weeks, and

ii. for each of the following weeks of parental leave, to a maximum of 15 weeks, the amount described in paragraph 2.

2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 15 weeks, is an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay, and

ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(3.2) The following is the amount of the parental leave allowance under the Plan for a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner:

1. If the employee elects to be subject to the two-week waiting period under the Employment Insurance Act (Canada) before receiving benefits under that Act, the amount of the allowance is,

i. for those two weeks, an amount equal to 93 per cent of the employee’s weekly pay less all other wages or salary earned by the employee during the two weeks, and

ii. for each of the following weeks of parental leave, to a maximum of 10 weeks, the amount described in paragraph 2.

2. In any other case, the amount of the allowance for each week of the parental leave, to a maximum of 10 weeks, is an amount equal to the difference between,

i. 93 per cent of the employee’s weekly pay, and

ii. the sum of the parental benefits that the employee receives under the Employment Insurance Act (Canada) for the week and all other wages or salary earned by the employee during the week.

(3.3) For the purposes of subsections (2) and (3), the employee’s weekly pay must be adjusted to reflect the employee’s progression on the wage grid during the leave and any negotiated or amended wage rates for the classification of the employee’s position that are implemented during the leave.

(3) Subsections 65.1 (7), (8) and (9) of the Regulation are revoked and the following substituted:

(7) An employee who is on pregnancy leave is entitled to a parental leave of a maximum of 35 weeks without pay but with accumulation of credits.

(8) An employee who is on parental leave, other than a parental leave described in subsection (7), is entitled to a further leave of absence of a maximum of six weeks without pay but with accumulation of credits, and the further leave must begin immediately after the parental leave expires.

(9) An employee who wishes to take a leave described in subsection (7) or (8) shall apply for it in writing at least two weeks before the pregnancy leave or parental leave, as the case may be, expires.

(4) Subsection 65.1 (10) of the Regulation is amended by striking out “subsection (7) or (9)” and substituting “subsection (8)”.

(5) Section 65.1 of the Regulation is amended by adding the following subsection:

(10.1) Despite subsection (10), the entitlement of a term classified employee to be reinstated ceases when his or her appointment to the term classified service expires.

14. Subsection 70.1 (1) of the Regulation is amended by adding at the end “and term classified employees”.

15. Section 71 of the Regulation is amended by adding the following subsection:

(5) The benefits provided for term classified employees under each group insurance coverage do not have to be the same as the benefits provided for other employees.

16. (1) Subsection 74 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who chooses to participate in the Plan (other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner), life insurance coverage of,

. . . . .

(2) Section 74 of the Regulation is amended by adding the following subsection:

(1.1) The Dependents’ Life Insurance Plan shall provide, in respect of each commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner who chooses to participate in the Plan, life insurance coverage of $2,000 for the spouse or same-sex partner of the officer and $1,000 for each child of the officer.

(3) Subsection 74 (2) of the Regulation is amended by striking out “In subsection (1)” in the portion before the definition and substituting “In this section”.

17. (1) Section 75 of the Regulation is amended by adding the following subsections:

(1.1) For the purposes of this section, an employee (other than a term classified employee) is totally disabled if,

(a) during the qualifying period and for the first 24 months of the period in respect of which benefits may be paid, the employee is continuously unable, 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 employee is unable, as a 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.

(1.2) For the purposes of this section, a term classified employee is totally disabled if, during the qualifying period and during the period in respect of which benefits may be paid, the employee is continuously unable, as a result of sickness or injury, to perform the essential duties of the employee’s normal occupation.

. . . . .

(2.1) Despite subsection (2), the benefit for a term classified employee continues until the earliest of,

(a) 24 months after the employee becomes entitled to receive the benefit;

(b) termination of the total disability;

(c) death;

(d) the end of the month in which the employee reaches 65 years of age; or

(e) the expiry of his or her appointment to the term classified service.

(2) Subsection 75 (6) of the Regulation is revoked and the following substituted:

(6) The employer shall pay 85 per cent of the premium costs for every employee who participates in the Plan, other than commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner, and 90 per cent of the premium costs for those officers, and the employee shall pay the balance of the premium costs through payroll deduction.

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

“total disability” means, with respect to an employee, a disability that renders the employee totally disabled as described in subsection (1.1) or (1.2).

