List of Changes to the
Agreement
between the Treasury Board and The Professional Institute of the Public Service
of Canada - Audit, Commerce and Purchasing
2.01
**
(b) "common-law partner" refers to a person
living in a conjugal relationship with an employee for a continuous period of at
least one year (conjoint de fait);
**
9.04 Upon application by the employee and at the
discretion of the Employer, compensation earned under this Article may be taken
in the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31 of the next following fiscal year shall be
paid at the employee's daily rate of pay on December 31.
9.06
**
(a) An employee who works three (3) or more hours of overtime
immediately before or immediately following his scheduled hours of work shall be
reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50),
except where free meals are provided. Reasonable time with pay to be determined
by the Employer shall be allowed the employee in order to take a meal either at
or adjacent to his place of work.
**
(b) When an employee works overtime continuously extending four
(4) hours or more beyond the period provided in (a) above, he shall be
reimbursed for one additional meal in the amount of ten dollars and fifty cents
($10.50), except where free meals are provided. Reasonable time with pay, to be
determined by the Employer, shall be allowed the employee in order that he may
take a meal break either at or adjacent to his place of work.
**
9.07 When, in a situation involving overtime, an
employee is required to report to work before public transportation services
have commenced, or to remain at work or to return to work after normal
transportation services have been suspended, the use of a taxi or the payment of
a mileage rate, as appropriate, shall be authorized from the employee's
residence to the workplace and/or return if necessary.
**
10.02 Upon application by the employee and at the
discretion of the Employer, compensation earned under this Article may be taken
in the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31st of
the next following fiscal year shall be paid at the employee's daily rate of pay
on December 31.
**
11.03 An employee required to be on standby duty
shall be available during his period of standby at a known telephone, cellular
phone, and/or pager number and be able to return for duty as quickly as possible
if called. In designating employees for standby, the Employer will endeavour to
provide for the equitable distribution of standby duties.
**
11.06 Compensation earned under this Article shall be
compensated in cash except where, upon application by the employee and at the
discretion of the Employer, such compensation may be taken in the form of
compensatory leave in accordance with clauses 9.04 and 9.05 of Article 9,
Overtime.
**
13.04 Upon application by the employee and at the
discretion of the Employer, compensation earned under this Article may be taken
in the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on December 31 of the next following fiscal year shall be
paid at the employee's daily rate of pay on December 31.
**
13.07 Travelling time shall include time necessarily
spent at each stop-over en route up to a maximum of five (5) hours provided that
such stop-over does not include an overnight stay.
13.09
Travel Status Leave
**
(d) The provisions of this clause do not apply when the employee
travels in connection with courses, training sessions, professional conferences
and seminars, unless the employee is required to attend by the Employer.
**
14.07 In the event of termination of employment for
reasons other than death, incapacity or lay-off, the Employer shall recover from
any monies owed the employee an amount equivalent to unearned vacation and sick
leave taken by the employee, as calculated from the classification prescribed in
his certificate of appointment on the date of the termination of his employment.
**
15.04
Entitlement to Vacation Leave With Pay
An employee is entitled to vacation leave with pay to the extent
of his earned credits but an employee who has completed six (6) months of
continuous employment is entitled to an advance of credits equivalent to the
anticipated credits for the vacation year.
15.05
Provision for Vacation Leave
**
(c) The Employer shall give an employee as much notice as is
practicable and reasonable of approval, denial or cancellation of a request for
vacation or furlough leave. In the case of denial, alteration or cancellation of
such leave, the Employer shall give the written reason thereof, upon written
request from the employee.
**
17.02
Bereavement Leave with Pay
For the purpose of this clause, immediate family is defined as
father, mother (or alternatively stepfather, stepmother, or foster parent),
brother, sister, spouse (including common-law partner resident with the
employee), child (including child of common-law partner), stepchild or ward of
the employee, grandchild, father-in-law, mother-in-law, the employee's
grandparents and relative permanently residing in the employee's household or
with whom the employee permanently resides.
(a) When a member of the
employee's immediate family dies, an employee shall be entitled to a bereavement
period of five (5) consecutive calendar days which must include the day of the
funeral. During such period the employee shall be paid for those days which are
not regularly scheduled days of rest for the employee. In addition, the employee
may be granted up to three (3) days' leave with pay for the purpose of travel
related to the death.
(b) An employee is entitled to one (1) day's bereavement
leave with pay for the purpose related to the death of his or her son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
(c) If, during a period of sick leave, vacation leave or
compensatory leave, an employee is bereaved in circumstances under which he or
she would have been eligible for bereavement leave with pay under clauses
17.02(a) and 17.02(b), the employee shall be granted bereavement leave with pay
and his or her paid leave credits shall be restored to the extent of any
concurrent bereavement leave with pay granted.
