36.01

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

36.02

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.

36.03

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.

36.04

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.

36.05

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

36.06

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

35.01

It is understood that the employer determines the community in which a uniformed employee serves and may require them to transfer to several different work locations in the province of Ontario during their employment.

In recognition of these unique operational considerations, a uniformed employee will be entitled to reimbursement of relocation expenses under the employer’s written Relocation Expenses Directive as long as:

(a) the new work location is at least forty (40) kilometres away from the old workplace; and

(b) the road distance between the new work location and new residence is at least forty (40) kilometres less than the road distance between the new place of employment and old residence.

34.01

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 subject officer in an investigation undertaken by the Special Investigations Unit shall be indemnified for the necessary and reasonable legal costs incurred in seeking advice and representation with respect to the investigation so long as the employee was acting in good faith in the performance of their duties. Where the employee is subsequently charged with a statutory offence the provisions of 34.01(a) or (b) shall apply, as applicable;

(d) 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;

(e) 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

(f) 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.

(g) 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.

34.02

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 grievances as defined under Article 4.00 (b);

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

(c) proceedings under Part XII of the Community Safety and Policing Act; or

(d) investigations and complaints under the Employer’s Respectful Workplace policy.

34.03

For the purposes of 34.01(a) and (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 are subsequently is found guilty of or pleads guilty to other charges arising out of the same incident(s).

34.04

(a) Applications for approval for legal indemnification shall be made in writing to the Commissioner or Commissioner’s designee, 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.

34.05

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.

34.06

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, or

(c) any finding of misconduct or unsatisfactory work performance in a proceeding under Part XII of the Community Safety and Policing Act shall be determinative of the issue of guilt, liability, misconduct or unsatisfactory work performance for the purpose of any grievance proceeding in relation to this Article.

34.07

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.

33.01

It is the intent of the Employer to provide incentives to Employees of the OPP in order to attract and retain qualified personnel to locations designated as “duration postings”. All such incentives are contained within this Article. Duration Postings occur when an employee is assigned to a community as listed in Article 33.08. Duration Postings do not occur when an employee is assigned to serve a short-term rotation of four (4) weeks or less in a community listed in Article 33.08.

33.02

a) Attraction Incentive – Up to October 15, 2024

Employees assigned to a duration posting with a term of two (2) years will qualify for a $30,000 payment. Employees assigned to a Duration Posting with a Term of Three years will qualify for a $25,000 payment. Employees assigned to a Duration Posting with a Term of Four years will qualify for a $15,000 payment. Employees assigned to a Duration Posting with a Term of Five years will qualify for a $10,000 payment. Employees assigned to a Duration Posting with a Term of Six years will qualify for an $8,000 payment. In order to receive this payment in all cases, the employee must report for duty at the respective Duration Posting and live in the community. This payment will be paid out in equal amounts on an annual basis over the course of their first term in the duration location.

b) Attraction Incentive – Effective October 16, 2024

Employees assigned to a duration posting with a Term of Two (2) years will qualify for a $40,000 payment. Employees assigned to a Duration Posting with a Term of Three years will qualify for a $32,500 payment. Employees assigned to a Duration Posting with a Term of Four years will qualify for a $20,000 payment. Employees assigned to a Duration Posting with a Term of Five years will qualify for a $10,000 payment. In order to receive this payment in all cases, the employee must report for duty at the respective Duration Posting and live in the community. This payment will be paid out in equal amounts on an annual basis over the course of their first term in the duration location, as set out here:

For clarity, the implementation of the changes in this article 32.02 are not retroactive but shall be applied on a pro-rated basis to any Duration Postings effective October 16, 2024.

New recruits hired on or after January 1, 2009, whose first assignment is to a Duration Posting, will also receive a one-time payment of two- thousand dollars ($2000) to, in part, offset travel expenses. This payment will be paid at the beginning of the Duration Term.

33.03

a) Renewal Incentive Up to October 15, 2024

Where an employee completes their first duration posting and signs up for a subsequent term at the same duration posting length, the employee will qualify for a Renewal Incentive as follows, based on their duration posting length:

b) Renewal Incentive Effective October 16, 2024

Where an employee completes their first duration posting and signs up for a subsequent term at the same duration posting length, the employee will qualify for a Renewal Incentive, as follows:

For clarity, the implementation of the changes in this article 33.03 are not retroactive but shall be applied on a pro-rated basis to any Duration Postings effective October 16, 2024.

