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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
PART 1 - GENERAL
ARTICLE 2
INTERPRETATION AND DEFINITIONS
2.01 For the purpose of this Agreement:
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(b) "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).
PART 2 - WORKING CONDITIONS
ARTICLE 7
HOURS OF WORK
7.05 For an employee who completes required hours of work pursuant to clause 7.04, the agreement
shall be administered as follows:
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(c) Article 13, Travelling Time
On a normal work day, overtime compensation referred to in paragraph 13.04(b) shall only be applicable for hours in
excess of the employee's scheduled daily hours of work.
7.06 Shift Work
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(b) obtain at least two (2) consecutive days of rest at any one time, except when days of rest are separated by a
designated paid holiday which is not worked; the consecutive days of rest may be in separate calendar weeks.
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7.08 The Employer will make every reasonable effort:
(a) not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's
previous shift;
(b) to avoid excessive fluctuation in hours of work;
(c) to post shift schedules at least twenty-one (21) days in advance.
**
7.18 Shift Principle
(a) When a full-time employee is required to attend one of the following proceedings outside a period which extends
before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would be eligible
for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled between 7 a.m. and
6 p.m.; such request will be granted provided there is no increase in cost to the Employer. In no case will the
employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest
between the time his or her attendance was no longer required at the proceeding and the beginning of his or her next
scheduled work period.
(i) Public Service Staff Relations Board Proceedings
Clauses 29.01 and 29.02.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 29.05 and 29.06.
(iii) Personnel Selection Process
Clause 17.14.
(iv) Training Courses which the employee is required to attend by the Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (iv) are not subject to the condition that
there be no increase in cost to the Employer.
ARTICLE 8
OVERTIME
8.01 An employee at Level CS-1, 2, 3 and 4 who is required to work overtime shall be compensated as
follows:
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(f) No employee will be required to work more than twenty-four (24) continuous hours. An employee who works sixteen
(16) or more continuous hours shall receive a rest of at least twelve (12) hours before reporting back to work.
8.02 Meal Allowance
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(a) An employee who works three (3) or more hours of overtime before or immediately following his normal hours of
work shall be reimbursed his expenses for one (1) meal in the amount of ten dollars and fifty cents ($10.50) except
where free meals are provided.
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(b) When an employee works overtime continuously extending beyond the period provided in (a) above, the employee
shall be reimbursed for one (1) additional meal in the amount of ten dollars and fifty cents ($10.50) for each
additional four (4)-hour period of overtime worked thereafter, except where free meals are provided.
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8.10 Equitable Distribution of Overtime
Subject to the operational requirements of the service, the Employer shall make every reasonable effort to allocate
overtime work on an equitable basis among readily available qualified employees.
ARTICLE 11
SHIFT AND WEEKEND PREMIUMS
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11.01 Shift Premium
An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours (including
overtime hours) worked between 16:00 and 08:00 hours. The shift premium will not be paid for hours worked between 08:00
and 16:00 hours.
11.02 Weekend Premium
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(a) Employees shall receive an additional premium of two dollars ($2.00) per hour for work on a Saturday and/or
Sunday for hours worked as stipulated in paragraph 11.02(b) below.
ARTICLE 13
TRAVELLING TIME
13.04 If an employee is required to travel as set forth in clauses 13.02 and 13.03:
(b) On a normal working day on which he travels and works, the employee shall be paid:
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(i) his regular pay for the day for a combined period of travel and work not exceeding seven and half (7 1/2)
hours;
and
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(ii) at the applicable overtime rate for additional travel time in excess of a seven and half (7 1/2) hour period of
work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the
straight-time rate in any day.
**
13.08 Travel Leave Status
(a) An employee who is required to travel outside his or her headquarters area on government business, as these
expressions are defined by the Employer, and is away from his or her permanent residence for forty (40) nights during a
fiscal year shall be granted one (1) day off with pay. The employee shall be credited with one (1) additional day off
for each additional twenty (20) nights that the employee is away from his or her permanent residence to a maximum of
eighty (80) additional nights.
