ONTARIO REGULATION 75/06

made under the

PUBLIC SERVICE ACT

Made: January 13, 2006
Approved: March 1, 2006
Filed: March 9, 2006
Published on e-Laws: March 13, 2006
Printed in The Ontario Gazette: March 25, 2006

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

(General)

Note: Regulation 977 has previously been amended. Those amendments are listed in the Table of Regulations – Legislative History Overview which can be found at www.e-Laws.gov.on.ca.

1.  The definition of “premium payment” in subsection 1 (2) of Regulation 977 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

“premium payment” includes any payment for overtime, travel time, shift premiums and management responsibility supplements.

2.  Section 10.20 of the Regulation is revoked and the following substituted:

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).

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

Made by:

Civil Service Commission:

Michelle DiEmanuele

Chair of Civil Service Commission

Kim Bellissimo

Secretary of Civil Service Commission

Date made: January 13, 2006.

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