[37] Bill 25 Royal Assent (PDF)
Bill 25 2001
An Act to amend
the Public Service Act and
the Crown Employees Collective
Bargaining Act, 1993
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
PART I
PUBLIC SERVICE ACT
1. Section 1 of the Public Service Act, as amended by the Statutes of Ontario, 1993, chapter 19, section 1, is further amended by adding the following definition:
"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")
2. The Act is amended by adding the following section:
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.
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 or by the Lieutenant Governor in Council on the certificate of the Commission.
3. Subsection 8 (1) of the Act is amended by striking out "one year" and substituting "three years".
4. Subsection 22 (4.1) of the Act, as enacted by the Statutes of Ontario, 1995, chapter 1, section 85, is repealed and the following substituted:
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.
5. Section 23 of the Act is repealed and the following substituted:
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.
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.
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.
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.
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.
6. Section 24 of the Act is repealed and the following substituted:
Delegation of powers and functions, Commission
24. (1) The Commission may authorize a deputy minister to exercise and perform any of the powers or functions of the Commission in relation to the recruitment of qualified persons for the civil service, to their appointment under subsection 6 (2) or section 7.1 and to the evaluation and classification of positions in the classified service that are designated by the Commission.
Subdelegation
(2) A deputy minister who is authorized under subsection (1) to exercise and perform powers and functions of the Commission 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.
7. Part II of the Act is amended by adding the following heading immediately before section 26:
Collective Bargaining
8. (1) Subsection 26 (1) of the Act, as amended by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 6, is further amended by striking out "In this section" at the beginning and substituting "In this section and in sections 26.1 to 27".
(2) The definition of "Association" in subsection 26 (1) of the Act is repealed and the following substituted:
"Association" means an association which is not affiliated directly or indirectly with a trade union or with any organization that is affiliated directly or indirectly with a trade union and which represents a majority of the members of the Ontario Provincial Police Force and of other persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and described in paragraph 2 of subsection (2); ("association")
(3) The definition of "Solicitor General" in subsection 26 (1) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 6, is repealed and the following substituted:
"Solicitor General" means the Solicitor General or such other member of the Executive Council as may be designated by the Lieutenant Governor in Council. ("solliciteur général")
(4) Subsection 26 (2) of the Act is repealed and the following substituted:
Bargaining units
(2) This section and sections 26.1 to 27 apply to persons who are part of the following bargaining units:
1. The police officers' bargaining unit consisting of members of the Ontario Provincial Police Force who are cadets, probationary constables, constables, corporals, sergeants and staff sergeants including detective-sergeants, traffic sergeants and identification sergeants.
2. The civilian employees' bargaining unit which shall be established if the Association is certified under subsection 28.0.5 (1) as the exclusive bargaining agent for any of the three groups of public servants described in subsection 28.0.2 (1) and shall consist of persons who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who,
i. are not within a bargaining unit described in paragraph 1,
ii. are not within a bargaining unit established for collective bargaining purposes under the Crown Employees Collective Bargaining Act, 1993,
iii. are not a deputy commissioner of the Ontario Provincial Police, a commissioned officer or any other employee exercising managerial functions or employed in a confidential capacity in relation to labour relations,
iv. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, a minister or a deputy minister about employment-related legislation that directly affects the terms and conditions of employment of employees in the public sector as it is defined in subsection 1 (1) of the Pay Equity Act,
v. do not provide advice to Cabinet, a board or committee composed of ministers of the Crown, the Minister of Finance, the Chair of Management Board of Cabinet, a deputy minister in the Ministry of Finance or the Secretary of the Management Board of Cabinet on any matter within the powers or duties of the Treasury Board under section 6, 7, 8 or 9 of the Treasury Board Act, 1991, and
vi. do not have duties or responsibilities that, in the opinion of the Ontario Labour Relations Board, constitute a conflict of interest with their being members of this bargaining unit.
(5) Subsection 26 (3) of the Act is repealed and the following substituted:
Bargaining authority
(3) The Association is the exclusive bargaining agent authorized to represent the employees who are part of a bargaining unit referred to in subsection (2) in bargaining with the employer on terms and conditions of employment, except as to matters that are exclusively the function of the employer under subsection (4), and, without limiting the generality of the foregoing, including rates of remuneration, hours of work, overtime and other premium allowance for work performed, the mileage rate payable to an employee for miles travelled when the employee is required to use his or her own automobile on the employer's business, benefits pertaining to time not worked by employees, including paid holidays, paid vacations, group life insurance, health insurance and long-term income protection insurance, the procedures applicable to the processing of grievances, the methods of effecting promotions, demotions, transfers, lay-offs or reappointments and the conditions applicable to leaves of absence for other than any elective public office, political activities or training and development.
