jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. In this Act, “civil servant” means a person appointed to the service of the Crown by the Lieutenant Governor in Council on the certificate of the Commission or by the Commission, and “civil service” has a corresponding meaning; (“fonctionnaire titulaire”, “Fonction publique”) “classified service” means the part of the public service to which civil servants are appointed; (“postes classifiés”) “Commission” means the Civil Service Commission; (“Commission”) “Crown” means the Crown in right of Ontario; (“Couronne”) “Crown employee” means a person who is, (a) employed in the service of the Crown, or (b) employed in the service of an agency of the Crown that is designated in the regulations; (“employé de la Couronne”) “Minister” means the member of the Executive Council who is designated by the Lieutenant Governor in Council as the minister to whom the Commission is responsible for the administration of this Act; (“ministre”) “public servant” means a person appointed under this Act to the service of the Crown by the Lieutenant Governor in Council, by the Commission or by a minister, and “public service” has a corresponding meaning; (“fonctionnaire”, “fonction publique”) “regulations” means the regulations made under this Act; (“règlements”) “term classified service” means the part of the classified service to which civil servants are appointed under section 7.1; (“postes classifiés de durée déterminée”) “unclassified service” means the part of the public service that is composed of positions to which persons are appointed by a minister under this Act. (“postes non classifiés”) R.S.O. 1990, c. P.47, s. 1; 1993, c. 19, s. 1 (1); 2001, c. 7, s. 1.
Commission, composition
2.(1)The Commission shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council, one of whom may be appointed chair. status (2)The full-time members of the Commission shall be deemed to be civil servants. Chair to rank as deputy minister (3)The chair of the Commission shall rank as and have all the powers and duties of a deputy minister of a ministry. R.S.O. 1990, c. P.47, s. 2.
Administration
3.(1)The Commission is responsible to the Minister for the administration of this Act. Employees (2)The staff of the Commission is responsible to the chair of the Commission and shall consist of such employees appointed under this Act as are necessary for the proper conduct of the business of the Commission. R.S.O. 1990, c. P.47, s. 3.
Duties of Commission
4. The Commission shall, (a) evaluate and classify each position in the classified service and determine the qualifications therefor; (b) recommend to the Lieutenant Governor in Council the salary range for each classification, except a previously established classification for which a salary range is determined through collective bargaining; (c) recruit qualified persons for the civil service; (d) assign persons to positions in the classified service and specify the salaries payable; (e) determine perquisite charges for civil servants; (f) provide, assist in or co-ordinate staff development programs; (g) present annually through the Minister to the Lieutenant Governor in Council a report upon the performance of its duties during the preceding year, which report shall be laid before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. P.47, s. 4; 1993, c. 38, s. 63 (2); 2006, c. 19, Sched. N, s. 4 (1).
Conflict of Interest Commissioner
4.1(1)The Lieutenant Governor in Council may, by order, appoint an individual to act as the Conflict of Interest Commissioner. Powers and duties (2)The Conflict of Interest Commissioner may exercise such powers and shall perform such duties as are assigned to him or her by the Lieutenant Governor in Council or by the Chair of the Management Board of Cabinet. Immunity (3)No proceeding shall be commenced against the Conflict of Interest Commissioner for any act done or omitted in good faith in the execution or intended execution of his or her duties under subsection (2). Testimony (4)The Conflict of Interest Commissioner is not a competent or compellable witness in a civil proceeding outside this Act in connection with anything done under subsection (2). 1999, c. 12, Sched. K, s. 2.
Exclusion of positions from classified service
5.The Commission may exclude any position in the classified service from that service for such period as it may determine. R.S.O. 1990, c. P.47, s. 5.
Filling vacancies in the classified service
6. When a vacancy exists in the classified service, the Commission shall appoint a person nominated by the deputy minister of the ministry in which the vacancy exists to a position on the probationary staff of the classified service, and the appointment shall be made for a period of not more than one year at a time. 2006, c. 19, Sched. N, s. 4 (2).
Appointments to regular staff
7. (1) If requested in writing by the deputy minister, the Commission shall appoint a person on the probationary staff of the classified service to the regular staff of the classified service. 2006, c. 19, Sched. N, s. 4 (2). Transition (2) The Commission may make an appointment under subsection (1) effective as of a date before the date on which subsection 4 (2) of Schedule N to the Good Government Act, 2006 comes into force. 2006, c. 19, Sched. N, s. 4 (2).
Appointment by Commission to term classified service
7.1 (1) The Commission may appoint to the term classified service, for a period of not more than three years on the first appointment and for any period on any subsequent appointment, a person nominated by a deputy minister to a position in his or her ministry. 2001, c. 7, s. 2. No change in status without express appointment (2) A person appointed to the term classified service remains so appointed unless the person is expressly appointed to another part of the classified service by the Commission. 2001, c. 7, s. 2; 2006, c. 19, Sched. N, s. 4 (3).
