Collective agreements: prescribed terms, modifications, replacements and exemptions
 3. (1) For the purposes of paragraphs 1 and 2 of subsection 4 (1) of the Act, the following are prescribed as terms that modify or replace terms set out in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012, or in the Memorandum of Understanding described in subparagraph 2 i of subsection 4 (1) of the Act, and, for the purposes of paragraph 3 of subsection 4 (1) of the Act, are prescribed as terms that are to be included in every collective agreement: 1. The employee is not eligible to receive any form of retirement gratuity after August 31, 2012, except any retirement gratuity that the employee had accumulated and was eligible to receive as of that day. 2. If the employee is eligible to receive a retirement gratuity, upon the employee’s retirement, the gratuity shall be paid out at the lesser of, i. the rate of pay specified in the collective agreement that applied to the employee on August 31, 2012 as the rate for payment of the retirement gratuity, and ii. the employee’s salary as of August 31, 2012. 3. If a retirement gratuity is payable upon the death of the employee, the gratuity shall be paid out in accordance with paragraph 2. 4. If the employee is eligible to receive a retirement gratuity, the board must provide the employee and the employee’s bargaining agent with a report, on or before May 31, 2013, that sets out the following information determined as of August 31, 2012: i. The number of days of sick leave credits as have been accumulated by the employee. ii. The number of years of service that are counted in determining the employee’s retirement gratuity. iii. The rate of pay described in subparagraph 2 i. iv. The employee’s salary. v. The amount of the employee’s retirement gratuity, together with the calculation used to determine that amount. vi. Any conditions that affect the employee’s eligibility to receive the retirement gratuity. 5. If the employee believes that any information in the report provided in accordance with paragraph 4 is inaccurate, the employee must advise the board of those inaccuracies on or before June 30, 2013. 5.1 For a retirement gratuity in the form of a contribution to a registered retirement savings plan, the employee shall give the board written particulars of the financial institution and the account into which the gratuity is to be paid. The board shall make the payment into the account no later than December 31, 2013. 6. If, as of August 31, 2012, the employee has accumulated a retirement gratuity (other than one in the form of an early retirement incentive plan or a contribution to a registered retirement savings plan) but if the employee is not eligible to receive the retirement gratuity for the sole reason that he or she has not satisfied an eligibility requirement relating to the number of years of his or her service as an employee with the board, the employee is eligible to receive, by June 30, 2013, the following amount for gratuity wind-up: i. If the collective agreement that was in effect on August 31, 2012 or a board policy that was in effect on that date provided for a payment for such a retirement gratuity, the amount that is the lesser of, A. the amount of the payment that would be provided under the collective agreement or board policy, calculated using the number of years of his or her service as an employee with the board as of August 31, 2012 and, if the retirement gratuity is in the form of sick leave credits, using the number of days of sick leave credits accumulated by the employee as of August 31, 2012, and B. the amount calculated using the formula in subparagraph ii. ii. In any other case, the amount calculated using the formula, (X/30) × (Y/200) × (Z/10) in which, “X” is the number of years of his or her service as an employee with the board as of August 31, 2012, “Y” is the lesser of 200 and the number of days of sick leave credits accumulated by the employee as of August 31, 2012, and “Z” is the employee’s salary as of August 31, 2012. 7. The employee’s entitlement to maternity benefits is as follows: i. The employee is only entitled to maternity benefits if at least one of the following conditions is satisfied: A. The employee is in a class of employees that, on August 31, 2012, was entitled to accumulate unused sick leave credits. B. The employee is filling a long-term assignment. ii. Maternity benefits shall be paid for six weeks of the employee’s maternity leave. iii. Maternity benefits shall be paid at a rate of pay that is equal to 100 per cent of the employee’s salary for the year, less any amount for unemployment insurance benefits received by or available to the employee during that time. iv. Despite subparagraph ii, an employee filling a long-term assignment is not entitled to be paid for maternity benefits after the last day of the long-term assignment. v. Despite subparagraphs ii, iii and iv, if, on August 31, 2012, the maternity benefits that the class of employees was entitled to receive were greater than the benefits set out in those subparagraphs, the employee is eligible to receive those benefits. 