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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships
between the Employer, the employees and the Association and to set forth certain terms and conditions of employment
relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by
this Agreement.
1.02 The parties to this Agreement share a desire to improve the quality of the Public Service of
Canada, to maintain professional standards and to promote the well-being and increased efficiency of its employees to
the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish
within the framework provided by law, an effective working relationship at all levels of the Public Service in which
members of the bargaining unit are employed.
2.01 For the purpose of this Agreement:
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"Association" means the Canadian Association of Professional Employees (association),
**
"bargaining unit" means all employees of the Employer in the Translation Group as described
in the certificate issued by the Public Service Staff Relations Board on 17 December 2003 (unité de négociation),
"common-law partner" in relation to an individual, a person who is cohabiting with the
individual in a conjugal relationship, having so cohabited for a 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) (rémunération
quotidienne),
"day of rest" in relation to an employee means a day (other than a holiday or a day of
leave) on which that employee is not ordinarily required to work (jour de repos),
"double time" means twice 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),
"headquarters area" has the same meaning as given to the expression in the Travel Policy
(zone d'affectation),
"holiday" (jour férié) means:
(a) in the case of a shift that does not commence and end on the same day, the twenty-four (24)-hour period
commencing from the time at which the shift commenced on a day designated as a paid holiday in this Agreement,
(b) in any other case, the twenty-four (24)-hour period commencing at 12:01 a.m. of a day designated as a paid
holiday in this Agreement,
"lay-off" means the termination of employment of an employee due to lack of work or the
discontinuance of a function (mise en disponibilité),
"leave" means authorized absence from duty (congé),
"membership dues" means the dues established pursuant to the constitution of the
Association as the dues payable by its members as a consequence of their membership in the Association, and shall not
include any initiation fee, insurance premium, or special levy (cotisations syndicales),
"overtime" means any period of work performed by an employee in excess of his normal hours
of work (heures supplémentaires),
"part-time employee" means an employee whose normal scheduled hours of work are less than
thirty-seven and one-half hours (37 1/2) per week (fonctionnaire à temps partiel),
"straight-time hourly rate" means the hourly rate of pay obtained by dividing an
employee's weekly rate of pay by thirty-seven and one-half (37 1/2) (tarif simple),
"time and one-half" means one and one-half (1 1/2) times the straight-time hourly rate (tarif
et demi),
"weekly rate of pay" means an employee's annual rate of pay divided by 52.176 (rémunération
hebdomadaire).
2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,
(a) if defined in the Public Service Staff Relations Act, have the same meaning as given to them in the Public
Service Staff Relations Act,
and
(b) if defined in the Interpretation Act, but not defined in the Public Service Staff Relations Act,
have the same meaning as given to them in the Interpretation Act.
2.03 Unless otherwise indicated by the context, what is formulated in the masculine gender includes
the feminine gender and vice versa.
3.01 The provisions of this Agreement apply to the Association, employees and the Employer.
3.02 Both the English and French texts of this Agreement are equally authoritative.
3.03 In this Agreement, only those provisions preceded by two (2) asterisks (**) constitute new law.
4.01 The Employer retains all the functions, rights, powers and authority which are not explicitly
abridged, delegated or modified by this Agreement, including his right to assign human resources to meet operational
requirements.
5.01 Nothing in this Agreement shall be construed as limiting or eliminating any rights or
obligations whatever, recognized or conferred upon any employee, under any Federal or Provincial statutes, present or
future.
**
5.02 Recognition
The Employer recognizes the Association as the exclusive bargaining agent for all employees described in the
certificate issued by the Public Service Staff Relations Board on the 17th day of December 2003, covering
employees of the Translation Group.
5.03 No Discrimination
There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary
action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national origin,
religious affiliation, sex, sexual orientation, family status, mental or physical disability, marital status, a
conviction for which a pardon has been granted, or membership or activity in the Association.
6.01 The Employer acknowledges the right of the Association to appoint employees as Stewards.
6.02 The Employer and the Association shall determine the geographical area of jurisdiction of each
Steward, having regard to the plan of organization, the distribution of employees at the work place, the administrative
structure and/or any other relevant factor.
6.03 The Association shall notify the Employer promptly and in writing of the names of its Stewards
and other Association representatives.
7.01 A Steward shall obtain the permission of the Employer before leaving his work to:
(a) investigate with fellow employees complaints of an urgent nature;
(b) meet with local management for the purpose of dealing with such complaints or problems;
and
(c) attend meetings called by management.
Such permission shall not be unreasonably withheld. After the Steward resumes his duties, he shall so notify the
Employer as soon as practicable.
8.01 A duly-accredited representative of the Association may be permitted access to the Employer's
premises on stated Association business and to attend meetings called by management.
8.02 Reasonable space on bulletin boards will be made available to the Association for the posting
of official notices in convenient locations determined by the Employer. Notices or other material shall require the
prior approval of the Employer. The Employer shall have the right to refuse the posting of any information which he
considers adverse to his interests or to the interests of any of his representatives.
8.03 The Employer shall continue its present practice of making available to the Association
specific locations on its premises for the placement of reasonable quantities of literature of the Association.
9.01 The Employer shall provide the Association, on a quarterly basis, with a list of all employees
who have entered the bargaining unit and a list of all employees who have left the bargaining unit. The lists referred
to herein shall include the name, employing department, geographical location and classification of the employee.
9.02 The Employer shall endeavour to provide accurate lists but shall not be held responsible by the
Association for any errors in these lists.
