# result(s) prev next

Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.

O. Reg. 1/04: GENERAL

filed January 19, 2004 under Public Service Act, R.S.O. 1990, c. P.47

Print Download

ONTARIO regulation 1/04

made under the

public service act

Made: December 5, 2003
Approved: December 17, 2003
Filed: January 19, 2004
Printed in The Ontario Gazette: February 7, 2004

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 definitions:

“Management Compensation Plan” or “MCP” means the classifications of positions of persons employed by the Crown in managerial, administrative, professional, technical, clerical, operational or confidential capacities other than the classifications of positions of persons in,

(a) units of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993,

(b) the deputy minister class, and

“Senior Management Group” or “SMG” means the classes, other than the deputy minister class, of positions of persons employed by the Crown in senior management capacities and classified as positions within the Senior Management Group on or after January 1, 1991;

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

(4) Nothing in any of the following provisions applies to an employee appointed to Group 1 of the unclassified service:

1. Part II (Conditions of Employment): sections 7 to 10 and 11 to 14.1.

2. Part III (Staff Development): section 17, subsection 18 (2) and sections 19 to 24.

3. Part V (Grievance Procedure): sections 30 to 43.

3. Subsection 10.2 (1) of the Regulation is revoked.

4. (1) Subsection 10.7 (4) of the Regulation is revoked and the following substituted:

(4) For the purposes of this section, an employee is considered to be working overtime when the employee, with the authorization of his or her supervisor,

(a) works on a day that is not a regularly scheduled work day for the employee; or

(b) works more than 36 ¼ hours in a week.

(2) Subsection 10.7 (7) of the Regulation is revoked and the following substituted:

(7) An employee described in subsection (3) receives overtime credit calculated at the following rate for his or her overtime work:

1. If the employee works overtime on a day that is not his or her regularly scheduled work day, overtime credit is calculated at straight time for the overtime that he or she works on that day.

2. If, during a week, the employee works more than 36 ¼ hours but less than 48 hours on his or her regularly scheduled work days, overtime credit is calculated at one-half time for each hour of overtime work performed on a regularly scheduled work day during that week.

3. If, during a week, the employee works 48 hours or more on his or her regularly scheduled work days, overtime credit is calculated at,

i. one-half time for each hour of overtime work performed on a regularly scheduled work day during that week, for the hours of work between 36 ¼ hours and 48 hours on regularly scheduled work days, and

ii. straight time for the hours in excess of 48 hours worked on regularly scheduled work days during that week.

5. Subsection 10.13 (1) of the Regulation is revoked.

6. (1) Subsection 10.19 (1) of the Regulation is amended by striking out “or (6)” at the end.

(2) Subsection 10.19 (2) of the Regulation is amended by striking out “or (6)”.

(3) Subsections 10.19 (5) and (6) of the Regulation are revoked and the following substituted:

(5) An employee is entitled to be paid a shift premium of 78 cents per hour,

(a) for the time that he or she works between 5 p.m. and 7 a.m.; or

(b) if more than half of the time that he or she works on a shift falls between 5 p.m. and 7 a.m., for the time that he or she works on the shift.

(6) Employees are entitled to be paid a shift premium at the rate specified under subsection (5) for work performed on and after January 1, 2002.

(4) Subsection 10.19 (7) of the Regulation is amended by striking out “subsections (5) and (6)” in the portion before paragraph 1 and substituting “subsection (5)”.

7. Subsection 12 (3) of the Regulation is amended by striking out “as defined in section 1 of Part I of Schedule 1” at the end.

8. (1) Paragraph 1 of subsection 14.1 (2) of the Regulation is amended by striking out “as defined in section 1 of Part I of Schedule 1”.

(2) Paragraph 2 of subsection 14.1 (2) of the Regulation is amended by striking out “as defined in section 1 of Part I of Schedule 1”.

9. Subsection 18 (5) of the Regulation is revoked.

10. The title to Part VI of the Regulation is revoked and the following substituted:

part vi
benefits — classified employees and other specified employees

11. Part VI of the Regulation is amended by adding the following section:

Application and Interpretation

55.1 (1) This Part applies to every civil servant who,

(a) is not within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993; or

(b) is not represented by the Ontario Provincial Police Association under this Act.

(2) This Part applies to every person appointed to the service of the Crown in the office of a member of the Executive Council.

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

“employee” means a person to whom this Part applies by virtue of section 55.1;

(2) The definition of “Senior Management Group” in subsection 56 (1) of the Regulation is revoked.