(b) The maximum number of days off earned under this clause shall not exceed five (5) days in a fiscal year and
shall accumulate as compensatory leave with pay.
(c) This leave with pay is deemed to be compensatory leave and is subject to paragraphs 8.08(a) and (b).
(d) The provisions of this clause do not apply when the employee travels to attend courses, training sessions,
professional conferences and seminars unless the employee is required to attend by the Employer.
ARTICLE 15
VACATION LEAVE
15.02 Accumulation of Vacation Leave Credits
(a)
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(iii) thirteen point seven five (13.75) hours at his straight-time hourly rate for each month commencing with the
month in which his sixteenth (16th) anniversary of service occurs;
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(vi) sixteen point eight seven five (16.875) hours at his straight-time hourly rate commencing with the month in
which his twenty-seventh (27th) anniversary of service occurs;
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(vii) eighteen point seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month
in which the employee's twenty-eighth (28th) anniversary of service occurs.
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15.05 Provision for Vacation Leave
(a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.
(b) The Employer reserves the right to schedule an employee's vacation leave but shall make every reasonable
effort:
(i) to provide an employee's vacation leave in an amount and at such time as the employee may request;
(ii) not to recall an employee to duty after he has proceeded on vacation leave;
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15.06 The Employer shall give the employee as much notice as is practicable that a request for
vacation or furlough leave has or has not been approved, denied, altered or cancelled. In the case of denial,
alteration or cancellation, the Employer shall give the written reason(s) thereof, upon written request from the
employee.
**
15.17 Appointment to a Separate Employer
Notwithstanding clause 15.13, an employee who resigns to accept an appointment with an organization listed in Part
II of Schedule I of the Public Service Staff Relations Act may choose not to be paid for unused vacation and
furlough leave credits, provided that the appointing organization will accept such credits.
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15.18 Appointment from a Separate Employer
The Employer agrees to accept the unused vacation and furlough leave credits up to a maximum of thirty-five (35)
days of an employee who resigns from an organization listed in Part II of Schedule I of the Public Service Staff
Relations Act in order to take a position with the Employer if the transferring employee is eligible and has
chosen to have these credits transferred.
ARTICLE 16
SICK LEAVE
16.01 Credits
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(a) An employee shall earn sick leave credits at the rate of nine decimal three hundred seventy five (9.375) hours
for each calendar month for which the employee receives pay for at least seventy five (75) hours.
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(b) A shift worker shall earn additional sick leave credits at the rate of one decimal twenty-five (1.25) hours for
each calendar month during which he or she works shifts and he or she receives pay for at least seventy five (75)
hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has
already used one hundred twelve decimal five (112.5) hours sick leave credits during the current fiscal year.
**
16.06 Advance of Credits
Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions
of clause 16.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of
up to one hundred eighty seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any
sick leave credits subsequently earned.
ARTICLE 17
OTHER LEAVE WITH OR WITHOUT PAY
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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 residing with the employee), child
(including child of common-law partner) stepchild or ward of the employee, grandparent, grandchild, father-in-law,
mother-in-law, and relative permanently residing in the employee's household or with whom the employee permanently
resides.
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(b) An employee is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death
of his son-in-law, daughter-in-law, brother-in-law or sister-in-law.
17.03 Maternity Leave without Pay
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(B) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her
absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of
absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot
be given.
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17.09 Leave without Pay for the Care of Immediate Family
Subject to operational requirements, an employee shall be granted leave without pay for family-related needs in
accordance with the following conditions:
(a) For the purpose of this clause, immediate 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
step-parents or foster parent) or any relative permanently residing in the employee's household or with whom the
employee permanently resides.
(b) Subject to paragraph (a), up to five (5) years leave without pay during an employee's total period of employment
in the Public Service may be granted for the personal long-term care of the employee's family. Leave granted under this
paragraph shall be for a minimum period of three (3) weeks.
(c) An employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks
in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such
notice cannot be given;
(d) leave granted under this clause for a period of more than three (3) months shall be deducted from the
calculation of continuous employment for the purposes of calculating severance pay and from the calculation of service
for the purposes of calculating vacation leave;
(e) time spent on such leave shall not be counted for pay increment purposes.