9.03 The Employer agrees to supply each employee with a copy of the Collective Agreement and any
amendments thereto and will endeavour to do so within one (1) month after receipt from the printer.
9.04 Every three (3) months, the Employer shall provide the Association with an up-to-date list of
employees indicating the Units to which they are assigned.
10.01 Public Service Staff Relations Board Hearings
(a) 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:
(i) to an employee who makes a complaint on his own behalf before the Public Service Staff Relations Board,
and
(ii) to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Association
making a complaint.
(b) Applications for Certification, Representations and Interventions with respect to Application for
Certification
Where operational requirements permit, the Employer will grant leave without pay:
(i) to an employee who represents the Association in an application for certification or in an intervention,
and
(ii) to an employee who makes personal representations with respect to a certification.
(c) Employee called as a Witness
The Employer will grant leave with pay:
(i) to an employee called as a witness by the Public Service Staff Relations Board,
and
(ii) where operational requirements permit, to an employee called as a witness by an employee or the Association.
10.02 Arbitration and Conciliation Hearings and Alternate Dispute Resolution Process
(a) Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees
representing the Association before a Conciliation Board or before the Public Service Staff Relations Board with regard
to an arbitration proceeding, or in an Alternate Dispute Resolution Process.
(b) Employee called as a Witness
The Employer will grant leave with pay to an employee called as a witness by a Conciliation Board or by the Public
Service Staff Relations Board with regard to an arbitration proceeding and, where operational requirements permit, leave
with pay to an employee called as a witness by the Association.
10.03 Adjudication
(a) Employee who is a Party
Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.
(b) Employee who Acts as Representative
Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee
who is a party.
(c) Employee called as a Witness
Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who
is a party.
10.04 Meetings During the Grievance Process
(a) Employee Presenting Grievance
If operational requirements permit, the Employer shall grant leave with pay to any employee whom it calls to a
meeting or agrees to meet with.
(b) 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 the representative and leave without pay when the meeting is held outside that area.
(c) Grievance Investigation
Where an employee has asked or is obliged to be represented by the Association in relation to the presentation of a
grievance and an employee acting on behalf of the Association 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 the aggrieved employee and leave
without pay when it takes place outside that area.
10.05 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 Association.
10.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend preparatory contract negotiations meetings.
10.07 Meetings Between the Association and Management
Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees who
are meeting with management on behalf of the Association.
10.08 Association Meetings
Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees
to attend meetings of the Association and organizations to which the Association is affiliated.
10.09 Stewards' Training Courses
Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the
authority of a Steward on behalf of the Association to undertake training on the duties of a Steward.
10.10 Full-Time Association Position
Where operational requirements permit, the Employer will grant leave without pay to an employee elected to a
full-time Association position for the duration of his term of office. Time spent on such leave shall be counted for pay
increment and for service for the purpose of calculating vacation leave.
11.01
(a) Subject to the provisions of this Article, the Employer shall, as a condition of employment, deduct an amount
equal to the monthly membership dues from the pay of all employees in the bargaining unit.
(b) Where no dues deductions are made from an employee in respect of any given month as a result of the employee not
earning any pay in that month or not earning sufficient pay to permit dues deductions to be made, the Employer shall not
be required to make deductions from that employee's subsequent salary in respect of the month referred to above.
11.02 For the purpose of applying clause 11.01, deductions from pay for each employee in respect of
each month will start with the first (1st) full calendar month of employment, to the extent that earnings are
available.
11.03 The Association shall inform the Employer in writing of the authorized monthly deduction to be
checked off for each employee defined in clause 11.01. The Association shall give at least three (3) months advance
notice to the Employer of any amendments to the amount of the authorized monthly deductions.
11.04 An employee, who satisfies the Employer by submitting an affidavit declaring that he is a
member of a religious organization whose doctrine prevents him as a matter of conscience from making financial
contributions to an employee organization, and that he will make contributions equal to dues to a charitable
organization registered pursuant to the Income Tax Act, shall not be subject to this Article provided that the
affidavit submitted by the employee is countersigned by an official representative of the religious organization
involved.
11.05 From the date of signing and for the duration of this Agreement, no employee organization, as
defined in Section 2 of the Public Service Staff Relations Act, other than the Association, shall be permitted
to have membership dues as mentioned in clause 11.01, and/or other monies deducted by the Employer from the pay of
employees.
11.06 The amounts deducted in accordance with clause 11.01 shall be remitted to the Association by
cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying
each employee and the deductions made on his behalf.
11.07 The Employer agrees to continue the past practice of making deductions for other purposes on
the basis of production of appropriate documentation.
11.08 The Association agrees to indemnify and save the Employer harmless against any claim or
liability arising out of the application of this Article except for any claim or liability arising out of an error
committed by the Employer in connection with the deduction of the amount equal to the monthly membership dues.
12.01 Normal Work Week
(a) The normal work week shall be thirty-seven and one-half (37 1/2) hours Monday through Friday (the normal work day
being seven and one-half (7 1/2) hours worked between 8:00 a.m. and 6:00 p.m.) except for employees covered by Article
19, Parliamentary Leave and Interpretation Leave, or employees engaged in shift work.
(b) To meet operational requirements, the Employer may, notwithstanding paragraph 12.01(a), ask employees to complete
their normal work day between 7:00 a.m. and 9:00 p.m. The Employer shall consult the Association' head office when it
decides to use the present exceptional provision or to change a work schedule implemented according to this paragraph.
