Bill 124 Remedy Payments for Former OCDSB Employees

Bill 124 Remedy Payments for Former OCDSB Employees
Posted on 05/10/2024
Bill 124 Remedy Payments for Former OCDSB Employees

Information for current OCDSB employees has been emailed to staff and can be found on the Staff Portal.

Current and former OCDSB employees may be eligible for retroactive payments following the repeal of the Ontario government’s Bill 124 legislation.

Who will receive retroactive payments?

These payments apply to current and former OCDSB employees who were actively employed for all or part of the period from September 1, 2019 through August 31, 2022.  

The following OCDSB employee groups are eligible:

  • OSSTF Teachers and Education Workers
  • ETFO Teachers; and 
  • Union Exempt and Unaffiliated Employees (Non-Union)

Due to changes to the salary grid, staff members in these groups employed after August 31, 2022 may also receive retroactive payments.

Please note that the provincial government has not yet reached an agreement with Principals and Vice-Principals respecting Bill 124 remedy payments. More information will be provided to this group as it becomes available. 

Supervisory Officers, Associate Directors, and the Director of Education are not eligible for Bill 124 remedy payments.

When will eligible employees receive payments?

Academic bargaining unit staff: May 31, 2024

Administrative and support bargaining unit staff: June 7, 2024

Non-union staff: June 7, 2024

How will former employees receive the payments?

The payment will be automatically deposited to your bank account currently on file with the OCDSB. No further action is required as long as your banking information is current. If your banking information has changed since your employment with the OCDSB, it is imperative that you update the information without delay by May 17, 2024 by contacting [email protected]. If the direct deposit is not successful, a manual cheque will be issued to the address on file.

How much will eligible employees receive?

The retroactive payments will be calculated as follows.

  • September 1, 2019, +0.75% increase to wages 
  • September 1, 2020, +0.75% increase to wages
  • September 1, 2021, +2.75% increase to wages

For former employees, wages and salary grids will then be adjusted going forward from September 1, 2022 and up to the date of end of employment, which will result in additional retroactive payments for eligible employees. 

Do normal deductions apply to these payments?

Yes, typical deductions such as income tax, CPP, pension etc. will apply to these payments.

Are these payments connected with bargaining for 2022-2026 collective agreements?

No, these payments are separate from 2022-2026 collective agreements and arbitration processes recently completed or currently underway. Find out more about OSSTF Education Worker central wage increases.

Specific questions regarding individual payments or unique employee situations

Please note, these retroactive payments will apply to a significant number of current and former employees across the OCDSB. Due to time constraints associated with processing these payments by the required deadline, Payroll staff are unable to respond to individual inquiries regarding the upcoming Bill 124 remedy payments. 

If you have questions about your payment after you have received it, they should be directed only to [email protected].   

After your scheduled payment date, you can expect that there still may be significant delays in response times as a result of volume, and we ask that you be patient as our payroll team works through this very busy time. 


Additional Frequently Asked Questions:

Below are additional questions regarding the Bill 124 payments. We will update these questions as necessary.

What was Bill 124 and what does the repeal mean for former employees?

In 2019, the Ontario Government enacted Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, which imposed a 1% cap per year on compensation increases for all employees in the public sector, for a period of three (3) years. Labour organizations challenged the Act, alleging that it undermined and interfered with the collective bargaining process, contrary to the Charter. On February 12, 2024, the Ontario Court of Appeal declared the Act unconstitutional as applied to unionized employees. The Ontario Government repealed the Act in its entirety as a result of the decision. 

As a result, of the Court of Appeal decision and the related arbitration decision, retroactive economic increases are payable to current and former OCDSB employees who were actively employed for all or part of the period from September 1, 2019 through August 31, 2022 (the “Bill 124 Remedy Payment”). Due to changes to the salary grid, staff members in the eligible groups employed after August 31, 2022 may also receive retroactive payments.

Who is eligible for a Bill 124 Remedy Payment? 

Current and former employees with the following OCDSB employee groups are eligible for a Bill 124 Remedy Payment:

  • OSSTF Teachers and Education Workers
  • ETFO Teachers; and 
  • Union Exempt and Unaffiliated Employees (Non-Union)

For clarity, teachers and education workers include the following bargaining units:

  • OCETFO, Ottawa-Carleton Elementary Teachers’ Federation of Ontario
  • OCEOTA, Ottawa-Carleton Elementary Occasional Teachers’ Association
  • OSSTF-TBU, District 25 Teachers’ Bargaining Unit (Secondary Teachers)
  • OSSTF-OT, District 25 Occasional Teacher Bargaining Unit (Secondary Occasional Teachers)
  • OSSTF-PSSP, District 25 Professional Student Services Personnel Unit
  • OSSTF-PSSU, District 25 Plant Support Staff Unit
  • OSSTF-SSP, District 25 Student Support Professionals Bargaining Unit
  • OSSTF-ESP, District 25 Educational Support Professionals Bargaining Unit
  • OSSTF-PECCS, District 25 Professional  Educators and Child Care Staff Bargaining Unit

I received one (1) or more allowance or premium in addition to my salary during the September 1, 2019 to August 31, 2022 period. Will the allowance or premium also be subject to the retroactive remedy payment?

The Bill 124 Remedy Payment will apply to any allowance or premium to which the original 1% wage increase applied.