(d) It is recognized by the parties that the circumstances which
call for leave in respect of bereavement are based on individual circumstances.
On request, the deputy head of a department may, after considering the
particular circumstances involved, grant leave with pay for a period greater
and/or in a manner different than that provided for in paragraphs 17.02(a) and
17.02(b).
17.06
Parental Leave Without Pay
**
(a) Where an employee has or will have the actual care and
custody of a new-born child (including the new-born child of a common-law
partner), the employee shall, upon request, be granted parental leave without
pay for a single period of up to thirty-seven (37) consecutive weeks in the
fifty-two (52) week period beginning on the day on which the child is born or
the day on which the child comes into the employee's care.
**
(d) An employee who intends to request parental leave without
pay shall notify the Employer at least four (4) weeks in advance of the expected
date of the birth of the employee's child (including the child of a common-law
partner), or the date the child is expected to come into the employee's care
pursuant to paragraphs (a) and (b).
17.09
Leave Without Pay for the Care of Immediate Family
**
(a) For the purpose of this clause, family is defined as spouse
(or common-law partner resident with the employee), children (including foster
children or children of spouse or common-law partner) parents (including
stepparents or foster parent) or any relative permanently residing in the
employee's household or with whom the employee permanently resides;
**
(f) time spent on such leave for more than three (3) months
shall not be counted for pay increment purposes;
**
(g) time spent on such leave for a period of three (3) months or
less, shall be counted for pay increment purposes.
17.12
Leave With Pay for Family-Related Responsibilitie
**
(a) For the purpose of this clause, family is defined as spouse
(or common-law partner resident with the employee), children (including foster
children, children of legal or common-law partner), parents (including
stepparents or foster parents), or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
**
(b) The Employer shall grant leave with pay under the following
circumstances:
(i) an employee is expected to make every reasonable effort
to schedule medical or dental appointments for family members to minimize or
preclude his absence from work; however, when alternate arrangements are not
possible an employee shall be granted leave for a medical or dental
appointment when the family member is incapable of attending the appointment
by himself, or for appointments with appropriate authorities in schools or
adoption agencies. An employee requesting leave under this provision must
notify his supervisor of the appointment as far in advance as possible;
(ii) to provide for the immediate and temporary care of a
sick or elderly member of the employee's family and to provide an employee
with time to make alternate care arrangements where the illness is of a
longer duration;
(iii) leave with pay for needs directly related to the birth
or to the adoption of the employee's child.
**
(c) The total leave with pay which may be granted under
sub-clauses 17.12(b)(i), (ii) and (iii) shall not exceed five (5) days in a
fiscal year.
**
(d) After the completion of one (1) year's continuous employment
in the Public Service, and providing an employee gives the Employer at least
five (5) days' notice, the employee shall be granted five (5) days' marriage
leave with pay for the purpose of getting married.
**
18.01 General
The parties recognize that in order to maintain and enhance
professional expertise, employees, from time to time, need to have an
opportunity to attend or participate in career development activities described
in this Article. Career development refers to an activity which is in the
opinion of the Employer, likely to be of assistance to the individual in
furthering his career development and to the organization in achieving its
goals.
**
18.02 Attendance at Conferences, Conventions and Courses
(a) The following activities shall be deemed to be part of
career development:
(i) a course given by the Employer;
(ii) a course offered by a recognized academic institution;
(iii) a seminar, convention or study session in a
specialized field directly related to the employee's work.
(b) The parties to this Agreement recognize that attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high
professional standards.
(c) In order to benefit from an exchange of knowledge and
experience, an employee shall have the opportunity on occasion to attend
conferences and conventions which are related to his field of specialization,
subject to operational constraints.
(d) The Employer may grant leave with pay and reasonable
expenses including registration fees to attend such gatherings, subject to
budgetary and operational constraints.
(e) An employee who attends a conference or convention at the
request of the Employer to represent the interests of the Employer shall be
deemed to be on duty and, as required, in travel status. The Employer shall pay
the registration fees of the convention or conference the employee is required
to attend.
(f) An employee invited to participate in a conference or
convention in an official capacity, such as to present a formal address or to
give a course related to his field of employment, may be granted leave with pay
for this purpose and may, in addition, be reimbursed for his payment of
convention or conference registration fees and reasonable travel expenses.
(g) An employee shall not be entitled to any compensation under
Articles 9, Overtime, and 13, Travelling Time, in respect of hours the employee
is in attendance at or travelling to or from a conference or convention under
the provisions of this clause, except as provided by paragraph (d).
**
18.03 Education Leave Without Pay
(a) An employee may be granted education leave without pay for
varying periods up to one (1) year, which can be renewed by mutual agreement, to
attend a recognized institution for additional or special studies in some field
of education in which special preparation is needed to enable him to fill his
present role more adequately, or to undertake studies in some field in order to
provide a service which the Employer requires or is planning to provide.
