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Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
36.01 The parties have agreed that in cases where as a result of technological change the services of an
employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function,
Appendix "B" on Work Force Adjustment will apply. In all other cases the following clauses will apply.
36.02 In this Article "Technological Change" means:
(a) the introduction by the Employer of equipment or material of a different nature than that previously
utilized;
and
(b) a change in the Employer's operation directly related to the introduction of that equipment or material.
36.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage
and promote technological change in the Employer's operations. Where technological change is to be implemented, the
Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.
36.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of
emergency, not less than one hundred and eighty (180) days written notice to the Bargaining Agent of the introduction
or implementation of technological change when it will result in significant changes in the employment status or
working conditions of the employees.
36.05 The written notice provided for in clause 36.04 will provide the following information:
(a) the nature and degree of the technological change;
(b) the date or dates on which the Employer proposes to effect the technological change;
(c) the location or locations involved;
(d) the approximate number and type of employees likely to be affected by the technological change;
(e) the effect that the technological change is likely to have on the terms and conditions of employment of the
employees affected.
36.06 As soon as reasonably practicable after notice is given under clause 36.04, the Employer shall consult
meaningfully with the Bargaining Agent concerning the rationale for the change and the topics referred to in
paragraph 36.05 on each group of employees, including training.
36.07 When, as a result of technological change, the Employer determines that an employee requires new skills
or knowledge in order to perform the duties of the employee's substantive position, the Employer will make every
reasonable effort to provide the necessary training during the employee's working hours without loss of pay and at no
cost to the employee.
37.01 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, membership
or activity in the Bargaining Agent, marital status or a conviction for which a pardon has been granted.
37.02
(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 (a) a level in the grievance procedure is waived, no other level shall be
waived except by mutual agreement.
37.03 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.
38.01 The Bargaining Agent 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.
38.02
(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 (a) a level in the grievance procedure is waived, no other level shall be
waived except by mutual agreement.
38.03 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.
39.01 Upon written request, an employee shall be provided with a complete and current statement of the duties
and responsibilities of his or her position, including the classification level and, where applicable, the point rating
allotted by factor to his or her position, and an organization chart depicting the position's place in
the organization.
40.01
(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. A
copy of the assessment form will be provided to the employee at that time. An employee's signature on his or her
assessment form will be considered to be an indication only that its contents have been read and shall not indicate the
employee's concurrence with the statements contained on the form.
(b) The Employer's representative(s) who assess(es) 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.
(c) An employee has the right to make written comments to be attached to the performance review form.
40.02
(a) Prior to an employee performance review, the employee shall be given:
(i) the evaluation form which will be used for the review;
(ii) any written document which provides instructions to the person conducting the review;
(b) if during the employee performance review, either the form or instructions are changed they shall be given to
the employee.
40.03 Upon written request of an employee, the personnel file of that employee shall be made available once
per year for his or her examination in the presence of an authorized representative of the Employer.
41.01 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 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.
41.02 The NJC items which may be included in a collective agreement are those items which the 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 clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.
41.03
(a) The following directives, 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 Agreement:
Bilingualism Bonus Directive;
Commuting Assistance Directive;
Foreign Service Directives;
Health / Safety
Boiler and Pressure Vessels Directive
Committees and Representatives Directive
Dangerous Substances Directive
Electrical Directive
Elevated Work Structures Directive
Elevating Devices Directive
First-Aid Allowance Directive
First-Aid Safety and Health Directive
Hazardous Confined Spaces Directive
Material Handling Directive
Motor Vehicle Operations Directive
Noise Control and Hearing Conservation Directive
Personal Protective Equipment and Clothing Directive
Pesticides Directive
Refusal to Work Directive
Sanitation Directive
Tools and Machinery Directive
Use and Occupancy of Buildings Directive
Isolated Posts Directive
Living Accommodation Charges Directive
Relocation Directive
Travel Directive
Uniforms Directive.
(b) During the term of this Agreement, other directives may be added to the above noted list.
41.04 Grievances in regard to the above directives shall be filed in accordance with clause 20.01 of the
Article on grievance procedure in this Agreement.