17.12 Leave with Pay for Family-related Responsibilities
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(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 step-parents or
foster parents); or any relative permanently residing in the employee's household or with whom the employee permanently
resides.
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17.17 Volunteer Leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5)
working days, the employee shall be granted, in each fiscal year, seven point five (7.5) hours of leave with pay to
work as a volunteer for a charitable or community organization or activity, other than for activities related to the
Government of Canada Workplace Charitable Campaign.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such times as the employee may request.
**
17.18 Personal Leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5)
working days, the employee shall be granted, in each fiscal year, seven point five (7.5) hours of leave with pay for
reasons of a personal nature.
The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer
shall make every reasonable effort to grant the leave at such times as the employee may request.
ARTICLE 18
CAREER DEVELOPMENT
18.03 Attendance at Conferences, Conventions and Courses
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(a) Career development refers to an activity which is, in the opinion of the Employer, likely to be of assistance to
the employee in furthering career development and to the organization in achieving its goals. 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.
18.05
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(b) The parties to this Collective Agreement acknowledge the mutual benefits to be derived from consultation on
career development. To this effect, the issue of career development will be a standing item for discussion at all
levels, where regular Joint Consultation meetings occur (as per Article 35, Joint Consultation).
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18.07 Joint Institute/Treasury Board Career Development Committee
(a) In addition to consultation on career development at the departmental level referred to in clause 18.05, the
representatives of the Employer and the Institute agree to establish a joint Institute/Treasury Board Career
Development Committee. Topics addressed shall include, but are not limited to type, frequency, access and adequacy of
career development.
(b) In establishing this committee, it is understood by the parties that Departments are responsible for the
application of the policies related to Career Development.
(c) It is understood that no commitment may be made by either party on a subject that is not within their authority
or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this
Agreement.
ARTICLE 23
TECHNOLOGICAL CHANGE
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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 "F" concluded by the parties will apply. In all other
cases, the following clauses will apply.
PART 3 - STAFF RELATIONS MATTERS
ARTICLE 26
USE OF EMPLOYER FACILITIES
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26.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made available to
the Institute for the posting of official notices in convenient locations determined by the Employer and the Institute.
Notices or other material shall require the prior approval of the Employer, except notices relating to the business
affairs of the Institute, including the names of the Institute representatives, and social and recreational events. The
Employer shall have the right to refuse the posting of any information that it considers adverse to its interests or to
the interests of any of its representatives. Such approval shall not be unreasonably withheld.
ARTICLE 28
STEWARDS
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28.01 The Employer acknowledges the exclusive right of the Institute to appoint stewards from
amongst the members of the bargaining unit for which the Institute is the certified bargaining agent.
ARTICLE 34
NATIONAL JOINT COUNCIL AGREEMENTS
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34.03 The following directives, policies or regulations, as amended from time to time by NJC
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 the Definition of 'Spouse'
(5) NJC Relocation - IRP Directive
(6) Commuting Assistance Directive
(7) Bilingualism Bonus Policy 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
ARTICLE 35
JOINT CONSULTATION
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35.02 The subjects that may be determined as appropriate for joint consultation will be by mutual
agreement of the parties with the exception of career development which will be a standing item for discussion at all
levels of the Joint Consultation meetings. Consultation may be at the local, regional or national level as determined
by the parties.
ARTICLE 36
STANDARDS OF DISCIPLINE
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36.01 Where written departmental Standards of Discipline are developed or amended, the Employer
agrees to supply sufficient information on the Standards of Discipline to each employee and to the Institute.
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36.03 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 in writing a minimum of two (2) working days notice of such meeting.
PART 4 - OTHER TERMS AND CONDITIONS
ARTICLE 37
PART-TIME EMPLOYEES
Vacation Leave
37.09 A part-time employee shall earn vacation leave credits for each month in which the employee
receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of
employment established in clause 15.02, prorated and calculated as follows:
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(c) when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of
hours in the employee's work week per month;
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(f) when the entitlement is sixteen decimal eight seven five (16.875) hours a month, .450 multiplied by the number
of hours in the employee's work week per month;
**ARTICLE 40
PENOLOGICAL FACTOR ALLOWANCE
General
A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in
the Correctional Service Canada, subject to the following conditions.
