43.01

For the purposes of this Article, “Information & Information Technology” is defined as any activity which involves the investigation, analysis, planning, acquisition, design, development, implementation, operation and maintenance of information technology, the management of information including the security of that information and/or the automation of business processes.

43.02

For purposes of this Article, a “non-public servant” is:

i. a person who has not been appointed by the Public Service Commission; and

ii. who is engaged to perform work related to Information & Information Technology.

43.03

Persons employed or engaged by a supplier of I and IT equipment, hardware or software who are performing work in relation to the installation, maintenance and support of that equipment, hardware or software shall not be considered “non-public servants” for the purposes of this Article. There shall be no restrictions regarding their use, and they shall not otherwise be covered by the terms of this Article, nor the reporting requirements in Article 43.06.

43.04

The use of a non-public servant to perform bargaining unit work does not constitute a violation of the Collective Agreement.

43.05

Non-public servants, while in the workplace, shall not perform duties normally performed by employees in the bargaining unit if it directly results in the lay-off of a bargaining unit employee.

43.06

Every six (6) months, the Employer will provide the Association with a report including the following data relating to all non-public servants as defined in Article 43.02 who perform the OPPA bargaining unit work requiring regular attendance at one or more sites controlled by the Employer:

i. The name of the non-public servant;

ii. The workplace regularly attended by the non-public servant;

iii. The role and level for which the non-public servant is engaged;

iv. The start date of the engagement of the non-public servant;

v. The end date or anticipated end date of engagement of the non-public servant; and

vi. The number of days worked during the reporting period.

43.07

At the time of providing the report, and for the period of the report, the Employer shall pay to the Association a payment for each day of work performed by the non-public servant performing OPPA bargaining unit work identified in the report. The formula for such payment shall be as follows: 1.4% of the daily average wage of the maximum rate for the System Officer series multiplied by the number of days worked set out in Article 43.06 (vi). It is understood that the above-noted non-public servants are not represented by the Association.

43.08

The Employer will require basic or enhanced security screening checks for the above noted non-public servants.

42.01

For the purposes of this Article, the Broader Public Sector consists of any Government or other public entity.

42.02

While in the workplace, secondees from the Broader Public Sector shall not perform duties normally performed by employees in the bargaining unit if it directly results in the lay-off of a bargaining unit employee.

42.03

The Employer’s use of secondees from the Broader Public Sector to perform bargaining unit work does not constitute a violation of the Collective Agreement provided that, unless the parties otherwise agree, the Broader Public Sector secondee is not seconded for a period of greater than three (3) years.

42.04

The Employer shall provide the Association every six (6) months with a data file on secondees who perform OPPA bargaining unit work, which shall include the following information fields: Ministry work location; secondee name; start date; institution seconded from; and anticipated termination date.

42.05

The Employer will require basic or enhanced security screening checks from the above noted secondees.

42.06

It is understood that the above noted secondees are not represented by the Association.

41.01

Subject to the other provisions of this Article:

(a) an employee charged with but found not guilty of a criminal or other federal offence, because of acts done in good faith in the performance of their duties as an employee, shall be indemnified for the necessary and reasonable legal costs incurred in the defence of such charges;

(b) an employee charged with but found not guilty of a provincial offence, because of acts done in good faith in the performance of their duties as an employee, shall be indemnified for up to five-thousand dollars ($5,000) of the necessary and reasonable legal costs incurred in the defence of such charges;

(c) an employee who has been designated as a witness in an investigation undertaken by the Special Investigations Unit (SIU) shall be indemnified for the necessary and reasonable legal costs incurred during the initial, on-site investigation by the SIU. Where more than one employee has been designated as a witness with respect to an SIU investigation, necessary and reasonable legal costs will be indemnified for one counsel collectively for all witness employees;

(d) where an employee is named a respondent/defendant in a proceeding at the Ontario Human Rights Tribunal or in any other civil action for damages arising out of acts done in good faith in the performance of their duties, and a government lawyer (or in the case of an insured claim, counsel retained by the insurer) determines they are unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action, if the employee is not found to be liable. Any legal costs which are recovered by the employee in the action shall be deducted from the reimbursement; and

(e) where an employee’s conduct has been called into question in the course of a Public Inquiry or a Coroner’s Inquest and the employee was acting in good faith in the performance of their duties and counsel acting on behalf of the Employer determines they are unable to act for the employee, the employee shall be indemnified for the necessary and reasonable legal costs incurred in defending the action.