13. Section 59 of the Regulation is amended by adding the following subsections:

(6) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy commissioner is entitled to vacation credits at the rate of 5/12 of a day per month, in addition to any vacation credits accumulated under clause (1) (a), subclause (1) (b) (i), clause (1) (c) or (d) or subsection (3) if, immediately before the officer became a police officer with the Ontario Provincial Police Force, he or she had completed at least eight years of continuous service as a police officer with another Canadian police force.

(7) In order for a commissioned officer to qualify for additional vacation credits under subsection (6), the eight years of continuous service referred to in that subsection must have been served at the same police force.

(7.1) Despite the definitions of “continuous service” in subsection 56 (1) and 59 (24), in subsection (6),

“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 by reason of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997 or under an equivalent statute in force in a Canadian jurisdiction outside Ontario,

(d) is absent on pregnancy leave or parental leave under the Employment Standards Act, 2000 or under an equivalent statute in force in a Canadian jurisdiction outside Ontario, or

(e) qualifies for or was receiving a benefit under a Long Term Income Protection Plan.

14. (1) Subsection 62 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsection (2), if a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is absent because of an injury or occupational disease for which an award is made under the Workplace Safety and Insurance Act, 1997, the officer is entitled to be paid his or her salary, without loss of credits, for a period not exceeding six consecutive months or, if the absences are intermittent, for a total of 130 regularly scheduled working days following the first absence because of the injury or disease.

(3.1) Despite subsection (3), if a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner is absent by reason of an injury or occupational disease arising from a malicious action or the negligence of a third party and the officer elects to receive benefits under the Workplace Safety and Insurance Act, 1997 in respect of the injury or disease, the officer is entitled to be paid his or her salary, without loss of credits, for a period not exceeding one year.

(3.2) A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner to whom an award is made under the Workplace Safety and Insurance Act, 1997, that is less than the employee’s regular salary but that applies for a period beyond that set out in subsections (3) or (3.1) may elect to receive benefits under the Short Term Sickness Plan as provided for in section 60, including the right to use his or her accumulated credits to supplement the 75 per cent benefit under the Plan to 100 per cent.

(2) Subsection 62 (4) of the Regulation is amended by striking out “subsection (2) or (3)” wherever it occurs and substituting in each case “subsection (2), (3) or (3.1)”.

(3) Subsection 62 (5) of the Regulation is amended by striking out “subsection (2) or (3)” and substituting “subsection (2), (3) or (3.1)”.

15. (1) Subsection 64 (2.1) of the Regulation is amended by striking out “stepmother or stepfather” at the end and substituting “stepmother or stepfather, a stepgrandparent, stepgrandchild, stepsister or stepbrother or a grandparent of his or her spouse or same-sex partner”.

(2) Section 64 of the Regulation is amended by adding the following subsections:

(3.1) Subsection (3) does not apply to a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.

(3.2) A commissioned officer mentioned in subsection (3.1) is entitled to one day leave of absence with pay in the event of the death of his or her aunt, uncle, niece or nephew.

(3) Subsection 64 (5) of the Regulation is revoked and the following substituted:

(5) Subsection (4) does not apply to commissioned officers in the Ontario Provincial Police Force below the rank of deputy Commissioner, but they may be granted an additional leave of absence under subsection 69 (1) for necessary travel to attend a funeral service.

16. (1) Paragraph 1 of subsection 65.1 (2.1) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(2) Subparagraph 2 i of subsection 65.1 (2.1) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(3) Paragraph 1 of subsection 65.1 (2.2) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(4) Subparagraph 2 i of subsection 65.1 (2.2) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(5) Subparagraph 1 i of subsection 65.1 (3.1) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(6) Subparagraph 2 i of subsection 65.1 (3.1) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(7) Subparagraph 1 i of subsection 65.1 (3.2) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(8) Subparagraph 1 ii of subsection 65.1 (3.2) of the Regulation is amended by striking out “10” and substituting “15”.

(9) Subparagraph 2 i of subsection 65.1 (3.2) of the Regulation is amended by adding “(as adjusted under subsection (3.3))” after “weekly pay”.

(10) Paragraph 2 of subsection 65.1 (3.2) of the Regulation is amended by striking out “10” in the portion preceding subparagraph i and substituting “15”.

(11) Subsection 65.1 (3.3) of the Regulation is amended by striking out “For the purposes of subsections (2) and (3)” at the beginning and substituting “For the purposes of subsections (2), (2.1), (2.2), (3), (3.1) and (3.2)”.