(6) Section 26 of the Act, as amended by the Statutes of Ontario, 1994, chapter 17, section 144 and 1997, chapter 21, Schedule A, section 6, is further amended by adding the following subsection:
Questions as to bargaining unit
(4.1) If, in the course of bargaining for a collective agreement or during the period of operation of a collective agreement, a question arises as to whether a public servant is a person described in subparagraphs 2 i to vi of subsection (2), the question may be referred to the Ontario Labour Relations Board and the decision of the Board thereon is final and conclusive for all purposes.
(7) Subsection 26 (9) of the Act is amended by striking out "or" at the end of clause (a) and by adding the following clause:
(a.1) the making of a first agreement; or
. . . . .
(8) Clause 26 (13) (a) of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 6, is repealed and the following substituted:
(a) concerning working conditions or terms of employment other than,
(i) a grievance to which the Police Services Act or the code of conduct contained in the regulations under that Act applies,
(ii) a grievance that relates to pensions for employees who are part of a bargaining unit referred to in subsection (2), or
(iii) a grievance that requires the creation of a new classification of employees referred to in subclause (ii), the alteration of an existing classification or a change to be made in the classification of any such employee; or
. . . . .
9. Section 26.2 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 6, is amended by adding the following subsection:
Limitations on powers of the board
(12) In making a decision under this section, an arbitration board shall not require the parties to include in a collective agreement a term that,
(a) requires the employer to guarantee an offer of a job for employees whose positions have been or may be eliminated or that otherwise compels the employer to continue to employ them;
(b) requires the creation of a new classification of employees, the alteration of an existing classification or a change to be made in the classification of an employee; or
(c) would require either directly or indirectly for its implementation the enactment or amendment of legislation, except for the purpose of appropriating money for its implementation.
10. Section 26.3 of the Act, as enacted by the Statutes of Ontario, 1997, chapter 21, Schedule A, section 6, is amended by striking out "No matter relating to pensions for members of the Association" at the beginning and substituting "No matter relating to pensions for employees who are part of a bargaining unit that is represented by the Association for collective bargaining purposes".
11. The Act is amended by adding the following section:
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.
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.
12. Part II of the Act is amended by adding the following sections:
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")
Application for certification
28.0.2 (1) The Association may, during the periods described in subsection (2), make the following applications to the Board:
1. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by AMAPCEO for collective bargaining purposes.
2. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by OPSEU for collective bargaining purposes.
3. An application for certification as the exclusive bargaining agent for the public servants who hold designated positions and who are represented by PEGO for collective bargaining purposes.
Time of application
(2) An application referred to in subsection (1) shall be made only during the following periods:
1. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by AMAPCEO, during the three months immediately preceding the expiry of the first collective agreement between the Crown in Right of Ontario and AMAPCEO to come into force after March 31, 2001.
2. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by OPSEU, during the three months immediately preceding the expiry of the collective agreement between the Crown in Right of Ontario and OPSEU that is in force on January 1, 2001.
3. In the case of an application for certification as the exclusive bargaining agent for public servants in designated positions within a bargaining unit that is represented by PEGO, during the three months immediately preceding the expiry of the first collective agreement between the Crown in Right of Ontario and PEGO to come into force after December 31, 2000.
Restriction
(3) The right of the Association to apply for certification under this section is subject to subsection 28.0.5 (3).
Withdrawal of application
(4) An application for certification may be withdrawn by the Association upon such conditions as the Board may determine.
Bar to reapply
(5) Subject to subsection (6), if the Association withdraws an application for certification as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection (1) before a representation vote is taken, the Board may refuse to consider another application for certification of the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.
Mandatory bar
(6) If the Association withdraws the application before a representation vote is taken, and the Association has withdrawn a previous application under this section, the Board shall not consider another application for certification by the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.
Same
(7) If the Association withdraws an application for certification as the exclusive bargaining agent for one of the three groups of public servants referred to in subsection (1) after a representation vote is taken, the Board shall not consider another application for certification of the Association as the exclusive bargaining agent of a group of public servants holding designated positions and represented by the same bargaining agent as the one identified in the original application.
Notice to employer
(8) The Association shall deliver a copy of the application for certification to the employer by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.
Description of persons to whom application relates
(9) The application for certification shall contain a written description of the group of public servants from among the three groups referred to in subsection (1) to which the application relates and shall include an estimate of the number of individuals in the group.
Evidence
(10) The application for certification shall be accompanied by a list of the names of Association members who are part of the group of public servants to whom the application relates and evidence of their status as Association members but the Association shall not give this information to the employer.
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.
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.
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).
No hearing
(4) The Board shall not hold a hearing when making a decision under subsection (1) or (2).
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
Same
(4) For greater certainty, subsection (3) does not apply with respect to a dismissal under paragraph 5 of subsection 28.0.4 (5).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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).
