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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
32.01 Public Service Staff Relations Board Hearings
Complaints Made to the Public Service Staff Relations Board Pursuant to Section 23 of the Public Service Staff
Relations Act
Where operational requirements permit the Employer will grant leave with pay:
(a) to an employee who makes a complaint on their own behalf before the Public Service Staff Relations Board,
and
(b) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute
making a complaint.
32.02 Applications for Certification, Representations and Interventions With Respect to Applications for
Certification
Where operational requirements permit, the Employer will grant leave without pay:
(a) to an employee who represents the Institute in an application for certification or in an intervention,
and
(b) to an employee who makes personal representations with respect to a certification.
32.03 Employee Called as a Witness
The Employer will grant leave with pay:
(a) to an employee called as a witness by the Public Service Staff Relations Board,
and
(b) where operational requirements permit, to an employee called as a witness by an employee or the Institute.
32.04 Arbitration Board, Conciliation Board Hearings and Alternative Dispute Resolution Process
Where operational requirements permit, the Employer will grant leave with pay to an employee representing the
Institute before an Arbitration Board, Conciliation Board or an Alternative Dispute Resolution Process.
32.05 Employee Called as a Witness
The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Conciliation
Board or an Alternative Dispute Resolution Process and, where operational requirements permit, leave with pay to an
employee called as a witness by the Institute.
32.06 Adjudication
Where operational requirements permit, the Employer will grant leave with pay to an employee who is:
(a) a party to an adjudication,
or
(b) the representative of an employee who is a party to an adjudication,
or
(c) a witness called by an employee who is party to an adjudication.
32.07 Meetings during the Grievance Process
Employee Presenting Grievance
Where operational requirements permit, the Employer will grant to an employee:
(a) where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when
the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the
headquarters area of such employee;
and
(b) where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee
when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held
outside the headquarters area of such employee.
32.08 Employee Who Acts as Representative
Where an employee wishes to represent at a meeting with the Employer, an employee who has presented a grievance, the
Employer will, where operational requirements permit, grant leave with pay to the representative when the meeting is
held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters
area of such employee.
32.09 Grievance Investigations
Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a
grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the
employee and the representative of the employee will, where operational requirements permit, be given reasonable leave
with pay for this purpose when the discussion takes place in the headquarters area of such employee and leave without
pay when it takes place outside the headquarters area of such employee.
32.10 Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of
attending contract negotiations meetings on behalf of the Institute.
32.11 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend
preparatory contract negotiations meetings.
32.12 Meetings between the Institute and Management
Where operational requirements permit, the Employer will grant leave with pay to an employee to attend meetings with
management on behalf of the Institute.
32.13 Institute Meetings and Conventions
Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings
and conventions provided in the Constitution and By-Laws of the Institute.
32.14 Stewards Training Courses
(a) Where operational requirements permit, the Employer will grant leave without pay to employees appointed as
Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.
(b) Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Stewards
by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.
33.01 The Employer will continue past practice in giving all reasonable consideration to continued employment
in the Public Service of employees who would otherwise become redundant because work is contracted out.
34.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or
article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve
the problem. This Article does not prevent an employee from availing himself or herself of the grievance procedure
provided in this Agreement.
35.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the
National Joint Council of the Public Service on items which may be included in a Collective Agreement and which the
parties to this Agreement have endorsed, the grievance procedure will be in accordance with Part 14 of the NJC
by-laws.
35.02 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 35.10, 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 In determining the time within which any action is to be taken as prescribed in this procedure,
Saturdays, Sundays and designated paid holidays shall be excluded.
35.04 An employee who wishes to present a grievance at any prescribed step in the grievance procedure, shall
transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:
(a) forward the grievance to the representative of the Employer authorized to deal with grievances at the
appropriate step,
and
(b) provide the employee with a receipt stating the date on which the grievance was received.
35.05 A grievance of an employee shall not be deemed to be invalid by reason only of the fact that it is not
in accordance with the form supplied by the Employer.