Appointment by minister to unclassified service
8. (1) A minister or any public servant who is designated in writing for the purpose by him or her may appoint for a period of not more than three years on the first appointment and for any period on any subsequent appointment a person to a position in the unclassified service in any ministry over which the minister presides. R.S.O. 1990, c. P.47, s. 8 (1); 2001, c. 7, s. 3. Idem (2) Any appointment made by a designee under subsection (1) shall be deemed to have been made by his or her minister. R.S.O. 1990, c. P.47, s. 8 (2). Status
Status as a civil servant
8.1 (1) An individual is not considered to be a civil servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council on the certificate of the Commission, by the Commission or by a deputy minister authorized under subsection 24 (1). 2006, c. 19, Sched. N, s. 4 (4). Status as a public servant (2) An individual is not considered to be a public servant unless he or she has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister or a designee of a minister. 2006, c. 19, Sched. N, s. 4 (4). Status as a Crown employee (3) An individual who is employed in the service of the Crown is not considered to be a Crown employee unless the individual has been expressly appointed as such by the Lieutenant Governor in Council, by the Commission, by a deputy minister authorized under subsection 24 (1) or by a minister. 2006, c. 19, Sched. N, s. 4 (4). Form may be required (4) If the Lieutenant Governor in Council makes a regulation requiring the appointment of a civil servant, public servant or Crown employee to be made in a form prescribed in the regulation, an individual is not considered to be a civil servant, public servant or Crown employee, as the case may be, unless his or her appointment is made in the prescribed form. 1993, c. 19, s. 1 (2). Same (5) Subsection (4) does not apply to an individual who was expressly appointed as a civil servant, public servant or Crown employee before the day on which the regulation is published in The Ontario Gazette. 1993, c. 19, s. 1 (2). Designated Crown agency (6) An individual who is employed in the service of an agency of the Crown designated in the regulations is not considered to be a Crown employee unless the agency has the authority to appoint its employees and the individual has been expressly appointed as a Crown employee by the agency. 1993, c. 19, s. 1 (2). Direction re appointment (7) The Lieutenant Governor in Council may, by order, direct an agency of the Crown designated in the regulations to expressly appoint as a Crown employee an individual who is employed in the service of the agency. 1993, c. 19, s. 1 (2). Same (8) If the agency does not make the express appointment within the time indicated in the order, the Lieutenant Governor in Council may, on behalf of the agency, expressly appoint the individual as a Crown employee. 1993, c. 19, s. 1 (2). Agency not designated (9) An individual who is employed in the service of an agency of the Crown that is not designated in the regulations is not considered to be a Crown employee. 1993, c. 19, s. 1 (2). No implied appointment (10) In the absence of an express appointment of an individual as a civil servant, public servant or Crown employee, the individual’s appointment shall not be inferred solely from the circumstances of his or her employment. 1993, c. 19, s. 1 (2). (11) Spent: R.S.O. 1990, c. P.47, s. 8.1 (11). See: 1993, c. 19, s. 1 (2).
Termination of appointment
9.A person who is appointed to a position in the public service for a specified period ceases to be a public servant at the expiration of that period. R.S.O. 1990, c. P.47, s. 9. Oaths
Oath of office and secrecy
10.(1)Every civil servant shall before any salary is paid to him or her take and subscribe before the Clerk of the Executive Council, his or her deputy minister, or a person designated in writing by either of them, an oath of office and secrecy in the following form in English or French: I, ........................, do swear (or solemnly affirm) that I will faithfully discharge my duties as a civil servant and will observe and comply with the laws of Canada and Ontario, and, except as I may be legally authorized or required, I will not disclose or give to any person any information or document that comes to my knowledge or possession by reason of my being a civil servant. So help me God. (omit this phrase in an affirmation) Oath of allegiance (2)Every civil servant shall before performing any duty as a member of the regular staff take and subscribe before the Clerk of the Executive Council, his or her deputy minister, or a person designated in writing by either of them, an oath of allegiance in the following form in English or French: I, ........................, do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or the reigning sovereign for the time being), her heirs and successors according to law. So help me God. (omit this phrase in an affirmation) Unclassified service (3)A minister may require any person or class of persons appointed to the unclassified service in any ministry over which the minister presides to take and subscribe to either or both of the oaths set out in subsections (1) and (2). Record of oaths (4)A copy of each oath administered to a civil servant shall be kept by his or her deputy minister in the departmental file of the civil servant. R.S.O. 1990, c. P.47, s. 10. 11.-16. Repealed: 1993, c. 38, s. 63 (3). 17. Repealed: 2005, c. 29, s. 6.
Record of oaths
11.-16. Repealed: 1993, c. 38, s. 63 (3). 17. Repealed: 2005, c. 29, s. 6.
Record of oaths
17. Repealed: 2005, c. 29, s. 6.
Appointment of retirees, etc.
18.The Lieutenant Governor in Council may appoint for a period not exceeding six months at a time in a special capacity any person who is receiving a benefit under the Public Service Pension Act and who has professional, expert or technical knowledge that the Lieutenant Governor in Council desires to have at the Lieutenant Governor in Council’s disposal. R.S.O. 1990, c. P.47, s. 18.
