THE CORPORATION OF THE TOWNSHIP OF NIPISSING
BY- LAW NO. 1099
Being a By-Law to establish personnel, hiring, safety and related policies for Township employees and provide for their remuneration and benefits.
WHEREAS The Municipal Act, R.S.0.2001, Chapter 25, Section 270, Subsection (1), and Section 283, Subsection (1), provide that a municipality may pass a By-Law for the hiring and setting of remuneration for officers and employees;
AND WHEREAS The Municipal Council deems it expedient to establish a personnel policy;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF NIPISSING ENACTS AS FOLLOWS:
SECTION 1: DEFINITIONS
In this By-Law and any Schedule to it the following words have the meaning assigned to them below:
1. “EMPLOYEE” Means a person who is paid by the Township for work and whose engagement has been formally recognized by Council in a resolution or by-law; but does not include an independent contractor whose work is not under the day to day supervision of Council or its Staff.
A. Permanent Full-Time Employee – an employee whose job status will be continued indefinitely, and works the hours of a regular work day or a regular work week set by Council.
B. Permanent Employee-Variable Hours – an employee employed on a permanent basis but the hours of work vary from week to week depending on the work load.
C. Part-Time Employee – an employee employed casually, or seasonally.
D.Contract Employee – an employee hired for a specific project or period of time upon terms and conditions set out in a written contract.
2.“RELATIVE” Means any person who is a spouse, child, sibling, niece, nephew, parent, or grandparent of an employee, Councillor or local board member, or is related by marriage and includes in-laws, individuals who were previously married and are presently divorced, or whose relationship with the employee, Councillor, or local board member is similar to that of persons who are family members or are related by marriage, taking into account the definition of “spouse” contained in this by-law.
3. “CHILD” Means, for the purpose of eligibility for benefits, the natural or adopted child of an employee.
4. “SPOUSE” Applies to both opposite sex and same sex couples and means either of a man or a woman who
E) is married to an employee; or
E) has entered into a marriage with a current employee that is voidable or void in good faith; or
F)is not married to a current employee but who is now cohabiting with a current employee in a relationship similar to marriage and either
i has so cohabited continuously for a period of not less than one year or
ii has so cohabited for a period of not less than three months if they are the natural or adoptive parents of a child
5. “STUDENT” To be eligible for summer student employment with the Township of Nipissing, applicants must be attending an educational institution prior to the summer term, and
be returning on a full-time basis for the coming school term. Proof of attendance may be required.
SECTION 2: WAGES
The remuneration of employees engaged by The Corporation of the Township of Nipissing shall be determined as follows:
A. Permanent Full-Time Employee, Permanent Employee-Variable Hours, and Part-Time Employees shall be paid wages to be determined by Council and expressed in hourly terms or as an annual salary. These are to be reviewed annually and may be adjusted on the basis of inflation factors, seniority and/or merit. The remuneration of an Employee other than a Contract Employee shall be in accordance with Schedule `A’, Part I, annexed hereto and forming part of this by-law.
B The remuneration, terms of employment and benefits (if any) of a Contract Employee shall be determined by the terms of a written contract or benefit other than that set out in the contract.

C. Each Employee shall receive a wage statement every two weeks showing the hours worked, the rate, the gross wages, the amount of deductions and the net amount paid to the employee.
SECTION 3: HOURS OF WORK
1.”Regular rate” shall mean the wage rate for an hour of work in a regular non-overtime work week.
2.The regular hours will be as follows:
A. Office
8:30 a.m. to 4:30 p.m. Monday to Friday Closed 12:00 noon – 12:30 p.m.
7’/2 hours/day – 37.5 hours/week
Note: Clerk-Treasurer works Office hours plus regular council meetings for an average of 40 hours per week
B. Road Crew
7:00 a.m. to 3:30 p.m. Monday to Friday 8 hours/day – 40 hours/week
Note: Road Superintendent works Road Crew hours plus regular council meetings
C. Chief Building Official, Building Inspector, Fire Chief and Municipal By-Law Enforcement Officer
8:30 a.m. to 4:30 p.m. Monday to Friday Closed 12:00 noon – 12:30 p.m.
7’/2 hours/day – 37.5 hours/week
Note: Must work Chief Building Official, Building Inspector, Fire Chief and Municipal By-Law Enforcement Officer hours plus regular council meetings and Fire
Fire Department meetings for an average of 40 hours per week
3.Flexible hours will be allowed subject to approval by the employee’s supervisor and (should it choose to consider the matter) Council.
4.The office may close during the Christmas season at the discretion of Council.
5.The office may close due to inclement weather according to School Bus Policy and/or at the discretion of the Clerk and/or Mayor.
6.”Overtime” shall be calculated at a rate of time and a half the regular rate for all hours exceeding regular working hours. Overtime
benefits apply only to full-time employees, and permanent employees-variable hours. An employee may, with the consent of Council or the Department Head, elect to take compensation for overtime in the form of time off with pay at his or her regular rate. Banking of overtime hours beyond a maximum of 50 hours will not be permitted.
7.”Overtime” shall not be paid to salaried employees. Salaried employees shall be entitled to take off “compensation time” at the rate of one and one-half hour of paid time off for each hour of overtime (as defined in paragraph 6 immediately above) at a time mutually agreed between Council and the Employee.
SECTION 4: BENEFITS
1.The following employee benefit plans will be in effect with the municipal contribution to be 100 percent:
Employer Health Tax Disability insurance Life Insurance equal to employee’s annual salary Extended Health Insurance
Dental Insurance
Extended health care insurance, vision care insurance, and dental plan coverage shall include coverage of a spouse or child as defined herein in accordance with the terms of the policy or plan from time to time in effect.
2.The Municipality will make all required employer’s contributions to the O.M.E.R.S. Pension Plan to which an employee contributes.
3.The benefits enumerated in this section shall apply to “permanent full-time employees” and “permanent employees – variable hours”; but shall not apply to a “part-time employee”.
4.Contract Employee shall receive benefits as set out in a written contract.
SECTION 5: SICK LEAVE
1.An Employee will be allowed up to six intermittent days at full pay during each year, provided that any longer period taken under paragraph 2 shall be deemed to also use up the same number of intermittent days until they are reduced to zero.
2.After six months continuous service and until one year’s continuous service an Employee shall be allowed one week at full pay less any intermittent sick days already used that year. After one year of continuous service, an employee shall be allowed two weeks at full pay less any intermittent days already used in that year.
3.Employees shall be entitled to short and long-term disability benefits in accordance with the terms of the Disability Insurance policy in force from time to time. The Municipality reserves the right to alter the policy and benefit structure.
4.Sickness and disability benefits described in this section shall only be used when medically necessary. Employees must provide a doctor’s certificate from the attending physician if absent for more than three (3) consecutive work days.