43.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to
fulfill his or her religious obligations.
43.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, leave without
pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfill their religious
obligations.
43.03 Notwithstanding clause 43.02, at the request of the employee and at the discretion of the Employer,
time off with pay may be granted to the employee in order to fulfill his or her religious obligations. The number of
hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the
Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they
result in any additional payments by the Employer.
43.04 An employee who intends to request leave or time off under this Article must give notice to the
Employer as far in advance as possible but no later than four (4) weeks before the requested period of absence.
Dog Handlers' Allowance
44.01
**
(a) When an employee is required to and handles a trained dog during a shift, the employee shall be paid
four dollars ($4.00) for each period in which the employee handles the dog for a minimum of one (1) hour within the
first four (4) hours immediately after the commencement of the shift. The same amount shall be paid under the same
conditions for any succeeding period of four (4) hours.
(b) Provided an employee gives the Employer at least two (2) weeks' advance notice before the commencement of the
next work schedule of the employee's intention not to work with the dog, an employee shall not be required to handle a
dog except as may be required in a penitentiary emergency.
Responsibility Allowance
44.02
Where, in a minimum security institution, the Director or other senior institutional personnel are not on duty on
the evening shift and night shift from Monday to Friday and all shifts on weekends and statutory holidays, a
Correctional Officer, at the CX-2 level, may be designated by management as the senior officer of the shift. The Senior
officer of the shift shall be compensated for assuming these additional duties and responsibilities by an allowance of
three dollars ($3.00) for each period of four (4) hours worked per shift.
Note: When an employee, who is in receipt of a special duty allowance or an extra duty allowance, is granted
leave with pay, that employee is entitled during that period of leave to receive the allowance if the special or extra
duties in respect of which the employee is paid the allowance were assigned to the employee on a continuing basis or
for a period of two (2) or more months prior to the period of leave.
**
Clothing Allowance
44.03
Those CX-1 and CX-2 employees who are not required to wear a uniform routinely during the course of their duties
shall receive an annual clothing allowance of four hundred dollars ($400.00). This allowance will be payable March
31st of each year.
The provision applies to those CX-1 and CX-2 employees assigned to such duties for periods of time of not less than
6 months per fiscal year.
Any employee receiving this allowance shall not be eligible to receive points toward a uniform issue.
45.01
(a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period
which extends before or beyond three (3) hours his or her scheduled hours of work on a day during which he or she would
be eligible for a Shift Premium, the employee may request that his or her hours of work on that day be scheduled
between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Employer. In no
case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours
of rest between the time his or her attendance was no longer required at the proceeding and the beginning of his or her
next scheduled work period.
(i) Public Service Staff Relations Board Proceedings
Clauses 14.01, 14.02, 14.04, 14.05 and 14.06.
(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings
Clauses 14.09 and 14.10.
(iii) Personnel Selection Process
Clause 30.19
(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance
of the duties of the employee's position.
(v) Training Courses which the employee is required to attend by the Employer.
(b) Notwithstanding paragraph (a), proceedings described in subparagraph (v) are not subject to the condition that
there be no increase in cost to the Employer.
ARTICLE 46
MATERNITY-RELATED REASSIGNMENT OR LEAVE
46.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the
end of the twenty-fourth (24th) week following the birth, request the Employer to modify her job functions
or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may
pose a risk to her health or that of the foetus or child.
46.02 An employee's request under clause 46.01 must be accompanied or followed as soon as possible by a
medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in
order to eliminate the risk. Dependent upon the particular circumstances of the request, the Employer may obtain an
independent medical opinion.
46.03 An employee who has made a request under clause 46.01 is entitled to continue in her current job while
the Employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is
entitled to be immediately assigned alternative duties until such time as the Employer:
(a) modifies her job functions or reassigns her,
or
(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
46.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign
her.
46.05 Where the Employer concludes that a modification of job functions or a reassignment that would avoid
the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer shall so
inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the
risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after
the birth.
46.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of
absence shall give at least two (2) weeks notice in writing to the Employer of any change in duration of the risk or
the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given.
Such notice must be accompanied by a new medical certificate.