18. (1) Subsection 77 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) The Supplementary Health and Hospital Insurance Plan shall provide to every employee who joins the Plan, other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner or a term classified employee,

. . . . .

(2) Section 77 of the Regulation is amended by adding the following subsections:

(1.1) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every commissioned officer in the Ontario Provincial Police force below the rank of deputy Commissioner who joins the Plan, subject to the following conditions and restrictions:

1. The maximum amount of the reimbursement for the dispensing fee for drugs and medicine is $8 for each prescription.

2. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.

(1.2) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every term classified employee who joins the Plan, subject to the following conditions and restrictions:

1. The maximum amount of the reimbursement for a drug or medicine (excluding the dispensing fee) is the cost of the generic form of the drug or medicine.

2. The maximum amount of the reimbursement for the dispensing fee for drugs and medicine is $8 for each prescription.

3. The employee is not entitled to be reimbursed for drugs or medicine that is available without a prescription.

4. No benefits are payable for expenses incurred outside Canada.

5. The employee is not entitled to be reimbursed for more than one pair of orthotics per person in a calendar year and the maximum amount of the reimbursement for a pair of orthotics is $500.

19. (1) Subsection 78 (1) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(1) The Dental Insurance Plan shall reimburse every employee who elects to participate in the Plan, other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner or a term classified employee, for the following expenses and the reimbursement is in the following amount:

. .  . . .

(2) Section 78 of the Regulation is amended by adding the following subsection:

(1.1) The Dental Insurance Plan shall reimburse every term classified employee who elects to participate in the Plan for the expenses, and in the amounts, described in paragraphs 1, 2 and 4 of subsection (1), subject to the following conditions and restrictions:

1. Coverage under the Plan for an individual or family is subject to a $100 deductible amount each year.

2. The employee is not entitled to be reimbursed for more than one recall examination by a dentist every nine months for an individual over 12 years old and every six months for a younger individual.

(3) Subsection 78 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

(2) If a commissioned officer in the Ontario Provincial Police Force below the rank of deputy commissioner elects to participate in the Dental Insurance Plan, the Plan shall reimburse the officer for the following expenses and in the following amount:

. . . . .

(4) Paragraph 1 of subsection 78 (2) of the Regulation is amended by adding at the end “However, the employee is not entitled to be reimbursed for more than one recall examination by a dentist every nine months for an individual over 12 years old and every six months for a younger individual.”

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

78.1 (1) Management Board of Cabinet may authorize a cash benefit to be paid to the employees described in subsection (2) in lieu of their entitlement to group insurance coverages under sections 72 to 78.

(2) Term classified employees who are in the Senior Management Group are eligible for any cash payment authorized under subsection (1).

(3) The employee is entitled to receive the cash benefit authorized under subsection (1) instead of the group insurance coverages only if he or she has the prior approval of the Commission to do so.

21. Section 79 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to a term classified employee.

22. Section 80 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to a term classified employee.

23. Section 81 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to a term classified employee.

24. Section 83 of the Regulation is amended by adding the following subsection:

(1.1) Subsection (1) does not apply to a term classified employee.

25. Section 84 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to a term classified employee.

26. Subsections 86 (1) and (2) of the Regulation are revoked and the following substituted:

(1) The total of the amount paid to an employee, other than an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary on the date when he or she ceases to be an employee.

(1.1) The calculation of the severance pay of an employee to whom subsection (1) applies is based on his or her salary on the date when he or she ceases to be an employee.

(2) The total of the amount paid to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in respect of accumulated attendance credits and his or her severance pay must not exceed one-half of his or her annual salary,

(a) on the date when he or she ceases to be an employee; or

(b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan.

(2.1) The calculation of the severance pay of an employee to whom subsection (2) applies is based on his or her salary,

(a) on the date when he or she ceases to be an employee; or

(b) in the case of an employee receiving benefits under the Long Term Income Protection Plan, on the date when the employee received his or her last salary before receiving benefits under the Plan.

(2.2) Subsections (1) and (2) do not apply to a term classified employee.

27. Section 87 of the Regulation is amended by adding the following subsection:

(2.1) Subsections (1) and (2) do not apply to a term classified employee.

28. Subsection 88 (2) of the Regulation is amended by inserting “other than a term classified employee” after “full-time employee”.

Civil Service Commission:

Kathryn A. Bouey

Chair

Morag McLean

Secretary

Dated on January 11, 2002

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