SECTION 6: VACATIONS
1.Vacations will be taken at a time which is mutually satisfactory to both the employee and Council.
2.Vacation time should not be accumulated from year to year.
3.It is the intention that all permanent employees shall be granted vacation in accordance with the following schedule unless a special arrangement is made. Continuous service means from the 15′ day worked as a permanent employee and continued service within the Corporation. If a permanent employee changes jobs within the Corporation there shall be no break in continuous service. Employees shall report intention of vacation to supervisor at least two weeks in advance.
A.two weeks vacation with pay will be granted after one year of continuous service, or 4% of gross pay;
B.three weeks vacation with pay will be granted after five years of continuous service, or 6% of gross pay;
C. five weeks vacation with pay will be granted after ten years of continuous service, or 10% of gross pay;
D. Six weeks vacation with pay will be granted after fifteen years of continuous service, or 12% of gross pay;
4.Part-time and student employees shall receive vacation pay at a rate of 4% of gross pay.
SECTION 7: ABSENCES
1.Any authorized leave of absence does not cause a break in an employee’s service with the municipality; but the period of absence shall not be included for the purpose of calculating entitlement for vacation and benefits.
2.The Council may, at its discretion, grant a leave of absence with or without pay to any employee for personal reasons.
3.A paid leave of absence of up to three (3) days may be granted to any employee for the purpose of making arrangements for and/or attending the funeral of a member of his/her immediate family. The immediate family shall consist of the employee’s spouse (including common-law), son, daughter, mother, father, brother, sister, grandparent, grandchild, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law.
4.Up to one (1) day paid leave of absence may be allowed for the death of a relative not covered in the preceding paragraph.
5.A paid leave of absence will be granted to any employee who
Serves or attends as a juror or witness in any Court of law provided the employee is not a party to the proceedings and remits to the municipality any fees received for such service or attendance.
6.An employee injured in the course of duty will have his compensation received from the Workplace Safety and Insurance Board supplemented from his sick leave credits so that he will receive full wages until such time as his sick leave credits are exhausted or his employment terminates.
SECTION 8: HOLIDAYS
1.Paid holidays each year are: New Year’s Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day (only if it falls on a day the Employee is scheduled to work), Christmas Day, and Boxing Day.
2.When an employee works on a public holiday, the employee will receive compensation in the form of time off for each hour worked at a premium rate of not less than one and one-half times the
regular rate and, where the employee is entitled to the holiday with pay, the regular wages in addition thereto. When an employee works on a public holiday, the hours the employee works on the public holiday shall not be taken into consideration in calculating any overtime pay to which the employee is entitled for the work week in which the public holiday occurs.
3.When a specified holiday falls during the vacation period of an employee, one additional day shall be granted.
4.In the event that a holiday falls on a ‘weekend, a regular day off will be granted in lieu of such holiday.
SECTION 9: HIRING
The Corporation shall adhere to the hiring and other human resources policies set out in Schedule “B” annexed hereto and forming part of this By-Law.
SECTION 10: ROADS DEPARTMENT EMPLOYEES
In addition to any other benefits or remuneration specified herein, Roads/Public Works Department employees of the Township shall enjoy the additional benefits set out in Part II of Schedule “A” annexed hereto and forming part of this By-law.
SECTION 11: WORKPLACE POLICY
The Corporation and its employees shall adhere to the workplace policy provisions set out in Schedule “C” annexed hereto and forming part of this By-Law.
SECTION 12: HEALTH AND SAFETY POLICY
The Corporation and its employees shall adhere to the health and safety policy provisions set out in Schedule “D” annexed thereto and forming part of this By-Law.

SECTION 13: REPEAL OF PREVIOUS BY-LAWS
All By-Laws, or parts thereof, passed prior to this by-law and contrary hereto or inconsistent herewith, are hereby repealed. Without limiting the generality of this section, the following previous by-laws are hereby specifically repealed: Nos. 593, 676, 711, 729, 768, 846, 954 and 1094.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 2IST DAY OF DECEMBER, 2004.
THE CORPORATION OF THE TOWNSHIP OF NIPISSING