O. Reg. 454/06: GENERAL

 

ontario regulation 454/06

made under the

public service act

Made: August 11, 2006
Approved: August 24, 2006
Filed: September 22, 2006
Published on e-Laws: September 25, 2006
Printed in The Ontario Gazette: October 7, 2006

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

(General)

1. Section 64 of Regulation 977 of the Revised Regulations of Ontario, 1990 is amended by adding the following subsection:

(6) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006.

2. The Regulation is amended by adding the following section immediately before the heading “PREGNANCY AND PARENTAL LEAVES”:

64.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.

(2) An employee is entitled to the following bereavement leave in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, daughter-in-law, son-in-law, sibling, stepsibling, sister-in-law, brother-in-law, grandparent, stepgrandparent, grandchild, stepgrandchild, ward, foster parent or guardian:

1. In the case of a full-time employee, not more than three working days’ leave of absence with pay.

2. In the case of a part-time employee, not more than three consecutive days’ leave of absence with pay.

(3) An employee who would otherwise have been at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s aunt, uncle, niece or nephew.

(4) If the funeral service for a person on whose death an employee is entitled to a leave of absence under subsection (2) or (3) is held at a location more than 800 kilometres from the employee’s residence, the employee is entitled to two additional days’ leave of absence without pay immediately following the leave of absence taken by the employee under those subsections.

3. (1) Subclause 77 (1) (b) (ii) of the Regulation is revoked and the following substituted:

(ii) the following amount to every employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,

(A) $120 more than the charge by the hospital for standard ward room hospital care, and

(B) despite sub-subclause (A), $100 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 1, 2008 in respect of an employee who is in a class of position of Crown Counsel 1, 3 or 4, or

(2) Clause 77 (10) (c) of the Regulation is revoked and the following substituted:

(c) to a maximum of the following amount, to every employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, who is in a class of position of Crown Counsel 1, 3 or 4 and who elects to participate in the Plan’s additional coverage for vision care and hearing aids,

(i) $300 per person every 24 months for vision care provided before January 1, 2008, and

(ii) $350 per person every 24 months for vision care provided on or after January 1, 2008, which amount includes a maximum of $75 per person every 24 months for one routine eye examination; and

(3) Subsection 77 (11) of the Regulation is amended by adding “and” at the end of clause (a) and by revoking clause (b).

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

(11.1) The Supplementary Health and Hospital Insurance Plan shall provide, to a maximum of $2,500 per person every five years, the cost of the purchase and repair of a hearing aid, other than the replacement of a battery, to each employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who elects to participate in the Plan’s additional coverage for vision care and hearing aids.

(11.2) Despite subsection (11.1), on and after January 1, 2008, the Supplementary Health and Hospital Insurance Plan shall provide, to a maximum of $2,500 per person every five years, the cost of the purchase and repair of a hearing aid, including the replacement of a battery, to each employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who elects to participate in the Plan’s additional coverage for vision care and hearing aids and who is in a class of position of Crown Counsel 1, 3 or 4.

(5) Subsection 77 (12) of the Regulation is amended by striking out “subsections (10) and (11)” in the portion before paragraph 1 and substituting “subsections (10) to (11.2)”.

4. Paragraph 1 of subsection 78 (1) of the Regulation is revoked and the following substituted:

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.  However, the amount of the reimbursement shall not exceed the following:

i. Subject to subparagraph ii, 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners that is in effect when the expense is incurred.

ii. For services provided on or after July 1, 2008, where the employee is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and is in a class of position of Crown Counsel 1, 3 or 4, 85 per cent of the fees set out in the Ontario Dental Association schedule of fees for general practitioners that is in effect one year before the expense is incurred.

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

(1.2) Subsection (1) does not apply to any of the following employees in respect of service on or after January 1, 2005:

1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,

i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and

ii. who ceases to be employed in the public service because he or she has resigned.

2. An employee,

i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and

ii. who ceases to be employed in the public service because he or she has resigned.

3. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association,

i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and

ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

4. An employee,

i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and

ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

5. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorney’s Association who is in a class of position of Crown Counsel 1, 3 or 4,

i. who first becomes employed in the public service on or after April 5, 2006, and

ii. who ceases to be employed in the public service,

A. because he or she has resigned, or

B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

6. An employee who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5,

i. who first becomes employed in the public service on or after April 5, 2006, and

ii. who ceases to be employed in the public service,

A. because he or she has resigned, or

B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

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

83.1 (1) This section applies to the following employees if they have completed less than five years of continuous service on or before April 5, 2006:

1. A employee who, on April 5, 2006, is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association in a class of position of Crown Counsel 1, 3 or 4 either in the classified or the unclassified service.