35.06 Subject to and as provided in Section 91 of the Public Service Staff Relations Act, an employee
who feels unjustly treated or aggrieved by an action or lack of action by the Employer in matters other than those
arising from the classification process is entitled to present a grievance in the manner prescribed in clause 35.04,
except that:
(a) where there is another administrative procedure provided by or under any Act of Parliament to deal with the
employee's specific complaint such procedure must be followed,
and
(b) where the grievance relates to the interpretation or application of this Collective Agreement or an Arbitral
Award, the employee is not entitled to present the grievance unless the employee has the approval of and is represented
by the Institute.
35.07 There shall be no more than a maximum of four (4) steps in the grievance procedure. These steps shall
be as follows:
(a) Step 1 - first (1st) level of management;
(b) Steps 2 and 3 in departments or agencies where such steps are established - intermediate step(s);
(c) Final Step - Chief Executive or Deputy Head or his authorized representative.
35.08 The Employer shall designate a representative at each step in the grievance procedure and shall inform
each employee to whom the procedure applies of the name or title of the person so designated together with the name or
title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented.
This information shall be communicated to employees by means of notices posted by the Employer in places where such
notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise
as determined by agreement between the Employer and the Institute.
35.09 An employee who so desires may be assisted and/or represented by the Institute when presenting a
grievance at any step. The Institute shall have the right to consult with the Employer with respect to a grievance at
each or any step of the grievance procedure.
35.10 An employee may present a grievance to the first (1st) step of the procedure in the manner
prescribed in clause 35.04, not later than the twenty-fifth (25th) day after the date on which the employee
is notified orally or in writing or on which the employee first becomes aware of the action or circumstances giving
rise to the grievance.
35.11 An employee may present a grievance at each succeeding step in the grievance procedure beyond the
first (1st) step either:
(a) where the decision or settlement is not satisfactory to the employee, within ten (10) days after that decision
or settlement has been conveyed in writing to the employee by the Employer,
or
(b) where the Employer has not conveyed a decision to the employee within the time prescribed in clause 35.12,
within fifteen (15) days after the employee presented the grievance at the previous step.
35.12 The Employer shall normally reply to an employee's grievance at any step of the grievance procedure,
except the final step, within ten (10) days after the grievance is presented, and within twenty (20) days where the
grievance is presented at the final step.
35.13 Where an employee has been represented by the Institute in the presentation of his grievance, the
Employer will provide the appropriate representative of the Institute with a copy of the Employer's decision at each
step of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.
35.14 Where a grievance has been presented up to and including the final step in the grievance process, and
the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final step in
the grievance process is final and binding and no further action may be taken under the Public Service Staff
Relations Act.
35.15 Where the provisions of clause 35.04 cannot be complied with and it is necessary to present a grievance
by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be
deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or
agency concerned. Similarly, the Employer shall be deemed to have delivered a reply at any step on the date on which
the letter containing the reply is postmarked, but the time limit within which the grievor may present the grievance at
the next higher step shall be calculated from the date on which the Employer's reply was delivered to the address shown
on the grievance form.
35.16 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer
and the employee and, where appropriate the Institute representative, except as provided in clause 35.18.
35.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a
particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer
and the employee, and, where applicable, the Institute.
35.18 Where the Employer demotes or terminates an employee for cause, the grievance procedure set forth in
this Agreement shall apply except that:
(a) the grievance may be presented at the final step only,
and
(b) the twenty (20) day time limit within which the Employer is to reply at the final step may be extended to a
maximum of forty (40) days by mutual agreement of the Employer and the appropriate representative of the Institute.
35.19 An employee may by written notice to the employee's immediate supervisor or officer-in-charge abandon a
grievance.
35.20 Any employee who fails to present a grievance to the next higher step within the prescribed time limits
shall be deemed to have abandoned the grievance unless, due to circumstances beyond the employee's control, the
employee was unable to comply with the prescribed time limits.
35.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an
employee to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this
Collective Agreement.