8. The employee’s entitlement to receive an amount to top up benefits that he or she is entitled to under the Workplace Safety and Insurance Act, 1997 is as follows: i. The employee is only entitled to receive the top-up amount if the employee is in a class of employees that, on August 31, 2012, was entitled to use unused sick leave credits for the purpose of topping up benefits received under the Workplace Safety and Insurance Act, 1997. ii. The top-up amount shall be paid for a maximum of four years and six months. iii. The top-up amount shall be paid at a rate determined in accordance with the collective agreement in effect on August 31, 2012 or, if the collective agreement did not provide for the top up, in accordance with a board policy in effect on August 31, 2012. iv. For the purposes of the 2012-2013 fiscal year, an employee is not entitled to receive a top-up amount under this section if, A. on August 31, 2012, the employee was eligible to receive benefits under the Workplace Safety and Insurance Act, 1997, and B. as of September 1, 2012, the employee had no unused sick leave credits that were provided in previous fiscal years. v. If, as a result of an accident, an employee received benefits under the Workplace Safety and Insurance Act, 1997 in respect of the first workday in the 2012-2013 fiscal year, the employee’s entitlement to be topped up for four years and six months shall be reduced by the length of time for which the employee received benefits under that Act as a result of that accident. 9. If the employee is an occasional teacher or a continuing education teacher, within the meaning of the
Education Act, the following apply: i. The employee is not required to take an unpaid day of leave in the 2013-2014 school year. ii. Paragraphs 2 to 6 of subsection (2) apply. 10. While the collective agreement is in effect, neither the board nor the employee bargaining agent can ask, or permit, an arbitrator or arbitration board to do any of the following things: i. To inquire into or make a decision on whether a provision of the Act, a regulation or an order made under subsection 9 (2) of the Act is constitutionally valid. ii. To question or review terms and conditions included in the collective agreement under or by virtue of the Act, except as provided by those terms or conditions. However, for greater certainty, these restrictions do not affect the capacity of the board or the employee bargaining agent to bring or maintain a proceeding before a court in respect of those matters. O. Reg. 2/13, s. 3 (1); O. Reg. 12/13, s. 2 (1-6). (2) The following are also prescribed as terms for the purposes referred to in subsection (1), except in respect of a collective agreement between a board and a designated bargaining agent for a teachers’ bargaining unit, as those terms are defined in subsection 277.1 (1) of the Education Act: 1. If the collective agreement provides for movement on the salary grid, the employee must take one unpaid day of leave on a professional activity day in the 2013-2014 school year. 2. The following rules apply if, during a fiscal year, the employee’s period of employment is the same as the school year: i. If the collective agreement provides for movement on the salary grid on the first school day of the school year, the movement will occur on the 97th school day of the school year. ii. If the collective agreement provides for movement on the salary grid on the anniversary of the first day the employee was employed by the board, the movement will occur on the 97th school day after that day. iii. If the collective agreement provides for movement on the salary grid when the employee earns additional qualifications, the movement will occur on the 97th school day after the day specified in the collective agreement for that purpose. iv. If the collective agreement provides for movement on the salary grid on a day (the “designated day”) other than the first school day of the school year, the anniversary of the first day the employee was employed by the board or the day specified in connection with the employee’s additional qualifications, the movement will occur on the 97th school day after the designated day. v. If the contract provides for movement more than once in a fiscal year, the movement will occur on the day determined under paragraph 6. 