jswizzle3737/ontario_laws_and_regs huggingface dataset:
2. (1) Where the Commission authorizes a deputy minister to maintain lists of eligibles, the deputy minister may delegate in writing all or part of this authority to a person in his or her ministry who shall be a civil servant.  R.R.O. 1990, Reg. 977, s. 2 (1). (2) Only a person who meets the qualifications determined by the Commission for a position shall be added to the list of eligibles for the position.  R.R.O. 1990, Reg. 977, s. 2 (2).
3. Where the qualifications of applicants for any position in the civil service are equal, preference shall be given to those who were honourably discharged or retired from active service in Her Majesty’s forces in respect of, (a) the War of 1939 to 1945; or (b) the Korean War, 1950-1953.  R.R.O. 1990, Reg. 977, s. 3.
4. (1) Subject to subsection (2), the Commission may, upon the recommendation of the deputy minister, assign a civil servant from one position in his or her ministry to another position in his or her ministry.  R.R.O. 1990, Reg. 977, s. 4 (1). (2) Where the incumbent of a position is unable to act or where a position becomes vacant, the deputy minister may designate a civil servant in the ministry to exercise the powers and perform the duties of the position in an acting capacity.  R.R.O. 1990, Reg. 977, s. 4 (2); O. Reg. 40/02, s. 2 (1). (2.1) A term classified employee cannot be assigned to a position under subsection (1) or designated to exercise powers and perform duties under subsection (2) unless the terms of his or her appointment permit such an assignment or designation.  O. Reg. 40/02, s. 2 (2). (3) Where the deputy minister has designated a civil servant under subsection (2) and after five consecutive working days the incumbent is still unable to act or no permanent appointment has been made to the position, the civil servant filling the position shall be paid as if he or she were assigned to the position and the payment of acting pay shall be made retroactive to the first day of the acting appointment.  R.R.O. 1990, Reg. 977, s. 4 (3). (4) Subsection (3) does not apply where the incumbent is absent due to vacation leave of absence.  R.R.O. 1990, Reg. 977, s. 4 (4).
5. (1) The Commission may assign a civil servant from a position in one ministry to a position in another ministry upon the recommendation of the deputy minister of the ministry to which the civil servant is assigned and the Commission shall determine whether or not the deputy minister of the ministry from which the civil servant is assigned concurs.  R.R.O. 1990, Reg. 977, s. 5. (2) A term classified employee cannot be assigned to a position under subsection (1) unless the terms of his or her appointment permit such an assignment.  O. Reg. 40/02, s. 3. Unclassified Service
6. (1) The unclassified service consists of employees who are employed under individual contracts in which the terms of employment are set out and is divided into, (a) Group 1, consisting of employees who are employed, (i) on a project of a non-recurring kind, (ii) in a professional or other special capacity, (iii) on a temporary work assignment arranged by the Commission in accordance with its program for providing temporary help, (iv) for fewer than fourteen hours per week or fewer than nine full days in four consecutive weeks or on an irregular or on-call basis, (v) during their regular school, college or university vacation period or under a co-operative educational training program; (b) Group 2, consisting of employees who are employed on a project of a recurring kind, (i) for fewer than twelve consecutive months and for fewer than, (A) 36¼ hours per week where the position, if filled by a civil servant, would be classified as a position requiring 36¼ hours of work per week, (B) 40 hours per week where the position, if filled by a civil servant, would be classified as a position requiring 40 hours of work per week, (ii) for fewer than eight consecutive weeks per year where the contract of the employee provides that the employee is to work either 36¼ hours per week or 40 hours per week; (c) Group 3 consisting of employees appointed on a seasonal basis for a period of at least eight consecutive weeks but less than twelve consecutive months to an annually recurring position where the contract provides that the employee is to work either 36¼ hours per week or 40 hours per week; (d) Group 4, consisting of employees, (i) who are appointed pursuant to section 8 of the Act, whether or not the duties performed by them are, or are similar to, duties performed by civil servants, and (ii) who are not employees that belong to Group 1, 2 or 3.  R.R.O. 1990, Reg. 977, s. 6 (1). (2) No person who occupies a position in the classified service shall be employed in the unclassified service, except with the approval of the Commission.  R.R.O. 1990, Reg. 977, s. 6 (2). (3) No person employed in the unclassified service shall supervise the work of persons employed in the classified service, except with the approval of the Commission.  R.R.O. 1990, Reg. 977, s. 6 (3). (4) Nothing in any of the following provisions applies to an employee appointed to Group 1 of the unclassified service: 1. Part II (Conditions of Employment): sections 7 to 10 and 11 to 14.1. 2. Part III (Staff Development): section 17, subsection 18 (2) and sections 19 to 24. 3. Part V (Grievance Procedure): sections 30 to 43.  O. Reg. 1/04, s. 2. PART II   CONDITIONS OF EMPLOYMENT Attendance
7. (1) Each deputy minister shall ensure the registers are maintained in his or her ministry, in which shall be recorded the attendance and absences of each public servant in the ministry and the information contained in the registers shall be sufficient to substantiate, (a) all payments of salary; and (b) the accrual of all credits associated with the salary, of each public servant in the ministry.  R.R.O. 1990, Reg. 977, s. 7 (1). (2) The deputy minister may exempt from the application of subsection (1) such public servants in his or her ministry for whose attendance records special provision has been made.  R.R.O. 1990, Reg. 977, s. 7 (2). (3) Each deputy minister shall supply the Commission with a monthly summary of all absences in his or her ministry in such form as is specified by the Commission from time to time.  R.R.O. 1990, Reg. 977, s. 7 (3).