17. (1) Subsection 71 (1) of the Regulation is amended by adding the following paragraphs:

7. A Basic Accidental Death and Dismemberment Plan.

8. A Supplementary Accidental Death and Dismemberment Plan.

9. A Critical Illness Insurance Plan.

(2) Section 71 of the Regulation is amended by adding the following subsections:

(6) An employee is not entitled to the group insurance coverages listed in paragraphs 7, 8 and 9 of subsection (1) if the employee is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association or is employed as a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.

(7) Each of sections 72 to 78.3 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section.

18. (1) Subsection 75 (3) of the Regulation is amended by striking out “other than a commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner” in the portion before the equation.

(2) Subsection 75 (3.1) of the Regulation is revoked.

19. Section 77 of the Regulation is revoked and the following substituted:

77. (1) The Supplementary Health and Hospital Insurance Plan shall provide to every employee who joins the Plan, subject to any restrictions set out in this section,

(a) reimbursement for 90 per cent of the cost of drugs and medicine listed in the Canadian Pharmaceutical Association Compendium of Pharmaceuticals and Specialities and dispensed by a legally qualified medical practitioner or by a pharmacist as defined in subsection 117 (1) of the Drug and Pharmacies Regulation Act on the written prescription of a legally qualified medical practitioner;

(b) reimbursement for charges for private or semi-private room hospital care made by a hospital within the meaning of the Public Hospitals Act or by a hospital that is licensed or approved by the governing body in the jurisdiction in which the hospital is located not exceeding,

(i) $200 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,

(ii) $120 more than the charge by the hospital for standard ward room hospital care, to every employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association, or

(iii) the following amount to every employee to whom subclause (i) or (ii) does not apply,

(A) $75 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received before April 1, 2004, and

(B) $130 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on and after April 1, 2004; and

(c) such other health and hospital expenses as result from treatment and services recommended or approved by a legally qualified medical practitioner as may be provided by the Plan.

(2) 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.

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

4. 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.

5. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500.

(3) 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 reasonable and customary 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.

6. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500.

(4) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every employee represented by the Association of Law Officers of the Crown or Ontario Crown Attorneys’ Association who joins the Plan, subject to the following conditions and restrictions:

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

2. The payment of 90 per cent mentioned in clause (1) (a) is subject to a deductible amount of $5 for each Drug Identification Number (DIN).

3. 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.

4. The employee is not entitled to be reimbursed for more than 75 per cent of the cost of one pair of orthopaedic shoes per person in a calendar year and the maximum amount of the reimbursement for a pair of orthopaedic shoes is $500.

(5) The Supplementary Health and Hospital Insurance Plan shall provide the benefits described in subsection (1) to every employee to whom subsection (1) applies, other than an employee to whom subsection (2), (3) or (4) applies, subject to the following restrictions:

1. The maximum amount of the reimbursement for a drug or medicine is the reasonable and customary cost of the generic form of the drug or medicine.

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

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

4. 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.

(6) Subsection (5) applies with respect to health and hospital expenses incurred for treatment or services provided on and after April 1, 2004.

(7) The employer shall pay,

(a) the premiums for every full-time employee who joins the Supplementary Health and Hospital Insurance Plan; and

(b) 40, 50, 60, 70 or 80 per cent of the premiums for every part-time employee who joins the Supplementary Health and Hospital Insurance Plan, whichever percentage is closest to the relation that the employee’s regularly scheduled hours of work bear to full employment, and the employee shall pay the balance of the premium through payroll deduction.

(8) An employee may elect to participate in the Supplementary Health and Hospital Insurance Plan,

(a) on appointment;

(b) in December of any year, for coverage commencing on the 1st day of January next following, if the employee has satisfied the waiting period of the Plan and the employee,

(i) did not join the Plan on appointment, or

(ii) previously opted out of the Plan; or

(c) on providing evidence that similar coverage available to the employee under the Plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence.

(9) An employee may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month

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

(a) to a maximum of $300 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 $300 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;

(c) to a maximum of $300 per person every 24 months, to every employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association and who elects to participate in the Plan’s additional coverage for vision care and hearing aids; and

(d) to a maximum of the following amount, to every employee to whom clause (a) or (c) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,

(i) $200 per person every 24 months for vision care provided before April 1, 2004, and

(ii) $300 per person every 24 months for vision care provided on and after April 1, 2004.