(c) Before designating employees to work before 8:00 a.m. or after 6:00 p.m., the Employer shall call for qualified
volunteers. In administrative units where no qualified volunteers are available, the Employer shall designate employees
to work.
(d) The Employer shall give an employee thirty (30) calendar days' notice of initiation or termination of the work
arrangements described in paragraph 12.01(b).
(e) When an employee is required to adopt new scheduled hours pursuant to paragraph 12.01(b) without receiving notice
of such change at least thirty (30) calendar days before the coming into force of the new scheduled hours, he shall be
paid time and one-half (1 1/2) for the first (1st) working day of the new hours. The provisions of Note 7 to
Appendix "A" shall apply to the rest of the period.
(f) An employee shall not work a schedule of hours pursuant to the terms of paragraph 12.01(b) for more than four (4)
months, unless the employee agrees to extend the period and if no qualified person is available to replace him.
(g) Except in cases of emergency, where scheduled hours are to be changed so that they are different from those
specified in paragraph 12.01(a) or from a work schedule implemented in accordance with 12.01(b), the Employer shall
consult with the Association' head office on such hours of work and shall show that such hours are required to meet its
operational requirements.
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(h) Upon application by the employee, the Employer may authorize the employee to work his normal work day so it is
different from that specified in paragraph 12.01(a). In such a case, the Employer shall consult the Association's head
office beforehand.
(i) The employee shall not normally be required to submit an attendance report more than once a month.
12.02 Compressed Work Week
(a) Where operational requirements permit and with the approval of the Employer, employees covered by paragraph
12.01(a) may complete their hours of work between 7:00 a.m. and 8:00 p.m., and other than on a five-day (5) basis.
(b) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in
hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall
it be deemed to prohibit the right of the Employer to establish the hours of work.
12.03 Shift Work Employees
(a)
(i) In the case of employees engaged in shift work, the standard hours of work shall be, on average, thirty-seven
and one-half (37 1/2) hours each week, for the shift period.
(ii) Where operational requirements permit, meal periods shall be granted to employees by the Employer.
(iii) Where operational requirements permit, the days of rest of an employee shall be consecutive and shall in no
case be less than two (2).
(iv) In this clause, "shift work schedule" means the allocation of shifts over a period not to exceed two
(2) consecutive months.
(b) The Employer shall endeavour by all means in its power to allocate shifts in such a way that:
(i) employees shall rotate through the various shifts in such a manner that the requirements for working night
shifts, evening shifts and weekends will be shared, to the extent that operational requirements will permit, by all
employees covered by the shift schedule;
(ii) employees are not required to work less than seven (7) hours or more than nine (9) hours for any one (1)
shift;
(iii) no shift shall be scheduled starting within the sixteen (16)-hour period following the end of the employee's
last shift.
(c) Provided it will not result in additional costs to the Employer, employees in the same service may exchange
shifts with the permission of the shift supervisor. Such permission shall not be unreasonably withheld. Once the
exchange is approved, the work schedule shall then become the official shift work schedule for the service.
(d)
(i) The Employer agrees that, before any change is made to a shift work schedule, the employees affected by such
change shall, wherever possible, receive notice of such change at least seven (7) days in advance.
(ii) When an employee is required to move from one (1) shift to another without receiving at least twenty-four (24)
hours notice of such change, he shall be paid time and one-half (1 1/2) for the first (1st) day of this new
shift.
(e) Within the established rotational system, an employee who performs the functions of substitute may not be so
assigned for a period exceeding two (2) consecutive months.
**
12.04 Interpreters
(a) On average, an interpreter's normal work day shall consist of six (6) hours of interpretation when part of a team
of three (3) interpreters for a meeting in a single bilingual booth, (or a team of two (2) interpreters for a meeting in
a trilingual booth), or approximately four (4) hours of interpretation when part of a team of two (2) interpreters for a
meeting in a single bilingual booth.
(b) The number and make-up of the teams of interpreters shall be determined on the basis of the workload.
(i) For simultaneous interpretation, the minimum number is:
In the case of meetings involving two (2) working languages, three (3) interpreters in a single bilingual booth
working for up to six (6) hours (it being understood that a team should not normally work for more than four (4)
consecutive hours); or two (2) interpreters working for up to four (4) hours (it being understood that a team should
not normally work for more than three (3) consecutive hours).
In the case of meetings involving three (3) working languages, at least two (2) interpreters per unilingual booth
working for up to six (6) hours (it being understood that a team should not normally work for more than four (4)
consecutive hours).
In the case of meetings involving four (4) working languages, at least two (2) interpreters per unilingual booth
working for up to six (6) hours, and three (3) interpreters where conditions warrant (it being understood that a team
should not normally work for more than four (4) consecutive hours).
At the House of Commons, teams shall consist of three (3) interpreters per booth and should not normally work for
more than six (6) consecutive hours. The Employer, after consultation with the Association, shall establish the roster
of interpreters accordingly.
(ii) For consecutive, elbow or escort interpretation, the number of interpreters on the team shall normally be at
least two (2) interpreters working a six (6)-hour day.
(c) The total hours of work may vary depending on operational requirements. However, the hours of work shall be
balanced on a monthly basis or, when possible, twice a month, with the Employer making every reasonable effort not to
assign more than thirty-seven and one-half (37 1/2) hours of work per week, as a general rule. Work shall be calculated
in hours, with one hour of interpretation equalling one point two-five (1.25) hours of work in the case of a team of
three (3) interpreters (or a team of two (2) interpreters working in a single bilingual booth) and one point eight seven
five (1.875) hours of work in the case of a team of two (2) interpreters in a meeting involving two working languages
working in a single bilingual booth.