33.03.01

Pro-Rated Renewal Incentive – Employees who are due to become duration complete may renew at the same Duration Posting for any period in full-year increments to a maximum of one (1) year less than the full Duration Posting Length. Such employees shall receive an incentive payment of $15,000 pro-rated by the full Duration Posting length. That prorated amount shall be paid out each year of their subsequent Duration Posting term. Employees who wish to renew must provide a minimum of three months written notice and must identify the length of the renewal at that time.

33.03.02

A duration complete employee who chooses to transfer out of a Duration Posting will be automatically entitled to the Pro-Rated Renewal Incentive until they are transferred or until they apply for another option in accordance with the Northern Incentive Compensation Enhancement (NICE) program. For clarity, in the event a member later re-signs for a subsequent duration term at the current duration location, Article 33.06.05 shall apply. For further clarity, duration complete employees who wish to transfer from their duration location shall still be required to submit their area(s) of preference once they are ready to transfer.

Employees may make their request to transfer at any time commencing six (6) months prior to their Duration complete date.

33.03.03

Employees who are duration complete may sign up for a subsequent term at the same Duration Posting location and be entitled to apply for the Renewal Incentive pursuant to this article regardless of any change in position or rank during the initial term, or a subsequent term.

33.04

Employees assigned to Duration Postings may, at any time, apply for, be assigned to, or be promoted into positions within the same Duration Posting location without any impact on the calculation of the length of time served, or to be served. Notwithstanding the foregoing, employees who accept a promotion during the term of their Duration Posting shall not be eligible for transfer until the later of:

(a) the date the employee is Duration complete; or

(b) the date the employee has completed 18 months of continuous service in the promotion position.

For clarity, members who accept a promotion in a Duration Posting will not be considered for lateral transfer until six (6) months prior to the later of the dates set out in a) and b) above.

33.04.01

Employees assigned to Duration Postings may, at any time, apply for a position in a Duration Posting location other than their own. The assignment or promotion into such a position shall be on mutual consent of the Employer and the Employee and shall be contingent upon operational requirements. For clarity, employees moving to another duration posting will not carry over their time accrued in their former duration posting. Employees who change Duration Posting locations and who are not duration complete shall, if they had been receiving a Northern Incentive Compensation Enhancement (NICE) payment, receive a prorated payment only for the time spent in that posting. Employees who change Duration Posting locations, whether they are duration complete or not, shall only be entitled to apply for an Attraction Incentive, and not a Renewal Incentive, for the initial term at the new location.

33.05.01

Where the length of a Duration Posting in which an employee is working on January 1, 2009, has been reduced, the employee shall have all time served in the posting credited to the new duration. Where an employee’s accrued time served exceeds the new length of the Duration Posting, they shall be deemed duration complete and shall be entitled to any outstanding incentives owed to them.

33.05.02

Where the length of a Duration Posting in which an employee is working on January 1, 2009, has been extended, the employee shall be required to meet the original length of the posting as required in the 2006-08 MOU to be considered duration complete.

33.05.03

Where an employee is entitled to receive an installment of their Attraction Incentive after January 1, 2009, and where that incentive has been increased since the date upon which the employee was assigned to the posting, the employee shall be eligible to receive a pro-rated incentive based on the new level of incentive for the remaining time required for the employee to be duration complete.

For employees eligible under this section, their original Attraction Incentive shall be prorated for time served up to December 31, 2008.

33.05.04

Employees working in a Duration Posting as defined in the 2006-2008 MOU that no longer qualifies as such under this agreement, shall continue to receive any and all incentives flowing from the previous MOU until such time as they are duration complete.

33.06.01

Employees assigned to Duration Postings are entitled to the applicable incentives providing they maintain a residence in their assigned duration posting community, as defined in Article 33.08, for use during their shift periods. Exemptions may be granted if circumstances are such that it is not possible for the employee to reside in a location.

33.06.02

All Duration Posting terms will be extended by the length of any employee requested leaves of absence beyond thirty days.

33.06.03

The Employer retains the right to transfer employees where it is deemed to be in the best interests of the OPP.

33.06.04

An employee can apply in writing to re-sign for a second or subsequent term as early as six (6) months in advance of their anniversary date/month at the duration posting. The anniversary date will not be affected.

33.06.05

An employee who does not apply in writing to re-sign in advance of their anniversary date and subsequently decides to re-sign after they are Duration complete will be eligible for the Renewal Incentive. The duration term and incentives will commence on the date they apply to re-sign.

33.07

This incentive program was implemented January 1, 2001 and will apply to employees on the anniversary date of their transfer date into the Duration Posting.

