Education and Library Science (EB)

Agreement between the Treasury Board and Public Service Alliance of Canada

Group: Education and Library Science
(all employees)

Codes: 209/215/414
Expiry date:

This Agreement covers the following classifications:

Code Group
209Education (ED)
215Library Science (LS)
414Educational Support (EU)


Note to readers

**Asterisks denote changes from the previous Collective Agreement.

Table of contents

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Article 1 Purpose and Scope of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Alliance and the employee s and to set forth herein certain terms and conditions of employment including rates of pay upon which agreement has been reached through collective bargaining for all employees described in the certificate issued by the former Public Service Staff Relations Board on June 7, 1999 covering employees in the Education and Library Science Group.

1.02 The parties to this Agreement share a desire to improve the quality of the public service of Canada and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and efficiently 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.

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Article 2 Interpretation and Definitions

2.01 For the purpose of this Agreement, the following definitions apply:

"Alliance"
(Alliance) means the Public Service Alliance of Canada;
"allowance"
(indemnité) means compensation payable for the performance of special or additional duties;
"bargaining unit"
(unité de négociation) means the employee s of the Employer in the Group described in Article 7;
"common-law partner"
(conjoint de fait) means a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year;
"compensatory leave"
(congé compensateur) means leave with pay in lieu of cash payment for overtime, work performed on a designated holiday, travelling time compensated at overtime rate, call-back and reporting pay. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment on the day immediately prior to the day on which leave is taken;

**

"continuous employment"
(emploi continu) has the same meaning as specified in the existing Treasury Board Directive on Public Service Terms and Conditions of Employment on the date of signing of this Agreement;
"daily rate of pay"
(taux de rémunération journalier) means:
  1. an employee's weekly rate of pay divided by five (5);
  2. in the case of an employee of the Education (ED) group working a school year, as defined in clause 45.01, the employee's annual rate of pay, plus allowances (if any) divided by the number of working days designated by the province, territory or provincial school unit within which geographical area the teacher is working;
"day of rest"
(jour de repos) in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of the employee being on leave or absent from duty without permission;
"double time"
(tarif double) means two (2) times the employee's hourly rate of pay;
"employee"
(employé-e) means a person so defined in the Public Service Labour Relations Act, and who is a member of the bargaining unit specified in Article 7;
"Employer"
(Employeur) 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;
"family"
(famille) except where otherwise specified in this Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, spouse (including common-law partner resident with the employee), child (including child of common-law partner), stepchild or ward of the employee , grandchild, father-in-law, mother-in-law, the employee's grandparents and relative permanently residing in the employee's household or with whom the employee permanently resides;
"headquarters area"
(zone d'affectation) has the same meaning as given to the expression in the Travel Directive;
"holiday"
(jour férié) means:
  1. the twenty-four (24) our period commencing at 12:01 hours of a day designated as a paid holiday in this Agreement;
  2. however, for the purpose of administration of a shift that does not commence and end on the same day, such shift shall be deemed to have been entirely worked:
    1. on the day it commenced where half (1/2) or more of the hours worked fall on that day
      or
    2. on the day it terminates where more than half (1/2) of the hours worked fall on that day.
"hourly rate of pay"
(taux de rémunération horaire) means the daily rate of pay divided by seven and one-half (7 1/2);
"lay-off"
(mise en disponibilité) means the termination of an employee's employment because of lack of work or because of the discontinuance of a function;
"leave"
(congé) means authorized absence from duty by an employee during his or her regular or normal hours of work;
"membership dues"
(cotisations syndicales) means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy;
"overtime"
(heures supplémentaires) means:
  1. in the case of a full-time employee, authorized work in excess of the employee's scheduled hours of work
    or
  2. in the case of a part-time employee, authorized work in excess of the normal daily or weekly hours of work, specified for the relevant group or sub-group, of a full-time employee, but does not include time worked on a holiday
    or
  3. in the case of a part-time employee whose normal scheduled hours of work are in excess of the normal daily hours of work specified for the relevant group or sub-group, in accordance with the Variable Hours article (Article 39), authorized work in excess of those normal scheduled daily hours or in excess of the average of weekly hours of work, specified for the relevant group or sub-group.
"physical education instructors"
(moniteurs d'éducation physique) are employees who teach or instruct physical education and whose duties are not eligible for inclusion in any other group;
"spouse"
(époux) will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives;
"straight-time rate"
(tarif normal) means the employee's hourly rate of pay;
"teacher"
(professeur) includes classroom teachers, senior teachers, department heads, assistant principals, principals and, in the Correctional Service of Canada, supervisors of education;
"teachers' aides"
(aides-enseignants) are employees who instruct in classrooms or act as kindergarden assistants, classroom assistants and counsellor technicians;
"time and one-half"
(tarif et demi) means one and one-half (1 1/2) times the employee's hourly rate of pay;
"weekly rate of pay"
(taux de rémunération hebdomadaire) means an employee's annual rate of pay divided by 52.176;
"weekly rate of pay
" (taux de rémunération hebdomadaire) for the employee s in the Education (ED) and Educational Support (EU) groups, means:
  1. in the case of an employee working a school year, as defined in clause 45.01, the employee's daily rate of pay multiplied by five (5);
    and
  2. in the case of an employee on a twelve (12) month work year, the employee's annual rate of pay, plus allowances (if any) divided by fifty-two decimal one seven six (52.176).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

  1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
    and
  2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
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Article 3 Application

3.01 The provisions of this Agreement apply to the Alliance, employees and the Employer.

3.02 Both the English and French texts of this Agreement shall be official.

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Article 4 State Security

4.01 Nothing in this Agreement shall be construed to require the Employer to do or refrain from doing anything contrary to any instruction, direction or regulations given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

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Article 5 Precedence of Legislation and the Collective Agreement

5.01 In the event that any law passed by Parliament, applying to public service employees covered by this agreement, renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement.