For elbow, consecutive or escort interpretation, one (1) hour of interpretation shall equal one point eight seven
five (1.875) hours of work when the interpreter is alone and one point two five (1.25) hours of work when the
interpreter is part of a team.
The calculation of hours of work shall include all duties expressly authorized by the Employer, as well as leaves and
holidays.
(d) As a general rule, interpretation assignments shall be scheduled within time blocks that begin at the time the
interpreter is required to report for duty and end twelve (12) hours later. The interpretation time of each assignment
is counted in minutes, beginning at the time recorded on the interpreter's program and ending at the time the
interpreter's presence is no longer required.
(e) Where operational requirements allow it, the Employer, when scheduling the interpreter's program, shall normally
allow for a twelve (12)-hour interval between the end of the interpreter's work day and the start of his or her next
time block.
(f) Where operational requirements allow it, the Employer shall grant the interpreter two (2) consecutive days of
rest during each seven (7) calendar day period. Should it not be possible to grant such a rest period, these days of
rest shall be reinstated as soon as possible through the operation of the monthly balancing process set out in paragraph
(c) above.
(g) Pursuant to paragraph (c), the Employer shall post the interpreters' weekly and cumulative hours worked.
Moreover, where the Conference Interpretation Service is concerned, the Employer shall post fortnightly the assignment
program for the next two (2) weeks.
(h) An interpreter whose interpretation assignment is cancelled and who is not reassigned for an equivalent period
during the same time block shall be deemed to have performed duties other than interpretation during the idle portion of
the scheduled assignment.
(i) An interpreter who is required by the Employer to be on standby for a specified period shall remain available for
the duration of that period at a known telephone number and shall stand ready to report for duty as quickly as possible
if called. This period shall be deemed part of the time block for the purposes of paragraph (d).
13.01 Exclusion
This article does not apply to employees covered by Article 19, Parliamentary Leave and Interpretation Leave.
13.02 General
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(a) All calculations for overtime shall be based on each completed quarter (1/4) hour.
(b) Employees shall record starting and finishing times of overtime work in a form determined by the Employer.
(c) Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at
least twelve (12) hours' notice of any requirement for the performance of overtime.
(d) The Employer will endeavour to make cash payments for overtime in the month following the month in which the
overtime was worked.
13.03 Compensation
(a) The employee required to work overtime during the normal work week shall be granted compensation at time and
one-half (1 1/2) for the first seven and one-half (7 1/2) consecutive hours of overtime worked on a normal workday and
double (2) time after that.
(b) If, exceptionally, an employee is asked to work more than twenty-four (24) hours without interruption, every hour
in excess of twenty-four (24) is compensated at double (2) time until the Employer makes the necessary arrangements to
ensure the employee gets an eight (8)-hour period during which he does not have to work.
If the Employer calls an employee back to work before the end of said eight (8)-hour period, the employee goes on
receiving compensation at double (2) time.
13.04 Compensation for Work on Day of Rest
Subject to clause 13.02:
(a) An employee who is required to work on a day of rest shall be compensated at time and one-half (1 1/2) for the
first seven and one-half (7 1/2) hours and double (2) time after that;
(b) an employee who is required to work on a second (2nd) day of rest shall be compensated at double (2)
time provided that the employee also worked all or part of the first (1st) day of rest. Second (2nd)
day of rest means the second (2nd) day in an unbroken series of consecutive and contiguous calendar days of
rest;
(c) when an employee works on a day of rest consecutive and contiguous to a designated paid holiday on which he also
worked all or part of the day, he shall be compensated at double (2) time for all the hours worked on that day of rest;
(d) where an employee is required to and does report for work on a day of rest, the employee shall be paid the
greater of the following:
(i) three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
or
(ii) compensation at the applicable overtime rate for the hours actually worked.
13.05 Compensation for Work on a Designated Paid Holiday
(a) When an employee is required to work on a designated paid holiday, he shall be paid, in addition to his normal
daily rate of pay, on the basis of time and one-half (1 1/2) for the first seven and one-half (7 1/2) hours and double
(2) time after that;
(b) when an employee works on a designated paid holiday consecutive and contiguous to a day of rest on which he also
worked all or part of the day, he shall be paid, in addition to his normal straight-time hourly rate, on the basis of
double (2) time;
(c) when an employee works on a second (2nd) designated paid holiday consecutive and contiguous to a first
(1st) designated paid holiday on which he also worked all or part of the day, he shall be paid, in addition
to his normal straight-time hourly rate, on the basis of double (2) time for all the hours worked on the second (2nd)
designated paid holiday. Second (2nd) designated paid holiday means the second (2nd) day in an
unbroken series of consecutive and contiguous calendar designated paid holidays.
(d) where an employee is required to and does report for work on a designated paid holiday, the employee shall be
paid the greater of the following:
(i) three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
or
(ii) compensation at the applicable rate under paragraphs 13.05(a), (b) or (c).
13.06 Compensation for Shift Work
Employees working shifts shall be granted compensation as follows:
(a) time and one-half (1 1/2) for each hour worked beyond the normal hours of work in each work week;
(b) time and one-half (1 1/2) for each hour worked on the first (1st) day of rest and double (2) time for
each hour worked on additional and consecutive days of rest;
(c) double time (2) for each hour performed on a designated holiday.