8. (1) In this section, “short term sickness plan” means the plan described in section 60; “teacher” means a teacher as defined in the Teaching Profession Act.  R.R.O. 1990, Reg. 977, s. 8 (1). (2) Upon appointment to the public service, a teacher is entitled to an attendance credit of nine days for each year of past teaching service up to but not exceeding forty-five days, but in no case shall the attendance credit exceed the sick leave credit accumulated by the teacher during his or her past teaching service.  R.R.O. 1990, Reg. 977, s. 8 (2). (3) Upon appointment to the civil service, a teacher who was employed in Group 1 of the unclassified service is entitled to an attendance credit of fifteen days for each year of past teaching service in Group 1 of the unclassified service, but there shall be deducted from the total of such attendance credits, (a) any attendance credits used by the teacher while he or she was employed in Group 1 of the unclassified service; and (b) any attendance credits in respect of the period of time after the date of the coming into force of the short term sickness plan in respect of the position to which the teacher is appointed in the classified service.  R.R.O. 1990, Reg. 977, s. 8 (3). (4) The attendance credits provided for in subsections (2) and (3) shall not be included in accumulated attendance credit for the purpose of computing the amount payable, when a person ceases to be a civil servant.  R.R.O. 1990, Reg. 977, s. 8 (4).
9. (1) The hours of work per week which shall be performed by civil servants of the classifications set out, (a) in Schedule 3, shall be 36¼ hours; (b) in Schedule 4, shall be 40 hours; (c) in Schedule 5, shall vary in accordance with the requirements of the position but shall not be less than 36¼ or greater than 40 hours; and (d) in Schedule 6, shall vary in accordance with the requirements of the classification but shall not be less than 36¼ hours.  R.R.O. 1990, Reg. 977, s. 9 (1). (2) Where the duties of a civil servant require, (a) that he or she work more than the number of hours per week prescribed under subsection (1) or (3) at regularly recurring times of the year; or (b) that the number of hours per week be normally irregular, the average weekly number of hours prescribed under subsection (1) or (3) shall be computed as a weekly average over one year.  R.R.O. 1990, Reg. 977, s. 9 (2). (3) Despite subsection (1), a deputy minister may, (a) designate any position in his or her ministry in a classification set out in Schedule 3 or 4 as a position whose duties require fewer or more hours of work per week than are prescribed for the classification by subsection (1); or (b) designate any position in his or her ministry in a classification set out in Schedule 5 or 6 as a position whose duties require fewer hours of work per week than are prescribed for the classification by subsection (1).  R.R.O. 1990, Reg. 977, s. 9 (3). (4) In designating a position under subsection (3) as a position whose duties require fewer hours per week than are prescribed by subsection (1), a deputy minister shall specify that the position requires at least, (a) fourteen hours per week; or (b) nine full days in four consecutive weeks.  R.R.O. 1990, Reg. 977, s. 9 (4). (5) The salary of a civil servant in a position designated by his or her deputy minister under subsection (3) shall be increased or reduced in the same proportion that the hours of work per week designated for the position by the deputy minister bear to the hours of work per week prescribed for the classification of the position by subsection (1).  R.R.O. 1990, Reg. 977, s. 9 (5). Management Compensation Option
10.1 Sections 10.2 to 10.11 apply with respect to every person who is appointed to a position in the public service.  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 1 (1); O. Reg. 136/02, s. 1.
10.2 (1) Revoked:  O. Reg. 1/04, s. 3. (2) For the purposes of sections 10.6 to 10.11, an employee is considered to be on call when the employee keeps himself or herself reasonably available for recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period.  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 2 (3, 4). (3) For the purposes of sections 10.6 to 10.11, an employee’s regular work period, regularly scheduled work day and regularly scheduled work week are to be determined without reference to a period in which there is an emergency, a strike or a lock-out (whether or not the strike or lock-out is lawful).  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 2 (5, 6). 10.3 (1) If overtime credit under sections 10.6 to 10.11 is to be calculated at time-and-a-half, the employee receives 45 minutes credit for each half-hour of the applicable work.  O. Reg. 136/02, s. 3 (2). (1.1) Revoked:  O. Reg. 136/02, s. 3 (2). (2) If overtime credit is to be calculated at straight time, the employee receives one half-hour of credit for each half-hour of the applicable work.  O. Reg. 121/99, s. 1. (3) For the purposes of calculating an employee’s overtime credit, the period of applicable work is to be rounded to the nearest half-hour.  A period of 15 minutes’ work is to be rounded to a half-hour.  O. Reg. 121/99, s. 1. (4) The rounding rule set out in subsection (3) does not apply with respect to the first half-hour of the period of applicable work.  O. Reg. 121/99, s. 1.