(11) 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 $1,000 per person every three years, to every commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner;

(b) to a maximum of $2,500 per person every five years, to every employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association and who elects to participate in the Plan’s additional coverage for vision care and hearing aids; and

(c) to the following maximum, to every employee to whom clause (a) or (b) does not apply and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,

(i) a lifetime maximum of $200 per person for the cost of purchasing or repairing a hearing aid incurred before April 1, 2004, and

(ii) a maximum of $2,500 per person every five years for the cost of purchasing or repairing a hearing aid incurred on or after April 1, 2004.

(12) The additional coverage described in subsections (10) and (11) 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.

(13) An employee represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association and who elects to participate in the Plan’s additional coverage for vision care and hearing aids is not subject to the deductible amount imposed under subsection (12) for vision care provided on or after January 1, 2004 or for hearing aids purchased or repaired on or after January 1, 2004.

(14) For the additional coverage described in subsection (10), the employer shall pay 100 per cent of the premiums for each commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.

(15) For the additional coverage described in subsection (10), the employer shall pay the following percentage of the premiums for each participating full-time employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association,

(a) for premiums payable before January 1, 2004, 60 per cent;

(b) for premiums payable on or after January 1, 2004, 80 per cent.

(16) For the additional coverage described in subsection (10), the employer shall pay the following percentage of the premiums for each participating full-time employee other than an employee to whom subsection (14) or (15) applies,

(a) for premiums payable before April 1, 2004, 60 per cent; and

(b) for premiums payable on or after April 1, 2004, 80 per cent.

(17) For the additional coverage described in subsection (10), the employer shall pay 60 per cent of the percentage of monthly premiums that apply in clause (7) (b) for each participating part-time employee other than an employee to whom subsection (14) applies.

(18) For the additional coverage described in subsection (11), the employer shall pay 60 per cent of the premiums for each participating full-time employee other than an employee to whom subsection (14) applies.

(19) For the additional coverage described in subsection (11), the employer shall pay 60 per cent of the percentage of monthly premiums that apply in clause (7) (b) for each participating part-time employee other than an employee to whom subsection (14) applies.

(20) In this section,

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

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

“vision care” means eyeglasses, frames and lenses for eyeglasses and contact lenses prescribed by a physician or an optometrist, and includes the fitting of such eyeglasses, frames, lenses and contact lenses, but does not include eyeglasses for cosmetic purposes or sunglasses.

20. (1) Subsection 78 (1) of the Regulation is amended by striking out “The Dental Insurance Plan” in the portion before paragraph 1 and substituting “Subject to subsection (1.0.1), the Dental Insurance Plan”.

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

(1.0.1) The benefits described in subsection (1) are subject to the restriction that the employee to whom this subsection applies under subsection (1.0.2) is not entitled to be reimbursed for more than one recall examination by a dentist,

(a) every nine months for an individual who is over 12 years old; and

(b) every six months for a younger individual.

(1.0.2) Subsection (1.0.1) applies,

(a) on or after January 19, 2004, to an employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association; and

(b) on or after April 1, 2004, to any employee who is entitled to be reimbursed under subsection (1) other than an employee described in clause (a).

(1.0.3) The benefits described in subsection (1) are subject to a deductible amount each year of $25 for an individual and $50 for a family in the case of an employee who is represented by the Association of Law Officers of the Crown or the Ontario Crown Attorneys’ Association.

(3) Subsection 78 (2) of the Regulation is amended by striking out “If a commissioned officer” in the portion before paragraph 1 and substituting “Subject to subsection (3), if a commissioned officer”.

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

(3) The benefits described in subsection (2) are subject to the restriction that the employee to whom subsection (2) applies is not entitled to be reimbursed for more than one recall examination by a dentist,

(a) every nine months for an individual who is over 12 years old; and

(b) every six months for a younger individual.

21. Section 78.1 of the Regulation is revoked and the following substituted:

78.1 (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee, and up to $25,000 in the case of a part-time employee.

(2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer.

78.2 (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.

(2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation.

78.3 (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the plan.

(2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation.

22. (1) Subsection 88.2 (1) of the Regulation is amended by striking out “$1,000” and substituting “$1,100”.

(2) Subsections 88.2 (2) and (3) of the Regulation are amended by striking out “$1,000” wherever it appears and substituting in each case “$1,100”.

23. The title to Part VII of the Regulation is revoked and the following substituted:

part vii
benefits — unclassified mcp employees, full work week

24. Part VII of the Regulation is amended by adding the following section:

Application and Interpretation

88.3 This Part applies to every public servant who regularly works 36 ¼ or 40 hours per week in a ministry of the Government of Ontario but it does not apply to,

(a) a public servant to whom Part VI , VIII or IX applies;

(b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;

(c) a public servant whose duties are similar to those performed by a civil servant within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;

(d) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help;

(e) a student employed during the student’s regular vacation period or on a co-operative educational training program;

(f) an executive assistant to a minister; or

(g) a psychiatrist employed in a professional capacity.