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Article 6 Managerial Responsibilities

6.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the public service.

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Article 7 Recognition

7.01 The employer recognizes the Alliance as the exclusive bargaining agent for all employees of the Employer described in the certificate issued by the former Public Service Staff Relations Board on June 7, 1999 covering employees in the Education and Library Science Group.

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Article 8 Employee Representatives

8.01 The Employer acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.

8.02 The Alliance and the Employer shall endeavour in consultation to determine the jurisdiction of each representative, having regard to the plan of the organization, the number and distribution of employees at the workplace and the administrative structure implied by the grievance procedure. Where the parties are unable to agree in consultation, then any dispute shall be resolved by the grievance/adjudication procedure.

8.03 The Alliance shall notify the Employer in writing of the name and jurisdiction of its representatives identified pursuant to clause 8.02.

8.04

  1. A representative shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his or her supervisor before resuming his or her normal duties.
  2. Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee's supervisor.
  3. An employee shall not suffer any loss of pay when permitted to leave his or her work under paragraph (a).

8.05 The Alliance shall have the opportunity to have an employee representative introduced to new employees as part of the Employer's formal orientation programs, where they exist.

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Article 9 Use of Employer Facilities

9.01 Reasonable space on bulletin boards in convenient locations, including electronic bulletin board where available, will be made available to the Alliance for the posting of official Alliance notices. The Alliance shall endeavour to avoid requests for posting of notices which the Employer, acting reasonably, could consider adverse to its interests or to the interests of any of its representatives. Posting of notices or other materials shall require the prior approval of the Employer, except notices related to the business affairs of the Alliance, including the names of Alliance representatives, and social and recreational events. Such approval shall not be unreasonably withheld.

9.02 The Employer will also continue its present practice of making available to the Alliance specific locations on its premises and, where it is practical to do so on vessels, for the placement of reasonable quantities of literature of the Alliance.

9.03 A duly accredited representative of the Alliance may be permitted access to the Employer's premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. In the case of access to vessels, the Alliance representative upon boarding any vessel must report to the Master, state his or her business and request permission to conduct such business. It is agreed that these visits will not interfere with the sailing and normal operation of the vessels.

9.04 The Alliance shall provide the Employer with a list of such Alliance representatives and shall advise promptly of any change made to the list.

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Article 10 Check‑Off

10.01 Subject to the provisions of this Article, the Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees. Where an employee does not have sufficient earnings in respect of any month to permit deductions made under this Article, the Employer shall not be obligated to make such deduction from subsequent salary.

10.02 The Alliance shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee.

10.03 For the purpose of applying clause 10.01, deductions from pay for each employee in respect of each calendar month will start with the first (1st) full calendar month of employment to the extent that earnings are available.

10.04 An employee who satisfies the Alliance as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, 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. The Alliance will inform the Employer accordingly.

10.05 No employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Alliance, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees.

10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the Alliance 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 the employee's behalf.

10.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

10.08 The Alliance 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 limited to the amount actually involved in the error.

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Article 11 Information

11.01 The Employer agrees to supply the Alliance each quarter with the name, geographic location and classification of each new employee.

11.02 The Employer agrees to supply each employee with a copy of this Agreement and will endeavour to do so within one (1) month after receipt from the printer.

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Article 12 Labour Disputes

12.01 If employees are prevented from performing their duties because of a strike or lockout on the premises of another employer, the employee s 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.

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Article 13 Restriction onn Outside Employment

13.01 Unless otherwise specified by the Employer as being in an area that could represent a conflict of interest, employees shall not be restricted in engaging in other employment outside the hours they are required to work for the Employer.

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Article 14 Leave With or Without Pay for Alliance Business

Complaints Made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act

14.01 When operational requirements permit, in cases of complaints made to the Public Service Labour Relations Board pursuant to section 190(1) of the PSLRA alleging a breach of sections 157, 186(1)(a), 186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the Employer will grant leave with pay:

  1. to an employee who makes a complaint on his or her own behalf, before the Public Service Labour Relations Board,
    and
  2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.

Applications for Certification, Representations and Interventions With Respect to Applications for Certification

14.02 When operational requirements permit, the Employer will grant leave without pay:

  1. to an employee who represents the Alliance in an application for certification or in an intervention,
    and
  2. to an employee who makes personal representations with respect to a certification.

14.03 The Employer will grant leave with pay:

  1. to an employee called as a witness by the Public Service Labour Relations Board,
    and
  2. when operational requirements permit, to an employee called as a witness by an employee or the Alliance.

Arbitration Board Hearings, Public Interest Commission Hearings and Alternate Dispute Resolution Process

14.04 When operational requirements permit, the Employer will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process.