13.07 Call-Back Pay
An employee who is called back to work by the Employer without advance notice, after he has completed his normal work
day and has left his place of work, and who returns to work, shall be granted compensation at the applicable overtime
rate provided that the period worked does not directly follow or precede the employee's normal hours of work, on either
the day in question or the following day. Under such circumstances, the employee shall be paid the greater of the
following:
(a) three (3) hours compensation at the applicable overtime rate, only once during an eight (8)-hour period,
or
(b) compensation at the applicable overtime rate for the hours actually worked.
13.08 Standby Pay
(a) When the Employer requires an employee to be available on standby for a specific period during off-duty hours,
the employee shall be paid at the rate of one half (1/2) hour at straight time for each four (4)-hour period or portion
thereof for which he has been designated as being on standby duty.
(b) An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in
accordance with clause 13.07.
(c) An employee required to be on standby duty shall be available during the period of standby at a known telephone
number and be able to report for duty as quickly as possible if called.
(d) No standby duty payment shall be granted if the employee is unable to report for duty when required.
(e) The Employer shall endeavour to allocate standby duties equitably among employees and shall first call for
volunteers within the service where standby is required. Except in cases of emergency, the Employer shall also endeavour
to give reasonable advance notice to the employee required to be on standby.
13.09 Payments made under paragraph 13.04(c) and clauses 13.07 and 13.08 shall not be pyramided;
that is an employee shall not receive more than one (1) compensation for the same service.
13.10 Compensatory Leave
(a) At the employee's request, compensation earned under this Article is paid in cash or converted into compensatory
leave credits. Such credits being granted subject to operational requirements.
(b) Compensatory leave credits are calculated by dividing the compensation to which the employee is entitled under
this Article by the straight-time hourly rate which applies to the employee.
**
(c) Compensatory leave credits earned but not used by the end of a twelve (12)-month period, as determined by the
Employer and that remain outstanding by the end of the next four (4)-month period, shall be converted into cash by
multiplying the number of credit hours by the straight-time hourly rate which applied to the employee on the last day of
the twelve (12)-month period.
Compensatory leave credits earned under this paragraph shall be used before any other compensatory leave credits
earned thereafter.
13.11 Meal Reimbursement
**
(a) An employee who works three (3) or more hours of overtime immediately before or following his scheduled hours of
work shall be reimbursed for one (1) meal in the amount of ten dollars fifty ($10.50) except when the meal has been
provided free to the employee.
**
(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in
paragraph (a), the employee shall be reimbursed for one (1) additional meal in the amount of ten dollars fifty ($10.50),
except when the meal has been provided free to the employee.
(c) Reasonable time with pay, to be determined by management, shall be allowed the employee in order that he may take
a meal break either at or adjacent to his place of work.
14.01 Where an employee is required by the Employer to travel outside his headquarters area and on
government business, as these expressions are normally defined by the Employer, and when such travel is approved and the
means of travel determined by the Employer, the employee shall be compensated only in accordance with clause 14.03,
except in the case of employees covered by Article 19, who are not entitled to any additional compensation. However, in
the case of interpreters working in the official languages, the travel shall be deemed to be duties other than
interpretation for the purposes of clause 12.04 and its duration shall be calculated in accordance with clause 14.02.
14.02 The travelling time to be compensated is as follows:
(a) for travel by public transportation, the time between the regularly scheduled time of departure and the actual
time of arrival at a destination and, in the case of travel by aircraft, the scheduled limousine time to and from the
airport;
(b) for travel by privately-owned automobile, the normal time as determined by the Employer to drive from the
employee's place of residence directly to his destination and return.
14.03 If an employee is required to travel in accordance with the provisions of clauses 14.01 and
14.02:
(a) on a normal work day during which he travels but does not work, he shall receive his normal day's pay;
(b) on a normal work day during which he travels and works, he shall be paid:
(i) at the straight-time hourly rate for the first seven and one-half (7 1/2) hours,
and
(ii) at the applicable overtime rate for the additional travelling time in excess of seven and one-half (7 1/2)
hours as mentioned in sub-paragraph 14.03(b)(i), to a maximum of twelve (12) hours at the straight-time hourly rate;
(c) on a day of rest or a designated paid holiday, he shall be paid at the applicable overtime rate to a maximum of
twelve (12) hours' pay at the straight-time hourly rate.
14.04 Upon application by the employee, the Employer may meet any obligation to pay compensation to
an employee under this Article by granting to that employee compensatory leave in lieu of such compensation.
Compensatory leave not used by the end of a twelve (12) month period, as determined by the Employer, will be paid in
cash by multiplying the number of hours to be cashed by the straight-time hourly rate which applied to the employee on
the last day of this twelve (12) month period.
14.05 All calculations for travel time shall be based on each completed half (1/2) hour of travel.
**
14.06 Compensation under this Article shall not be paid for travel time to courses, training sessions,
conferences and seminars, unless the employee is required to attend by the Employer.
**
14.07 Travel Status Leave
(a) An employee who is required to travel outside his headquarters area on government business, as these expressions
are defined by the Employer, and is away from his 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 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 paragraph 13.10(c).
(d) The provisions of this clause do not apply when the employee travels to attend courses, training sessions,
professional conferences and seminars.
15.01 Except as provided in clauses 15.02, 15.03, 15.04 and 15.05, the terms and conditions
governing the application of pay to employees are not affected by this Agreement.
15.02 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 he is appointed, if
the classification coincides with that prescribed in his letter of offer,
or
(b) the pay specified in Appendix "A" for the classification prescribed in his letter of offer, if that
classification and the classification of the position to which he is appointed do not coincide.