(b) An employee on Education Leave without pay under this clause
shall receive an allowance in lieu of salary of up to one hundred per cent
(100%) of his basic salary. The percentage of the allowance is at the discretion
of the Employer. Where the employee receives a grant, bursary or scholarship,
the education leave allowance may be reduced. In such cases, the amount of the
reduction shall not exceed the amount of the grant, bursary or scholarship.
(c) Allowances already being received by the employee may, at
the discretion of the Employer, be continued during the period of the education
leave. The employee shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
(d) As a condition to the granting of education leave, an
employee shall, if required, give a written undertaking prior to the
commencement of the leave to return to the service of the Employer for a period
of not less than the period of the leave granted. If the employee, except with
the permission of the Employer:
(i) fails to complete the course,
(ii) does not resume employment with the Employer on
completion of the course,
or
(iii) ceases to be employed, except by reason of death or
lay-off, before termination of the period he has undertaken to serve after
completion of the course,
he shall repay the Employer all allowances paid to him under
this clause during the education leave or such lesser sum as shall be
determined by the Employer.
19.01
**
(f) Termination for Cause for Reasons of Incapacity or
Incompetence
(i) When an employee has completed more than one (1) year of
continuous employment and ceases to be employed by reason of termination for
cause for reasons of incapacity, pursuant to sections 12(1)(d) and 12(1)(e) of
the Financial Administration Act, one (1) week's pay for each complete
year of continuous employment and, in the case of a partial year of continuous
employment, one (1) week's pay multiplied by the number of days of continuous
employment divided by three hundred and sixty-five (365), to a maximum of
twenty-eight (28) weeks.
(ii) When an employee has completed more than ten (10) years
of continuous employment and ceases to be employed by reason of termination
for cause for reasons of incompetence, pursuant to the provisions of sections
12(1)(d) and 12(1)(e) of the Financial Administration Act, one (1)
week's pay for each complete year of continuous employment and, in the case of
a partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and
sixty-five (365), with a maximum benefit of twenty-eight (28) weeks.
**
20.01 If, during the term of this Agreement, a new
classification standard is established and implemented by the Employer, the
Employer shall, before applying rates of pay to the new levels resulting from
the application of the standard, negotiate with the Institute the rates of pay
and the rules affecting the pay of employees on their movement to the new
levels.
**
21.03 When the payment of such fees is not a
requirement for the continuation of the performance of the duties of an
employee's position, but eligibility for a professional accounting designation
from one of these associations is a qualification specified in the Standards for
Selection and Assessment for the Auditing group, the Employer shall reimburse
the employee for his annual membership fees paid to one of the associations
referred to in clause 21.02 to a maximum of one thousand ($1,000).
**
23.01 The parties have agreed that in cases where as
a result of technological change the services of an employee are no longer
required beyond a specified date because of lack of work or the discontinuance
of a function, the Work Force Adjustment agreement in Appendix B will apply. In
all other cases the following will apply.
**
26.04 An employee who satisfies the Employer to the
extent that he declares in an affidavit that he is a member of a religious
organization registered pursuant to the Income Tax Act, whose doctrine
prevents him as a matter of conscience from making financial contributions to an
employee organization and that he will make contributions to a charitable
organization equal to dues, shall not be subject to this Article, provided that
the affidavit submitted by the employee shows the registered number of the
religious organization and is countersigned by an official representative of the
religious organization involved. A copy of the affidavit will be provided to the
Institute.
**
28.04 The Employer agrees to distribute to each new
employee an information package prepared and supplied by the Institute. Such
information package shall require the prior approval of the Employer. The
Employer shall have the right to refuse to distribute any information that it
considers adverse to its interests or to the interests of any of its
representatives.
**
29.01 The Employer acknowledges the exclusive right
of the Institute to appoint or otherwise select employees as representatives.
**
29.05 The Institute shall have the opportunity to
have an employee representative introduced to new employees as part of the
Employer's formal orientation programs, where they exist.
**
34.02 The parties recognize the value of informal
discussion between employees and their supervisors to the end that problems
might be resolved without recourse to a formal grievance. When an employee,
within the time limits prescribed in clause 34.11, gives notice that the
employee wishes to take advantage of this clause, it is agreed that the period
between the initial discussion and the final response shall not count as elapsed
time for the purpose of grievance time limits.