Resignation
19.A person may resign from the public service by giving his or her deputy minister two weeks notice in writing of the intention to resign, but he or she may, by an appropriate notice in writing and with the approval of his or her deputy minister, withdraw the notice at any time before its effective date if no person has been appointed or selected for appointment to the position that will become vacant by reason of the resignation. R.S.O. 1990, c. P.47, s. 19.
Abandonment
20.A public servant who is absent from duty without official leave for a period of two weeks or such longer period as is prescribed in the regulations may by an instrument in writing be declared by his or her deputy minister to have abandoned his or her position, and thereupon the position becomes vacant and the person ceases to be a public servant. R.S.O. 1990, c. P.47, s. 20.
Deputy minister’s functions
21. (1) Subject to the direction of his or her minister, a deputy minister is responsible for the operation of his or her ministry and shall perform such other functions as are assigned to him or her by the minister or by the Lieutenant Governor in Council. R.S.O. 1990, c. P.47, s. 21 (1). Absence, etc. (2) If a deputy minister is absent or if there is a vacancy in the office, his or her powers, duties and functions under this or any other Act or as otherwise assigned shall be exercised and performed by such public servant as is designated by his or her minister. 2006, c. 19, Sched. N, s. 4 (7). Suspension, removal, dismissal and release
Suspension during investigation
22. (1) A deputy minister may, pending an investigation, suspend from employment any public servant in his or her ministry for such period as the regulations prescribe, and during any such period of suspension may withhold the salary of the public servant. R.S.O. 1990, c. P.47, s. 22 (1). Removal from employment (2) A deputy minister may for cause remove from employment without salary any public servant in his or her ministry for a period not exceeding one month or such lesser period as the regulations prescribe. R.S.O. 1990, c. P.47, s. 22 (2). Power to dismiss (3) A deputy minister may for cause dismiss from employment in accordance with the regulations any public servant in his or her ministry. R.S.O. 1990, c. P.47, s. 22 (3). Release from employment (4) Upon giving written notice to a public servant, a deputy minister may, in accordance with the regulations, release the public servant from employment where he or she considers it necessary by reason of shortage of work or funds or the abolition of a position or other material change in organization. R.S.O. 1990, c. P.47, s. 22 (4); 2002, c. 18, Sched. K, s. 22. Same, entitlement to notice or compensation only (4.1) A deputy minister may release from employment in accordance with the regulations any public servant who is employed in a position or class of positions that is designated in the regulations and, when released, the public servant is entitled to reasonable notice of his or her release or to compensation in lieu of such notice, but not to reinstatement. 2001, c. 7, s. 4. Idem (5) A deputy minister may release from employment any public servant during the first year of employment for failure to meet the requirements of his or her position. R.S.O. 1990, c. P.47, s. 22 (5). Delegation by deputy minister
Delegation of powers, deputy minister
23. (1) With the consent of his or her minister, a deputy minister may delegate in writing any of his or her powers under this Act to a public servant, a class of public servant or, with the Commission’s approval, to another person or persons, except that he or she may only delegate his or her powers under subsection 22 (3), (4) or (4.1) to a public servant or a class of public servant. 2001, c. 7, s. 5. Delegation of duties, deputy minister (2) With the consent of his or her minister, a deputy minister may delegate any of his or her duties under this Act to a public servant, a class of public servant or, with the Commission’s approval, to another person or persons. 2001, c. 7, s. 5. Delegation of authorization (3) The powers and duties referred to in subsections (1) and (2) include an authorization given in a regulation to establish rules or requirements. 2001, c. 7, s. 5.
Delegation of powers and duties, Commission
23.1 (1) The Commission may delegate its authority under a regulation to establish rules or requirements and it may delegate any of its powers or duties set out in a regulation to a deputy minister. 2001, c. 7, s. 5. Subdelegation (2) A deputy minister may further delegate an authority, power or duty delegated to him or her under subsection (1), and section 23 applies with necessary modifications to that further delegation. 2001, c. 7, s. 5.
Delegation of powers and duties, Commission
24. (1) The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers under sections 6, 7 and 7.1. 2006, c. 19, Sched. N, s. 4 (8). Same (2) The Commission may authorize a deputy minister to perform any of its duties and exercise any of its powers in relation to, (a) evaluating, classifying, and determining the qualifications for, positions in the classified service that are designated by the Commission; and (b) recruiting qualified persons for the civil service. 2006, c. 19, Sched. N, s. 4 (8). Subdelegation (3) A deputy minister who is authorized under subsection (2) may in writing delegate that authority to, (a) any public servant; (b) any class of public servant; or (c) with the Commission’s approval, another person or persons. 2006, c. 19, Sched. N, s. 4 (8).