25. The heading “Full Work Week” that precedes section 89 of the Regulation is revoked.

26. The definition of “employee” in section 89 of the Regulation is revoked and the following substituted:

“employee” means a public servant to whom this Part applies by virtue of section 88.3;

27. Part VII of the Regulation is amended by adding the following section:

Pay in Lieu of Group Insurance

95.1 (1) Every employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits.

(2) The cash benefit described in subsection (1) is payable in respect of periods of employment,

(a) on or after July 26, 2002 in the case of employees in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded); and

(b) on and after January 1, 2004, in the case of employees other than employees described in clause (a).

(3) The following employees are not entitled to the cash benefit described in subsection (1):

1. A commissioned officer in the Ontario Provincial Police Force below the rank of deputy Commissioner.

2. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the salary schedule referred to in order in council 636/2003.

3. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and,

i. who was employed on July 25, 2002 in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) and has continued to be so employed since that date but for a break in service of less than 13 weeks, or

ii. who was not employed on July 25, 2002 but whose employment in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) after July 25, 2002 began on a date less than 13 weeks from the last day of employment before July 25, 2002, and has been continuous since then but for a break in service of less than 13 weeks.

4. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks.

(4) A pregnancy leave or parental leave under the Employment Standards Act, 2000 is not a break in service for the purposes of paragraphs 3 and 4 of subsection (3).

(5) For the purposes of subparagraph 3 ii of subsection (3), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000.

28. The title to Part VIII of the Regulation is revoked and the following substituted:

part viii
benefits — other unclassified mcp employees and unclassified excluded employees

29. Part VIII of the Regulation is amended by adding the following section:

Application and Interpretation

95.2 This Part applies to every public servant other than,

(a) a public servant to whom Part VI, VII or IX applies;

(b) a public servant who is within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993;

(c) a person on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help;

(d) a student employed during the student’s regular vacation period or on a co-operative educational training program;

(e) an executive assistant to a minister; or

(f) a psychiatrist employed in a professional capacity.

30. The definition of “employee” in section 96 of the Regulation is revoked and the following substituted:

“employee” means a public servant to whom this Part applies by virtue of section 95.2;

31. Part VIII of the Regulation is amended by adding the following section:

Pay in Lieu of Group Insurance

103. (1) Every employee described in subsection (2) who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits.

(2) The cash benefit described in subsection (1) is payable in respect of periods of employment,

(a) on or after July 26, 2002, in the case of employees in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded); and

(b) on or after January 1, 2004, in the case of employees who regularly work 36 ¼ or 40 hours per week and who are public servants described in clause 88.3 (c).

(3) The following employees are not entitled to the cash benefit described in subsection (1):

1. An employee who is employed in a class of position of Crown Counsel 1 or Crown Counsel 1 (Excluded) and who is at any of steps 1 to 8 of the salary schedule referred to in order in council 636/2003.

2. An employee who was employed on or before July 25, 2002 in a class of position of Crown Counsel 1, 2, 3, 4 or 5 or Crown Counsel 1, 2, 3 or 4 (Excluded) and,

3. An employee who is employed in a class of position of Crown Counsel 2, 3, 4 or 5 or Crown Counsel 2, 3 or 4 (Excluded) as the result of an offer of employment made on or before July 25, 2002 but whose employment commenced after July 25, 2002, and whose employment since commencing the employment has been continuous but for a break in service of less than 13 weeks.

(4) A pregnancy leave or parental leave under the Employment Standards Act, 2000 is not a break in service for the purposes of paragraphs 2 and 3 of subsection (3).

(5) For the purposes of subparagraph 2 ii of subsection (3), an employee who is employed after July 25, 2002 shall be deemed to have begun employment within 13 weeks from the last date of employment prior to July 25, 2002 where the break in service was the result of a pregnancy leave or parental leave under the Employment Standards Act, 2000.

32. The Regulation is amended by adding the following Part:

part ix
benefits — unclassified smg employees

Application and Interpretation

104. This Part applies to every Crown employee who is a member of the Senior Management Group and who is not a civil servant.

105. In this Part,

“employee” means a Crown employee to whom this Part applies by virtue of section 104.

Holidays

106. (1) An employee is entitled to a holiday in each year on each of the holidays listed in subsection 58 (1).

