Public Service Statute Law Amendment Act, 2001 Tsubouchi, Hon. David H. Chair of the Management Board of Cabinet — Bill 25 (37th Parliament, 2nd Session)

Bill 25, 37-2

Ontario — Bills

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Bill 25, Public Service Statute Law Amendment Act, 2001

Tsubouchi, Hon. David H. Chair of the Management Board of Cabinet

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[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

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section 85, is repealed and the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.

Section 23 of the Act is repealed and the following

substituted:

Delegation of powers, deputy minister

(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.

Section 24 of the Act is repealed and the following

substituted:

Delegation of powers and functions, Commission

(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.

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

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

. . . . .

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.

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 As

Document details

Collection	Ontario — Bills
Citation	Bill 25, 37-2
Type	bill
Volume / chapter	p37 s2 bill 25 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	65fb0b325226c5a33355b26864c6505605ae7833

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