**
15.03
(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 immediately shown 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 immediately shown below the rate of pay being received prior
to the revision;
(v) no payment or no notification shall be made pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.
15.04 The qualifying period for the payment of acting pay for employees is three (3) consecutive
working days or shifts. This payment will be made in accordance with existing regulations.
15.05 Overtime pay which has been paid to an employee during the period covered by the retroactive
pay increases will be recomputed and the difference between the amount paid on the old salary basis and the amount
payable on the new salary basis will be paid to the employee.
15.06 When an employee at the TR-2, TR-3 or TR-4 level who is not an interpreter is assigned by the
Employer to interpretation duties for a temporary period, he shall be entitled to an amount of forty dollars ($40.00)
per day in addition to his regular pay but such amount shall not be granted for the time spent in training for such
duties.
15.07 Shift Premium
(a) An employee who works shifts shall receive a shift premium of two dollars ($2.00) per hour for all hours worked
between 4:00 p.m. and 8:00 a.m., including overtime. This premium shall not be paid for hours worked between 8:00 a.m.
and 4:00 p.m.
(b) An employee who works shifts shall receive an additional premium of two dollars ($2.00) per hour for hours of
work regularly scheduled and worked on Saturdays and/or Sundays. This premium shall not apply to overtime hours.
15.08 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 Association the rates of pay and the rules affecting the pay of
employees on their movement to the new levels.
16.01 Subject to clause 16.02, the following days shall be designated paid holidays for employees:
(a) New Year's Day,
(b) Good Friday,
(c) Easter Monday,
(d) the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
(e) Canada Day,
(f) Labour Day,
(g) the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
(h) Remembrance Day,
(i) Christmas Day,
(j) Boxing Day,
(k) one (1) additional day that, in the opinion of the Employer, is recognized to be a provincial or civic holiday in
the area in which the employee is employed or in any area where, in the opinion of the Employer, no such day is
recognized as a provincial or civic holiday, the first (1st) Monday in August,
and
(l) one (1) additional day when proclaimed by an Act of Parliament as a National Holiday.
16.02 The designated holiday shall not be paid to an employee on leave without pay on both the
normal working days immediately preceding and immediately following the designated holiday, except in the case where
such leave has been granted under Article 10.
16.03 Holiday Falling on a Day of Rest
(a) When a day designated as a paid holiday under clause 16.01 coincides with an employee's day of rest, the holiday
shall be moved to the employee's first (1st) normal day of work following his day of rest. When a day
designated as a paid holiday is moved to a day on which the employee is on paid leave, the day shall be counted as a
holiday and not as a day of leave.
(b) When a day designated as a paid holiday for an employee is moved to another day under the provisions of paragraph
(a):
(i) work performed by an employee on the day from which the holiday was moved shall be considered as work performed
on a day of rest,
and
(ii) work performed by an employee on the day to which the holiday was moved, shall be considered as work performed
on a holiday.
(c) Paragraph (b) does not apply to employees covered by Article 19, Parliamentary leave and Interpretation Leave.
16.04 For the purposes of paragraph 12.04(c), the day designated as a paid holiday counts as seven
and one-half (7 1/2) hours of duties other than interpretation, in addition to the hours of work the interpreter may
have performed that day.
17.01 When an employee becomes subject to this Agreement, his earned daily leave credits shall be
converted into hours. When an employee ceases to be subject to this Agreement, his earned hourly leave credits shall be
reconverted into days, with one (1) day being equal to seven and one-half (7 1/2) hours.
17.02 Leave is counted in hours, the number of hours debited for each day of leave being equal to
the number of hours of work scheduled for the employee for the day in question.
17.03 When the employment of an employee who has been granted more annual or sick leave with pay
than he has earned is terminated by death or by lay-off after two (2) or more complete years of continuous employment,
the employee is considered to have earned the amount of leave with pay granted to him.
17.04 In the event of termination of employment, the employer recovers from any monies owed to the
employee an amount equivalent to annual or sick leaves granted to the employee but not earned by him.
17.05 An employee must be informed at least once in each fiscal year of the balance of his annual
and sick leave with pay credits.
17.06 The amount of leave with pay credited to an employee by the Employer at the time when this
Agreement is signed, or at the time when he becomes subject to this Agreement, shall be retained by the employee.
17.07 Notwithstanding anything contained in Article 18, Annual Leave, Article 19, Parliamentary and
Interpretation Leave, Article 20, Sick Leave, and Article 21, Other Leave, an employee shall not be granted annual
leave, sick leave, or other types of leave with pay while he is on leave without pay or under suspension.
17.08 Except as otherwise indicated in this agreement, when leave without pay of a duration
exceeding three (3) months is granted to an employee for reasons other than illness, the total duration of the leave
granted shall be deducted from the calculation of the employee's period of continuous employment for the purpose of
calculating severance pay and of service for the purpose of calculating vacation leave. Time spent on such leave shall
not be counted for pay increment purposes.
18.01 Credits
(a) An employee who has earned at least ten (10) days' pay for each calendar month of a fiscal year shall earn annual
leave at the following rates:
(i) nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in
which the anniversary of the employee's eighth (8th) year of service occurs (fifteen (15) days per year);
(ii) twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing with the month in
which the anniversary of the employee's eighth (8th) year of service occurs (twenty (20) days per year);
(iii) thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's sixteenth (16th) year of service occurs (twenty-two (22)
days per year);
(iv) fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with
the month in which the anniversary of the employee's seventeenth (17th) year of service occurs
(twenty-three (23) days per year);
(v) fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's eighteen (18th) year of service occurs (twenty-five (25)
days per year);
(vi) sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with
the month in which the anniversary of the employee's twenty-seventh (27th) year of service occurs
(twenty-seven (27) days per year);
**
(vii) eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the
month in which the anniversary of the employee's twenty-eight (28th) year of service occurs (thirty (30)
days per year).