33.08

This Article names, lists and sets out the length of a “Duration Posting”.

2 YEAR STATUS

3 YEAR STATUS

4 YEAR STATUS

Effective January 1, 2025, Wawa is changed to 4-year status location (from 5-year status location).

5 YEAR STATUS

Effective January 1, 2025, the following locations are changed to 5-year status locations (from 6-year status locations):

6 YEAR STATUS

Effective January 1, 2025, the following locations are eliminated as 6-year status locations:

33.09

To the extent that it does not interfere with the Commissioner’s right to assign personnel, the Employer undertakes to reassign an employee at the expiration of the term of the employee’s duration posting consistent with the operating requirements of the OPP and the expressed area of preference of the employee. For the purpose of clarity, when an employee re-signs for a subsequent term, the expiration of the term will have occurred after they have completed that subsequent term.

33.10.01

Employees posted to the detachments of Red Lake, Ear Falls, Sioux Lookout and Northwest Patrol, who spend time providing front line policing support in Pikangikum, North Caribou Lake (Weagamow Lake), Big Trout Lake (Kitchenuhmaykoosib Inninuwug), Wapekeka First Nations, Pickle Lake and other locations the parties agree to from time to time, will receive double time credit for that time for the purposes of Article 33.

33.10.02

(a) In the event the Employer first exhausts all available transfer requests directly to Pickle Lake, Big Trout Lake (Kitchenuhmaykoosib Inninuwug), North Caribou (Weagamow Lake) and Wapekeka on a two (2) year duration term, or lacks sufficient experienced members available for transfer, the Parties may also rely upon Articles 33.10.01 to 33.10.07 above to ensure adequate staffing of these locations.

(b) For clarity, Article 33.10.01 shall only apply in the event that the Employer is unable to staff directly at these locations and a member of the Sioux Lookout detachment (four (4) year duration location and related entitlements) is assigned to support Pickle Lake, Big Trout Lake (Kitchenuhmaykoosib Inninuwug), North Caribou (Weagamow Lake) and Wapekeka on a rotational basis of no less than six (6) months and no greater than two (2) continuous years, as described in Article 33.10.02.

(c) Any member claiming entitlement for double time credit under Article 33.10.01 must first meet all eligibility requirements for Duration entitlements at their home duration location as set out in Article 33.

33.10.03

To qualify for the double time credit under 33.10.01, employees shall serve a rotation at one or more of these First Nation locations of no less than six (6) months and no greater than two (2) continuous years.

33.10.04

The provisions of Article 22, except as modified by Article 33.10.07 below, shall apply to any employee serving a rotation.

33.10.05

Employees who receive a double time credit as a result of this agreement and who also receive a NICE payment pursuant to Article 33, shall receive their NICE payments at a rate proportionate to the double time credit earned.

33.10.06

Employees who are in receipt of NICE and who become duration complete as a result of the language in 33.10.01, will be entitled to the Renewal Incentive pursuant to Article 33 should they sign up for a subsequent term at the same Duration Posting.

33.10.07

The provisions of Article 33.06.01, and specifically the requirement to reside within the assigned Duration Posting community, shall not apply to employees while they are serving a rotation at either of these First Nation locations.

33.10.08

Employees who serve rotations are not required to stay at the First Nation location on rest days. The Employer shall provide transportation, at its own expense, to the employees so that they can return to their Duration Posting location during their rest days or other blocks of time when they are not scheduled for duty.

33.11

No other incentive arrangements beyond those provided in this section are permitted.

32.01

Where a member of a police service is hired by the Ontario Provincial Police (OPP) and the police service from which the member is hired amalgamates with the OPP anytime within five (5) years from the date of hire of the member, the member shall receive the full wages and benefits that the members of the amalgamated service would receive from the OPP.

32.02

Where a member was a Sergeant in a police service and is hired by the OPP, and the police service amalgamates with the OPP any time within five (5) years from the date of hire of the member, the member shall have the right to make application for rank review by the OPP.

31.01

Where a Regional or Bureau Commander or designee determines that informal discipline may be appropriate regarding a breach of conduct or an allegation which may result in charges pursuant to the Community Safety and Policing Act, the member shall be notified in writing of a time and date for a meeting with the Regional or Bureau Commander or designee.

31.02

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

31.03

If the member 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 member.

30.01

An employee who is stationed at one of the following work locations, and who is a non-resident of that location, shall receive an allowance in accordance with the chart below. For clarity, an employee receiving an incentive described in Article 33 shall not be entitled to an allowance pursuant to this Article.