10.4 (1) A lump sum payment to an employee for overtime credit under sections 10.6 to 10.11 is to be calculated using the employee’s salary that was in effect when he or she earned the credit.  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 4 (1, 2). (2) The regular work week of a Schedule 6 employee shall be deemed to be 36¼ hours, for the purpose of calculating the hourly salary rate to be used to determine the amount of a lump sum payment to the employee.  O. Reg. 121/99, s. 1.
10.5 (1) An employee who is entitled to receive compensation under section 10.9 or 10.9.1 (overtime during an emergency) is not entitled to receive compensation under any other section for the same period of work.  O. Reg. 160/03, s. 1. (2) An employee who is entitled to receive compensation under section 10.8 (overtime during geological field operations) for work in the field is not entitled to receive compensation under section 10.6, 10.7, 10.10 or 10.11 for the same period of work.  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 5 (1, 2). (3) An employee who is entitled to receive compensation under section 10.10 or 10.11 (overtime during a strike or lock-out) is not entitled to receive compensation under section 10.6 or 10.7 for the same period of work.  O. Reg. 121/99, s. 1; O. Reg. 136/02, s. 5 (3, 4). Standard Overtime
10.7 (1) The Schedule 6 employees described in subsection (3) are entitled to compensation when they work overtime as described in subsection (4).  O. Reg. 121/99, s. 1. (2) The amount and form of compensation are determined under this section.  O. Reg. 121/99, s. 1. (3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and if the title of the class indicates that the position is “excluded”.  However, employees in the Crown Counsel 1, 2, 3 or 4 (Excluded) classes are not entitled to compensation.  O. Reg. 121/99, s. 1. (4) For the purposes of this section, an employee is considered to be working overtime when the employee, with the authorization of his or her supervisor, (a) works on a day that is not a regularly scheduled work day for the employee; or (b) works more than 36¼ hours in a week.  O. Reg. 1/04, s. 4 (1). (5) Work on a holiday listed in subsection 58 (1) is not considered to be overtime work for the purposes of this section.  O. Reg. 121/99, s. 1. (6) An employee is not considered to be working overtime when the employee is on call, on stand-by or travelling.  O. Reg. 121/99, s. 1. (7) An employee described in subsection (3) receives overtime credit calculated at the following rate for his or her overtime work: 1. If the employee works overtime on a day that is not his or her regularly scheduled work day, overtime credit is calculated at one and one-half time for each hour of overtime that he or she works on that day. 2. If, during a week, the employee works more than 36¼ hours but less than 44 hours on his or her regularly scheduled work days, overtime credit is calculated at straight time for each hour of overtime work performed on a regularly scheduled work day during that week. 3. If, during a week, the employee works 44 hours or more on his or her regularly scheduled work days, overtime credit is calculated at, i. straight time for each hour of overtime work performed on a regularly scheduled work day during that week, for the hours of work between 36¼ hours and 44 hours on regularly scheduled work days, and ii. one and one-half time for each hour in excess of 44 hours worked on regularly scheduled work days during that week.  O. Reg. 626/05, s. 1. (7.1) Subsection (7) applies with respect to overtime worked on and after August 15, 2005.  O. Reg. 626/05, s. 1. (8) An employee shall be compensated as follows for the overtime credit he or she receives under this section: 1. The employee is entitled to take compensating leave equal to the amount of his or her overtime credit. 2. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee earns the overtime credit. 3. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit.  O. Reg. 121/99, s. 1. Overtime During Geological Field Operations
10.8 (1) This section applies in the case of geological field operations.  O. Reg. 121/99, s. 1. (2) The employees described in subsection (4) are entitled to compensation when they work overtime as described in subsection (6).  O. Reg. 121/99, s. 1. (3) The amount and form of compensation are determined under this section.  O. Reg. 121/99, s. 1. (4) Subject to subsection (5), employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and the class falls within the Management Compensation Plan.  O. Reg. 121/99, s. 1. (5) Employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association.  O. Reg. 121/99, s. 1. (6) For the purposes of this section, an employee is considered to be working overtime during geological field operations, (a) if he or she spends more than 30 days in the field during a year; and (b) if he or she spent more than 30 days in the field during the previous year.  O. Reg. 121/99, s. 1. (7) Subject to subsections (8) and (9), an employee who is entitled to compensation under this section receives overtime credit calculated at straight time for the following work in the field: 1. For his or her work in excess of 7¼ hours on a regularly scheduled work day. 2. For his or her work on a day that is not a regularly scheduled work day.  O. Reg. 121/99, s. 1. (8) An employee is not entitled to overtime credit under this section for time spent on call, on stand-by or travelling.  O. Reg. 121/99, s. 1. (9) An employee is not entitled to overtime credit under this section of more than 145 hours in a year.  O. Reg. 121/99, s. 1. (10) The employee shall be compensated as follows for the overtime credit he or she receives under this section: 1. If the employee has the authorization of his or her supervisor, the employee may take compensating leave equal to the amount of his or her overtime credit. 2. If the employee does not take compensating leave for all or part of the overtime credit, the employee shall be paid a lump sum for the remaining overtime credit.  O. Reg. 121/99, s. 1. Overtime During an Emergency