**
35.03 The following directives, policies or
regulations, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this Collective Agreement:
(1) Foreign Service Directives
(2) Government Travel and Living Accommodations Directive
(3) Isolated Posts and Government Housing Directive
(4) Memorandum of Understanding on Definition of Spouse
(5) Integrated Relocation Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Directive
(8) Public Service Health Care Plan Directive
(9) Uniforms Directive
Occupational Safety and Health
(10) Boiler and Pressure Vessels Directive
(11) Hazardous Substances Directive
(12) Electrical Directive
(13) Elevating Devices Directive
(14) First Aid Safety and Health Directive
(15) First Aid Allowance Directive
(16) Tools and Machinery Directive
(17) Hazardous Confined Spaces Directive
(18) Materials Handling Safety Directive
(19) Motor Vehicle Operations Directive
(20) Noise Control and Hearing Conservation Directive
(21) Personal Protective Equipment and Clothing Directive
(22) Pesticides Directive
(23) Elevated Work Structures Directive
(24) Use and Occupancy of Buildings Directive
(25) Sanitation Directive
(26) Refusal to Work Directive
(27) Committees and Representatives Directive
During the term of this Collective Agreement, other directives,
policies or regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or
regulations shall be filed in accordance with clause 34.01 of the Article on
grievance procedure in this Collective Agreement.
**
36.05 The Institute shall notify the Employer in
writing of the representatives authorized to act on behalf of the Institute for
consultation purposes.
**
37.02 Where an employee is required to attend a
meeting on disciplinary matters the employee is entitled to have a
representative of the Institute attend the meeting when the representative is
readily available. Where practicable, the employee shall receive a minimum of
two (2) working day's notice of such meeting.
**
40.05 When a report pertaining to an employee's
performance or conduct is placed on that employee's personnel file, the employee
concerned shall be given an opportunity to:
(a) sign the report in question to indicate that its contents
have been read,
and
(b) submit such written representation as the employee may deem
appropriate concerning the report and to have such written representations
attached to the report.
General
**
44.02 The Penological Factor Allowance is used to
provide additional compensation to an incumbent of a position who, by reason of
duties being performed in a penitentiary, as defined in the Corrections and
Conditional Release Act as amended from time to time, assumes additional
responsibilities for the custody of inmates other than those exercised by the
Correctional Group.
**
44.03 The payment of the allowance for the Custody of
Inmates is determined by the designated security level of the penitentiary as
determined by the Correctional Service of Canada. For those institutions with
more than one (1) designated security level (i.e. multi-level institutions), the
PFA shall be determined by the highest security level of the institution.
**
Amount of PFA
44.04 Penological Factor Allowance
| Designated Security level of the Penitentiary |
| Maximum |
Medium |
Minimum |
| ($2,000) |
($1,000) |
($600) |
**
44.06 The applicability of PFA to a position and the
position's level of PFA entitlement, shall be determined by the Employer
following consultation with the Institute.
**
44.08 Except as provided in clause 44.09 below, PFA
shall be adjusted when the incumbent of a position to which PFA applies, is
appointed or assigned duties in another position to which a different level of
PFA applies, regardless of whether such appointment or assignment is temporary
or permanent, and for each month in which an employee performs duties in more
than one position to which PFA applies, he shall receive the higher allowance,
provided he has performed duties for at least ten (10) days as the incumbent of
the position to which the higher allowance applies.
**
44.09 When the incumbent of a position to which PFA
applies, is temporarily assigned a position to which a different level of PFA,
or no PFA, applies, and when the employee's basic monthly pay entitlement in the
position to which he is temporarily assigned, plus PFA, if applicable, would be
less than his basic monthly pay entitlement plus PFA in his regular position,
the employee shall receive the PFA applicable to his regular position.
**
45.05
Rates of Pay
(a) The rates of pay set forth in Appendix "A" shall
become effective on the dates specified.
(b) Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of this Agreement, the
following shall apply:
(i) "retroactive period" for the purpose of
subparagraphs (ii) to (v) means the period from the effective date of the
revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefor;
(ii) a retroactive upward revision in rates of pay shall
apply to employees, former employees or in the case of death, the estates of
former employees who were employees in the groups identified in Article 1 of
this Agreement during the retroactive period;
(iii) for initial appointments made during the retroactive
period, the rate of pay selected in the revised rates of pay is the rate
which is shown immediately below the rate of pay being received prior to the
revision;
(iv) for promotions, demotions, deployments, transfers or
acting situations effective during the retroactive period, the rate of pay
shall be recalculated, in accordance with the Public Service Terms and
Conditions of Employment Regulations, using the revised rates of pay. If the
recalculated rate of pay is less than the rate of pay the employee was
previously receiving, the revised rate of pay shall be the rate, which is
nearest to, but not less than the rate of pay being received prior to the
revision. However, where the recalculated rate is at a lower step in the
range, the new rate shall be the rate of pay shown immediately below the
rate of pay being received prior to the revision;
(v) no payment or no notification shall be made pursuant to
paragraph 45.05(b) for one dollar ($1.00) or less.
**
48.01 The duration of this Collective Agreement shall
be from the date it is signed to June 21, 2007.
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