14.05 The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or in an Alternate Dispute Resolution Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.

Adjudication

14.06 When operational requirements permit, the Employer will grant leave with pay to an employee who is:

  1. a party to the adjudication,
  2. the representative of an employee who is a party to an adjudication,
    and
  3. a witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

14.07 Where an employee representative wishes to discuss a grievance with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his or her grievance, the Employer will, where operational requirements permit, give him or her reasonable leave with pay for this purpose when the discussion takes place in his or her headquarters area and reasonable leave without pay when it takes place outside his or her headquarters area.

14.08 Subject to operational requirements,

  1. when the Employer originates a meeting with a grievor in his or her headquarters area, he or she will be granted leave with pay and "on duty" status when the meeting is held outside the grievor's headquarters area;
  2. when a grievor seeks to meet with the Employer, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area;
  3. when an employee representative attends a meeting referred to in this clause, he or she will be granted leave with pay when the meeting is held in his or her headquarters area and leave without pay when the meeting is held outside his or her headquarters area.

Contract Negotiation Meetings

14.09 When operational requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.

Preparatory Contract Negotiation Meetings

14.10 When operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend preparatory contract negotiation meetings.

Meetings Between the Alliance and Management Not Otherwise Specified in This Article

14.11 When 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 Alliance.

14.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend meetings of the Board of Directors of the Alliance, meetings of the National Executive of the Components, Executive Board meetings of the Alliance, and conventions of the Alliance, the Components, the Canadian Labour Congress, and the Territorial and Provincial Federations of Labour.

Representatives' Training Courses

14.13 When operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representative on behalf of the Alliance to undertake training related to the duties of a representative.

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Article 15 Illigal Strikes

15.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment pursuant to paragraph 12(1)(c) of the Financial Administration Act, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

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Article 16 No Discrimination

16.01 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, mental or physical disability, membership or activity in the Alliance, marital status or a conviction for which a pardon has been granted.

16.02

  1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
  2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

16.03 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.

16.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

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Article 17 Sexual Harassment

17.01 The Alliance 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 workplace.

17.02

  1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
  2. If by reason of paragraph (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

17.03 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.

17.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer subject to the Access to Information and Privacy Act.

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Article 18 Leave General

18.01

  1. When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this Agreement, his or her earned hourly leave credits shall be reconverted into days, with one day being equal to seven decimal five (7.5) hours.
  2. Earned leave credits or other leave entitlements shall be equal to seven decimal five (7.5) hours per day.
  3. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave shall be equal to the number of hours of work scheduled for the employee for the day in question.
  4. Notwithstanding the above, in clause 22.02, "Bereavement Leave with Pay," a "day" will mean a calendar day.

18.02 An employee is entitled, once in each fiscal year, to be informed upon request of the balance of his or her vacation and sick leave credits.

18.03 The amount of leave with pay earned but unused credited to an employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement, shall be retained by the employee .

18.04 An employee shall not be granted two (2) different types of leave with pay or monetary remuneration in lieu of leave in respect of the same period of time.

18.05 An employee who, on the day that this Agreement is signed, is entitled to receive furlough leave, that is to say, five (5) weeks' leave with pay upon completing twenty (20) years of continuous employment, retains his or her entitlement to furlough leave subject to the conditions respecting the granting of such leave that are in force on the day that this Agreement is signed.

18.06 An employee is not entitled to leave with pay during periods he or she is on leave without pay or under suspension.

18.07 In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee , as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

18.08 An employee shall not earn leave credits under this Collective agreement in any month for which leave has already been credited to him or her under the terms of any other collective agreement to which the Employer is a party or under other rules or regulations of the Employer.

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Article 19 Sick Leave With Pay

19.01 An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which the employee receives pay for at least seventy-five (75) hours.

For the purpose of clause 19.01, an employee working a school year as defined in this Agreement is deemed to have received pay for at least seventy-five (75) hours per month during the summer break period, provided the employee continues in the employment of the Employer in the following school year.

19.02 An employee shall be granted sick leave with pay when he or she is unable to perform his or her duties because of illness or injury, provided that:

  1. he or she satisfies the Employer of this condition in such manner and at such time as may be determined by the Employer
    and
  2. he or she has the necessary sick leave credits.

19.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that, because of illness or injury, he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 19.02(a).

19.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 19.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) hours, subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

19.05 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.

19.06 Where, in respect of any period of compensatory leave, an employee is granted sick leave with pay on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period if requested by the employee and approved by the Employer or reinstated for use at a later date.

19.07

  1. Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the public service within two (2) years from the date of lay-off.

**

  1. Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated due to the end of a specified period of employment, and who is re-appointed in the core public administration within one (1) year from the end of the specified period of employment.

19.08 The Employer agrees that an employee terminated for cause for reasons of incapacity pursuant to section 12(1)(e) of the Financial Administration Act by reason of ill health shall not be released at a date earlier than the date on which the employee will have used his or her accumulated sick leave credits.



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Article 20 Vacation Leave With Pay

20.01

  1. The vacation year, for an employee on a twelve (12) month work year, shall be from April 1 to March 31 of the following calendar year, inclusively.
  2. Employees must normally take all of their annual leave during the vacation year in which it is earned.