Bargaining unit deemed appropriate
(4) The bargaining unit established under subsection (2) shall be deemed to be appropriate for collective bargaining.
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.
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.
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.
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.
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.
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).
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.
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.
13. Subsection 28.3 (3) of the Act, as enacted by the Statutes of Ontario, 1993, chapter 38, section 63, is amended by adding the following paragraph:
5. Crown employees who hold a Crown Counsel 5 position except as otherwise prescribed by the regulations.
14. (1) Subsection 29 (1) of the Act, as amended by the Statutes of Ontario, 1993, chapter 38, section 63, 1995, chapter 1, section 85, 1997, chapter 21, Schedule A, section 6 and 2000, chapter 26, Schedule J, section 4, is further amended by adding the following clause:
(u) prescribing those Crown employees who hold a Crown Counsel 5 position who do not belong to the restricted category referred to in Part III;
(2) Section 29 of the Act, as amended by the Statutes of Ontario, 1993, chapter 38, section 63, 1995, chapter 1, section 85, 1997, chapter 21, Schedule A, section 6 and 2000, chapter 26, Schedule J, section 4, is further amended by adding the following subsections:
Subdelegation
(4) A regulation made under subsection (1) may authorize a person specified in the regulation to establish rules or requirements or to grant powers and impose duties relating to any matter mentioned in subsection (1) in such circumstances as are set out in the regulation.
Non-application of Regulations Act
(5) The Regulations Act does not apply with respect to a rule or requirement established under subsection (4) or with respect to a power granted or duty imposed under that subsection.
15. The Act is amended by adding the following sections:
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.
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 or facility designated under subsection 7 (1) of the Young Offenders Act (Canada) as a place of temporary detention,
(g) a place or facility designated as a place of secure custody or as a place of open custody under section 24.1 of the Young Offenders 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")
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.
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.
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.
Personal information
about public servants
34. (1) This section applies with respect to the disclosure, collection and use of personal information about public servants for the purpose of providing an integrated human resources program.
Disclosure, collection
and use for limited purpose
(2) Personal information about a public servant may be disclosed, collected and used under this section only to the extent necessary for the proper administration of an integrated human resources program.
Disclosure by public servant
(3) A public servant shall disclose personal information about a public servant to a person engaged in providing an integrated human resources program.
Disclosure to public servant
(4) A person engaged in providing an integrated human resources program shall disclose personal information about a public servant to a public servant.
Collection by public servant
(5) A public servant is authorized to collect, directly or indirectly, personal information about a public servant from a person engaged in providing an integrated human resources program.
Collection from public servant
(6) A person engaged in providing an integrated human resources program is authorized to collect, directly or indirectly, personal information about a public servant from a public servant.
Use by public servant
(7) A public servant may use personal information about a public servant disclosed by a person engaged in providing an integrated human resources program.
Use by program
(8) A person engaged in providing an integrated human resources program may use personal information about a public servant disclosed by a public servant.
Medical information excluded
(9) Section 34 of this Act does not authorize the use of personal information that is medical information from a qualified medical practitioner.
PART II
CROWN EMPLOYEES
COLLECTIVE BARGAINING
ACT, 1993
16. Paragraph 1 of subsection 1.1 (3) of the Crown Employees Collective Bargaining Act, 1993, as enacted by the Statutes of Ontario, 1995, chapter 1, section 13, is repealed and the following substituted:
1. Members of the Ontario Provincial Police and public servants who either are instructors at the Ontario Police College or who are under the supervision of the Commissioner of the Ontario Provincial Police or of the Chief Firearms Officer for Ontario and who are represented by the Ontario Provincial Police Association for purposes of collective bargaining.
17. (1) Subsection 7 (4) of the Act, as amended by the Statutes of Ontario, 1995, chapter 1, section 20, is repealed and the following substituted:
Restrictions on substituted penalties
(4) In substituting a penalty under subsection 48 (17) of the Labour Relations Act, 1995, the Grievance Settlement Board shall not provide 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.
(2) Subsection 7 (5) of the Act is amended by adding the following definition:
"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")
(3) The definition of "facility" in subsection 7 (5) of the Act is amended by striking out "or" at the end of clause (f), by adding "or" at the end of clause (g) and by adding the following clause:
(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);
18. The Act is amended by adding the following section:
Criminal conviction or discharge
considered conclusive evidence
48.1 (1) If a Crown employee 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 Grievance Settlement Board, proof of the employee's 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 by the Grievance Settlement Board as conclusive evidence that the employee committed the act or omission.
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 Grievance Settlement Board shall grant the adjournment.
Commencement
19. This Act comes into force on the day it receives Royal Assent.
Short title
20. The short title of this Act is the Public Service Statute Law Amendment Act, 2001.