35.22 Where an employee has presented a grievance up to and including the final level in the grievance
procedure with respect to:
(a) the interpretation or application in respect of the employee of a provision of this Collective Agreement or
related Arbitral Award,
(b) disciplinary action resulting in suspension or a financial penalty,
or
(c) termination of employment or demotion pursuant to paragraph 11(2)(f) or (g) of the Financial Administration
Act.
and the employee's grievance has not been dealt with to the employee's satisfaction, the employee may refer the
grievance to adjudication in accordance with the provisions of the Public Service Staff Relations Act
andRegulations.
35.23 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the
interpretation or application in respect of the employee of a provision of this Agreement or an Arbitral Award, the
employee is not entitled to refer the grievance to adjudication unless the Institute signifies in prescribed
manner:
(a) its approval of the reference of the grievance to adjudication,
and
(b) its willingness to represent the employee in the adjudication proceedings.
36.01 Agreements concluded by the National Joint Council (NJC) of the Public Service on items which may be
included in a Collective Agreement, and which the parties to this Agreement have endorsed after December 6, 1978, will
form part of this Collective Agreement, subject to the Public Service Staff Relations Act (PSSRA) and any
legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in
Schedule II of the PSSRA.
36.02 The NJC items which may be included in a Collective Agreement are those items which parties to the NJC
Agreements have designated as such or upon which the Chairman of the Public Service Staff Relations Board has made a
ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
**
36.03 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) Travel Policy;
(3) Withdrawal from Work in Imminent Danger Policy and Procedures;
(4) Isolated Posts Directive;
(5) Clothing Policy;
(6) Living Accommodation Charges Policy;
(7) First Aid to the General Public - Allowance for Employees;
(8) Public Service Health Care Plan Directive;
(9) Relocation Policy;
(10) Commuting Assistance Policy;
(11) Bilingualism Bonus Policy;
Health/Safety Standards (13 to 28)
(13) Boilers and Pressure Vessels;
(14) Dangerous Substances;
(15) Electrical;
(16) Elevating Devices;
(17) First Aid;
(18) Hand Tools and Portable Power Tools;
(19) Hazardous Confined Spaces;
(20) Machine Guarding;
(21) Materials Handling;
(22) Motor Vehicle Operations;
(23) Noise Control and Hearing Conservation;
(24) Personal Protective Equipment;
(25) Pesticide;
(26) Elevated Work Structures;
(27) Use and Occupancy of Buildings;
(28) Sanitation.
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 35.01
of the Article on grievance procedure in this Collective Agreement.
37.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on
matters of common interest.
37.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement
of the parties and shall include consultation regarding career development. Consultation may be at the local, regional
or national level as determined by the parties.
37.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate
level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.
37.04 Joint Consultation Committee Meetings
The Consultation Committees shall be composed of mutually agreeable numbers of employees and Employer
representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the
Employer's premises during working hours.
37.05 Employees forming the continuing membership of the Consultation Committees shall be protected against
any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where
applicable.
37.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of
this collective agreement.
38.01 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.
38.02 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 one (1) day's notice of such a meeting.
38.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any
document concerning the conduct or performance of an employee the existence of which the employee was not aware at the
time of filing or within a reasonable time thereafter.
38.04 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be
destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further
disciplinary action has been recorded during this period.
39.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises
of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable
efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits
to which they would normally be entitled.
40.01 Definition
Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven and
one-half (37 1/2) hours per week, but not less than those prescribed in the Public Service Staff Relations
Act.
40.02 General
Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their
normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees unless
otherwise specified in this Agreement.
40.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven and
one-half (7 1/2) hours in a day or thirty-seven and one-half (37 1/2) hours in a week unless the employee is working
other daily or weekly hours of work as prescribed pursuant to Article 8, Hours of Work.
40.04 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee
has worked five (5) days and a minimum of thirty-seven and one-half (37 1/2) hours in a week at the hourly rate of
pay.
40.05 Leave will only be provided:
(a) during those periods in which employees are scheduled to perform their duties;
or
(b) where it may displace other leave as prescribed by this Agreement.
40.06 Designated Holidays
A part-time employee shall not be paid for the designated holidays but shall, instead be paid a premium of
four decimal two five per cent (4.25%) for all straight-time hours worked during the period of part-time
employment.
