Transfer of employees
32.6(1)In this section, a reference to a member of the Ontario Provincial Police includes civilian staff employed to support the Ontario Provincial Police. Same (2)Every person who is a member of a police force of the City of Gloucester, the City of Nepean or the City of Ottawa on July 1, 1994 and continues to be so employed on December 31, 1994 shall, on January 1, 1995, become a member of the regional police force. Priority where takeover (3)If the regional police force takes over the policing of any area from the Ontario Provincial Police, the police board shall, in accordance with the regulations, give priority in hiring for a period of one year following the date of the takeover to every person who on the day before the takeover was a member of the Ontario Provincial Police and whose duties primarily related to that area. Same (4)If the Ontario Provincial Police takes over the policing of any area from the regional police force, the Ontario Provincial Police shall, in accordance with the regulations, give priority in hiring for a period of one year following the date of the takeover to every person who on the day before the takeover was a member of the regional police force and whose duties primarily related to that area. Proviso (5)Nothing in subsection (3) or (4) requires the regional police force or Ontario Provincial Police to hire persons during the one-year period following a takeover. Arbitrator (6)If a dispute arises as to whether a person meets the requirements set out in subsection (3) or (4), any affected party may apply to the Ontario Civilian Commission on Police Services to hold a hearing and decide the matter. Decision final (7)The decision of the Commission is final. Terms (8)A person who becomes a member of the regional police force or the Ontario Provincial Police under subsection (2), (3) or (4) shall, (a) receive a salary or wage at a rate not less than that the person was receiving on the day six months before he or she ceased to be a member of a police force of an area municipality, regional municipality or the Ontario Provincial Police, as the case may be; and (b) be credited with the same seniority that they had on the day they ceased to be a member of a police force of an area municipality, regional municipality or the Ontario Provincial Police, as the case may be. Proviso (9)Nothing in subsection (8) restricts the use of any power under the Police Services Act or the Public Service Act. Regulation (10)Despite any Act, the Lieutenant Governor in Council may by regulation, (a) provide for the security of employment, the protection of benefits including seniority and pensions and early retirement options for members and retired members of a police force of an area municipality, the regional police force and the Ontario Provincial Police, or any class thereof affected by the creation or dissolution of the regional police force or the expansion or reduction of the area to which the regional police force provides policing; (b) define “member” and “retired member”; (c) provide for all matters respecting priority in hiring under subsections (3) and (4), including establishing criteria based on any type of work, job classification, or on any other individual or class basis. Same (11)A regulation under subsection (10) may be retroactive. Arbitrator (12)If a dispute arises as to whether or not subsection (8) or a regulation made under subsection (10) is being properly applied in any particular case, any affected party may, by giving written notice to the other parties, refer the dispute to arbitration. Method of arbitration (13)Subsections 124 (3) to (8) of the Police Services Act apply with necessary modifications to the arbitration. Decision final (14)The decision of the arbitrator is final. Restriction (15)A regulation under subsection (10) shall not remove or decrease any right, benefit or entitlement accruing to members of a police force of an area municipality under an agreement in effect on December 31, 1994 entered into under Part VIII of the Police Services Act.  1994, c. 1, s. 5.