Accumulation of Vacation Leave Credits

20.02 For each calendar month in which an employee has earned at least seventy-five (75) hours' pay, the employee shall earn vacation leave credits at the rate of:

  1. nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's eighth (8th) year of service occurs if the employee is in the ED or EU Groups;
    or
    nine decimal three seven five (9.375) hours until the month in which the anniversary of the employee's seventh (7th) year of service occurs if the employee is in the LS Group;
  2. twelve decimal five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs if the employee is in the ED or EU Groups;
    or
    twelve decimal five (12.5) hours commencing with the month in which the employee's seventh (7th) anniversary of service occurs if the employee is in the LS Group;
  3. thirteen decimal seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
  4. fourteen decimal four (14.4) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
  5. fifteen decimal six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
  6. sixteen decimal eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
  7. eighteen decimal seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs.

20.03

**

  1. For the purpose of clause 20.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation 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 year following the date of lay-off. For greater certainty, severance payments taken under Article 24.04 to 24.07, or similar provisions in other collective agreements, do not reduce the calculation of service for persons who have not yet left the public service.
  2. Notwithstanding (a) above, an employee who was a member of the bargaining unit on the date of signing of the Collective agreement May 17 or 18 or 19, 1989 or an employee who became a member of the bargaining unit between the date of signing of the Collective agreement – May 17 or 18, or 19, 1989 and May 31, 1990, shall retain, for the purposes of "service" and of establishing his or her vacation entitlement pursuant to this Article, those periods of former service which had previously qualified to count as continuous employment, until such time as his or her employment in the public service is terminated.

Entitlement to Vacation Leave With Pay

20.04 An employee is entitled to vacation leave with pay to the extent of the employee's earned credits but an employee who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the vacation year.

Scheduling of Vacation Leave With Pay

Clause ED-20.05 applies only to the ED Group:

ED - 20.05 Granting of Vacation Leave With Pay

In scheduling vacation leave with pay, the Employer shall, subject to the operational requirements of the service, make every reasonable effort:

  1. to grant the employee his or her vacation leave during the fiscal year in which it is earned and in a manner acceptable to the employee , if so requested by the employee prior to March 31, for periods of leave which extend between May 1 and October 31 and if so requested by the employee prior to October 1, for periods of leave which extend between November 1 and April 30;
  2. to grant an employee vacation leave when specified by the employee if:
    1. the period of vacation leave requested is less than a week
      and
    2. the employee gives the Employer at least two (2) days' advance notice for each day of vacation leave requested.
  3. The Employer may for good and sufficient reason grant vacation leave on shorter notice than that provided for in (b).

Clause;LS/EU-20.05 applies to the LS Group and EU Group only:

LS/EU - 20.05

  1. Employees are expected to take all of their vacation leave during the vacation year in which it is earned.
  2. In order to maintain operational requirements, the Employer reserves the right to schedule employee's vacation leave but shall make every reasonable effort to provide an employee's vacation in an amount and at such time as the employee may request.

20.06 The Employer shall give an employee as much notice as is practicable and reasonable of approval, rejection or cancellation of a request for vacation leave with pay. In the case of rejection or cancellation of such leave, the Employer shall give the written reason therefore upon written request from the employee .

20.07 Where, in respect of any period of vacation leave with pay, an employee is granted:

  1. bereavement leave with pay,
    or
  2. leave with pay because of illness in the immediate family,
    or
  3. sick leave on production of a medical certificate,

the period of vacation leave with pay so displaced shall either be added to the vacation period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

20.08

  1. The leave entitlement for the current vacation year shall be used first.
  2. Where in any vacation year an employee has not been granted all of the annual leave credited to him or her, the unused portion of annual leave shall be carried over into the following year, except that the unused portion of annual leave in excess of two hundred and sixty-two decimal five (262.5) hours 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 applicable to the classification prescribed in the employee's certificate of employment of his or her substantive position in effect on the last day of the preceding fiscal year.
  3. Notwithstanding paragraph (b), during any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twelve decimal five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the certificate of appointment of the employee's substantive position on March 31 of the previous vacation year.
  4. When in a vacation year an employee has applied for vacation leave with pay, in accordance with clause ED 20.05 or LS/EU 20.05, and has not been granted all the leave requested, the portion of the yearly entitlement of leave that was not granted should be rescheduled by mutual agreement into the next vacation year. Such mutual agreement shall not be unreasonably withheld.
  5. While vacation leave credits shall normally not exceed two hundred and sixty-two decimal five (262.5) hours in excess of the current year entitlement, an employee may request, in exceptional circumstances, to carry over additional vacation leave credits for specific purposes. Such request shall include the duration and purpose of the carry-over.

Recall From Vacation Leave With Pay

20.09

  1. The Employer will make every reasonable effort not to recall an employee to duty after the employee has proceeded on vacation leave with pay.
  2. When during any period of vacation leave with pay, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:
    1. in proceeding to employee's place of duty,
      and
    2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled,
      after submitting such accounts as are normally required by the Employer.
  3. The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph 20.09(b) to be reimbursed for reasonable expenses incurred by the employee .

Leave When Employment Terminates

20.10 When an employee dies or otherwise ceases to be employed, the employee or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to the employee's credit by the daily rate of pay applicable immediately prior to the termination of the employee's employment. However, where the employee requests, the Employer shall grant the employee any vacation leave earned but not used by the employee before the employment is terminated by lay-off because of a requirement to meet minimum continuous employment requirements for severance pay.