40.07 Subject to Article 9, Overtime, when a part-time employee is required to work on a day which is
prescribed as a designated paid holiday for a full-time employee in clause 12.01 of this Agreement, the employee shall
be paid time and one-half (1 1/2) the hourly rate of pay for all hours worked on the holiday. The provisions of
clause 9.06, Compensatory Leave, do not apply.
40.08 Overtime
"Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed
in clause 40.03 but does not include time worked on a holiday.
40.09 Subject to Article 9, Overtime, a part-time employee who is required to work overtime shall be paid at
time and one-half (1 1/2) for all overtime hours worked. The provisions of clause 9.06, Compensatory Leave, do not
apply.
40.10 Vacation Leave
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 16.02, Vacation Leave, prorated and calculated as follows:
(a) when the entitlement is nine decimal three seven five (9.375) hours a month, .250 multiplied by the number of
hours in the employee's work week per month;
(b) when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of the hours in
the employee's work week per month;
**
(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;
**
(d) when the entitlement is fourteen decimal three seven five (14.375) hours a month, .383 multiplied by the number
of hours in the employee's work week per month;
(e) when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of
hours in employee's work week per month;
**
(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 workweek per month;
(g) when the entitlement is eighteen decimal seven five (18.75) hours a month, .500 multiplied by the number of
hours in the employee's workweek per month;
(h) however, a part-time employee who has received or is entitled to receive furlough leave shall have his vacation
leave credits earned reduced by one-twelfth (1/12) of the hours in the part-time workweek, beginning in the month in
which the twentieth (20th) anniversary of service occurs until the beginning of the month in which his
twenty-fifth (25th) anniversary of service occurs.
40.11 Sick Leave
A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an
employee's normal work week for each calendar month in which the employee has received pay for at least twice (2) the
number of hours in the employee's normal work week.
40.12 Vacation and Sick Leave Administration
(a) For the purposes of administration of clauses 40.10 and 40.11, where an employee does not work the same number
of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
(b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not
earn vacation or sick leave credits in excess of the entitlement of a full-time employee.
40.13 Severance Pay
Notwithstanding the provisions of Article 20, Severance Pay, where the period of continuous employment in respect of
which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time
employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay
shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time
period in years shall be multiplied by the full-time weekly pay rate for the appropriate classification to produce the
severance pay benefit.
40.14 The weekly rate of pay referred to in clause 40.13 shall be the weekly rate of pay to which the
employee is entitled for the classification prescribed in his certificate of appointment, immediately prior to the
termination of his employment.
41.01 For the purpose of this Article,
(a) a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal
by any supervisor of how well the employee has performed his assigned tasks during a specified period in the past;
(b) formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the
Employer for this purpose.
41.02
(a) When a formal assessment of an employee's performance is made, the employee concerned must be given an
opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read.
An employee's signature on his assessment form shall be considered to be an indication only that its contents have been
read and shall not indicate his concurrence with the statements contained on the form. A copy of the employee's
assessment form shall be provided to him at the time the assessment is signed by the employee.
(b) The Employer's representative(s) who assesses an employee's performance must have observed or been aware of the
employee's performance for at least one-half (1/2) of the period for which the employee's performance is evaluated.
41.03 When an employee disagrees with the assessment and/or appraisal of his work he shall have the right to
present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal
decision.
41.04 Upon written request of an employee, the personnel file of that employee shall be made available once
per year for his examination in the presence of an authorized representative of the Employer.
41.05 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 sign the report in question to indicate that its contents
have been read.
41.06
(a) Prior to an employee appraisal the employee shall be given:
(i) the evaluation form which will be used for the appraisal;
(ii) any written document which provides instructions to the person conducting the appraisal;
(b) If, during the appraisal, either the form or instructions are changed, they shall be given to the employee.
42.01 On application by an employee, the Employer shall provide personal references to the prospective
employer of such employee, indicating length of service, principal duties and responsibilities and performance of such
duties.
43.01 The Institute and the Employer recognize the right of employees to work in an environment free from
sexual harassment and agree that sexual harassment will not be tolerated in the work place.
