GENERAL, R.R.O. 1990, Reg. 977

• Jurisdiction: Ontario

Public Service of Ontario Act, 2006
Loi de 2006 sur la fonction publique de l’Ontario

R.R.O. 1990, REGULATION 977

formerly under Public Service Act

GENERAL

Note: This Regulation was revoked on December 20, 2007. See: O. Reg. 577/07, ss. 1, 2.

Last amendment: O. Reg. 577/07.

This Regulation is made in English only.

Interpretation

1. (1) In this Regulation,

“full employment” means employment for the number of hours of work per week prescribed for a classification by subsection 9 (1);

“full-time employee” means an employee who is appointed to full employment and “full-time position” has a corresponding meaning;

“Management Compensation Plan” or “MCP” means the classifications of positions of persons employed by the Crown in managerial, administrative, professional, technical, clerical, operational or confidential capacities other than the classifications of positions of persons in,

(a) units of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993,

(b) the deputy minister class, and

(c) the Senior Management Group;

“part-time employee” means an employee who is appointed to a position designated under subsection 9 (3) as a position whose duties require fewer hours of work per week than are prescribed by subsection 9 (1);

“pay” or “salary” means remuneration in respect of regularly scheduled hours of work but does not include any amount paid that is,

(a) a cash payment for a benefit,

(b) a premium payment, or

(c) a lump sum payment for a special assignment;

“regularly scheduled hours of work”, in the case of a full-time employee, means the hours of work per week prescribed for a classification by subsection 9 (1) and, in the case of a part-time employee to whom clause 9 (4) (a) applies, means the hours or, in the case of a part-time employee to whom clause 9 (4) (b) applies, means the number of full days in four consecutive weeks specified for the position;

“Senior Management Group” or “SMG” means the classes, other than the deputy minister class, of positions of persons employed by the Crown in senior management capacities and classified as positions within the Senior Management Group on or after January 1, 1991;

“spouse” means,

(a) a spouse as defined in section 1 of the Family Law Act, or

(b) either of two persons who live together in a conjugal relationship outside marriage;

“term classified employee” means a person appointed to the term classified service under subsection 7.1 (1) of the Act. R.R.O. 1990, Reg. 977, s. 1 (1); O. Reg. 71/00, s. 1; O. Reg. 40/02, s. 1; O. Reg. 1/04, s. 1; O. Reg. 280/04, s. 1; O. Reg. 345/05, s. 1.

(2) For the purposes of subsection (1),

“cash payment for a benefit” includes any payment made on termination of employment under sections 79 to 86;

“premium payment” includes any payment for overtime, travel time, shift premiums and management responsibility supplements. R.R.O. 1990, Reg. 977, s. 1 (2); O. Reg. 75/06, s. 1.

(3) Despite the definition of “part-time employee”,

(a) a civil servant who immediately before the coming into force of this subsection was working fewer hours per week than are prescribed by subsection 9 (1) and who was receiving benefits as if the civil servant was a full-time employee shall be deemed, for the purposes of this Regulation, to continue as a full-time employee so long as the civil servant occupies the same position; and

(b) a civil servant who occupies a position that by subsection 9 (1) is prescribed as being a position that requires more than 36¼ hours of work per week shall be deemed, for the purposes of this Regulation, to be a full-time employee if the civil servant normally works at least 36¼ hours per week. R.R.O. 1990, Reg. 977, s. 1 (3).

(4) Where a part-time employee has different hours of work, or days, prescribed as being the normal work week for different weeks, the regularly scheduled hours of work of the employee shall be the average number of such hours, or days, per week in four consecutive weeks. R.R.O. 1990, Reg. 977, s. 1 (4).

PART I
APPOINTMENTS AND ASSIGNMENTS

New Appointments

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...