Access to records and investigations
25.(1)Deputy ministers and public servants shall give the Commission such access to their respective ministries and offices and such facilities, assistance and information as the Commission may require for the performance of its duties. Investigations (2)In connection with, and for the purposes of, any investigation, the Commission or any member thereof holding an investigation has the powers of a commission under Part II of the Public Inquiries Act, which Part applies to the investigation as if it were an inquiry under that Act. R.S.O. 1990, c. P.47, s. 25. PART II   ONTARIO PROVINCIAL POLICE Collective Bargaining Bargaining units and negotiating committees
Conciliation
26.1(1)If a majority of the members of the Negotiation Committee is unable to agree upon a matter concerning the amendment or renewal of an agreement or any matter that may be the subject of bargaining under section 26, the chair shall, at the request of a member, request the Solicitor General to appoint a conciliation officer, and the Solicitor General shall appoint a conciliation officer upon receiving the request. Duty of conciliation officer (2)The conciliation officer shall confer with the Negotiating Committee and endeavour to effect an agreement and shall, within 14 days after being appointed, make a written report of the results to the Solicitor General. Extension of time (3)The 14-day period may be extended if the parties agree or if the Solicitor General extends it on the advice of the conciliation officer that an agreement may be made within a reasonable time if the period is extended. Report (4)When the conciliation officer reports to the Solicitor General that an agreement has been reached or that an agreement cannot be reached, the Solicitor General shall promptly inform the Negotiating Committee of the report. 1997, c. 21, Sched. A, s. 6 (5).
Restriction, pensions
26.3 No matter relating to pensions for employees who are part of a bargaining unit that is represented by the Association for collective bargaining purposes shall be referred to arbitration and no arbitration board shall decide any matter relating to pensions for members of the Ontario Provincial Police Force listed in subsection 26 (2). 1997, c. 21, Sched. A, s. 6 (5); 2001, c. 7, s. 10.
Existing proceedings discontinued
26.4(1)Proceedings before an arbitrator or arbitration board under this Part in which a hearing commenced before the date on which subsection 6 (5) of the Public Sector Dispute Resolution Act, 1997 comes into force are terminated and any decision in such proceedings is void. Exception, completed proceedings (2)This section does not apply with respect to proceedings if, (a) a final decision is issued on or before June 3, 1997; or (b) a final decision is issued after June 3, 1997 and the decision is served before the date on which subsection 6 (5) of the Public Sector Dispute Resolution Act, 1997 comes into force. Exception, by agreement (3)This section does not apply if the parties agree in writing after June 3, 1997 to continue the proceedings. 1997, c. 21, Sched. A, s. 6 (5).
Jurisdiction of OLRB to hear disputes
27. (1) The Ontario Labour Relations Board has jurisdiction to deal with any complaint it receives relating to the assignment of particular work to persons in the bargaining unit described in paragraph 2 of subsection 26 (2) or in a trade union representing employees under the Crown Employees Collective Bargaining Act, 1993 and subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 apply, with necessary modifications, to the determination of such a complaint. 2001, c. 7, s. 11. Application of LRA, 1995 (2) For the purposes of the application of subsections 99 (2) to (6) and (10) to (13) of the Labour Relations Act, 1995 to the determination of a complaint referred to in subsection (1), any reference to a trade union in those subsections shall be deemed to include a reference to the Association. 2001, c. 7, s. 11.
Implementation of collective agreements, etc.
28.Collective agreements and awards made in accordance with the collective bargaining procedures applicable to Crown employees and approved decisions of the Negotiating Committee under section 26 and decisions of an arbitration board under section 26.2 shall be implemented by the Lieutenant Governor in Council by order in council. R.S.O. 1990, c. P.47, s. 28; 1997, c. 21, Sched. A, s. 6 (7). Certification of the Association as Exclusive Bargaining Agent for OPP Civilian Employees
Definitions
28.0.1 In sections 28.0.2 to 28.0.10, “AMAPCEO” means the Association of Management, Administrative and Professional Crown Employees of Ontario; (“AEEGAPCO”) “Association” has the same meaning as in section 26; (“association”) “Board” means the Ontario Labour Relations Board; (“Commission”) “designated position” means an employment position held by a public servant who either is an instructor at the Ontario Police College or who is under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who is represented for purposes of collective bargaining by either AMAPCEO, OPSEU or PEGO; (“poste désigné”) “OPSEU” means the Ontario Public Service Employees Union; (“SEFPO”) “PEGO” means the Professional Engineers Government of Ontario. (“PEGO”) 2001, c. 7, c. 12.