10.9 (1) This section applies, (a) in case of a forest fire emergency; and (b) in case of any other emergency that Management Board of Cabinet declares to be an emergency requiring extraordinary measures to protect public health, public safety or property.  O. Reg. 121/99, s. 1. (2) The full-time employees described in subsection (4) are entitled to compensation when they work overtime as described in subsection (6).  O. Reg. 121/99, s. 1. (3) The amount and form of compensation are determined under this section.  O. Reg. 121/99, s. 1. (4) Subject to subsection (5), full-time employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 6 and the class falls within the Management Compensation Plan.  O. Reg. 121/99, s. 1. (5) Employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association.  O. Reg. 121/99, s. 1. (6) For the purposes of this section, a full-time employee is considered to be working overtime as a result of, and during, an emergency when he or she works more than eight hours in a 24-hour period or works on a scheduled day off.  O. Reg. 160/03, s. 2 (1). (7) An employee is not considered to be working overtime when the employee is, (a) on call; (b) on stand-by; or (c) travelling to his or her normal place of work or to his or her headquarters.  O. Reg. 121/99, s. 1. (8) If the employee’s supervisor authorizes an employee to work overtime as a result of, and during, the emergency, the employee is entitled to receive overtime credit calculated at time-and-a-half for the authorized overtime that the employee works.  O. Reg. 160/03, s. 2 (2). (9) The employee shall be compensated as follows for the overtime credit he or she receives under this section: 1. The employee is entitled to take compensating leave equal to the amount of his or her overtime credit. 2. However, if the employee and his or her supervisor agree, the employee shall instead be paid a lump sum for all or part of his or her overtime credit. 3. If the employee frequently works overtime during a period of three months or more, the employee shall instead be paid a lump sum for that portion of his or her overtime credit that is specified by his or her supervisor.  The payment is to be made at the end of each three-month period of overtime work. 4. Compensating leave must be taken within one of the following periods, to be chosen by the employee’s supervisor: i. Within one year after the emergency begins. ii. Within the fiscal year in which the employee earns the overtime credit. 5. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining overtime credit.  O. Reg. 121/99, s. 1. Overtime and the SARS Emergency
10.9.1 (1) This section applies, and section 10.9 does not apply, if Management Board of Cabinet declares an emergency relating to severe acute respiratory syndrome to be an emergency requiring extraordinary measures to protect public health, public safety or property.  O. Reg. 160/03, s. 3. (2) The following full-time employees are entitled to compensation under this section when they work overtime as described in subsection (4) as a result of, and during, the SARS emergency: 1. Those employed in a class of position set out in Schedule 6 that falls within the Management Compensation Plan, but not those employed in a position listed in Schedule 8. 2. Those employed in the Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XCMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes. 3. Those employed in the Information Technology Executive ITX1 or 2 classes.  O. Reg. 160/03, s. 3. (3) The amount and form of compensation are determined under this section.  O. Reg. 160/03, s. 3. (4) Subsections 10.9 (6) and (7) apply for the purpose of determining whether an employee is working overtime.  O. Reg. 160/03, s. 3. (5) If the employee’s supervisor authorizes an employee to work overtime as a result of, and during, during the SARS emergency, the employee is entitled to receive overtime credit calculated at time-and-a-half for the authorized overtime that the employee works.  O. Reg. 160/03, s. 3. (6) Subsection 10.9 (9) applies for the purpose of determining the compensation to which an employee is entitled for overtime credit he or she receives under this section.  O. Reg. 160/03, s. 3. (7) In this section, “SARS emergency” means an emergency declared by Management Board of Cabinet as described in subsection (1) relating to severe acute respiratory syndrome.  O. Reg. 160/03, s. 3. Overtime During a Strike or Lock-out
10.10 (1) The Schedule 3, 4 and 5 employees described in subsection 10.6 (3) are entitled to compensation when they work overtime as described in subsection 10.6 (4) or (5) during a strike by, or lock-out of, employees employed in the Ontario Public Service, whether or not the strike or lock-out is lawful.  O. Reg. 121/99, s. 1. (1.1) Employees are entitled to compensation under this section for overtime work done on or after January 1, 1999.  O. Reg. 123/99, s. 1. (2) Subject to subsection (3), the amount and form of compensation are determined under section 10.6.  O. Reg. 121/99, s. 1. (3) An employee is not entitled to overtime credit for his or her regular working period during a regularly scheduled work day.  O. Reg. 121/99, s. 1.
