O. Reg. 136/02: GENERAL

 

ONTARIO regulation 136/02

made under the

public service act

Made: April 11, 2002
Approved: April 12, 2002
Filed: April 16, 2002

Published in The Ontario Gazette: May 4, 2002

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

(General)

Note: Since the end of 2001, Regulation 977 has been amended by Ontario Regulations 40/02 and 41/02.  Previous amendments are listed in the Table of Regulations published in The Ontario Gazette dated January 19, 2002.

1. (1) Section 10.1 of Regulation 977 of the Revised Regulations of Ontario, 1990 is amended by striking out “Sections 10.2 to 10.11” and substituting “Sections 10.2 to 10.11.4”.

(2) On August 1, 2002, section 10.1 of the Regulation is amended by striking out “Sections 10.2 to 10.11.4” and substituting “Sections 10.2 to 10.11”.

2. (1) Subsection 10.2 (1) of the Regulation is amended by striking out “sections 10.3 to 10.11” and substituting “sections 10.3 to 10.11.3”.

(2) On August 1, 2002, subsection 10.2 (1) of the Regulation is amended by striking out “sections 10.3 to 10.11.3” and substituting “sections 10.3 to 10.11”.

(3) Subsection 10.2 (2) of the Regulation is amended by striking out “sections 10.6 to 10.11” and substituting “sections 10.6 to 10.11.4”.

(4) On August 1, 2002, subsection 10.2 (2) of the Regulation is amended by striking out “sections 10.6 to 10.11.4” and substituting “sections 10.6 to 10.11”.

(5) Subsection 10.2 (3) of the Regulation is amended by striking out “sections 10.6 to 10.11” and substituting “sections 10.6 to 10.11.4”.

(6) On August 1, 2002, subsection 10.2 (3) of the Regulation is amended by striking out “sections 10.6 to 10.11.4” and substituting “sections 10.6 to 10.11”.

3. (1) Subsection 10.3 (1) of the Regulation is revoked and the following substituted:

(1) If overtime credit under sections 10.6 to 10.11.4 is to be calculated at double time, the employee receives one hour of credit for each half-hour of the applicable work.

(1.1) If overtime credit is to be calculated at time-and-a-half, the employee receives 45 minutes credit for each half-hour of the applicable work.

(2) On August 1, 2002, subsections 10.3 (1) and (1.1) of the Regulation are revoked and the following substituted:

(1) If overtime credit under sections 10.6 to 10.11 is to be calculated at time-and-a-half, the employee receives 45 minutes credit for each half-hour of the applicable work.

4. (1) Subsection 10.4 (1) of the Regulation is amended by striking out “sections 10.6 to 10.11” and substituting “sections 10.6 to 10.11.4”.

(2) On August 1, 2002, subsection 10.4 (1) of the Regulation is amended by striking out “sections 10.6 to 10.11.4” and substituting “sections 10.6 to 10.11”.

5. (1) Subsection 10.5 (2) of the Regulation is amended by striking out “section 10.6, 10.7, 10.10 or 10.11” and substituting “section 10.6, 10.7, 10.10, 10.11, 10.11.2, 10.11.3 or 10.11.4”.

(2) On August 1, 2002, subsection 10.5 (2) of the Regulation is amended by striking out “section 10.6, 10.7, 10.10, 10.11, 10.11.2, 10.11.3 or 10.11.4” and substituting “section 10.6, 10.7, 10.10 or 10.11”.

(3) Subsection 10.5 (3) of the Regulation is amended by striking out “section 10.10 or 10.11” and substituting “section 10.10, 10.11, 10.11.2, 10.11.3 or 10.11.4”.

(4) On August 1, 2002, subsection 10.5 (3) of the Regulation is amended by striking out “section 10.10, 10.11, 10.11.2, 10.11.3 or 10.11.4” and substituting “section 10.10 or 10.11”.

6. Subsection 10.11 (4) of the Regulation is revoked and the following substituted:

(4) Employees are not entitled to compensation under this section,

(a) 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; or

(b) if they are employed in a position listed in Schedule 8 to this Regulation.

7. (1) The Regulation is amended by adding the following sections:

Overtime During a Strike or Lock-out
(January to August 2002)

10.11.1 (1) Sections 10.11.2 to 10.11.4 apply with respect to overtime worked on or after January 1, 2002 and before August 1, 2002 at a facility or location listed in Schedule 9 to this Regulation during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful.

(2) Employees who are entitled to compensation under sections 10.11.2, 10.11.3 or 10.11.4 in respect of overtime are not entitled to compensation under sections 10.10 or 10.11 in respect of the same period of overtime.

