1.1. (1) For the purposes of this Act, the Crown is not the employer of a person unless the person,
(a) is a public servant employed under Part III of the Public Service of Ontario Act, 2006; or
(c) is employed by a body prescribed in the 2006, c. 35, Sched. C, s.107 (1).
Plans posted before Dec. 18, 1991
(2) If the Crown and a bargaining agent have agreed that the Crown is the employer of the employees represented by the bargaining agent and a pay equity plan in accordance with that agreement was posted before the 18th day of December, 1991, the Crown shall be deemed to be the employer of those employees. 1993, c. 4, s. 2.
Same
(3) If the Crown posted a pay equity plan before the 18th day of December, 1991 for employees who are not represented by a bargaining agent, the Crown shall be deemed to be the employer of those employees. 1993, c. 4, s. 2.
Application
(4) This section does not apply,
(a) if a determination that the Crown is the employer was made by the Hearings Tribunal before the 18th day of December, 1991; or
(b) if an application respecting a proceeding in which the Crown’s status as an employer is an issue was filed with the Hearings Tribunal before the 18th day of December, 1991. 1993, c. 4, s. 2.
Same
(5) This section, except for subsections (2) and (3), does not apply to determine the identity of the employer of an individual if a pay equity plan applicable to that individual prepared in accordance with a review officer’s order was posted before the 18th day of December, 1991. 1993, c. 4, s. 2.