Voting constituency
28.0.3 (1) Upon receiving an application for certification made under section 28.0.2, the Board may determine the voting constituency to be used for a representation vote and in doing so shall take into account the description of the group of public servants described in subsection 28.0.2 (1) and identified in the application. 2001, c. 7, c. 12. Direction re representation vote (2) If the Board determines that 40 per cent or more of the individuals in the group of public servants identified in the application appear to be members of the Association at the time the application was filed, the Board shall direct that a representation vote be taken among the individuals in the voting constituency. 2001, c. 7, c. 12. Same (3) The determination under subsection (2) shall be based upon the information provided in the application for certification and accompanying information provided under subsection 28.0.2 (10). 2001, c. 7, c. 12. No hearing (4) The Board shall not hold a hearing when making a decision under subsection (1) or (2). 2001, c. 7, c. 12. Timing of vote (5) Unless the Board directs otherwise, the representation vote shall be held within five days (excluding Saturdays, Sundays and holidays) after the day on which the application for certification is filed with the Board. 2001, c. 7, c. 12. Conduct of vote (6) The representation vote shall be by ballots cast in such a manner that individuals expressing their choice cannot be identified with the choice made except in a case where there is only one member in the bargaining unit. 2001, c. 7, c. 12. Sealing of ballot box, etc. (7) The Board may direct that one or more ballots be segregated and that the ballot box containing the ballots be sealed until such time as the Board directs. 2001, c. 7, c. 12. Subsequent hearing (8) After the representation vote has been taken, the Board may hold a hearing if the Board considers it necessary in order to dispose of the application for certification. 2001, c. 7, c. 12. Exception (9) When disposing of an application for certification, the Board shall not consider any challenge to the information provided under subsection 28.0.2 (10). 2001, c. 7, c. 12.
Disagreement by employer with Association’s estimate
28.0.4 (1) If the employer disagrees with the Association’s estimate, included in the application for certification, of the number of individuals in the group of public servants to whom the application for certification relates, the employer may give the Board a notice that it disagrees with that estimate. 2001, c. 7, c. 12. Content of notice (2) A notice under subsection (1) must include the employer’s estimate of the number of individuals in the group of public servants to whom the application for certification relates. 2001, c. 7, c. 12. Deadline for notice (3) A notice under subsection (1) must be given within two days (excluding Saturdays, Sundays and holidays) after the day on which the employer receives the application for certification. 2001, c. 7, c. 12. Sealing of ballot boxes (4) If the Board receives a notice under subsection (1), the Board shall direct that the ballot boxes from the representation vote be sealed unless the Association and the employer agree otherwise. 2001, c. 7, c. 12. Board determinations, etc. (5) The following apply if the Board receives a notice under subsection (1): 1. The Board shall not certify the Association as the exclusive bargaining agent or dismiss the application for certification except as allowed under paragraph 2 or as required under paragraph 6. 2. If the Board did not direct that the ballot boxes be sealed, the Board may dismiss the application for certification. 3. Unless the Board dismisses the application as allowed under paragraph 2, the Board shall determine the number of individuals in the group of public servants to whom the application for certification relates. 4. After the Board’s determination under paragraph 3, the Board shall determine the percentage of the individuals in the group of public servants to whom the application for certification relates who appear to be members of the Association at the time the application for certification was filed, based upon the Board’s determination under paragraph 3 and the information provided under subsection 28.0.2 (10). 5. If the percentage determined under paragraph 4 is less than 40 per cent, the Board shall dismiss the application for certification and, if the ballot boxes were sealed, the Board shall direct that the ballots be destroyed without being counted. 6. If the percentage determined under paragraph 4 is 40 per cent or more, i. if the ballot boxes were sealed, the Board shall direct that the ballot boxes be opened and the ballots counted, subject to any direction the Board has made under subsection 28.0.3 (7), and ii. the Board shall either certify the Association or dismiss the application for certification. 2001, c. 7, c. 12.
Certification after representation vote
28.0.5 (1) The Board shall certify the Association as the exclusive bargaining agent for the group of public servants described in the application if more than 50 per cent of the ballots cast in the representation vote are cast in favour of the Association. 2001, c. 7, c. 12. No certification (2) The Board shall not certify the Association as the exclusive bargaining agent for the group of public servants described in the application if 50 per cent or less of the ballots cast in the representation vote are cast in favour of the Association. 2001, c. 7, c. 12. Bar to reapply (3) If the Board dismisses an application to certify the Association as the exclusive bargaining agent for a group of public servants referred to in subsection 28.0.2 (1), the Board shall not consider another application by the Association for certification as the exclusive bargaining agent for a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application. 2001, c. 7, c. 12. Same (4) For greater certainty, subsection (3) does not apply with respect to a dismissal under paragraph 5 of subsection 28.0.4 (5). 2001, c. 7, c. 12.
Application of LRA, 1995 provisions
28.0.6 (1) Sections 70, 71, 72, 73, 76, 77, 87 and 88 of the Labour Relations Act, 1995 apply to an application made under section 28.0.2 with necessary modifications and, for the purposes of the application of those provisions, any reference to a trade union in those provisions shall be deemed to include a reference to the Association. 2001, c. 7, c. 12. Same, s. 96 (2) Section 96 of the Labour Relations Act, 1995 applies with necessary modifications to any complaint alleging a contravention of the provisions of that Act referred to in subsection (1) and, for the purposes of the application of that section, any reference to a trade union in that section shall be deemed to include a reference to the Association. 2001, c. 7, c. 12.