10.11.2 (1) The Schedule 3, 4 and 5 employees described in subsection 10.6 (3) are entitled to compensation when they work overtime as described in subsection 10.6 (4) or (5) at a facility or location listed in Schedule 9 during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful.

(2) Employees are entitled to compensation under this section for overtime work done on or after January 1, 2002 and before August 1, 2002.

(3) Subject to subsections (4) and (5), the amount and form of compensation are determined under section 10.6.

(4) An employee is not entitled to overtime credit for his or her regular working period during a regularly scheduled work day.

(5) The overtime credit for an employee entitled to compensation under this section is calculated at the following rate:

1. For a Schedule 3 employee, at double time for the work described in subsection 10.6 (8) at a facility or location listed in Schedule 9.

2. For a Schedule 4 or 5 employee, at double time for the work described in subsection 10.6 (9) at a facility or location listed in Schedule 9.

10.11.3 (1) The Schedule 6 employees described in subsection 10.11 (3), excluding those described in subsection 10.11 (4), are entitled to compensation when they work overtime as described in subsection (4) at a facility or location listed in Schedule 9 during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful.

(2) Employees are entitled to compensation under this section for overtime work done on or after January 1, 2002 and before August 1, 2002.

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

(4) For the purposes of this section, a full-time or part-time employee is considered to be working overtime during a strike or lock-out when he or she works 44 hours or more during a week with his or her supervisor’s authorization.

(5) An employee is not considered to be working overtime when the employee is,

(a) on call;

(b) on stand-by; or

(c) travelling to his or her normal place of work or to his or her headquarters.

(6) If the employee’s supervisor authorizes the employee to work overtime during the strike or lock-out, the employee is entitled to receive overtime credit calculated at double time for his or her work at a facility or location listed in Schedule 9 in excess of 36¼ hours worked during the week at any location.  However, the employee is not entitled to overtime credit for any hours worked without his or her supervisor’s authorization.

(7) For the purposes of subsections (4) and (6), a week begins on Monday.

(8) The employee shall be compensated as follows for the overtime credit he or she receives under this section:

1. The employee is entitled to be paid a lump sum for his or her overtime credit.

2. However, if the employee and his or her supervisor agree, the employee shall instead be entitled to take compensating leave for all or part of his or her overtime credit.

3. Compensating leave must be taken within one of the following periods, to be chosen by the employee’s supervisor:

i. Within one year after the strike or lock-out begins.

ii. Within the fiscal year in which the employee earns the overtime credit.

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 overtime credit.

10.11.4 (1) The Schedule 6 employees described in subsection (3) who perform work at the Ministry of Correctional Services’ strike response centre listed in Schedule 9 are entitled to compensation when they work overtime as described in subsection (4) at a facility or location listed in Schedule 9 during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful.

(2) Employees are entitled to compensation under this section for overtime work done on or after January 1, 2002 and before August 1, 2002.

(3) Employees are entitled to compensation under this section if they are employed in the Senior Management Group 3 class.

(4) For the purposes of this section, an employee is considered to be working overtime during a strike or lock-out when he or she works more than 60 hours during a week with his or her supervisor’s authorization.

(5) An employee is not considered to be working overtime when the employee is,

(a) on call;

(b) on stand-by; or

(c) travelling to his or her normal place of work or to his or her headquarters.

(6) If the employee’s supervisor authorizes the employee to work overtime during the strike or lock-out, the employee is entitled to receive overtime credit calculated at double time for his or her work at a facility or location listed in Schedule 9 in excess of 60 hours during the week.  However, the employee is not entitled to overtime credit for any hours worked at that location without his or her supervisor’s authorization.

(7) For the purposes of subsection (6), a week begins on Monday.

(8) The employee shall be compensated as follows for the overtime credit he or she receives under this section:

1. The employee is entitled to be paid a lump sum for his or her overtime credit.

2. However, if the employee and his or her supervisor agree, the employee shall instead be entitled to take compensating leave for all or part of his or her overtime credit.

3. Compensating leave must be taken within one of the following periods, to be chosen by the employee’s supervisor:

i. Within one year after the strike or lock-out begins.

ii. Within the fiscal year in which the employee earns the overtime credit.

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 overtime credit.

(2) On August 1, 2002, sections 10.11.1, 10.11.2, 10.11.3 and 10.11.4 of the Regulation are revoked.