10.11.1 Revoked:  O. Reg. 136/02, s. 7 (2).
10.11.2 Revoked:  O. Reg. 136/02, s. 7 (2).
10.11.3 Revoked:  O. Reg. 136/02, s. 7 (2).
10.11.4 Revoked:  O. Reg. 136/02, s. 7 (2). Compensation in Other Circumstances
10.12 (1) Sections 10.14 to 10.17, 10.19 and 10.20 apply with respect to every person who is appointed to a position in the public service, except as otherwise provided in those sections.  O. Reg. 229/00, s. 1. (2) Section 10.18 applies with respect to every civil servant, except as otherwise provided in that section.  O. Reg. 229/00, s. 1. (3) Sections 10.14 to 10.19 apply with respect to work activities on or after April 14, 2000.  O. Reg. 229/00, s. 1. (4) Section 10.20 applies with respect to work activities on or after March 27, 1999.  O. Reg. 229/00, s. 1.
10.13 (1) Revoked: O. Reg. 1/04, s. 5. (2) In sections 10.14 to 10.20, an employee’s basic hourly rate is the basic hourly rate that is in effect during the period when the employee performs the work, without regard to any premium or other amount that may be payable under those sections.  O. Reg. 229/00, s. 1. Holiday Pay
10.15 (1) An employee described in subsection (3) is entitled to be paid one dollar per hour when he or she is on call.  O. Reg. 229/00, s. 1. (2) For the purposes of this section, an employee is considered to be on call when the employee keeps himself or herself reasonably available for recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period.  O. Reg. 229/00, s. 1. (3) Employees are entitled to compensation under this section, (a) if they are employed in a class of position set out in Schedule 5 and the class falls within the Management Compensation Plan; or (b) if they are employed in a class of position set out in Schedule 3, 4 or 6 and the title of the class indicates that the position is “excluded”.  O. Reg. 229/00, s. 1. (4) Despite subsection (3), employees in the Crown Counsel 1, 2, 3, or 4 (Excluded) classes are not entitled to compensation under this section.  O. Reg. 229/00, s. 1. Pay for Stand-By Duty
10.16 (1) An employee described in subsection (3) is entitled to compensation under this section when he or she is on stand-by.  O. Reg. 229/00, s. 1. (2) For the purposes of this section, an employee is considered to be on stand-by when the employee keeps himself or herself available for immediate recall to work during a period (authorized by his or her supervisor) that is not his or her regularly scheduled work period.  O. Reg. 229/00, s. 1. (3) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan.  O. Reg. 229/00, s. 1. (4) A full-time employee who is required to be on stand-by for a period that does not exceed his or her regularly scheduled work day is entitled to be paid for four hours at his or her basic hourly rate.  O. Reg. 229/00, s. 1. (5) A full-time employee who is required to be on stand-by for a period longer than his or her regularly scheduled work day is entitled to be paid at the rate of one-half of his or her basic hourly rate for every hour of stand-by (calculated to the nearest half-hour).  O. Reg. 229/00, s. 1. (6) A part-time employee who is required to be on stand-by is entitled to be paid at the rate of one-half of his or her basic hourly rate for every hour of stand-by (calculated to the nearest half-hour).  O. Reg. 229/00, s. 1. Pay for Stand-By Duty During a Strike or Lock-out
10.16.1 (1) An employee described in subsection (3) is entitled to compensation under this section when he or she is on stand-by during a strike by persons employed in the Ontario Public Service or a lock-out of such persons, whether or not the strike or lock-out is lawful.  O. Reg. 41/02, s. 2. (2) Employees are entitled to compensation under this section when they are on stand-by on or after January 1, 2002.  O. Reg. 41/02, s. 2. (3) For the purposes of this section, an employee is considered to be on stand-by when the employee keeps himself or herself available for immediate recall to work during a period (authorized by his or her supervisor) that is not his or her regularly-scheduled work period.  O. Reg. 41/02, s. 2. (4) Employees are entitled to compensation under this section if they are employed in any of the following classes: 1. Those employed in the Senior Management Group 1 or 2 classes, but not in the Senior Management Group 1 (Seventh Unit) XSMC1 or Senior Management Group 2 (Seventh Unit) XSMC2 classes. 2. Those employed in the Information Technology Executive ITX 1 or 2 classes. 3. Those employed in a class of position set out in Schedule 6 if the class falls within the Management Compensation Plan, but not those described in subsection (5).  O. Reg. 41/02, s. 2. (5) Employees are not entitled to compensation under this section, (a) if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorneys’ Association; or (b) if they are employed in a position listed in Schedule 8 to this Regulation.  O. Reg. 136/02, s. 9. (6) The amount and form of compensation are determined under subsections 10.16 (4), (5) and (6).  O. Reg. 41/02, s. 2. Pay for Travel Time