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.

29.01

The Employer and the Association agree that qualifications and seniority on a province-wide basis, are the primary consideration in the event that a reduction in the work force should become necessary.

For the purposes of Article 29, “seniority” is defined as continuous service with the Ontario Public Service and/or a police force which is amalgamated with the Ontario Provincial Police.

Where there is more than one (1) member hired on the same date, seniority shall be decided by a mutually agreed upon draw by the Employer and the Association, with representatives present from each respective party. The outcome of the draw shall only be used for the purposes of determining which member(s) shall be impacted in the reduction initiative in question.

29.02

Should a reduction in the work force become necessary, the Employer will give the Association as much advance notice of such reduction as is practicable, and in any event, in accordance with the OPS Confidential Disclosure to Bargaining Agents Directive, as amended from time to time, and will supply, at the earliest opportunity, a list of employees who are to be re-assigned within the OPP or laid off. The Employer agrees to meet with the Association upon request to discuss the manner in which the reduction is to be effected and to explore measures to mitigate layoffs.

29.03

Where an employee is released and the released employee’s former position, or another position within the OPP for which the released employee is qualified becomes vacant within twenty-four (24) months from the date of release, the Employer shall deliver to the former employee a notice of the vacancy at least fourteen (14) days prior to it being filled and the released employee shall be appointed to the vacancy if:

(i) the released employee agrees thereto; and

(ii) no other former qualified employee who has greater seniority applies.

A copy of the notice of vacancy referred to herein shall be sent to the Association.

Vacancies shall not be filled before employees on recall have the opportunity to exercise their rights under Article 29.03.

28.01

The Employer agrees to acquaint all new employees entering the bargaining unit with the fact that this Collective Agreement is in effect, and with the conditions of employment set out in the Articles.

28.02

The Employer agrees to place a current copy of the Collective Agreement in each Detachment Library, in the Police Orders, and on the OPP intranet.

28.03

Commencing August 1st, 2008 and thereafter, the probationary period for a Probationary Constable shall commence upon reporting to their assigned detachment/home location after the successful conclusion of the initial period of training as a Recruit Constable at the Provincial Police Academy and the Ontario Police College, and the Probationary Constable shall be on probation for a period of one year (1) from that date.

If a Probationary Constable is absent for a period greater than three (3) consecutive calendar weeks during the probationary period, the Employer may extend the employee’s probationary period by the length of that absence. A Probationary Constable will be considered to be absent when the constable is unable to perform the essential duties of a Probationary Constable.

A Recruit Constable may be subject to discipline for conduct occurring during the course of the initial period of training.

The Employer will apply this provision in a manner consistent with the Workplace Safety and Insurance Act, 1997 or the Ontario Human Rights Code.

28.04

The Employer may dismiss a Probationary Constable for failure to meet the requirements of their position but before doing so, shall give the police officer reasonable information with respect to the reasons for the termination, and an opportunity to reply orally or in writing as reasonably determined by the Employer and shall consider the Probationary Constable’s reply. The Employer shall notify the Employee of their right to contact the OPP Association.

27.01

Once a year, upon written request, the Commissioner or the Commissioner’s designee shall grant a member permission to examine the member’s own personnel file at the location where it is maintained.

If it is determined, upon the basis of evidence supplied by the member, that any material contained in the file is incorrect, such material shall be corrected accordingly.

An employee shall be permitted to examine their file during off duty hours and shall do so at their own personal expense.

27.02

The employer agrees to remove from a member’s personnel file the following items provided the member’s personnel file has been clear of similar documentation/offences/convictions for an equivalent, previous period of time as specifically noted below:

(a) all negative documentation and admonishments or informal discipline penalties two (2) years after the date of the last noted incident;

(b) all records of any criminal and/or provincial offence in which there was a withdrawal or dismissal of the charges against the member;

(c) all records of any provincial offence conviction five (5) years after the date of conviction;

(d) all records of any criminal offence conviction five (5) years after the date of conviction where there was a conditional or absolute discharge;

(e) all records of any discipline conviction under the Community Safety and Policing Act five (5) years after the last discipline conviction (after all appeal procedures have been exhausted), provided no other entries have been made with respect to discipline or public complaints and provided the confirmed penalty does not exceed the forfeiture of forty (40) hours pay or leave, or forty (40) hours suspension without pay.

27.03

Notwithstanding 27.02, the Commissioner has the discretion to maintain discipline records for a longer or shorter period of time on an exceptional basis.