New representation vote
28.0.7 (1) Upon the application of AMAPCEO, OPSEU, PEGO or the Association, the Board may order another representation vote in the following circumstances: 1. The employer, employer’s organization or a person acting on behalf of the employer or the employer’s organization has contravened a section of the Labour Relations Act, 1995 referred to in subsection 28.0.6 (1). 2. The result of the contravention is that a prior representation vote did not likely reflect the true wishes of the public servants to whom the application related about being represented by the Association. 3. If the application is made by the Association, the Association has membership support adequate for the purposes of collective bargaining on behalf of the public servants to whom the application relates. 2001, c. 7, c. 12. Same (2) Upon the application of an interested person, the Board may order another representation vote in the following circumstances: 1. AMAPCEO, OPSEU, PEGO, the Association or a person acting on any of their behalf has contravened a section of the Labour Relations Act, 1995 referred to in subsection 28.0.6 (1). 2. The result of the contravention is that a prior representation vote did not likely reflect the true wishes of the public servants to whom the application related about being represented by the Association. 2001, c. 7, c. 12. No prior contraventions considered (3) In determining whether to order another representation vote under subsection (1) or (2), the Board shall not consider any contravention of the sections of the Labour Relations Act, 1995 referred to in subsection 28.0.6 (1) that occurred before the day on which section 12 of the Public Service Statute Law Amendment Act, 2001 comes into force. 2001, c. 7, c. 12. Effect of prior representation vote (4) Subsections 28.0.5 (1) and (2) do not apply with respect to a prior representation vote if a new representation vote is ordered under this section. 2001, c. 7, c. 12. Power of Board (5) Without restricting its powers under section 96 of the Labour Relations Act, 1995 as provided for in subsection 28.0.6 (2), the Board may do anything to ensure that a new representation vote ordered under this section reflects the true wishes of the public servants to whom the application for certification relates. 2001, c. 7, c. 12.
Effect of certification, termination of bargaining rights
28.0.8 (1) If the Association is certified as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 28.0.2 (1), (a) the trade union that previously was the bargaining agent for that group of public servants, AMAPCEO, OPSEU or PEGO, as the case may be, forthwith ceases to represent the public servants; and (b) the collective agreement between the employer and the trade union that previously was the public servants’ bargaining agent ceases to operate in so far as it affects such public servants. 2001, c. 7, c. 12. Same, creation of new bargaining unit (2) Upon the certification of the Association as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 28.0.2 (1), the bargaining unit for civilian employees in the Ontario Provincial Police described in paragraph 2 of subsection 26 (2) is established and the designated positions of the public servants to whom the application related shall be included in the bargaining unit. 2001, c. 7, c. 12. Same, adding to new bargaining unit (3) If, after having been certified as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection 28.0.2 (1), the Association is certified as the exclusive bargaining agent for one or both of the other groups of public servants, the designated positions of those public servants shall be included in the bargaining unit for civilian employees in the Ontario Provincial Police referred to in paragraph 2 of subsection 26 (2). 2001, c. 7, c. 12. Bargaining unit deemed appropriate (4) The bargaining unit established under subsection (2) shall be deemed to be appropriate for collective bargaining. 2001, c. 7, c. 12. Same (5) If one or both of the other groups of public servants referred to in subsection 28.0.2 (1) are added to the bargaining unit established under subsection (2), the bargaining unit shall be deemed to be appropriate for collective bargaining. 2001, c. 7, c. 12. Association not trade union under LRA, 1995 (6) Despite the certification of the Association under subsection 28.0.5 (1) and the definition of “trade union” in subsection 1 (1) of the Labour Relations Act, 1995, that Act does not apply to the Association except as may be provided in this Act. 2001, c. 7, c. 12. Miscellaneous
Future applications under s. 7 of LRA, 1995
28.0.9 The Board shall not consider itself bound by, or have any regard to, any provision of this Act permitting the exclusion of public servants from their existing bargaining units under the Crown Employees Collective Bargaining Act, 1993 if any future applications are made to the Board under section 7 of the Labour Relations Act, 1995 for the certification of a trade union as the bargaining agent for employees who are part of a bargaining unit established under the Crown Employees Collective Bargaining Act, 1993. 2001, c. 7, c. 12. Application of LRA, 1995
Rules of Board