(f) Employees shall be entitled to legal indemnification under this article with respect to matters relating to the Mandatory Blood Testing Act, 2006 as set out in Police Orders.

41.02

Employees shall not be indemnified for legal costs arising from:

(a) grievances or complaints under the Collective Agreement between the Employer and the Association or under the Public Service of Ontario Act, 2006;

(b) the actions or omissions of employees acting in their capacity as private citizens; or

(c) investigations and complaints under the Respectful Workplace Policy.

41.03

For the purposes of 41.01(a) and 41.01(b), an employee:

(a) shall be deemed to have been found not guilty where: they are finally acquitted; the charges are withdrawn; or they are discharged following a preliminary inquiry; and

(b) shall be deemed to have been found guilty where: they are given an absolute or conditional discharge; or they subsequently are found guilty of or pleads guilty to other charges arising out of the same incident(s).

41.04

(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Assistant Deputy Minister, as applicable, as soon as the employee is aware of a legal proceeding in which they require legal representation.

(b) Legal costs incurred prior to approval for legal indemnification will only be reimbursed where the Employer is satisfied that it was not possible in the circumstances for the employee to obtain prior approval and that the application for approval was made at the earliest opportunity.

(c) The employee shall enter into a written retainer agreement with counsel retained by the employee. The form and substance of the retainer, including the terms and conditions of the agreement, shall be subject to the approval of the Employer.

(d) For the purposes of this Article, “legal costs” shall be the actual costs disclosed on the accounts rendered by the legal counsel performing the work.

(e) Any account submitted by counsel retained by the employee is subject to the review and approval of the Employer. In the event the Employer does not approve the actual costs disclosed on the account, the employee may have the account assessed on a solicitor and client basis by a court assessment officer. The Employer will reimburse the employee for the fee charged to the employee for filing a request for an assessment with a court assessment officer.

41.05

For the purposes of this Article:

(a) The legal costs shall be deemed to have been incurred by the employee notwithstanding that the employee may have received financial assistance from the Association in respect thereof or that the Association paid or incurred the expenses directly; and

(b) “Employees” shall include a former employee or their estate where the charge and/or action arose out of a situation that occurred while the former employee was still an active employee of the Ontario Provincial Police or the Ontario Police College.

41.06

Any disputes regarding the granting of legal indemnification shall be resolved by way of grievance under Article 4 (Grievance Procedure) subject to the following:

(a) Any finding of guilt in a statutory offence proceeding, or

(b) any finding of liability in a civil action for damages

shall be determinative of the issue of guilt or liability for the purpose of any grievance proceeding in relation to this Article.

41.07

For the purposes of this Article, a reference to an Act shall be deemed to include any Act that in the future is enacted in place of the Act referred to in this Article.

40.01

Service pay shall be granted to an employee for each five (5) year period of continuous service.

40.02

Effective January 1, 2009, an employee shall be paid an allowance of fifteen dollars ($15.00) a month for each five (5) years of continuous service to which the employee is entitled.

40.03

Payment of such allowance shall be made to an employee prior to, or not later than, the 15th day of December in each calendar year.

39.01.01

Where an employee is assigned temporarily to perform the duties of a position in a classification with a higher salary maximum for a period in excess of five (5) consecutive working days, they shall be paid as if assigned to the first salary level of the higher classification from the day they commenced to perform the duties of the higher classification, provided that where such a change results in an increase of less than three percent (3%), they shall receive the next higher salary rate again.

