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ontario regulation 116/20

made under the

Emergency Management and Civil Protection Act

Made: April 1, 2020 (5:00 pm)

Filed: April 1, 2020

Published on e-Laws: April 2 2020

Printed in The Ontario Gazette: April 18, 2020





Order under subsection 7.0.2 (4) of the Act - Work deployment measures for boards of health

Whereas an emergency was declared pursuant to Order in Council 518/2020 (Ontario Regulation 50/20) on March 17, 2020 at 7:30 a.m. Toronto time pursuant to section 7.0.1 of the Emergency Management and Civil Protection Act (the “Act”) and has been extended pursuant to section 7.0.7 of the Act;

And Whereas the criteria set out in subsection 7.0.2 (2) of the Act have been satisfied;

Now Therefore, this Order is made pursuant to subsection 7.0.2 (4) of the Act, in particular paragraphs 8, 9, 10, 12 and 14 of that subsection, the terms of which are set out in Schedule 1;

And Further, this Order applies generally throughout Ontario;

And Further, this Order shall be in effect for the duration of the declared emergency, subject to section 7.0.8 of the Act.

schedule 1





Application

1. This Order applies to every board of health within the meaning of the Health Protection and Promotion Act.

Work redeployment and staffing

2. Boards of health shall and are authorized to take, with respect to work deployment and staffing, any reasonably necessary measure to respond to, prevent and alleviate the outbreak of the coronavirus (COVID-19) (the “Virus”).

Measures

3. Without limiting the generality of section 2, and despite any other statute, regulation, order, policy, arrangement or agreement, including a collective agreement, boards of health shall and are authorized to do the following:

1. Identify staffing priorities and develop, modify and implement redeployment plans, including the following:

i. Redeploying staff within different locations in (or between) facilities of the board of health.

ii. Changing the assignment of work, including assigning non-bargaining unit employees or contractors to perform bargaining unit work.

iii. Changing the scheduling of work or shift assignments.

iv. Deferring or cancelling vacations, absences or other leaves, regardless of whether such vacations, absences or leaves are established by statute, regulation, agreement or otherwise.

v. Employing extra part-time or temporary staff or contractors, including for the purposes of performing bargaining unit work.

vi. Using volunteers to perform work, including to perform bargaining unit work.

vii. Providing appropriate training or education as needed to staff and volunteers to achieve the purposes of a redeployment plan.

2. Conduct any skills and experience inventories of staff to identify possible alternative roles in priority areas.

3. Require and collect information from staff, contractors or volunteers about their availability to provide services for the board of health.

4. Require and collect information from staff, contractors or volunteers about their likely or actual exposure to the Virus, or about any other health conditions that may affect their ability to provide services.

5. Cancel or postpone services that are not related to responding to, preventing or alleviating the outbreak of the Virus or services that are not deemed to be critical by a board of health’s business continuity or pandemic plans.

6. Suspend, for the duration of this Order, any grievance process with respect to any matter referred to in this Order.

Redeployment plans

4. For greater certainty, a board of health may implement redeployment plans without complying with provisions of a collective agreement, including lay-off, seniority/service or bumping provisions.

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