20.11 Notwithstanding clause 20.10, an employee whose employment is terminated by reason of a declaration of abandonment of position is entitled to receive the payment referred to in clause 20.10, if the employee requests it within six (6) months following the date of termination of employment.

Advance Payments

20.12

  1. The Employer agrees to issue advance payments of estimated net salary for vacation 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 payday before the employee's vacation period commences.
  2. Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. 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.

Cancellation or Alteration of Vacation Leave

20.13 When the Employer cancels or alters a period of vacation leave which it had 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 to the Employer.

Appointment to a Separate Employer

20.14 Notwithstanding clause 20.10, an employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

Appointment from a Separate Employer

20.15 The Employer agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

Summer Leave for the ED-LAT Subgroup of ED (Twelve (12) Month Work Year)

20.16 Employees shall be granted leave without pay during the months of May, June, July, August and September provided a request for such leave is received in writing by the Employer on or before March 15 in each year and provided that leave without pay immediately follows the annual leave. At the departmental level, the total number of requests for leave without pay, spread over the aforementioned five (5) months shall not exceed four per cent (4%) of the employee s subject to this clause. The total number of weeks of leave with pay earned by the employee together with the total number of weeks of leave without pay granted to the employee shall not exceed ten (10) weeks. The period of leave of absence without pay shall be considered as time worked for the purpose of accruing leave credits provided that the employee continues in the employment of the Employer in the month immediately following the employee's return to work.

Exclusion

Employees in the ED-EST subgroup and EU Group who work a ten (10) month work year are excluded from the provisions of paragraph 20.17.

20.17

  1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause 20.03.
  2. The vacation leave credits provided in clause 20.17(a) above shall be excluded from the application of paragraph 20.08 dealing with the carry-over and/or liquidation of vacation leave.
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Article 21 Designated Paid Holidays

Exclusion

Employees in the ED-EST subgroup of the Education Group and in the EU group who work the school year as defined in paragraph 44.01(a) are excluded from the provisions of this Article.

21.01 Subject to clause 21.02, the following days shall be designated paid holidays for employees:

  1. New Year's Day,
  2. Good Friday,
  3. Easter Monday,
  4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's Birthday,
  5. Canada Day,
  6. Labour Day,
  7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
  8. Remembrance Day,
  9. Christmas Day,
  10. Boxing Day,
  11. one additional day in each year 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 additional day is recognized as a provincial or civic holiday, the first Monday in August,
  12. one additional day when proclaimed by an Act of Parliament as a national holiday.

21.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article 14, Leave With or Without Pay For Alliance Business.

21.03 When a day designated as a holiday under clause 21.01 coincides with an employee's day of rest, the holiday shall be moved to the first (1st) scheduled working day following the employee's day of rest. When a day that is a designated holiday is so moved to a day on which the employee is on leave with pay, that day shall count as a holiday and not as a day of leave.

When two (2) days designated as holidays under clause 21.01 coincide with an employee's consecutive days of rest, the holidays shall be moved to the employee's first two (2) scheduled working days following the days of rest. When the days that are designated holidays are so moved to days on which the employee is on leave with pay, those days shall count as holidays and not as days of leave.

21.04 When a day designated as a holiday for an employee is moved to another day under the provisions of clause 21.03:

  1. work performed by an employee on the day from which the holiday was moved shall be considered as worked performed on a day of rest;
    and
  2. work performed by an employee on the day to which the holiday was moved shall be considered as work performed on a holiday.

21.05 When an employee works on a holiday, he or she shall be paid:

  1. time and one half (1 1/2) for all hours worked up to seven decimal five (7.5) hours and double (2) time thereafter, in addition to the pay that the employee would have been granted had he or she not worked on the holiday;
    or
  2. upon request, and with the approval of the Employer, the employee may be granted:
    1. a day of leave with pay (straight-time rate of pay) at a later date in lieu of the holiday;
      and
    2. pay at one and one-half (1 1/2) times the straight-time rate of pay for all hours worked up to seven decimal five (7.5) hours;
      and
    3. pay at two (2) times the straight-time rate of pay for all hours worked by him or her on the holiday in excess of seven decimal five (7.5) hours;
    1. Subject to operational requirements and adequate advance notice, the Employer shall grant lieu days at such times as the employee may request.
    2. When in a fiscal year an employee has not been granted all of his or her lieu days as requested by him or her, at the employee's option, such lieu days shall be paid off at his or her straight-time rate of pay or carried over for one (1) year. In all other cases, unused lieu days shall be paid off at the employee's straight-time rate of pay.
    3. The straight-time rate of pay referred to in subparagraph 21.05(c)(ii) shall be the rate in effect when the lieu day was earned.

21.06 When an employee is required to report for work and reports on a designated holiday, the employee shall be paid the greater of:

  1. compensation in accordance with the provisions of clause 21.05;
    or
  2. three (3) hours' pay at the applicable overtime rate of pay.

21.07 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

21.08 Where a day that is a designated holiday for an employee coincides with a day of leave with pay, that day shall count as a holiday and not as a day of leave.

21.09 Where operational requirements permit, the Employer shall not schedule an employee to work both December 25 and January 1 in the same holiday season.