(b) For the purpose of paragraph (a) only, all service within the Public Service, whether continuous or
discontinuous, shall count toward annual leave, except where a person who, on leaving the Public Service, takes or has
taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off
and is reappointed to the Public Service within one (1) year following the date of lay-off.
18.02 Granting of Annual Leave
(a) In granting annual leave with pay to an employee the Employer shall, subject to the operational requirements of
the service, make every reasonable effort:
(i) to schedule the employee's annual leave during the fiscal year in which it is earned if so requested by the
employee before May 1;
(ii) to schedule the annual leave for at least two (2) consecutive weeks, if so requested by the employee before
May 1;
(iii) to comply with any request made by an employee before January 31 that he be permitted to use in the following
fiscal year any period of annual leave of four (4) days or more earned by him in the current year;
(iv) to schedule annual leave when specified by the employee if the period of annual leave requested is less than a
week, and if the employee gives the Employer at least two (2) days' advance notice for each day of annual leave
requested.
(b) The Employer may for good and sufficient reason grant annual leave on shorter notice than that provided for in
paragraph (a).
(c) During his first six (6) months of continuous employment, an employee is only entitled to annual leave with pay
to the extent of his earned credits.
(d) An employee with six (6) months of continuous employment may take in advance a number of days of annual leave
equal to the credits he is expected to earn during the year in question.
18.03 Displacement of Annual Leave
(a) If, during any period of annual leave, an employee is granted bereavement leave or leave with pay for illness in
the immediate family, the period of annual leave will be displaced.
(b) Sick leave, on production of a medical certificate, can displace annual leave for any period in excess of one (1)
day of sickness per week of annual leave.
The period of annual leave displaced in accordance with paragraphs (a) and (b) of this clause shall either be added
to the annual leave period if requested by the employee and approved by the Employer or reinstated for use at a later
date.
18.04 Carry-over, Exhaustion and Conversion of Annual Leave
(a) Employees must normally take all of their annual leave during the fiscal year in which it is earned.
(b) Where in any fiscal year, an employee has not been granted all of the annual leave credited to him, the unused
portion of his annual leave shall be carried over into the following year, except that the unused portion of annual
leave in excess of thirty (30) days shall be automatically converted into cash, by multiplying the number of days to
which the excess leave credits correspond by the daily rate of pay which applied to the employee on the last day of the
preceding fiscal year.
(c) Upon written application by the employee and approval by the Employer, earned but unused annual leave credits of
less than thirty (30) days shall be converted to cash. The amount shall be calculated by multiplying the number of days
to which the unused portion of annual leave credits correspond by the daily rate of pay which applied to the employee on
the last day of the preceding fiscal year.
18.05 Recall from Annual Leave
(a) Where operational requirements permit, the Employer shall make every reasonable effort not to recall an employee
to duty after he has proceeded on annual leave.
(b) Where, during any period of annual leave, an employee is recalled to duty, he shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that he incurs:
(i) in proceeding to his place of duty,
and
(ii) in returning to the place from which he was recalled if he immediately resumes his annual leave upon
completing the assignment for which he was recalled,
after submitting such accounts as are normally required by the Employer.
(c) The employee shall not be considered as being on annual leave during any period in respect of which he is
entitled under paragraph (b) to be reimbursed for reasonable expenses incurred by him.
18.06 Cancellation of Annual Leave
When the Employer cancels or alters a period of annual leave which it has previously approved in writing, the
Employer shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the
employee in respect of that period, subject to the presentation of such documentation as the Employer may require. The
employee must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action, when
available, to the Employer.
18.07 Conversion of Annual Leave Credits to Cash when Employment Terminates
(a) Upon termination of employment, the employee shall receive an amount equal to the product obtained by multiplying
the number of days of earned but unused annual leave by the daily rate of pay which applied to the employee on the day
on which his employment was terminated. Where an employee dies, this amount will be paid to his estate.
(b) Notwithstanding paragraph (a), an employee whose employment is terminated by reason of a declaration that he
abandoned his position is entitled to receive the payment referred to in paragraph (a) if he requests it within six (6)
months following the date upon which his employment is terminated.
(c) Notwithstanding paragraph (a), an employee who resigns to accept an appointment with a separate Employer covered
by Part II of Schedule I of the Public Service Staff Relations Act may choose not to be paid for his earned but
unused annual leave, provided that the separate Employer agrees to accept such credits.
18.08 Advance Payments
(a) The Employer agrees to issue, prior to departure, advance payments of estimated net salary for authorized annual
leave periods of two (2) or more complete weeks, provided a written request for such advance payment is received from
the employee at least six (6) weeks prior to the last pay day before the employee's annual leave period commences.
(b) Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay
entitlements and shall be recovered in full prior to any further payment of salary.
18.09 Complementary Leave Without Pay
(a) If an employee has used all the annual, parliamentary and interpretation leave credits to which he is entitled in
the year, the Employer may at its discretion grant the employee, during the current fiscal year, a maximum of ten (10)
days of complementary leave without pay, to be taken consecutively or otherwise.