43.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph 43.02(a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
43.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
sexual harassment. The selection of the mediator will be by mutual agreement.
44.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national
or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, mental or physical
disability, conviction for which a pardon has been granted or membership or activity in the Institute.
44.02
(a) Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the
complaint.
(b) If by reason of paragraph 44.02(a) a level in the grievance procedure is waived, no other level shall be waived
except by mutual agreement.
44.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
45.01 Except as provided in clauses 45.01 to 45.08 inclusive, and the Notes to Appendix "A" of this
Agreement, the terms and conditions governing the application of pay to employees are not affected by this
Agreement.
45.02 An employee is entitled to be paid for services rendered at:
(a) the pay specified in Appendix "A" for the classification of the position to which the employee is appointed, if
the classification coincides with that prescribed in the employee's certificate of appointment,
or
(b) the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of
appointment, if that classification and the classification of the position to which the employee is appointed do not
coincide.
45.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.
45.04 Only rates of pay and compensation for overtime which has been paid to an employee during the
retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount
payable on the new rates of pay will be paid to the employee.
45.05 Pay Administration
When two (2) or more of the following actions occur on the same date, namely appointment, pay increment, pay
revision, the employee's rate of pay shall be calculated in the following sequence:
(a) the employee shall receive the pay increment;
(b) the employee's rate of pay shall be revised;
(c) the employee's rate of pay on appointment shall be established in accordance with this Agreement.
45.06 Rates of Pay
(a) This clause supersedes the Retroactive Remuneration Directives. Where the rates of pay set forth in Appendix "A"
have an effective date prior to the date of signing of the collective agreement the following shall apply:
(i) "retroactive period" for the purpose of subparagraphs (ii) to (v) means the period commencing on the effective
date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or
when an arbitral award is rendered therefore;
(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in case of death
the estates of former employees, who were employees in the bargaining unit during the retroactive period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been
signed or an arbitral award rendered therefore on the effective date of the revision in rates of pay;
(iv) in order for former employees, or in the case of death for the former employees' representatives, to receive
payment in accordance with subparagraph (iii), the Employer shall notify by registered mail, such individuals at their
last known address that they have thirty (30) days from the date of receipt of the registered letter to request in
writing such payment after which time any obligation upon the Employer to provide payment ceases;
(v) no payment nor notification shall be made pursuant to clause 45.06 for one dollar ($1.00) or less.
45.07 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.
45.08 Acting Pay
This clause does not apply to employees classified as DS.
When an employee is required by the Employer to substantially perform the duties of a higher classification level on
an acting basis for the required number of consecutive working days, the employee shall be paid acting pay calculated
from the date on which the employee commenced to act as if the employee had been appointed to that higher
classification level for the acting period in which the employee acts.
When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a
day worked for the purpose of the qualifying period.
**
(a) The required number of consecutive working days referred to in clause 45.08 is as follows:
- ten (10) consecutive working days for employees classified as HR;
- ten (10) consecutive working days for employees classified as MA;
**
(b) For employees classified as SE, the wording of clause 45.08 does not apply. In its place the following
applies:
When an employee is required by the Employer to substantially perform the duties of a position of a higher
classification level, other than one classified as SE-RES, on an acting basis, for a period of at least ten
(10) consecutive days the employee shall be paid acting pay calculated from the date on which the employee commenced to
act as if the employee had been appointed to that higher classification level for the period in which the employee
acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a
day worked for the purpose of the qualifying period.
46.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this
Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss
such proposal not later than one (1) calendar month after receipt of such notice.
**
47.01 The duration of this Collective Agreement shall be from the date it is signed to September 30,
2003.
47.02 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become
effective on the date it is signed.
47.03 The provisions of this Collective Agreement shall be implemented by the parties within a period of one
hundred and twenty (120) days from the date of its execution.
SIGNED AT OTTAWA, this 12th day of the month of December 2001.
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THE TREASURY BOARD
OF
CANADA
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THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA
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THE TREASURY BOARD
OF
CANADA
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THE PROFESSIONAL INSTITUTE OF THE
PUBLIC SERVICE OF CANADA
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