10.17 (1) An employee described in subsection (2) is entitled to compensation under this section for his or her travel time in the circumstances described in subsection (3).  O. Reg. 229/00, s. 1. (2) Employees are entitled to compensation under this section if they are employed in a class of position set out in Schedule 3, 4 or 5 and the class falls within the Management Compensation Plan.  O. Reg. 229/00, s. 1. (3) Compensation is payable for an employee’s travel time, (a) if he or she is travelling for an employment-related purpose authorized by his or her supervisor, but not travelling to reach his or her normal place of work or his or her headquarters; and (b) if he or she is travelling by a means that has been authorized in writing by his or her supervisor.  O. Reg. 229/00, s. 1. (4) If the employee travels by car or by public transit, and if the employee travels to the destination directly, compensation is payable for the following periods of travel time (calculated to the nearest half-hour): 1. From the employee’s authorized time of departure from his or her normal place of work, headquarters or home, as the case may be, until the time he or she arrives at the destination. 2. From the employee’s authorized time of departure from the destination until the time he or she arrives at his or her normal place of work, headquarters or home, as the case may be.  O. Reg. 229/00, s. 1. (5) If the employee travels by a public carrier other than public transit, compensation is payable for the following periods of travel time (calculated to the nearest half-hour): 1. From one hour before the scheduled time of departure by the carrier until one hour after the carrier arrives at the destination.  O. Reg. 229/00, s. 1. (6) Despite subsections (4) and (5), if the employee travels on a holiday listed in subsection 58 (1) or on a day that is not a regularly scheduled work day for the employee, compensation for a minimum of four hours is payable under this section for his or her travel time on that day.  O. Reg. 229/00, s. 1. (7) Despite subsection (6), if the employee’s means of travel includes sleeping accommodation for him or her, the employee is not entitled to compensation for his or her travel time between 11 p.m. and the time that he or she regularly begins work.  O. Reg. 229/00, s. 1. (8) The employee shall be compensated as follows for the travel time described in subsections (4) to (6): 1. He or she is entitled to be paid at his or her basic hourly rate for the travel time. 2. However, if the employee and his or her supervisor agree, the employee may take compensating leave equal to the amount of the travel time. 3. Compensating leave must be taken before the end of the fiscal year after the fiscal year in which the employee becomes entitled to it. 4. If the employee does not take all of the compensating leave within that period, the employee shall be paid a lump sum for the remaining travel time.  O. Reg. 229/00, s. 1. Isolation Pay
10.19 (1) An employee described in subsection (4) is entitled to be paid a shift premium under this section when he or she works in the circumstances described in subsection (5).  O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (1). (2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (5) is not entitled to be paid a shift premium for the same period of work.  O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (2). (3) The amount and form of compensation are determined under this section.  O. Reg. 229/00, s. 1. (4) Employees are entitled to a shift premium under this section if they are employed in a class of position that falls within the Management Compensation Plan.  O. Reg. 229/00, s. 1. (5) An employee is entitled to be paid a shift premium of 78 cents per hour, (a) for the time that he or she works between 5 p.m. and 7 a.m.; or (b) if more than half of the time that he or she works on a shift falls between 5 p.m. and 7 a.m., for the time that he or she works on the shift.  O. Reg. 1/04, s. 6 (3). (6) Employees are entitled to be paid a shift premium at the rate specified under subsection (5) for work performed on and after January 1, 2002.  O. Reg. 1/04, s. 6 (3). (7) Despite subsection (5), an employee is not entitled to be paid a shift premium in the following circumstances: 1. The employee usually works during the day and he or she is required to work beyond his or her regular working period on a particular day. 2. The employee and his or her supervisor agree that, instead of working the usual hours for the employee’s position (for which no shift premium is payable), the employee may work during hours for which a shift premium would otherwise be payable under this section.  O. Reg. 229/00, s. 1; O. Reg. 1/04, s. 6 (4). (8) Despite subsection (4), employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorney’s Association.  O. Reg. 229/00, s. 1. Management Responsibility Supplements
10.20 (1) An employee described in subsection (3) is entitled to be paid a management responsibility supplement in the circumstances described in subsection (4), (5) or (6).  O. Reg. 75/06, s. 2. (2) An employee who is entitled to be paid overtime when he or she works in the circumstances described in subsection (4), (5) or (6) is not entitled to be paid a management responsibility supplement for the same period of work.  O. Reg. 75/06, s. 2. (3) Employees are entitled to a management responsibility supplement under this section, (a) if they are employed in a class of position that falls within the Management Compensation Plan; and (b) if, when they are working in the circumstances described in subsection (4), (5) or (6), they are engaged in supervising any member of the correctional bargaining unit who is entitled to a shift premium under a collective agreement that applies exclusively with respect to that bargaining unit.  O. Reg. 75/06, s. 2. (4) An employee is entitled to be paid a management responsibility supplement of $1 per hour, instead of the shift premium described in subsection 10.19 (5), (a) for the time that he or she works between 5 p.m. and midnight; or (b) if more than half of the time he or she works on a shift falls between 5 p.m. and midnight, for the time that he or she works on the shift.  O. Reg. 75/06, s. 2. (5) An employee is entitled to be paid a management responsibility supplement of $1.50 per hour, instead of the shift premium described in subsection 10.19 (6), (a) for the time that he or she works between midnight and 7 a.m.; or (b) if more than half of the time that he or she works on a shift falls between midnight and 7 a.m., for the time that he or she works on the shift.  