(2) Special holidays granted during vacation leave of absence shall be computed as part thereof, but no other holidays shall be computed therein.

(3) An employee required to work on any holiday specified in subsection (1) is entitled to a compensating day as a holiday in lieu thereof.

(4) When a holiday specified in subsection (1) falls on a Saturday or Sunday, or when any two of them fall on a successive Saturday and Sunday, the regular working day or days next following is a holiday or are holidays, as the case may be, in lieu thereof, but when such next following regular working day is also a holiday, the next regular working day thereafter is in lieu thereof a holiday.

(5) Subsection (4) does not apply to New Year’s Day, Canada Day, Remembrance Day, Christmas Day and Boxing Day in respect of an employee whose work schedule is subject to rotating work weeks that include scheduled week-end work on a regular or recurring basis.

Vacation Entitlements

107. (1) An employee is entitled to vacation credits at the rate of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.

(2) An employee who leaves the public service prior to the completion of six months service 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.

(3) An employee who has completed six or more months of continuous service in the public service shall be paid for any unused vacation standing to his or her credit at the date he or she ceases to be an employee.

(4) An employee may take vacation leave of absence only to the limit of his or her earned vacation credits, may not take vacation leave of absence during the first six months of employment and his or her accumulated vacation credits shall be reduced by the vacation leave of absence taken.

Attendance Credits and Sick Leave

108. (1) An employee is entitled to an attendance credit of 1¼ days for each full month in which he or she is at work or is on vacation leave of absence or leave of absence with pay.

(2) An employee who is unable to attend to his or her duties in the public service due to sickness or injury is entitled to leave of absence with pay at the rate of one working day for each day of accumulated attendance credits and his or her accumulated attendance credits shall be reduced by the leave taken.

(3) Where a person who is an employee is appointed to the classified service, attendance credits accumulated by the person under this Part cease to stand to the credit of the person.

109. (1) After five days absence caused by sickness, no leave with pay shall be allowed unless a certificate of a legally qualified medical practitioner or of such other person as may be approved by the deputy minister is forwarded to the deputy minister of the ministry, certifying that the employee is unable to attend to his or her official duties.

(2) Despite subsection (1), the deputy minister or a person designated by the deputy minister for the purpose of this section may require an employee to submit the medical certificate required by subsection (1) for a period of absence of less than five days.

Bereavement Leave

110. An employee who otherwise would be at work is entitled,

(a) in the case of the death of his or her spouse, same-sex partner, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, ward or guardian, to not more than three days leave of absence with pay; or

(b) in the case of the death of his or her brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent or grandchild, to one day leave of absence with pay.

Jury or Witness Duty Leave

111. Where an employee is absent by reason of a summons to serve as a juror or to attend as a witness, the employee may at his or her option,

(a) treat the absence as leave without pay and retain any fee he or she receives as a juror or as a witness;

(b) deduct the period of absence from his or her vacation credits or overtime credits or both and retain any fee he or she receives as a juror or as a witness; or

(c) treat the absence as leave with pay and pay to the Minister of Finance any fee he or she has received as a juror or as a witness.

Pay in Lieu of Group Insurance

112. (1) Every full-time employee who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 6 per cent of his or her salary as a payment in lieu of group insurance benefits.

(2) The cash benefit described in subsection (1) is payable in respect of any period of employment under an employment contract that is entered into or renewed on or after January 19, 2004.

(3) With the consent of his or her supervisor, an employee may elect to receive the group insurance benefits described in sections 113 to 121 instead of receiving the annual cash benefit described in subsection (1).

(4) The employee is required to make the election in writing when he or she enters into or renews the contract of employment and the election is irrevocable during the term of the contract.

Group Insurance Plans

113. The group insurance benefits described in sections 114 to 121 apply only in respect of employees who made the election described in subsection 112 (3) in accordance with subsection 112 (4).

114. (1) The Crown may enter into agreements with insurance underwriters for the purpose of providing the following group insurance coverages for employees:

1. A Basic Life Insurance Plan.

2. A Supplementary Life Insurance Plan.

3. A Dependents’ Life Insurance Plan.

4. A Long-Term Income Protection Plan.

5. A Supplementary Health and Hospital Insurance Plan.

6. A Dental Insurance Plan.

7. A Basic Accidental Death and Dismemberment Plan.

8. A Supplementary Accidental Death and Dismemberment Plan.

9. A Critical Illness Insurance Plan.

(2) The group insurance coverage referred to in subsection (1) shall not be provided for an employee during a leave of absence without pay except to the extent that the employee arranges through the payroll or personnel branch of his or her ministry to pay the amount of the full premium for any of the coverages that the employee chooses to have continued during the leave and pays the amount at least one week before the first of each month of the leave of absence.