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Article 22 Other leave With or Without Pay

22.01 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.

22.02 Bereavement Leave With Pay

**

  1. When a member of the employee's family dies, an employee shall be entitled to a bereavement period of seven (7) consecutive calendar days. Such bereavement period, as determined by the employee , must include the day of the memorial commemorating the deceased, or must begin within two (2) days following the death. During such period, the employee shall be paid for those days which are not regular-scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
  2. An employee is entitled to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
  3. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under paragraphs (a) and (b), the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.
  4. It is recognized by the parties that the circumstances which call for leave in respect of bereavement are based on individual circumstances. On request, the deputy head of a department may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a different manner than that provided for in paragraphs (a) and (b).

22.03 Maternity Leave Without Pay

  1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.
  2. Notwithstanding paragraph (a):
    1. where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
    2. where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period while her newborn child is hospitalized,
    the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization while the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
  3. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
  4. The Employer may require an employee to submit a medical certificate certifying pregnancy.
  5. An employee who has not commenced maternity leave without pay may elect to:
    1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
    2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 19, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 19, Sick Leave With Pay, shall include medical disability related to pregnancy.
  6. (f) An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks before the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
  7. (g) Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

22.04 Maternity Allowance

  1. An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), provided that she:
    1. has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
    2. provides the Employer with proof that she has applied for and is in receipt of maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. has signed an agreement with the Employer stating that:
      1. she will return to work on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of the maternity allowance;
      3. should she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows: Allowance received multiplied by the remaining period to be worked following return to work and divided by the total period to be worked as specified in (B). However, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).
  2. For the purpose of sections (a)(iii)(B) and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
  3. Maternity allowance payments made in accordance with the Supplemental Unemployment Benefit Plan will consist of the following:
    1. where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay for each week of the waiting period, less any other monies earned during this period,
      and
    2. for each week that the employee receives a maternity benefit under the Employment Insurance or Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period.
  4. At the employee's request, the payment referred to in subparagraph 22.04(c)(i) will be estimated and advanced to the employee . Adjustments will be made once the employee provides proof of receipt of Employment Insurance maternity or Québec Parental Insurance Plan benefits.
  5. The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec
  6. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight-time earnings by the straight-time earnings the employee would have earned working full-time during such period.
  7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.
  8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate she was being paid on that day.
  9. Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
  10. Maternity allowance payments made under the Supplemental Unemployment Benefit Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

22.05 Special Maternity Allowance for Totally Disabled Employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 22.04(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Longterm Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 22.04(a), other than those specified in sections (A) and (B) of subparagraph 22.04(a)(iii),
    shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of her weekly rate of pay and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under clause 22.04 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insuranceor Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph (a)(i).

22.06 Parental Leave Without Pay

  1. Where an employee has or will have the actual care and custody of a newborn child (including the newborn child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child is born or the day on which the child comes into the employee's care.
  2. Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period beginning on the day on which the child comes into the employee's care.
  3. Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraphs (a) and (b) above may be taken in two periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
      or
    2. where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,
    the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child's hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four (104)weeks after the day on which the child comes into the employee's care.
  5. An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.
  6. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the employee;
    2. grant the employee parental leave without pay with less than four (4) weeks' notice;
    3. require an employee to submit a birth certificate or proof of adoption of the child.
  7. Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

22.07 Parental Allowance

  1. An employee who has been granted parental leave without pay shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of parental leave without pay;
    2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer;
      and
    3. has signed an agreement with the Employer stating that:
      1. the employee will return to work on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the parental allowance, in addition to the period of time referred to in section 22.04(a)(iii)(B), if applicable;
      3. should he or she fail to return to work for the Employer, Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency in accordance with section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows: Allowance received multiplied by the remaining period to be worked following return to work and divided by the total period to be worked as specified in (B).
        however, an employee whose specified period of employment expired and who is rehired in any portion of the Core Public Administration as specified in the Public Service Labour Relations Act or Parks Canada, the Canada Revenue Agency or the Canadian Food Inspection Agency within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).
  2. For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in section (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
  3. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an employee is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
    2. for each week in respect of which the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between the ninety-three per cent (93%) of his or her weekly rate and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period.
    3. where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit under the Québec Parental Insurance Plan and thereafter remains on parental leave without pay, she is eligible to receive a further parental allowance for a period of two (2) weeks, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.
  4. At the employee's request, the payment referred to in subparagraph 22.07(c)(i) will be estimated and advanced to the employee . Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan parental benefits.
  5. The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
  6. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  7. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the employee is entitled for the substantive level to which she or he is appointed.
  8. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
  9. Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance, the allowance shall be adjusted accordingly.
  10. Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  11. The maximum combined, shared maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks for each combined maternity and parental leave without pay.