2. An employee who, on April 5, 2006, is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 either in the classified or the unclassified service.

(2) The following employees in the classified service are entitled to severance pay under this section for their continuous service on or before December 31, 2004:

1. An employee in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 who ceases to be employed in the public service,

i. because he or she has resigned, or

ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

2. An employee who, on April 5, 2006, is in a position in the unclassified service in a class of position of Crown Counsel 1, 3 or 4, Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5, who is appointed on or before December 31, 2006 to a position in the classified service in one of those classes of positions and who ceases to be employed in the public service,

i. because he or she has resigned, or

ii. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.

(3) Subsections 83 (2), (3) and (4) apply, with necessary modifications, with respect to severance pay to which an employee is entitled under this section.

7. Section 94 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4, in respect of a person’s death on or after April 5, 2006.

8. The Regulation is amended by adding the following section immediately before the heading “JURY OR WITNESS DUTY LEAVE”:

94.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.

(2) An employee who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian.

(3) An employee who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild.

9. Section 95.1 of the Regulation is revoked and the following substituted:

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 in respect of periods of employment on and after January 1, 2004.

(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:

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

2. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4.

3. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.

95.1.1 (1) Each of the following employees who complete 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 in respect of periods of employment on and after July 26, 2002 and before April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4.

2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.

(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:

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 applicable salary schedule established by Order-in-Council for the class of position.

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,

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.

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.

(3) 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 (2).

(4) For the purposes of subparagraph 2 ii of subsection (2), 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.

95.1.2 Each of the following employees 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 payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006.

2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006.

3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.

4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded)  or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.

95.1.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006.

2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006.

10. Section 101 of the Regulation is amended by adding the following subsection:

(2) This section does not apply to an employee represented by the Association of Law Officers of the Crown or by the Crown Attorneys’ Association who is in a class of position of Crown Counsel 1, 3 or 4 with respect to a person’s death on or after April 5, 2006.

11. The Regulation is amended by adding the following section immediately before the heading “JURY OR WITNESS DUTY LEAVE”:

101.1 (1) This section applies to employees represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who are in a class of position of Crown Counsel 1, 3 or 4.

(2) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to not more than three days’ leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s spouse, parent, step-parent, mother-in-law, father-in-law, child, stepchild, sibling, stepsibling, ward, foster parent or guardian.

(3) An employee who regularly works more than 24 hours per week and who would otherwise be at work is entitled to one day’s leave of absence with pay in the event of the death on or after April 5, 2006 of the employee’s sister-in-law, brother-in-law, daughter-in-law, son-in-law, grandparent, stepgrandparent, grandchild or stepgrandchild.

12. Section 103 of the Regulation is revoked and the following substituted:

Pay in Lieu of Group Insurance

103. (1) Each of the following employees 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 in respect of periods of employment on and after January 1, 2004:

1. An employee who regularly works 36 1/4 or 40 hours per week and who is a public servant described in clause 88.3 (c).

(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:

1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 1, 3 or 4.

2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.

103.1 (1) Each of the following employees 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 in respect of periods of employment on and after July 26, 2002 and before April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1, 3 or 4.

2. An employee who is employed in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5.

(2) Despite subsection (1), the following employees are not entitled to a cash benefit under this section:

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 applicable salary schedule established by Order-in-Council for the class of position.

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,

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.

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.

(3) 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 (2).

(4) For the purposes of subparagraph 2 ii of subsection (2), 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.

103.2 Each of the following employees 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 payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 as a result of an offer of employment made before April 5, 2006.

2. An employee who is employed in a class of position of Crown Counsel 1 (Excluded) as a result of an offer of employment made before April 5, 2006.

3. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association who is employed in a class of position of Crown Counsel 3 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.

4. An employee who is employed in a class of position of Crown Counsel 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after July 26, 2002 and before April 5, 2006.

103.3 Each of the following employees who completes one month as an employee to whom this Part applies is entitled to an annual cash benefit equal to 4 per cent of his or her salary as payment in lieu of group insurance in respect of periods of employment on and after April 5, 2006:

1. An employee who is represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association and who is employed in a class of position of Crown Counsel 1 or 3 as a result of an offer of employment made on or after April 5, 2006.

2. An employee who is employed in a class of position of Crown Counsel 1 or 3 (Excluded) or Crown Counsel 5 as a result of an offer of employment made on or after April 5, 2006.

Made by:

Civil Service Commission:

Michelle DiEmanuele

Chair

Kim Bellissimo

Secretary

Date made: August 11, 2006.