(3) Within a reasonable time after granting a leave of absence without pay to an employee, the employer shall inform the employee that group insurance coverages during the leave of absence will continue only in accordance with subsection (2).

(4) Except as stated in this Part, the benefits provided to employees under the group insurance coverages shall be those set out in the agreements made with the insurance underwriters.

(5) Each of sections 115 to 124 applies only where the Crown has entered into an agreement with an underwriter to provide the type of group insurance coverage referred to in that section.

115. (1) The Basic Life Insurance Plan shall provide life insurance coverage equal to 100 per cent of the annual salary of every employee, and such coverage shall not be less than $10,000 for a full-time employee and $5,000 for a part-time employee.

(2) The premium for the Basic Life Insurance Plan coverage shall be paid by the employer.

116. (1) The Supplementary Life Insurance Plan shall provide additional group life insurance coverage equal to the annual salary, twice the annual salary or three times the annual salary, at the choice of the employee, for those employees who choose to participate in the Plan.

(2) An employee who participates in the Supplementary Life Insurance Plan shall pay the premium for his or her insurance coverage in the Plan.

117. (1) The Dependents’ Life Insurance Plan shall provide, in respect of each employee who chooses to participate in the Plan, life insurance coverage of,

(a) $1,000 for the spouse or same-sex partner of the employee and $500 for each child of the employee; or

(b) $2,000 for the spouse or same-sex partner of the employee and $1,000 for each child of the employee,

whichever coverage the employee chooses.

(2) In this section,

“child” means,

(a) an unmarried child who is under 21 years of age,

(b) a child who is 21 years of age or older but not yet 25 years of age and in full time attendance at an educational institution or on vacation therefrom, or

(3) An employee who participates in the Dependents’ Life Insurance Plan shall pay the premiums for the insurance coverage provided to the employee in the Plan.

118. (1) The Long-Term Income Protection Plan shall provide the benefit described in subsection (4) 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) For the purposes of this section, an 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.

(3) 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) 24 months after the employee becomes entitled to receive the benefit;

(b) termination of the total disability;

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

(e) the expiry of his or her appointment.

(4) The amount of the annual benefit payable during a calendar year (the “payment year”) to an employee 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.

(5) The employer shall pay 85 per cent of the premium costs for every employee who participates in the Long-Term Income Protection Plan and the employee shall pay the balance of the premium costs through payroll deduction.

(6) In this section,

“rehabilitation earnings” means earnings for employment following directly after a period of total disability during which the employee is not fully recovered from the disability;

“total disability” means, with respect to an employee, a disability that renders the employee totally disabled as described in subsection (2).

119. Where the employer is paying all or part of the premiums for an employee who participates in one or more of the plans referred to in subsection 114 (1) and the employee receives benefits under the Long-Term Income Protection Plan, the employer shall continue the premium payments for the period in respect of which the employee is receiving the benefits.

120. (1) Subject to subsection (2), the Supplementary Health and Hospital Insurance Plan shall provide to every employee who joins the Plan,

(i) $75 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on or after January 19, 2004 but before April 1, 2004, and

(ii) $130 more than the charge by the hospital for standard ward room hospital care, for private or semi-private hospital room care received on and after April 1, 2004; and

(c) such other health and hospital expenses as result from treatment and services recommended or approved by a legally qualified medical practitioner as may be provided by the Plan.

(2) The following conditions and restrictions apply with respect to the benefits described in subsection (1):

1. The maximum amount of the reimbursement for a drug or medicine (excluding the dispensing fee) is the reasonable and customary 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.

(3) The employer shall pay,

(a) the premiums for every full-time employee who joins the Supplementary Health and Hospital Insurance Plan; and

(b) 40, 50, 60, 70 or 80 per cent of the premiums for every part-time employee who joins the Supplementary Health and Hospital Insurance Plan, whichever percentage is closes to the relation that the employee’s regularly scheduled hours of work bear to full employment, and the employee shall pay the balance of the premium through payroll deduction.

(4) An employee who has made the election described in subsection 112 (3) may elect to participate in the Supplementary Health and Hospital Insurance Plan,

(a) when he or she makes the election described in subsection 112 (3);

(b) in December of any year, for coverage commencing on January 1 next following, if the employee has satisfied the waiting period of the Plan and the employee,

(i) did not join the Plan on appointment, or

(ii) previously opted out of the Plan; or

(c) on providing evidence that similar coverage available to the employee under the plan of another person has been terminated, for coverage commencing on the 1st day of the month coinciding with or following the presentation of the evidence.