22.08 Special Parental Allowance for Totally Disabled Employees

  1. An employee who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 22.07(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Insurance Plan benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 22.07(a), other than those specified in sections (A) and (B) of subparagraph 22.07(a)(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or through the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under clause 22.07 for a combined period of no more than the number of weeks while the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insuranceor the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

22.09 Leave Without Pay for the Care of Family

  1. Both parties recognize the importance of access to leave for the purpose of the care of family.
  2. An employee shall be granted leave without pay for the care of family in accordance with the following conditions:
    1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless because of urgent or unforeseeable circumstances, such notice cannot be given;
    2. leave granted under this Article shall be for a minimum period of three (3) weeks;
    3. the total leave granted under this Article shall not exceed five (5) years during an employee's total period of employment in the public service;
    4. leave granted for periods of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.
    5. Compassionate Care Leave
      1. Notwithstanding the definition of "family" found in clause 2.01 and notwithstanding paragraphs 22.09(b)(ii) and (iv) above, an employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits may be granted leave for periods of less than three (3) weeks while in receipt of or awaiting these benefits.
      2. Leave granted under this clause may exceed the five (5) year maximum provided in paragraph (b)(iii) above only for the periods where the employee provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) Compassionate Care Benefits.
      3. When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits has been accepted.
      4. When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits has been denied, paragraphs (i) and (ii) above cease to apply.
    6. An employee who has proceeded on leave without pay may change his or her return-to-work date if such change does not result in additional costs to the Employer.
    7. All leave granted under Leave Without Pay for the Long-Term Care of a Parent or Leave Without Pay for the Care and Nurturing of Pre-School Age Children provisions of previous Education and Library Science collective agreements or other agreements will not count towards the calculation of the maximum amount of time allowed for care of family during an employee's total period of employment in the public service.

22.11 Leave Without Pay for Personal Needs

Leave without pay will be granted for personal needs in the following manner:

  1. subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;
  2. subject to operational requirements, leave without pay for more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;
  3. an employee is entitled to leave without pay for personal needs only once under each of paragraphs (a) and (b) during the employee's total period of employment in the public service. Leave without pay granted under this clause may not be used in combination with maternity, paternity or adoption leave without the consent of the Employer;
  4. leave without pay granted under (a) of this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall not be counted for pay increment purposes;
  5. leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

22.12 Leave Without Pay for Relocation of Spouse

  1. At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse is permanently relocated and up to five (5) years to an employee whose spouse is temporarily relocated.
  2. Leave without pay granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved, except where the period of such leave is less than three (3) months. Time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

22.13 Leave with Pay for Family-Related Responsibilities

**

  1. For the purpose of this clause, family is defined as:
    1. spouse (or common-law partner resident with the employee);
    2. children (including foster children, step-childrenand children of spouse or common-law partner);
    3. parents (including step-parents or foster parents); or
    4. any relative permanently residing in the employee's household or with whom the employee permanently resides.
  2. The total leave with pay which may be granted under this clause shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.
  3. Subject to paragraph (b), the Employer shall grant leave with pay under the following circumstances:
    1. to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
    2. to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
    3. to provide for the immediate and temporary care of an elderly member of the employee's family;
    4. for needs directly related to the birth or to the adoption of the employee's child.

**

  1. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in paragraph 22.13 (b) above may be used:
    1. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
    2. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
    3. to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.
  2. Where, in respect of any period of compensatory leave, an employee is granted leave with pay for illness in the family under sub-paragraph (c)(ii) above, on production of a medical certificate, the period of compensatory leave so displaced shall either be added to the compensatory leave period, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

22.14 Court Leave

The Employer shall grant leave with pay to an employee for the period of time he or she is required:

  1. to be available for jury selection;
  2. to serve on a jury;
  3. by subpoena or summons to attend as a witness in any proceeding held:
    1. in or under the authority of a court of justice or before a grand jury,
    2. before a court, judge, justice, magistrate or coroner,
    3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position,
    4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it,
      or
    5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

22.15 Injury-On-Duty Leave

An employeeshall be granted injury-on-duty leave with pay for such period as may be reasonably determined by the Employer when a claim has been made pursuant to the Government Employees' Compensation Act, and a Workers' Compensation authority has notified the Employer that it has certified that the employee is unable to work because of:

  1. personal injury accidentally received in the performance of his or her duties and not caused by the employee's wilful misconduct,
    or
  2. an industrial illness or a disease arising out of and in the course of the employee's employment,

if the employee agrees to remit to the Receiver General of Canada any amount received by him or her in compensation for loss of pay resulting from or in respect of such injury, illness or disease providing, however, that such amount does not stem from a personal disability policy for which the employee or the employee's agent has paid the premium.

22.16 Personnel Selection Leave

Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the Public Service Labour Relations Act, the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where his or her presence is so required.

22.17 Leave With or Without Pay for Other Reasons

  1. At its discretion, the Employer may grant:
    1. leave with pay when circumstances not directly attributable to the employee prevent his or her reporting for duty; such leave shall not be unreasonably withheld;
    2. leave with or without pay for purposes other than those specified in this Agreement.
  2. Personal Leave
    Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay for reasons of a personal nature.
    The leave will be scheduled at times convenient to both the employee and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leaves at such times as the employee may request.
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Article 23 Education Leave Without Pay and Career Development

Clause 23.01 to 23.12 Inclusively Apply only to the Employees in the Education (ED) Group and Educational Support (EU) Group

Education Leave

23.01 For the purposes of clause 23.02 to 23.11, the Employer will normally consider once per year the applications for education leave, when the courses begin after June 1 of the current year and end no later than June 30 of the following year.

23.02 The Employer recognizes the usefulness of education leave and will grant such leave to employees for varying periods of up to one (1) year which can be renewed by mutual agreement in order to permit them to acquire additional or special training in some field of education in which special preparation is needed to enable the applicant to fill his or her present role more adequately in order to permit the employee to undertake studies in some field in which training is needed in order to provide a service which the Employer requires or is planning to provide.