39.01.02

Acting pay shall not exceed the maximum of the salary range of the higher classification except where permitted by salary note.

39.02

When an employee is temporarily assigned to the duties and responsibilities of a position in a classification with a lower salary maximum where there is not work reasonably available for them in the position from which they were assigned, they shall be paid the lower applicable classification rate to which they were assigned, after the expiration of ten (10) consecutive working days in such lower classification.

39.03

Where an employee requests or competes for a temporary assignment to a position in a classification with a lower salary maximum, they shall be paid the lower classification rate immediately upon commencement of the duties of the temporary assignment.

39.04

When an employee is temporarily assigned to the duties and responsibilities of a position in a classification with a lower maximum salary where there is work reasonably available for them in the position from which they were assigned, they shall continue to be paid at the rate applicable to the classification from which they were assigned.

39.05

This Article shall not apply to temporary assignments where an employee is temporarily assigned to perform the duties and responsibilities of another employee who is on vacation.

39.06

An employee who has performed the full duties of such designated position in an acting capacity for a period of at least twelve (12) months, shall receive one (1) month’s notice before being reverted to the former position, and failing such notice, the acting salary will be continued for one month after the employee reverts to the former position.

39.07

Article 39.06 shall not apply in cases where the employee:

(a) has requested to be reverted back to their former position; or

(b) is being reverted for reasons of performance or culpable conduct.

39.08

Where an employee is temporarily assigned to a position in another bargaining unit for a period of more than thirty (30) days, they will on the thirty-first (31st) day commence paying dues and be governed by the terms of the Collective Agreement of the position to which they had been assigned except that pensions, insured benefits entitlements, and entitlements under Article 29 (Surplus Entitlements) will continue to be governed by the rules applicable to the employee’s position in the OPPA civilian bargaining unit.

39.09

(a) When an employee is temporarily assigned to a non-bargaining unit position for a period of thirty (30) days or less, they shall continue to pay dues to the Association for the term of the temporary assignment and will continue to be covered by this Collective Agreement.

(b) When an employee is temporarily assigned to a non-bargaining unit position for a period of more than thirty (30) days, they shall continue to pay dues to the Association and be covered by this Collective Agreement for the first thirty (30) days of the temporary assignment. On the thirty-first (31st) day of the temporary assignment, they shall cease paying dues to the Association and this Collective Agreement will cease to apply with the exception of pensions and insured benefit entitlements.

39.10

Where a vacancy is filled through a competitive process pursuant to Article 38 on a temporary basis and the incumbent has filled the position for at least eighteen (18) months, the Employer may assign them to the position on a permanent basis provided that the position has cleared surplus and Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply.

39.11

In no case shall any provision of this Collective Agreement with respect to the filling of, assignment or appointment to, a vacancy apply to temporary assignments, except as provided under Article 39.

38.01

When a vacancy occurs in the Regular service for a bargaining unit position or a new regular position in that part of the public service is created in the bargaining unit, it shall be advertised for at least ten (10) working days prior to the established closing date. Where practicable, notices of vacancies shall be posted either electronically or on bulletin boards and, upon request, shall be provided in large-sized print or Braille where the posting location has the capacity to do so.

38.02

Notwithstanding Article 38.01 above, the Employer may hire qualified candidates who previously applied for a similar vacancy or new position in the same classification at the worksite from which the vacancy originates provided that a competition was held during the previous twelve (12) months. The Employer may utilize this provision to fill a vacancy or vacancies at the worksite(s) from which the vacancy or vacancies originate, regardless of the worksite of the applicant. The Employer in these circumstances is not required to post or advertise the vacancy or new position. The Employer will notify the Association prior to Article 38.02 being invoked.

38.03

Where the employee’s position is being changed either from full-time to regular part-time or vice versa, with the employee’s consent, the Employer may assign them to the position on a permanent basis and Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply. Where the employee does not consent, the employee will be given surplus entitlements under Article 29 (Surplus Entitlements) in this Collective Agreement.