(b) The employee shall give two (2) days' advance notice for each day of complementary leave without pay requested.
(c) The Employer may for good and sufficient reason grant complementary leave without pay on shorter notice than that
provided for in paragraph (b).
(d) An employee may not take complementary leave without pay during his first six (6) months of continuous
employment.
19.01 Parliamentary Leave and Interpretation Leave
(a)
(i) In addition to their annual leave, employees assigned to parliamentary service and who are normally required to
perform work days of varying length with irregular hours shall receive special compensation in the form of
parliamentary leave prorated to the number of days worked by the employee for the Employer during the fiscal year.
(ii) Employees assigned to parliamentary service and who normally translate documents other than the debates of the
House of Commons and of the Senate are subject to Article 19 on the same basis as employees contemplated by
sub-paragraph (i) regardless of the hours of work set by the Employer.
(iii) In addition to their annual leave, interpreters assigned to the interpretation of conferences in both
official languages shall receive special compensation in the form of interpretation leave prorated to the number of
days worked by the interpreter for the Employer during the fiscal year.
(iv) Notwithstanding the provisions of paragraph 19.01(a), an employee at the TR-1 level assigned to the
parliamentary service or to the interpretation of conferences in both official languages within the context of an
Employer's training program for parliamentary translation or interpretation is only covered by this article during the
second (2nd) year of said program. During the first (1st) year of the training program he is
subject to those provisions of the agreement that do not apply to employees covered by the present article.
(b) The maximum number of days of parliamentary or interpretation leave is forty (40) per fiscal year, except in the
case of employees with more than twelve (12) years of employment in parliamentary service or in interpretation in both
(2) official languages, in which case the maximum is fifty (50) days per fiscal year, and except in the case of TR-1
employees mentioned in (iv) above, in which case the maximum is twenty (20) days per fiscal year.
(c) An employee is entitled to the maximum number of days of parliamentary or interpretation leave if, during the
fiscal year, he has worked a minimum number of days obtained by subtracting from two hundred and sixty-one (261) days
the number of designated paid holidays, the number of annual and parliamentary or interpretation leave credits carried
over and the maximum number of annual and parliamentary or interpretation leave credits for which the employee is
normally eligible for the current fiscal year.
(d) The granting of parliamentary or interpretation leave is subject to operational requirements and such leave must
normally be taken during periods of low demand in the fiscal year for which it is granted. If operational requirements
do not permit the Employer to grant parliamentary or interpretation leave during the fiscal year, such leave must be
granted before the end of the following fiscal year.
(e) If an employee is granted parliamentary or interpretation leave in advance and, at the end of the fiscal year,
has been granted more leave of this type than earned, the maximum number of days referred to in paragraph (b) shall be
reduced accordingly.
(f) Where operational requirements permit, the Employer shall make every reasonable effort to grant an employee
entitled under this clause, once per fiscal year, a period of eight (8) consecutive weeks of parliamentary or
interpretation leave or a combination of such leave and annual leave.
19.02 Call Back from Parliamentary Leave or Interpretation Leave
(a) Where operational requirements permit, the Employer shall make every reasonable effort not to call back an
employee once he is on parliamentary leave or interpretation leave.
(b) When an employee is called back to work, during any period of his parliamentary or his interpretation leave, he
shall be reimbursed reasonable expenses, as usually defined by the Employer, incurred by him:
(i) to go to his work location,
and
(ii) to return to the point whence he was called back if he resumes his leave immediately after performing the
duties for which he was called back, subject to submitting vouchers usually required by the Employer.
(c) An employee shall not be considered as being on parliamentary or interpretation leave during any period entitling
him, under the provisions of paragraph (b), to the repayment of reasonable expenses incurred by him.
20.01 Credits
(a) An employee shall earn sick leave credits at the rate of one and one-quarter (1 1/4) days for each calendar month
for which he receives pay for at least ten (10) days.
(b) An employee working shifts shall earn additional sick leave credits at the rate of one-sixth (1/6) of a day for
each calendar month during which he works shifts and receives pay for at least ten (10) days. Such credits shall not be
carried over in the next fiscal year and are available only if the employee has already used fifteen (15) sick leave
credits during the current fiscal year.
20.02 Granting of Sick Leave
(a) An employee shall be granted sick leave with pay when he is unable to perform his duties because of illness or
injury provided that:
(i) he satisfies the Employer of this condition in such a manner and at such a time as may be determined by the
Employer,
and
(ii) he has the necessary sick leave credits.
(b) Unless the employee is otherwise informed by the Employer, a statement signed by him stating that because of this
illness or injury he was unable to perform his duties shall, when delivered to the Employer, be considered as meeting
the requirements of sub-paragraph (i).
(c) An employee shall not be granted sick leave with pay during any period in which he is on leave without pay, or
under suspension.
20.03 Advance of Credits
**
(a) When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of
clause 20.02, advanced sick leave with pay may, at the discretion of the Employer, be granted to an employee to cover
one or several periods of sick leave for a total overdraft of twenty-five (25) days, subject to the deduction of such
advanced leave from any sick leave credits subsequently earned.
(b) When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same
period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted
sick leave with pay, and the number of days of injury-on-duty leave granted is added back to his sick leave credits.
(c) The Employer may for good and sufficient reason advance sick leave credits to an employee when a previous advance
has not been fully reimbursed.
20.04 Reinstatement of Credits
Sick leave credits earned but unused by an employee who was terminated by reason of layoff shall be restored if the
employee is reappointed in the Public Service within two (2) years from the date of layoff.
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