O. Reg. 75/06, s. 2. (6) An employee is entitled to be paid a management responsibility supplement of $3.50 per hour for all hours that begin at or after 7 p.m. on a Friday and end at or before 7 a.m. on a Monday.  This management responsibility supplement is payable in addition to any management responsibility supplement payable under subsection (4) or (5).  O. Reg. 75/06, s. 2. (7) Employees are entitled to be paid a management responsibility supplement at the rate specified under subsection (6) for work performed on and after June 24, 2005.  O. Reg. 75/06, s. 2. (8) Employees who are paid a management responsibility supplement for work performed on or after June 24, 2005 are not entitled to be paid a special shift premium under subsection (6) as it read immediately before it was remade by this Regulation, but if an employee has been paid a special shift premium, the employee is entitled to be paid the difference, if any, between the special shift premium and management responsibility supplement.  O. Reg. 75/06, s. 2. (9) Despite subsection (3), employees are not entitled to compensation under this section if they are represented by the Association of Law Officers of the Crown, the Association of Ontario Physicians and Dentists in the Public Service, the Commissioned Officers’ Association or the Ontario Crown Attorney’s Association.  O. Reg. 75/06, s. 2. Reclassification
11. (1) Where the duties of a position are changed as a result of reorganization or reassignment of duties and the position is reclassified to a class with a lower maximum salary, a full-time civil servant who occupies the position when the reclassification is made is entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place.  R.R.O. 1990, Reg. 977, s. 11 (1). (2) A full-time civil servant to whom subsection (1) applies is entitled to be appointed to the first vacant position in his or her former class that occurs in the same administrative district or unit, institution, or other work area in the same ministry in which the civil servant was employed at the time the reclassification was made.  R.R.O. 1990, Reg. 977, s. 11 (2). (3) A full-time civil servant who, for reasons of health, is assigned to a position in a classification having a lower maximum salary shall not receive any salary progression or salary decrease for a period of six months after his or her assignment and, if at the end of that period the civil servant is unable to accept employment in his or her former classification, the civil servant shall be assigned to a classification consistent with his or her condition.  R.R.O. 1990, Reg. 977, s. 11 (3). (4) Where a position is reassessed and it is reclassified to a class with a lower maximum salary, any full-time civil servant who occupies the position at the time of the reclassification shall continue to be entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the reclassification takes place.  R.R.O. 1990, Reg. 977, s. 11 (4). (5) This section does not apply to a full-time civil servant who is a term classified employee.  O. Reg. 40/02, s. 4.
12. (1) Where, because of the abolition of a position, a full-time civil servant is assigned, (a) under section 4, from one position in a ministry to another position in the same ministry; or (b) under section 5, from a position in one ministry to a position in another ministry, and the position to which he or she is assigned is in a class with a lower maximum salary than the maximum salary for the class of the position from which he or she was assigned, the civil servant shall continue to be entitled to salary progression based on merit to the maximum salary of the higher classification including any revision of the maximum salary of the higher classification that takes effect during the salary cycle in which the assignment takes place.  R.R.O. 1990, Reg. 977, s. 12 (1). (2) Subsection (1) applies only where there is no position that the civil servant is qualified for and that he or she may be assigned to and that is, (a) in the same classification that applied to the civil servant’s position before the position was abolished; or (b) in a classification having the same maximum salary rate as the maximum salary rate of the classification that applied to the civil servant’s position before the position was abolished.  R.R.O. 1990, Reg. 977, s. 12 (2). (3) This section does not apply with respect to persons who are assigned to a position in the Senior Management Group.  O. Reg. 39/99, s. 1; O. Reg. 1/04, s. 7. Offences and Penalties
13. (1) Where the deputy minister suspends a public servant from employment pending an investigation, the period of suspension shall not exceed twenty working days.  R.R.O. 1990, Reg. 977, s. 13 (1). (2) Despite subsection (1), where in the opinion of the deputy minister, an additional period of time is required to complete the investigation, the deputy minister may renew the period of suspension for not more than twenty working days in each case for such additional periods as are considered necessary.  R.R.O. 1990, Reg. 977, s. 13 (2). (3) If a deputy minister removes a public servant from employment under subsection 22 (2) of the Act, the deputy minister shall give the public servant written notice of the removal and of the reasons for it and shall inform the public servant of his or her right to submit a grievance under Part V.  O. Reg. 168/96, s. 2 (1). (4) If a deputy minister dismisses a public servant under subsection 22 (3) of the Act, the deputy minister shall, (a) give the public servant written notice of the dismissal and of the reasons for it; (b) give written notice of the dismissal to the Commission; and (c) inform the public servant of his or her right to submit a grievance under Part V.  O. Reg. 168/96, s. 2 (1). (5)-(14)  Revoked:  O. Reg. 168/96, s. 2 (1). Note:  Section 13, as it read immediately before May 2, 1996, continues to apply with respect to hearings commenced before May 2, 1996.  See:  O. Reg. 168/96, s. 2 (2). Release from Employment