40.01 The Penological Factor Allowance (PFA) 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 Penitentiary
Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those
exercised by the Correctional Group, and is exposed to immediate hazards of physical injury by assault and other
disagreeable conditions.
40.02 Degrees of Exposure
The factor recognizes the differences between maximum, medium and minimum security penal institutions, as designated
by the Employer, and distinguishes between continual, frequent and limited degrees of exposure, as follows:
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Continual
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means fulfilment of the conditions described in clause 40.01 above throughout the working day and recurring
daily.
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Frequent
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means fulfilment of the conditions described in clause 40.01 above for part or parts of the working day and
generally recurring daily.
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Limited
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means fulfilment of the conditions described in clause 40.01 above on an occasional basis.
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40.03 Penological Factor
The value of X is set at two thousand dollars ($2,000) per annum. This allowance shall be paid on the same basis as
that for the employee's regular pay.
Amount of PFA
40.04 Formula
The payment of the allowance for the Penological Factor is determined by the following formula:
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Penological Factor (X)
Type of Institution
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Degree of
Contact
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Maximum
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Medium
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Minimum
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Continual
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100%
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X
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($2,000)
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50%
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X
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($1,000)
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30%
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X
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($600)
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Frequent
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50%
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X
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($1,000)
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30%
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X
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($600)
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20%
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X
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($400)
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Limited
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30%
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X
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($600)
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20%
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X
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($400)
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10%
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X
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($200)
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40.05 Application of PFA
Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned
to, Correctional Staff Colleges, Regional Headquarters and National Headquarters, when the conditions described in
clause 40.01 above are applicable.
40.06 The applicability of PFA to a position and the position's degree of PFA entitlement shall be
determined by the Employer following consultation with the bargaining agent.
40.07 Except as prescribed in clause 40.10 below, an employee shall be entitled to receive PFA for
any month in which he receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.
40.08 Except as provided in clause 40.09 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 degree of PFA
applies, regardless of whether such appointment or assignment is temporary or permanent. For each month in which an
employee performs duties in more than one (1) 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.
40.09 When the incumbent of a position to which PFA applies is temporarily assigned to a position
to which a different degree 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, he shall receive the PFA applicable to his regular position.
40.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his
regular position:
(a) during any period of paid leave up to a maximum of sixty (60) consecutive calendar days;
or
(b) during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an
injury resulting from an act of violence from one or more inmates.
40.11 PFA shall not form part of an employee's salary except for the purposes of the following
benefit plans:
Public Service Superannuation Act
Public Service Disability Insurance Plan
Canada Pension Plan
Quebec Pension Plan
Employment Insurance Act
Government Employees Compensation Act
Flying Accidents Compensation Regulations
40.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to
PFA, the PFA benefits accruing to him or his estate shall be determined in accordance with the PFA entitlement for the
month preceding such disablement or death.
PART 5 - PAY AND DURATION
ARTICLE 47
PAY ADMINISTRATION
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47.03
(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 bargaining unit 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 47.03 (b) for one dollar ($1.00) or less.
**
47.06
(a) Each pay increment period for all employees of levels CS-1 to CS-5 inclusive shall be twelve (12) months.
(b) The pay increment date for an employee appointed on or after December 2, 1997, to a position in the bargaining
unit on promotion, demotion, or appointment from outside the Public Service shall be the anniversary date of such
appointment.
(c) For employees appointed prior to December 2, 1997, their anniversary date will be the date on which the employee
received his last pay increment.
**
47.08 This Article is subject to the Memorandum of Understanding signed by the Employer and the
Professional Institute of the Public Service of Canada dated July 21, 1982 in respect of red-circled employees.
ARTICLE 49
DURATION
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49.01 The duration of this Collective Agreement shall be from the date it is signed to December 21,
2004.
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