38.04

Where there is a known and documented, scarcity of a set of qualifications for a position the provisions of Article 38 (Posting and Filling of Vacancies or New Positions) shall not apply. The Employer shall consult with the Association prior to Article 38.04 being invoked.

38.05

The notice of vacancy shall state, where applicable, the nature and title of position, salary, qualifications required, and the hours of work schedule as set out in Hours of Work schedule. Where a position is posted within the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006, the internal notice of vacancy shall also state the work location where the position currently exists, that the position is represented by the Association and the particular bargaining unit which contains the position.

38.06

In filling a vacancy, the Employer shall give primary consideration to qualifications and ability to perform the required duties.

(a) Where the qualifications and ability are relatively equal between an OPPA civilian bargaining unit applicant and a non-OPPA civilian bargaining unit applicant, preference will be given to the OPPA civilian bargaining unit applicant.

(b) Where the qualifications and ability are relatively equal among internal candidates, seniority shall be the deciding factor.

38.07

An applicant who is invited to attend an interview within the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006, shall be granted time off with no loss of pay and with no loss of credits to attend the interview, provided that the time off does not unduly interfere with operating requirements.

38.08

Relocation expenses shall be paid in accordance with the provisions of the Relocation Expenses Directive.

Notwithstanding that a position is advertised with a restricted area of search, any employee who resides outside the identified area of search may apply for the position. If they apply, they will be deemed to have waived entitlement to any relocation or travel expenses (pursuant to Article 38.08) as a condition of gaining access to the competition process. For greater certainty, no claim can be made for any expenses incurred during the competition process or arising from the decision to hire the employee into the position. It is understood that the Employer does not have discretion to grant any entitlement that has been waived pursuant to this provision.

38.09

i) With the agreement of the Association, the employee and the Employer, an employee may be assigned to a vacancy of an identical position, including a position with different hours of work, and the provisions of Articles 38.01 to 38.08 inclusive shall not apply. For clarity, a full-time regular employee may be assigned to an identical regular part-time position.

ii) Article 38.01 to 38.08 inclusive shall not apply to the transfer of an employee to a vacancy where:

a. The employee requests the transfer,

b. The vacancy is substantially similar to the employee’s current position,

c. The vacancy is within the same salary range as the employee’s current position,

d. The Employer deems the employee to be working level qualified, and

e. The employee, Employer and the Association agree to transfer.

Where agreement cannot be reached, the request for transfer is deemed withdrawn.

iii) Effective May 6, 2019, Article 38.01 to 38.08 inclusive shall not apply to the transfer of an employee to a vacancy where:

a. The employee requests the transfer,

b. The vacancy is similar to the employee’s current position,

c. The vacancy is at a lower salary range than the employee’s current position, as described in the salary schedule,

d. The Employer deems the employee to be working level qualified, and

e. The employee, Employer and the Association agree to the transfer.

Where agreement is reached, an employee who transfers to a position with a lower salary range as described in the salary schedule, shall be paid at the rate of pay closest to but less than the rate of pay they were receiving at the time of transfer, effective from the date of their transfer to the position with a lower salary range and shall be entitled to any applicable increase to the rate of pay for the lower salary range position in accordance with the Collective Agreement. For clarity, should an employee transfer to a position with a lower salary range in accordance with the provisions of this clause, the employee’s rate of pay shall not exceed the maximum rate of pay for the lower salary position into which the employee is transferring as described in the Collective Agreement.

Where agreement cannot be reached, the request for transfer is deemed withdrawn.

38.10

The assignment of an employee to a vacancy in accordance with Article 5 (Pay Administration), Article 13.07 (Special/Compassionate Leave), Article13.05 (Pregnancy Leave) and Article 13.06 (Parental Leave) shall have priority over any assignment.

38.11

Where the duties of a position are modified to accommodate an employee with a disability, the position shall not be considered a vacancy for the purposes of this Article.