Will the Bill 124 Remedy Payment impact salary grids after August 31, 2022?

Yes.  Post August 31, 2022 salary grids will be adjusted as a result of the increase to the 2019-2022 grids.  Applicable retroactive payments for the period from  September 1, 2022 to present will be calculated and included in the retroactive payment.

I am a member of PSSU or PSSP and am currently being paid on one of the Skills Shortage Allowance Grids (the “SSA Grids”) , which first came into effect on November 27 and 28, 2022 respectively. Am I also eligible for a Bill 124 Remedy Payment from the date that I was placed on an SSA Grid forward?? 

Yes.  The Employer has determined that the Bill 124 Remedy Payment will be applied to the SSA Grids. Eligible PSSU and PSSP members, will receive any applicable Bill 124 retroactive payments back to their date of placement on the SSA Grids. .

I am an OSSTF Education Worker and understand that I will also receive an additional retroactive payment on June 7, 2024 due to a recent arbitration decision.  Will I be receiving both retroactive amounts on the same pay? 

Yes. Find out more about OSSTF Education Workers.

I am an OSSTF or ETFO Teacher or Occasional Teacher. Am I also entitled to central wage increases at the same time as my Bill 124 Remedy Payment (May 31, 2024)?

No. Applicable wage increases for teacher groups for the 2022-2026 Collective Agreement will be determined at a later date by way of arbitration awards. 

Is my Bill 124 Remedy Payment subject to deductions?

Yes.  All statutory and other required deductions will apply to the Bill 124 Remedy Payment, including:

  • Income Tax;
  • Canada Pension Plan contributions (CPP);
  • Employment Insurance contributions (EI); 
  • Pension contributions;
  • Union dues; 
  • Union Levy (if applicable); and
  • Retroactive adjustments to Long Term Disability (“LTD”) premiums. 

What if I am, or was, in receipt of Long Term Disability (“LTD”) between September 1, 2019 and today? 

If you are, or were in receipt of LTD payments at any time from September 1, 2019, retroactive payments arising from the Bill 124 Remedy Payment (for periods that you were in receipt of LTD), and information respecting your adjusted wage rate will be sent to the relevant LTD provider.  The relevant LTD provider will process the increases on their end, and provide you with any applicable retroactive payment amounts. 

Questions respecting retroactive LTD payments and adjustments should be directed to your LTD provider. 

Are there circumstances that could reduce my total Bill 124 Remedy Payment amount?

If any of the following scenarios occurred between September 1, 2019 and August 31, 2022, it may impact the calculation of your retroactive payment:

  • if you took a leave of absence without pay;
  • if you were on short term disability at 90% of your salary; 
  • if you were on sick leave without pay; or
  • if you took any other unpaid days (listed on paystub as “days_not_paid”), such as unpaid vacation days and unpaid PD days.  

Will additional deductions be sent to my pension provider? 

Pension premiums will be deducted from the Bill 124 Remedy Payment  and employer and employee contributions will be sent to the relevant pension providers. Questions with respect to the recalculation of pensions, including timing, should be directed to your pension provider.

Can I elect to have my Bill 124 Remedy Payment paid directly to my RRSP?

No. The Employer cannot transfer your Bill 124 Remedy Payment directly to your RRSP.  You may, however, be able to  work with your Financial institution to transfer your net pay amount, depending on your eligible RRSP room. Eligible tax refunds, if applicable, will be assessed when you file your 2024 personal tax return.

What do I need to do to ensure that I receive the Bill 124 Remedy Payment? 

The payment will be automatically deposited to your bank account currently on file with the OCDSB.  No further action is required as long as your banking information is correct. If your banking information has changed, it is imperative that you update the information no later than May 17, 2024 by contacting the Payroll division at [email protected]

I also work for another local school board. How will this impact my Bill 124 Remedy Payment? 

If you worked for more than one school District between September 1, 2019 and August 31, 2022, you will receive applicable retroactive payments from each of those school boards in accordance with the wages that you earned from each Employer. 

How will the Bill 124 Remedy Payment be reflected on my T4 slip? 

Your Bill 124 Remedy Payment will be reflected in box 14 on your 2024 T4 slip. No adjustments to previous tax years are required.  

What happens to Bill 124 Remedy Payments for deceased employees?

Retroactive Bill 124 payments for deceased employees will be issued to the estate of the deceased employee via manual cheque. 

What if I have questions about how my retroactive payment was calculated after I receive it?

If you  have questions about your payment after you have received it, you may direct them to [email protected]. Please note that questions will not be responded to prior to your  scheduled payment date.  

After your scheduled payment date, you can expect that there still may be significant delays in response times as a result of volume. 

As such, we encourage you to consider all of the following questions before reaching out with questions respecting your payment:

  • Have you taken any time off without pay since September 1, 2019?
  • Were you in receipt of short term disability pay at 90% of your regular salary at any time between September 1, 2019 and today?
  • Were you on Long Term Disability at any time between September 1, 2019 and today?
  • Have you changed positions within the OCDSB since September 1, 2019? 
  • Did your employment status change at any time since September 1, 2019 (e.g. full-time to part-time)?

For payroll tax information you may find the Government of Canada website useful.

If you continue to have questions or concerns about your payment, please email [email protected]. We would ask that you be patient as our payroll team works through this busy time.

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