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

Holiday Pay During a Strike or Lock-out

10.14.1 (1) A Schedule 6 employee described in subsection (4) 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) and the holiday occurs during a strike by, or lock-out of, employees in the Ontario Public Service, whether or not the strike or lock-out is lawful.

(2) Employees are entitled to holiday pay under this section for holidays on or after January 1, 2002.

(3) 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.

(4) Employees are entitled to holiday pay under this section if they are employed in any of the following classes:

1. The Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XSMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes.

2. The Information Technology Executive ITX 1 or 2 classes.

3. Those employed in a class of position set out in Schedule 6 if the class falls within the Management Compensation Plan, but not those described in subsection (5).

(5) Employees are not entitled to compensation under this section,

(a) 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; or

(b) if they are employed in a position listed in Schedule 8.

(6) 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.

(7) 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 an employee whose regularly scheduled work day is seven and one-quarter hours long,

ii. eight hours, in the case of an 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.

(8) 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.

(9) 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 (7), whichever applies.

9. Subsection 10.16.1 (5) of the Regulation is revoked and the following substituted:

(5) Employees are not entitled to compensation under this section,

(a) 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; or

(b) if they are employed in a position listed in Schedule 8 to this Regulation.

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

Schedule 8

1. Assistant Deputy Attorney General, Criminal Law Division (Ministry of the Attorney General).

2. Assistant Deputy Attorney General, Legal Services Division (Ministry of the Attorney General).

3. Chief Legislative Counsel (Office of Legislative Counsel, Ministry of the Attorney General).

4. Children’s Lawyer (Office of the Children’s Lawyer, Ministry of the Attorney General).

11. (1) The Regulation is amended by adding the following Schedule:

Schedule 9

1. Facilities administered by the Ministry of Community and Social Services:

1. Child and Parent Resource Institute.

2. Huronia Regional Centre.

3. Rideau Regional Centre.

4. South Western Regional Centre.

5. Thistletown Regional Centre for Children and Adolescents.

2. Facilities administered by the Ministry of Correctional Services:

1. In the central region,

i. Maplehurst Correctional Centre.

ii. Mimico Correctional Centre.

iii. Ontario Correctional Institute.

iv. Toronto East Detention Centre.

v. Toronto Jail.

vi. Toronto West Detention Centre.

vii. Toronto Youth Assessment Centre.

viii. Vanier Centre.

2. In the eastern region,

i. Brockville Jail.

ii. Brookside Youth Centre.

iii. Cornwall Jail.

iv. Lindsay Jail.

v. Millbrook Correctional Centre.

vi. Ottawa-Carleton Detention Centre.

vii. Pembroke Jail.

viii. Quinte Detention Centre.

ix. Rideau Correctional and Treatment Centre.

x. Whitby Jail.

3. In the northern region,

i. Cecil Facer Youth Centre.

ii. Fort Frances Jail.

iii. Kenora Jail.

iv. Monteith Correctional Centre.

v. North Bay Jail.

vi. Northern Treatment Centre.

vii. Sault Ste. Marie Jail.

viii. Sudbury Jail.

ix. Thunder Bay Correctional Centre.

x. Thunder Bay Jail.

4. In the western region,

i. Bluewater Youth Centre.

ii. Brantford Jail.

iii. Burtch Correctional Centre.

iv. Chatham Jail.

v. Elgin-Middlesex Detention Centre.

vi. Guelph Correctional Centre.

vii. Hamilton-Wentworth Detention Centre.

viii. Niagara Detention Centre.

ix. Owen Sound Jail.

x. Sarnia Jail.

xi. Sprucedale Youth Centre.

xii. Stratford Jail.

xiii. Walkerton Jail.

xiv. Windsor Jail.

3. The Ministry of Correctional Services’ strike response centre located in the Bell Cairn Staff Development Centre, 467 Beach Boulevard, Hamilton.

4. Facilities administered by the Ministry of Health and Long-Term Care:

1. Lakehead Psychiatric Hospital.

2. North Bay Psychiatric Hospital.

3. Penetanguishene Mental Health Centre.

4. Whitby Mental Health Centre.

(2) On August 1, 2002, Schedule 9 to the Regulation is revoked.

12. (1) Subject to subsection (2), this Regulation comes into force on the day on which it is filed.

(2) Subsections 1 (2), 2 (2), (4), (6), 3 (2), 4 (2), 5 (2), (4), 7 (2) and 11 (2) come into force on August 1, 2002.

Civil Service Commission:

Kathryn A. Bouey

Chair

Morag McLean

Secretary

Dated on April 11, 2002.

18/02