(5) An employee may elect in December of any year to opt out of the Supplementary Health and Hospital Insurance Plan and coverage shall cease at the end of that month.

(6) The Supplementary Health and Hospital Insurance Plan shall provide the cost of vision care to a maximum of the following amount, to every employee who elects to participate in the Plan’s additional coverage for vision care and hearing aids:

1. $200 per person every 24 months for vision care provided on or after January 19, 2004 but before April 1, 2004.

2. $300 per person every 24 months for vision care provided on and after April 1, 2004.

(7) 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) to the following maximum to every employee who elects to participate in the Plan’s additional coverage for vision care and hearing aids:

1. A lifetime maximum of $200 per person for the cost of purchasing or repairing a hearing aid incurred on or after January 19, 2004 but before April 1, 2004.

2. A maximum of $2,500 per person every five years for the cost of purchasing or repairing a hearing aid incurred on or after April 1, 2004.

(8) The additional coverage described in subsections (6) and (7) is subject to the following deductible amount:

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.

(9) For the additional coverage described in subsection (6), the employer shall pay the following percentage of the premiums for each participating employee and the employee shall pay the balance of the premium costs through payroll deduction:

1. For premiums payable on or after January 19, 2004 but before April 1, 2004, 60 per cent.

2. For premiums payable on or after April 1, 2004, 80 per cent.

(10) For the additional coverage described in subsection (7), the employer shall pay 60 per cent of the premiums for each participating employee and the employee shall pay the balance of the premium costs through payroll deduction.

(11) In this section,

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

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

121. (1) Subject to subsection (2), 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) The following conditions and restrictions apply with respect to the benefits described in subsection (1):

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) The employer shall pay,

(a) the premiums for every full-time employee who joins the Dental Insurance Plan; and

(b) 40, 50, 60, 70 or 80 per cent of the premiums of the Dental Insurance Plan for every part-time employee who joins the Plan, whichever percentage is closes to the relation that the employee’s regularly scheduled hours of work bear to full employment and the employee shall pay the balance through payroll deduction.

(4) An employee who has made the election described in subsection 112 (3) may elect to participate in the Dental Insurance Plan,

(a) when he or she makes the election described in subsection 112 (3);

(b) in December of any year for coverage commencing on January 1 next following, if the employee has satisfied the waiting period of the Plan and the employee,

(i) did not join the Plan on appointment, or

(ii) previously opted out of the Plan; or

(5) An employee may elect in December of any year to opt out of the Dental Insurance Plan and coverage shall cease at the end of that month.

122. (1) The Basic Accidental Death and Dismemberment Insurance Plan shall provide accidental death and dismemberment insurance coverage of up to $50,000 in the case of a full-time employee and up to $25,000 in the case of a part-time employee.

(2) The premium for the Basic Accidental Death and Dismemberment Insurance Plan shall be paid by the employer.

123. (1) The Supplementary Accidental Death and Dismemberment Plan shall provide additional accidental death and dismemberment insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.

(2) An employee who participates in the Supplementary Accidental Death and Dismemberment Plan shall pay the premium for his or her participation.

124. (1) The Critical Illness Insurance Plan shall provide critical illness insurance coverage in such amounts as are specified in the Plan for those employees who choose to participate in the Plan.

(2) An employee who participates in the Critical Illness Insurance Plan shall pay the premium for his or her participation.

33. (1) Schedule 6 to the Regulation is amended by striking out “Crown Counsel 1, 2, 3, 4, 5” and substituting “Crown Counsel 1, 3, 4, 5”.

(2) Schedule 6 to the Regulation is amended by striking out “Crown Counsel 1, 2, 3, 4 (Excluded)” and substituting “Crown Counsel 1, 3, 4 (Excluded)”.

(3) Schedule 6 to the Regulation is amended by striking out “Systems Officer 1, 2, 3, 4, 5” and substituting “Systems Officer 1, 2, 3, 4, 5, 6”.

(4) Schedule 6 to the Regulation is amended by striking out “Systems Officer 1, 2, 3, 4, 5 (Excluded)” and substituting “Systems Officer 1, 2, 3, 4, 5, 6 (Excluded)”.

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

(2) Section 13 comes into force on January 1, 2004.

Made by:

Civil Service Commission:

Kathryn Bouey

Chair

Morag Mclean

Secretary

Date made: December 5, 2003.

O. Reg. 1/04: GENERAL

Tags

Share