AI-assisted research summary: This provision defines several terms used in the Act, including when an employee is not adversely affected, what counts as critical functions, and how “earn,” “rate of compensation,” and “unpaid leave” are interpreted.
Adversely Affect 1. (1) For the purposes of subsections 11 (3), 14 (2), 16 (3) and 27 (2) of the Act, an employee is not adversely affected by the continued payment or provision of a benefit at the level or amount paid or provided on June 14, 1993. O. Reg. 590/93, s. 1 (1). (2) Subsection (1) does not apply to the payment or provision of wages or salary or of a benefit that increases or decreases as a result of increases or decreases in an employee’s earnings. O. Reg. 590/93, s. 1 (2). Critical Functions 2. (1) In section 26 of the Act, “critical functions” means services or activities that, in the opinion of the employer, must be performed in order, (a) to prevent the injury to or the death of people or the destruction of property, or (b) to provide an emergency intervention to prevent the worsening of an injury or illness. O. Reg. 590/93, s. 2 (1). (2) For the purposes of section 26 of the Act, an employee does not perform critical functions unless the employee has been adequately trained to perform, and does perform, services or activities described in subsection (1). O. Reg. 590/93, s. 2 (2). (3) For the purposes of section 26 of the Act, an employee does not perform critical functions unless the employee is one of the minimum number of employees, as determined by the employer, who are required by the employer to work during a work period, work cycle or schedule in order, (a) to prevent the injury to or the death of people or the destruction of property; or (b) to provide an emergency intervention to prevent the worsening of an injury or illness. O. Reg. 590/93, s. 2 (3). Earn 3. In the Act, “earn” does not include receiving payments in lieu of benefits for the performance of duties as an employee, and “earnings” has a corresponding meaning. O. Reg. 590/93, s. 3. Rate of Compensation 4. (1) In section 24 of the Act, “rate of compensation” includes, in addition to wages and salary, all benefits paid or provided to an employee for the performance of his or her duties as an employee. O. Reg. 590/93, s. 4. (2) In section 24 of the Act, “increase in compensation” does not include the increased cost of maintaining a benefit paid or provided to an employee for the performance of his or her duties as an employee at the level or amount that was in effect immediately before June 14, 1993. O. Reg. 822/93, s. 1. Unpaid Leave 5. In Part VII of the Act, “unpaid leave” and “unpaid leave of absence” mean a leave of absence without pay that is, (a) the whole of an employee’s regular work day, or (b) half of an employee’s regular work day, if the half day of leave begins at the beginning of the employee’s regular work day or ends at the end of the employee’s regular work day. O. Reg. 590/93, s. 5. No Increase in Compensation 5.1 The expression “no increase in compensation” in subsection 48 (1) of the Act means no increase in compensation if the increase is determined or to be determined on the basis that the increase is effective from a date before April 1, 1996. O. Reg. 46/97, s. 1. Any Increase to Take Effect on or after that Date is Suspended 5.2 The expression “any increase to take effect on or after that date is suspended” in subsection 48 (2) of the Act means that the increase is not to be determined on the basis that the increase is effective from a date before April 1, 1996. O. Reg. 46/97, s. 1. Application of Sections 5.1 and 5.2 5.3 The expression “no increase in compensation” in subsection 48 (1) of the Act and the expression “any increase to take effect on or after that date is suspended” in subsection 48 (2) of the Act are not to be interpreted so as to prevent compensation increases other than those described in sections 5.1 and 5.2. O. Reg. 46/97, s. 1. 6. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 590/93, s. 6.