28.0.10 (1) The rules of practice made by the chair of the Board under subsection 110 (17) of the Labour Relations Act, 1995 apply to a proceeding before the Board relating to a question referred to in subsection 26 (4.1), a complaint made under section 27 or an application made under section 28.0.2. 2001, c. 7, c. 12. Powers of the Board (2) In a proceeding referred to in subsection (1), the Board has all of the powers and duties referred to in section 111 of the Labour Relations Act, 1995. 2001, c. 7, c. 12. Application of miscellaneous provisions (3) Section 108, subsections 110 (9), (11), (12), (13), (14), (15) and (16), section 112, subsection 114 (1) and sections 115.1, 117, 119, 120, 122 and 123 of the Labour Relations Act, 1995 apply with necessary modifications to a proceeding referred to in subsection (1). 2001, c. 7, c. 12. Same (4) Sections 116 and 118 of the Labour Relations Act, 1995 apply with necessary modifications to a decision or order of the Board made under sections 28.0.2 to 28.0.7 or made with respect to a complaint made under section 27. 2001, c. 7, c. 12. Deemed reference to Association (5) Any reference to a trade union in any of the provisions of the Labour Relations Act, 1995 referred to in subsections (1) to (4) shall be deemed to include a reference to the Association for the purposes of the application of those provisions to a proceeding referred to in subsection (1) or to a decision or order of the Board with respect to a complaint made under section 27 or made under sections 28.0.2 to 28.0.7. 2001, c. 7, c. 12. PART III   POLITICAL ACTIVITY RIGHTS
Political activity
28.1(1)For the purposes of this Part, a Crown employee engages in political activity when he or she, (a) does anything in support of or in opposition to a federal or provincial political party; (b) does anything in support of or in opposition to a candidate in a federal, provincial or municipal election; (c) comments publicly and outside the scope of the duties of his or her position on matters that are directly related to those duties and that are dealt with in the positions or policies of a federal or provincial political party or in the positions publicly expressed by a candidate in a federal or provincial election. General prohibition (2)No Crown employee shall engage in political activity in the workplace. Same (3)No Crown employee who is wearing his or her uniform shall, (a) publicly engage in an activity described in clause (1) (a) or (b); (b) engage in an activity described in clause (1) (c). Same (4)No Crown employee shall engage in political activity that could place the employee in a position of conflict with the interests of the Crown. Same (5)No Crown employee shall associate his or her position with political activity. Exception (6)While on leave of absence granted under subsection 28.4 (4), a Crown employee who does not belong to the restricted category described in subsection 28.3 (3) may engage in political activity that could place the employee in a position of conflict with the interests of the Crown. Same (7)While on leave of absence granted under subsection 28.3 (6) or 28.4 (4), a Crown employee may associate his or her position with political activity, but only to the extent necessary to identify the employee’s position and work experience for campaign purposes. 1993, c. 38, s. 63 (5).
Right not to engage in political activity
28.2A Crown employee is entitled to decline to engage in political activity. 1993, c. 38, s. 63 (5).
Leaves of absence
28.5The following rules apply to leaves of absence granted to Crown employees under subsection 28.3 (6) or 28.4 (4): 1. A leave of absence shall begin and end on the dates specified in the employee’s application, subject to paragraphs 2, 3 and 4. 2. A leave of absence granted to enable the employee to be a candidate in a municipal election or to campaign on behalf of such a candidate shall not begin earlier than sixty days before polling day or continue after polling day. 3. A leave of absence granted to enable the employee to be a candidate in a federal or provincial election or to campaign on behalf of such a candidate shall not begin earlier than the day on which the writ for the election is issued or later than the last day for nominating candidates under the applicable provincial or federal statute and shall not continue after polling day. 4. A leave of absence granted to enable the employee to seek to be nominated as a candidate in a federal, provincial or municipal election shall not continue after the day the employee withdraws from or loses the nomination campaign, or, if the employee wins the nomination, after polling day. 1993, c. 38, s. 63 (5).
Continuous service
28.6The period of a leave of absence granted under subsection 28.3 (6) or 28.4 (4) shall not be counted in determining the length of the employee’s service, but the service before and after the period of leave shall be deemed to be continuous for all purposes. 1993, c. 38, s. 63 (5).
Resignation
28.7(1)A Crown employee who is elected in a federal or provincial election shall immediately resign his or her position as a Crown employee. Same (2)A Crown employee who is elected in a municipal election to an office that would interfere with the performance of the employee’s duties or would conflict with the interests of the Crown shall immediately resign his or her position as a Crown employee. Right to be appointed (3)A former Crown employee who resigns in accordance with subsection (1) or (2) and later ceases to be an elected political representative is entitled, on application, to be appointed to any vacant position in the service of the Crown for which he or she is qualified. Time limits (4)Subsection (3) applies only if the former Crown employee, (a) ceases to be an elected political representative within five years after resigning in accordance with subsection (1), or within three years after resigning in accordance with subsection (2); and (b) makes an application under subsection (3) within twelve months after ceasing to be an elected political representative. Other rights (5)Another person’s right to be appointed or assigned to the vacant position by virtue of a collective agreement or under the regulations prevails over the right conferred by subsection (3). Continuous service (6)Section 28.6 applies, with necessary modifications, to a Crown employee who has resigned and subsequently been appointed as described in this section. 1993, c. 38, s. 63 (5).
Penalty
28.8A Crown employee who contravenes section 28.1, subsection 28.3 (2) or 28.4 (1) is subject to the full range of available disciplinary penalties, including suspension and dismissal. 1993, c. 38, s. 63 (5).