**
46.07 Notwithstanding 46.05, for an officer working in an institution where she is in direct and regular
contact with offenders, if the Employer concludes that a modification of job functions or a reassignment that would
avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Employer
shall so inform the officer in writing and shall grant leave of absence with pay to the officer for the duration of the
risk as indicated in the medical certificate. However, such leave shall end no later than at the time the officer
proceeds on Maternity Leave Without Pay or the termination date of the pregnancy, whichever comes first.
ARTICLE 47
MEDICAL APPOINTMENT FOR PREGNANT EMPLOYEES
47.01 Up to half (1/2) a day of reasonable time off with pay will be granted to pregnant employees for the
purpose of attending routine medical appointments.
47.02 Where a series of continuing appointments are necessary for the treatment of a particular condition
relating to the pregnancy, absences shall be charged to sick leave.
48.01 The Correctional Service of Canada agrees to discussions between bargainig agent representatives and
management representatives, regarding training needs at the institutional level. The issue of training will be a
standing item for discussion at all levels where regular Joint Consultation meetings occur, and will address such
topics as type, frequency, access and adequacy of training.
49.01 The parties agree that any adjudicable grievance may be referred to the following expedited
adjudication process:
(a) At the request of either party, a grievance that has been referred to adjudication may be dealt with through
Expedited Adjudication with the consent of both parties.
(b) When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Bargaining
Agent will submit to the PSSRB the consent form signed by the grievor or the Bargaining Agent.
(c) The parties may proceed with or without an Agreed Statement of Facts. When the parties arrive at an Agreed
Statement of Facts it will be submitted to the PSSRB or to the Adjudicator at the hearing.
(d) No witnesses will testify.
(e) The Adjudicator will be appointed by the PSSRB from among its members who have had at least three years
experience as a member of the Board.
(f) Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSSRB otherwise agree.
The cases will be scheduled jointly by the parties and the PSSRB, and will appear on the PSSRB schedule.
(g) The Adjudicator will make an oral determination at the hearing, which will be recorded and initialled by the
representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator
within five days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a
particular case.
(h) The Adjudicator's determination will be final and binding on all the parties, but will not constitute a
precedent. The parties agree not to refer the determination to the Federal Court.
50.01 Except as provided in this article, the terms and conditions governing the application of pay to
employees are not affected by this agreement.
50.02 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.
50.03
(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
collective agreement, the following shall apply:
(i) "retroactive period" for the purpose of clauses (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 that this 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 units identified in Article 7 of this
collective agreement during the retroactive period;
(iii) rates of pay shall be paid in an amount equal to what would have been paid had this collective agreement been
signed or an arbitral award rendered therefor 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 clause (b)(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 50.03(b) for one (1) dollar or less.
50.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be
applied first and the resulting rate shall be revised in accordance with the pay revision.
50.05 This article is subject to the Memorandum of Understanding signed by the Employer and previous
bargaining agent dated February 9, 1982 in respect of red-circled employees.
50.06 If, during the term of this collective agreement, a new classification standard for a group is
established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting
from the application of the standard, negotiate with the Bargaining Agent the rates of pay and the rules affecting the
pay of employees on their movement to the new levels.
50.07 When an employee is required by the Employer to substantially perform the duties of a higher
classification level in an acting capacity and performs those duties for at least one (1) working day, the employee
shall be paid acting pay calculated from the date on which he or she commenced to act as if he or she had been
appointed to that higher classification level for the period in which he or she acts,
50.08 When the regular pay day for an employee falls on his or her day of rest, every effort shall be made to
issue his or her cheque on his or her last working day, provided it is available at his or her regular place of
work.
51.01 This Agreement may be amended by mutual consent.
52.01 This collective agreement shall expire on May 31, 2002.
52.02 Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the
date it is signed.
52.03 Notwithstanding clause 52.02, the provisions of clause 21.15 Overtime Meal Allowance and articles 25
Shift Premiums, 29 Vacation Leave with Pay and 44 Allowances shall become effective on March 22, 2001.
SIGNED AT OTTAWA, this 2nd day of the month of April 2001.
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