1.01 The parties to this Agreement share a desire to
improve the quality of the career foreign service within the Public Service of
Canada, to maintain and enhance the professional standards of Foreign Service
officers to the end that the people and Government of Canada will be well and
effectively served in the furtherance of Canada's national interests in Canada
and abroad. Accordingly, they are determined to establish within the framework
provided by law an effective working relationship.
1.02 The purpose of this Agreement is to maintain
harmonious and mutually beneficial relationships between the Employer, the
Association and the career foreign service employees it represents, and to set
forth certain terms and conditions of employment relating to remuneration,
employee benefits and general working conditions affecting employees covered by
this Agreement.
1.03 The Employer will retain all the functions,
rights, powers and authority not specifically abridged or modified by this
Agreement.
1.04 Nothing in this Agreement shall be construed as
an abridgement or restriction of any employee's constitutional rights or of any
right expressly conferred in an Act of the Parliament of Canada.
2.01 For the purpose of this Agreement:
"Association" means the Professional Association
of Foreign Service Officers (Association),
"bargaining agent" means the Professional
Association of Foreign Service Officers (agent négociateur),
"bargaining unit" means the employees of the
Employer in the Foreign Service Group as described in the certificate issued by
the Public Service Staff Relations Board on March 11, 1968 as amended on May 10,
1999 (unité de négociation),
**
"common-law partner" refers to a person living in
a conjugal relationship with an employee for a continuous period of at least one
(1) year (conjoint de fait),
"continuous employment" has the same meaning as
specified in the Public Service Terms and Conditions of Employment
Regulations (emploi continu),
"daily rate of pay" means an employee's weekly
rate of pay divided by five (5) (taux de rémunération journalier),
"double time" means twice (2) the straight-time
hourly rate (tarif double),
"employee" means a person who is a member of the
bargaining unit (fonctionnaire),
"Employer" means Her Majesty in right of Canada as
represented by the Treasury Board, and includes any person authorized to
exercise the authority of the Treasury Board (Employeur),
"hourly rate of pay" means an employee's daily
rate of pay divided by seven decimal five (7.5) (taux de rémunération
horaire),
**
"overtime" (heures supplémentaires) means:
(a) in the case of a full-time employee, authorized work
performed in excess of his scheduled hours of work,
or
(b) in the case of a part-time employee, authorized work
performed in excess of seven decimal five (7.5) hours per day or thirty-seven
decimal five (37.5) hours per week but does not include time worked on a
holiday,
or
(c) for any employee whose normal scheduled hours of work are in
excess of seven decimal five (7.5) hours per day, authorized work performed in
excess of those normal scheduled daily hours or an average of thirty-seven
decimal five (37.5) hours per week,
**
"part-time employee" means an employee whose
normal scheduled hours of work on average are less than thirty-seven decimal
five (37.5) hours per week, but not less than those prescribed in the Public
Service Labour Relations Act (fonctionnaire à temps partiel),
"spouse" will, when required, be interpreted to
include "common-law partner" except, for the purposes of the Foreign
Service Directives, in which case the definition of "spouse" will
remain as specified in Directive 2 of the Foreign Service Directives (époux),
"time and one-half" means one and one-half (1 1/2)
times the straight-time (tarif et demi),
"weekly rate of pay" means an employee's annual
rate of pay divided by 52.176 (taux de rémunération hebdomadaire).
2.02 Except as otherwise provided in this Agreement,
expressions used in this Agreement:
(a) if defined in the Public Service Labour Relations Act,
have the same meaning as given to them in the Public Service Labour Relations
Act,
(b) if defined in the Interpretation Act, but not defined
in the Public Service Labour Relations Act, have the same meaning as
given to them in the Interpretation Act,
and
(c) if defined in the Public Service Terms and Conditions of
Employment Regulations but not defined in either the Public Service
Labour Relations Act or the Interpretation Act, have the same meaning
as given to them in the Public Service Terms and Conditions of Employment
Regulations as they are amended from time to time.
2.03 The parties to this Agreement share a desire to
eliminate sexual stereotyping from all government communications and, to this
end, have agreed to give equal importance to both sexes in alternating the use
of the feminine and masculine genders in the wording of this Agreement.
Therefore, unless otherwise indicated by the context, what is formulated in the
feminine gender includes the masculine and vice versa.
2.04 The English and French texts of this
Agreement are equally authentic.
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