37.01

It is understood that the right of the Employer to discipline or dismiss employees shall be for just cause. The Employer’s right to discipline or dismiss is subject to the right of the employee to grieve such action.

36.01

Where the Employer determines that a letter of reprimand, disciplinary suspension or dismissal may be appropriate regarding the conduct of an employee, the employee shall be notified in writing of a time and date for a meeting with the selected designee of the Employer.

36.02

The employee shall have the option of being accompanied by an Association representative if the employee so requests. The Association representative must be available in a reasonable time to attend the meeting.

36.03

If the employee opts to have an Association representative present, the time spent in such a meeting shall be with no loss of pay for the Association representative provided the representative is on duty at the time of the meeting. The time spent in such a meeting shall be with pay for the employee.

35.01

An employee who is stationed at one of the following work locations shall receive isolation pay in accordance with the following chart:

35.02

For purposes of this Article, “work location” is defined as the address of the working place at which the employee is normally stationed or, in certain special cases, another location designated as headquarters by the Commissioner or the Commissioner’s designee.

34.01

An employee’s length of continuous service will accumulate upon completion of a probationary period of not more than one (1) year and shall commence:

(a) from the date of appointment to the Regular Service for those employees with no prior service in the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006; or

(b) from the date established by adding the actual number of full-time weeks worked by a full-time Fixed-Term employee during their full-time employment back to the first break in employment which is greater than thirteen (13) weeks; or

(c) for a regular part-time employee, from January 1, 1984 or from the date on which they commenced a period of unbroken, part-time employment in the part of the public service composed of employees appointed under Part III of Public Service of Ontario Act, 2006, immediately prior to appointment to a regular part-time position in the Regular service, whichever is later.

“Unbroken service” is that which is not interrupted by separation from the part of the public service appointed under Part III of the Public Service of Ontario Act, 2006; “full-time” is continuous employment as set out in the Schedules contained in Article 6.01.01 (Hours of Work and Overtime); and “part-time” is continuous employment in accordance with the hours of work specified in Article RPT4.1 (Hours of Work and Overtime).

Any leaves of absence granted for an employee under Article FXT11 (Pregnancy and Parental Leave) shall be included in the calculation of length of continuous service.

34.02

Notwithstanding Article 34.01, where a regular part-time employee, becomes a full-time Regular employee, any service as a regular part-time employee which forms part of their unbroken service in the Regular service shall be calculated according to the following formula:

Weekly Hours of Work as a Regular Part-time employee × Years of Continuous Service as a Part-time Regular employee ÷ Full-time hours of work for class (weekly)

Changes in the employee’s weekly hours of work shall be taken into account.

Example:

Weekly hours of work as a regular part-time employee = 6 years at 20 hours per week, and 2.5 years at 16 hours per week

Full-time hours of work for class (weekly) = 40 (Schedule 4)

Seniority (Length of Continuous Service) on becoming a full-time regular employee =

(20 × 6 years) ÷ 40 + (16 × 2.5 years) ÷ 40 = 3 years + 1 year = 4 years

34.03

Where an employee has been released in accordance with Article 29 (Surplus Entitlements) and rehired within two (2) years, the period of absence shall not be computed in determining the length of continuous service. The employee’s continuous service date for all purposes except Article 31 (Termination Payment) shall be deemed to include both service up to the last day of active work and the accumulation of service after the date of re-appointment. The new service date for purposes of Article 31 (Termination Payment) shall be the date on which the employee recommences work.

34.04

Continuous service shall be deemed to have terminated if:

(a) an employee resigns or retires; or

(b) an employee is dismissed unless such dismissal is reversed through the grievance procedure; or

(c) an employee is absent without leave in excess of ten (10) consecutive working days; or

(d) an employee is released in accordance with Article 31 (Termination Payment) and remains released for more than two (2) years.

34.05

An OPPA Civilian bargaining unit seniority list including employees’ names, social insurance number, date of continuous service, classification and location shall be maintained and provided to the Association twice annually.