14.1 (1) This section applies with respect to a release from employment under subsection 22 (4.1) of the Act (release from employment on giving reasonable notice or compensation in lieu of reasonable notice).  O. Reg. 168/96, s. 4. (2) The following positions and classes of positions are designated for the purposes of subsection 22 (4.1) of the Act: 1. Positions in the Senior Management Group, other than those positions whose incumbents are represented for the purposes of collective bargaining under the Crown Employees Collective Bargaining Act, 1993 by the Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO) or by the Professional Engineers of the Government of Ontario (PEGO). 2. Positions in the Management Compensation Plan, other than those positions whose incumbents are represented for the purposes of collective bargaining under the Crown Employees Collective Bargaining Act, 1993 by the Association of Management, Administrative and Professional Crown Employees of Ontario (AMAPCEO) or by the Professional Engineers of the Government of Ontario (PEGO).  O. Reg. 168/96, s. 4; O. Reg. 1/04, s. 8. (3) The deputy minister shall not release a public servant from employment unless the deputy minister has obtained the prior approval of the Commission in writing to do so.  O. Reg. 168/96, s. 4. (4) If a deputy minister releases a public servant from employment, the deputy minister shall give the public servant written notice of the release and of the reasons for it.  O. Reg. 168/96, s. 4. (5) Compensation that may be payable to a person under subsection 22 (4.1) of the Act shall include the termination or severance payments payable to the person under sections 79 to 87.  O. Reg. 168/96, s. 4. (6) Section 84 does not apply with respect to a determination of the amount of compensation payable in lieu of reasonable notice or with respect to the payment of the compensation.  O. Reg. 168/96, s. 4.
15. Revoked:  O. Reg. 436/97, s. 1.
16. Revoked:  O. Reg. 625/94, s. 1. PART III   STAFF DEVELOPMENT
17. The deputy minister of a ministry, (a) shall plan and provide for the employees of the ministry staff development programs for the continued efficient and effective operation of the ministry; and (b) shall provide to the Commission reports on the staff development programs of the ministry or on such aspects of the programs as the Commission may specify at such times as the Commission may require the reports.  R.R.O. 1990, Reg. 977, s. 17.
18. (1) Where a deputy minister assigns a public servant to participate in a staff development program, (a) that is conducted by a ministry or by the Commission; and (b) that, in the opinion of the deputy minister, will provide the public servant with skills or knowledge of value to the public service, the assignment shall be in accordance with subsections (3) and (4).  R.R.O. 1990, Reg. 977, s. 18 (1). (2) Where a deputy minister assigns a civil servant to participate in a staff development program, (a) that is not conducted by a ministry or by the Commission; and (b) that, in the opinion of the deputy minister, will provide the civil servant with skills or knowledge essential to the performance of his or her duties, the assignment shall be in accordance with subsections (3) and (4).  R.R.O. 1990, Reg. 977, s. 18 (2). (3) The deputy minister shall authorize payment by the ministry of an amount equal to the tuition fees and all or part of any expenses that may be specified by the deputy minister in connection with the participation of the civil servant or public servant in the program.  R.R.O. 1990, Reg. 977, s. 18 (3). (4) The deputy minister shall make the assignment subject to, and shall ensure that the civil servant or public servant is aware that the assignment is subject to, the following conditions: 1. The civil servant or public servant shall submit regular personal attendance reports. 2. The civil servant or public servant shall not accept a bursary or scholarship in respect of the program. 3. The civil servant or public servant shall not enter into any other employment that will interfere with his or her participation in the program or that will result in a contravention of subsection 15 (1). 4. No overtime will be credited or paid for in respect of participation in or the completion of work related to participation in the program.  R.R.O. 1990, Reg. 977, s. 18 (4). (5) Revoked:  O. Reg. 1/04, s. 9.
19. (1) Where a civil servant participates in a staff development program not conducted by a ministry or by the Commission, that requires not more than six weeks absence from employment and that, in the opinion of the deputy minister of the ministry in which the civil servant is employed, will provide the civil servant with skills or knowledge of value to the ministry although not essential to the performance of the duties of the civil servant, and where at least half of the absence is charged to the accumulated vacation or overtime credits of the civil servant, the deputy minister may grant leave of absence with pay for the remainder of the absence.  R.R.O. 1990, Reg. 977, s. 19 (1). (2) Where a civil servant participates in a staff development program in respect of which leave of absence with pay is granted in accordance with subsection (1), the deputy minister may authorize payment by the ministry of an amount equal to all or part of the tuition fees and all or part of any other expenses specified by the deputy minister in connection with the participation of the civil servant in the program.  R.R.O. 1990, Reg. 977, s. 19 (2).