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Out-of-Province Work Procedures

1.          Purpose

The University requires Employees to reside in a location that allows them to attend University Premises when needed.    There may be legal employment-related implications when an Employee lives outside the province.   As a result, the University will only permit Employees to live outside of Ontario while working for the University in specific circumstances.   

These procedures (the “Procedures”) assist in the interpretation and application of the Flexible Work Policy (the “Policy”), set out the process for an Employee to request to reside outside of the Province of Ontario while working for the University, and establish the expectations and responsibilities applicable to the application process.  All capitalized terms not otherwise defined in these Procedures have the meanings set out in the Policy.

2.         Application and Scope

These Procedures apply to any situation where an Employee requests to live and work outside Ontario, and where the Employee is living in Ontario immediately prior to the request.   

If a Leader is contemplating hiring an Employee that is not an Ontario resident, they should contact their Human Resources partner to review the implications.

The University may revise these Procedures or establish exceptions as may be necessary or deemed prudent by the University, having regard to all relevant factors and to ensure ongoing responsiveness to public health and safety developments and conditions, legal developments, and the  University’s activities and operations.

3.         Definitions

a.     “Conditions” means any risks, responsibilities and/or legislative requirements that may be applicable to an Employee may incur when working outside of the province including: (i)  OHIP, WSIB and benefits; (ii) employment legislation; (iii) taxes; (iv) collective agreement provisions; and (v) data security and internet access.

b.     “Executive Leader” means the University's President and Vice Chancellor; Provost and Vice President Academic; Vice President Administration and Operations; General Counsel and Secretary of the Board of Governors; Vice President Research and Innovation; Vice President University Advancement and Alumni Relations; Vice President, Equity and Community Inclusion; and Chief Financial Officer.

c.     “Extended Period” means a period longer than 31 days in a calendar year.  

d.     “Extenuating and Exceptional Circumstances” means circumstances where: 

  • The role requires specialized skills such that it would be difficult to fill the role after an Ontario search has been exhausted.
  • Third party funding requirements for a particular program (i.e. the Future Skills Centre) require that Employees must be present in another province for a limited term 
  • Research work requires a local presence (primarily research support staff)
  • There are visa or documentation delays that prevent entry into Canada

e.     “Request” means the University’s request form to make a request to live outside of Ontario while working for the University. 

f.     “Senior Leader” means a Leader within a Faculty/Department/or Unit who has oversight responsibility of other Leaders.   This position could include an Assistant Vice President, Executive Director, or Dean. 

4.         Responsibilities 

Employees seeking to live outside of Ontario while working for the University are responsible for discussing the request with their Leader and completing the and submitting a Request.

A Department/Faculty/Unit’s Senior Leader is responsible for approving Requests for an Extended Period before they are submitted to the Human Resources Partner. 

Human Resources is responsible for evaluating Requests, identifying applicable Conditions, facilitating consideration of the Requests by the Chief Human Resources Officer or designate,  and communicating the outcome of the consideration to the Employee and Leader.

The Chief Human Resources Officer  is responsible for the approval of Requests made for an Extended Period 

5.         Procedures

a.     Submitting a Request 

i)     An Employee seeking to live outside of Ontario while working for the University must complete and submit a Request to their Leader and discuss the completed Request with their Leader.

ii)     If the Request is for an Extended Period, the Leader must submit the Request to the applicable Senior Leader for approval.   Requests that are approved by a Senior Leader must then be submitted to Human Resources through the Department/Faculty/Unit’s relevant Human Resources Partner.  The Human Resources  Partner will facilitate the evaluation of the Request and consideration for the necessary approvals.

b.     Evaluation

i)     Human Resources will evaluate the Requests for an Extended Period and will assess any Conditions applicable to the Request to determine any implications for the Employee and the University.

c.     Approval and Communication

i)     The University has no obligation to approve Requests under any circumstances.

ii)    Requests that are for less than an Extended Period may be approved by the Leader having regards to Considerations.

iii)   Requests for an Extended Period that exceed 182 days require the approval of the relevant Executive Leader prior to consideration by the Chief Human Resources Officer. 

iv)   Approval of Requests for an Extended Period will only be granted when there are Extenuating and Exceptional Circumstances having regard to the Conditions, as determined by the University’s Chief Human Resources Officer. 

v)     Human Resources will communicate the outcome of the consideration of the Request, including any relevant requirements, to the Leader through their Human Resources Partner.

vi)    The Leader and Human Resources Partner must communicate the outcome to the Employee.

vii)   Any costs to the University resulting from approval of a Request, including provincial workplace insurance coverage, must be paid by the relevant Department/Faculty/Unit