Grievance rights
28.9(1)A Crown employee has the grievance rights set out in subsection (2) if he or she, (a) is disciplined for a contravention of section 28.1, subsection 28.3 (2) or 28.4 (1); (b) suffers adverse consequences in the context of his or her employment as a result of engaging in or declining to engage in political activity that this Act permits; or (c) is threatened with an action described in clause (a) or (b). Same (2)A Crown employee to whom subsection (1) applies, (a) is entitled to have the matter dealt with by final and binding arbitration under a collective agreement, if any; (b) is entitled to a hearing before the Public Service Grievance Board in accordance with the regulations, in the case of a Crown employee who is a public servant and to whom no collective agreement applies; (c) is entitled to file a grievance with the Ontario Labour Relations Board under section 28.10, in the case of a Crown employee who is not a public servant and to whom no collective agreement applies. Same (3)Subsection (2) shall not be interpreted to limit any other right an employee may have under any other Act or at law to seek a remedy. Exception (4)A Crown employee’s membership in the restricted category described in subsection 28.3 (3) may not be made the subject of arbitration or of a grievance. 1993, c. 38, s. 63 (5).
Regulations of the L.G. in C.
29.1(1)The Lieutenant Governor in Council may make regulations, (a) designating agencies of the Crown for the purpose of the definition of “Crown employee”; (b) requiring the appointment of a civil servant, public servant or Crown employee to be made on the form prescribed in the regulation. Retroactive regulation (2)A regulation made under clause (1) (a) may be made effective as of a date earlier than the date on which the Lieutenant Governor in Council makes it, but shall not be made effective as of a date earlier than the 18th day of December, 1991. 1993, c. 19, s. 1 (3).
Regulations
29.2 The Lieutenant Governor in Council may make regulations, (a) defining “gross mismanagement”, “gross waste of money”, “abuse of authority”, “imminent grave health or safety hazard” and “imminent grave environmental hazard” for the purposes of Part IV; (b) providing for the establishment and administration of the public file under Part IV; (c) respecting access of the public to records placed in the public file; (d) prescribing the circumstances under which the Counsel is required to or may provide copies of records placed in the public file; (e) authorizing the Counsel to charge fees for copies of records placed in the public file and prescribing those fees. 1993, c. 38, s. 63 (11); 2006, c. 19, Sched. N, s. 4 (9).
Cost of administration
30.The cost of administration of this Act is payable out of the money appropriated therefor by the Legislature. R.S.O. 1990, c. P.47, s. 30.
Procedure
31.The Statutory Powers Procedure Act does not apply to proceedings and decisions under this Act or the regulations. R.S.O. 1990, c. P.47, s. 31.
Restriction on employment in decision on grievance
32. (1) In rendering a decision on a grievance brought before it in accordance with the regulations, the Public Service Grievance Board shall not provide in its decision for the employment of an employee in a position that involves direct responsibility for or that provides an opportunity for contact with residents in a facility or with a client if the Board has found that the employee, (a) has applied force to a resident in a facility or a client, except the minimum force necessary for self-defence or the defence of another person or necessary to restrain the resident or client; or (b) has sexually molested a resident or a client. 2001, c. 7, s. 15. Definitions (2) In subsection (1), “client” means a person to whom services are provided in a community resource centre that is designated under section 15 of the Ministry of Correctional Services Act; (“client”) “facility” means, (a) premises where services are provided by the Minister under the Child and Family Services Act, (b) a facility under the Developmental Services Act, (c) The Ontario School for the Deaf, The Ontario School for the Blind or a school for the deaf or a school for the blind continued or established under section 13 of the Education Act, (d) a psychiatric facility under the Mental Health Act, (e) a correctional institution under the Ministry of Correctional Services Act, (f) a place of temporary detention under the Youth Criminal Justice Act (Canada), (g) a youth custody facility under the Youth Criminal Justice Act (Canada), or (h) any other workplace where the employee works in carrying out the duties of his or her position, including but not limited to those that he or she is required to carry out at any of the places mentioned in clauses (a) to (g); (“établissement”) “resident” means a person who is an inmate, patient, pupil or resident in or is detained or cared for in a facility. (“résident”) 2001, c. 7, s. 15; 2006, c. 19, Sched. D, s. 19. Substantially equivalent position (3) In circumstances in which it is restricted by subsection (1), the Public Service Grievance Board may provide for the employment of the employee in another substantially equivalent position. 2001, c. 7, s. 15.
Criminal conviction or discharge considered conclusive evidence
33. (1) If a public servant is convicted or discharged of an offence under the Criminal Code (Canada) in respect of an act or omission that results in discipline or dismissal and the discipline or dismissal becomes the subject-matter of a grievance before the Public Service Grievance Board, proof of the conviction or discharge shall, after the time for an appeal has expired or, if an appeal was taken, it was dismissed and no further appeal is available, be taken as conclusive evidence that the public servant committed the act or omission. 2001, c. 7, s. 15. Adjournment pending appeal to be granted (2) If an adjournment of a grievance is requested pending an appeal of a conviction or a discharge mentioned in subsection (1), the Public Service Grievance Board shall grant the adjournment. 2001, c. 7, s. 15.