3. The following rules apply if, during a fiscal year, the employee’s period of employment is not the same as the school year: i. Postponement period: For the purposes of subparagraphs ii, iii, iv and v, the employee’s postponement period is the number of days calculated by dividing by two the number of days in the employee’s period of employment during the fiscal year. If this calculation results in a number that includes a fraction of a day, increase this number of days to the next highest whole number. ii. If the collective agreement provides for movement on the salary grid on the first school day of the school year, the movement will occur on the day after the postponement period expires. For the purposes of this subparagraph, the postponement period commences on the first school day of the school year. iii. If the collective agreement provides for movement on the salary grid on the anniversary of the first day the employee was employed by the board, the movement will occur on the day after the postponement period expires. For the purposes of this subparagraph, the postponement period commences on the anniversary of the first day the employee was employed by the board. iv. If the collective agreement provides for movement on the salary grid when the employee earns additional qualifications, the movement will occur on the day after the postponement period expires. For the purposes of this subparagraph, the postponement period commences on the day specified in the collective agreement for the purpose of movement on the grid when the employee earns the additional qualifications. v. If the collective agreement provides for movement on the salary grid on a day (the “designated day”) other than the first school day of the school year, the anniversary of the first day the employee was employed by the board or the day specified in connection with the employee’s additional qualifications, the movement will occur on the day after the postponement period expires. For the purposes of this subparagraph, the postponement period commences on the designated day. vi. If the collective agreement provides for movement more than once in a fiscal year, the movement will occur on the day determined under paragraph 6. 4. However, paragraphs 2 and 3 do not apply with respect to board employees who are represented by an employee bargaining agent that is a party to either of the following memoranda of understanding: i. “Memorandum of Understanding Between Association of Professional Student Services Personnel (APSSP) and the Ministry of Education”, dated July 30, 2012. ii. “Memorandum of Understanding Between the Ministry of Education and Halton District Educational Assistants Association; Educational Assistants Association of the Waterloo Region District School Board; Dufferin-Peel Educational Resource Workers’ Association; and Association des enseignantes et des enseignants franco-ontariens (AEFO)”, dated August 31, 2012. 5.  Revoked: O. Reg. 12/13, s. 2 (7). 6. If the collective agreement provides for movement on the salary grid more than once in a fiscal year, each movement will occur on the day that is the number of months determined using the following formula after the day specified in the collective agreement: A/(1 + B) in which, “A” is the number of months that the employee is scheduled to work in the fiscal year, without deducting vacation days or statutory holidays, and “B” is the number of times in the fiscal year that movement on the salary grid is provided for in the collective agreement. 7. If the collective agreement provides for movement on the salary grid, the employee shall be paid the amount, if any, determined in accordance with the following rules, and the amount is payable on the last day of the restraint period: i. Actual salary increase during restraint period: Calculate the amount by which the employee’s salary, at the end of the restraint period, had increased as a result of his or her movement on the salary grid during the restraint period. ii. Potential salary increase: Calculate the amount by which the employee’s salary, at the end of the restraint period, would have increased as a result of his or her movement on the salary grid during the restraint period, determined as if paragraphs 2, 3 and 6 did not apply in the circumstances. iii. Difference: Subtract the actual salary increase calculated under subparagraph i from the potential salary increase calculated under subparagraph ii, and express the resulting amount as a percentage of the potential salary increase. iv. Amount of payment: If the percentage calculated under subparagraph iii is greater than 50 per cent, the amount payable to the employee under this paragraph is calculated using the formula, (C − D) × E in which, “C” is the percentage calculated under subparagraph iii, “D” is 50 per cent, and “E” is the amount of the potential salary increase calculated under subparagraph ii. v. No payment: If the percentage calculated under subparagraph iii is 50 per cent or less, no amount is payable to the employee under this paragraph. O. Reg. 2/13, s. 3 (2); O. Reg. 12/13, s. 2 (7-9). (3) For the purposes of paragraph 3 of subsection 4 (1) of the Act, the following is prescribed as a term that is to be included in a collective agreement between a board listed in subsection (4) and an employee bargaining agent: 1. It is a condition of eligibility to receive a sick leave credit gratuity that the employee have 10 years of service with the board. O. Reg. 2/13, s. 3 (3). (4) The boards referred to in subsection (3) are the following: 1. Near North District School Board. 2. Avon Maitland District School Board. 3. Hamilton-Wentworth District School Board. 4. Huron Perth Catholic District School Board. 5. Peterborough Victoria Northumberland and Clarington Catholic District School Board. 6. Hamilton-Wentworth Catholic District School Board. 7. Waterloo Catholic District School Board.  O. Reg. 2/13, s. 3 (4); O. Reg. 12/13, s. 2 (10). (5) If, on August 31, 2012, a collective agreement between a board and an employee bargaining agent for a bargaining unit did not provide for sick leave, a collective agreement between those parties for that bargaining unit is exempt from the application of subsection 4 (1) of the Act to the extent that it requires terms to be included in the collective agreement that provide for sick leave. O. Reg. 2/13, s. 3 (5). (6) For the purposes of subparagraphs 2 i and ii of subsection 4 (1) of the Act, a collective agreement between a board and an employee bargaining agent, other than a designated bargaining agent for a teachers’ bargaining unit, is exempt from the requirement that terms be included in the collective agreement that are substantially similar or substantively identical to the terms set out under the heading “Long Term Disability (LTD) Plans” in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012. O. Reg. 2/13, s. 3 (6). (7) For the purposes of subparagraph 2 ii of subsection 4 (1) of the Act, the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012, is modified as follows: 1. The requirement that the third party adjudication process set out in the appendix to the Memorandum of Understanding be used for the purposes set out under the heading “Short Term Leave and Disability Plan (STLDP)” shall instead be a requirement that either the adjudication process set out in the appendix to the Memorandum of Understanding or the adjudication process used by the board on August 31, 2012 be used for those purposes. O. Reg. 2/13, s. 3 (7). (7.1) For the purposes of subparagraph 2 ii of subsection 4 (1) of the Act, in respect of a collective agreement between a board and a bargaining unit represented by the Canadian Union of Public Employees, the following apply: 1. To the extent that they apply to employees other than teachers, the terms set out under the heading “G. Unpaid Leave Days” in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012, are replaced by, i. the terms set out under the heading “N. Offsetting Measures” in the “Memorandum of Understanding between the Ministry of Education and Canadian Union of Public Employees — Ontario School Board Coordinating Committee”, dated December 31, 2012, and ii. the terms set out under the heading “O. Reconciliation” in the Memorandum of Understanding referred to in subparagraph i. 2. The collective agreement shall contain the provision set out under the heading “M. Letter of Understanding — Job Security” in the Memorandum of Understanding referred to in subparagraph 1 i. O. Reg. 12/13, s. 2 (11). (8) For the purposes of subparagraph 2 i of subsection 4 (1) of the Act, the “Memorandum of Understanding between Association of Professional Student Services Personnel (APSSP) and the Ministry of Education”, dated July 30, 2012, is modified as follows: 1. The requirement that employees take three unpaid days of leave on professional activity days in the 2013-2014 school year, as set out in paragraph 1 under the heading “G. Unpaid Leave Days” in the Memorandum of Understanding, shall instead be a requirement that employees take one unpaid day of leave on a professional activity day in that year. 2. The employees shall take the unpaid day of leave on one of the dates set out in paragraph 1 under the heading “G. Unpaid Leave Days” in the Memorandum of Understanding. O. Reg. 2/13, s. 3 (8). (9) For the purposes of subparagraph 2 ii of subsection 4 (1) of the Act, in respect of a collective agreement between the Upper Grand District School Board and a designated bargaining agent for a teachers’ bargaining unit, the following apply: 1. To the extent that they apply to teachers, the terms set out under the heading “G. Unpaid Leave Days” in the “Memorandum of Understanding between the Ministry of Education and the Ontario English Catholic Teachers’ Association (OECTA)”, dated July 5, 2012, are replaced by the terms described in paragraph 2. 2. The terms referred to in paragraph 1 are the terms set out under the headings “K. Voluntary Unpaid Leave of Absence Program”, “P. Offsetting Measures” and “Q. Reconciliation” in the document entitled “Memorandum of Understanding Between Upper Grand District School Board and Ontario Secondary School Teachers’ Federation District 19 Teachers’ Bargaining Unit”, dated November 17, 2012. O. Reg. 2/13, s. 3 (9).