23.03 Applications for education leave must normally be submitted to the Employer by April 1 of the previous school year. All applications must be accompanied by a statement outlining the field of study, the program to be followed and the value of the leave to the employee and to the Employer.

23.04 Education leave shall be granted to the maximum possible number of employees who make application for such leave, but in any case shall be not less than one per cent (1%) of the total number of person-years in the respective subgroup as determined on April 1of each year.

The criteria for selection proposed by the Employer, as well as the method of communication, are submitted to the appropriate Alliance representative for consultation purposes, as provided for in Article 35. Subsequent to such consultation, the Employer chooses the selection of criteria and method of communication, which will be used and provides a copy of these to the appropriate Alliance representative.

All applications for education leave will be reviewed by the Employer, and a list of the applications received, indicating the names of the applicants to whom the Employer grants the leave, shall be provided to the appropriate Alliance representative. The employee will then be advised in writing on or before May 1 whether his or her application has been accepted or rejected.

23.05 An employee on education leave shall receive allowances in lieu of salary equivalent to from fifty per cent (50%) to one hundred per cent (100%) of basic salary.

23.06 For the purpose of calculating the education leave allowance, the term "basic salary" shall include any compensation and allowance set out in the collective agreement already paid to an employee.

23.07 Allowances already being received by the employee but not provided for in this collective agreement may, at the discretion of the Employer, be continued during the period of education leave and the employee shall be notified when the leave is approved, whether such allowances are to be continued in whole or in part.

23.08 As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to commencement of the leave to return to the service of the Employer for a period at least equal to the period of the leave granted.

If the employee:

  1. fails to complete the approved program of studies;
  2. does not resume employment with the Employer following completion of the program;
    or
  3. ceases to be employed before termination of the period he or she has undertaken to serve after completion of the program,

the employee shall repay the Employer all allowances paid to him or her during the education leave or such lesser sum as shall be determined by the Employer.

23.09 The employee shall be returned to a position at a basic salary level not lower than the position encumbered immediately prior to the commencement of the leave.

Professional Development

The parties recognize that in order to maintain and enhance professional expertise, employees need to have opportunities to attend and participate in professional development activities described in clause 23.10.

23.10

  1. Professional development refers to an activity which in the opinion of the Employer, is likely to be of assistance to the individual in furthering his or her professional development and to the organization in achieving its goals. The following activities shall be deemed to be part of professional development:
    1. a course given by the Employer;
    2. a course, including correspondence and on-line courses, offered by a recognized academic institution;
    3. a research program carried out in a recognized institution;
    4. a symposium, seminar, conference, convention or study session in a specialized field directly related to the employee's work.
  2. The Employer shall communicate to employees the process for accessing the learning opportunities identified in paragraph 23.10(a).
  3. Where an employee has submitted an application for professional development leave in one of the activities described in paragraph 23.10(a) above and has been selected by the Employer, the employee shall continue to receive his or her normal salary plus any allowances that apply, in addition to any increments to which the employee may be entitled. The employee shall receive no pay under Articles 27 and 48 during time spent on professional development leave provided for in this clause.
  4. Employees taking professional development training shall be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.
  5. Once the Employer has selected an employee for professional development leave, according to subparagraphs 23.10(a)(ii), (iii), (iv) above, the Employer shall consult with the employee to determine the institution where the work or study program concerned will be undertaken and the duration of the program.

23.11 Examination Leave

Leave.of absence with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee's scheduled hours of work. Such leave of absence will be granted only when the course of study is directly related to the employee's duties or will improve his or her professional qualifications.

23.12 Attendance at Courses at the Request of the Employer

If an employee attends a course at the request of the Employer, the employee shall be considered as being on duty and his or her pay and allowances shall be determined accordingly.

Clauses 23.13 to 23.16 Inclusively Apply Only to the Employees of the Library Science (LS) Group.

23.13 Education Leave

  1. An employee may be granted education leave without pay for varying periods up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for additional or special studies in some field of education in which special preparation is needed to enable the employee to fill his or her present role more adequately, or to undertake studies in some field in order to provide a service which the Employer requires or is planning to provide.
  2. An employee on education leave, under this clause, shall receive allowances in lieu of salary equivalent to not less than fifty per cent (50%) and up to one hundred per cent (100%) of his or her basic salary, provided that, when the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
  3. Any allowance already being received by the employee and not part of his or her basic salary shall not be used in the calculation of the education leave allowance.
  4. Allowances already being received by the employee may at the discretion of the Employer be continued during the period of the education leave and the employee shall be notified when the leave is approved, whether such allowances are to be continued in whole or in part.
  5. As a condition to the granting of education leave, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Employer for a period of not less than the period of the leave granted. If the employee , except with the permission of the Employer,
    1. fails to complete the course,
    2. does not resume employment with the Employer on completion of the course,
      or
    3. ceases to be employed before termination of the period he or she has undertaken to serve after completion of the course,
    the employee shall repay the Employer all allowances paid to him or her under this clause during the education leave or such lesser sum as shall be determined by the Employer.
  6. The Employer will endeavour to return the employee to a position at a basic salary level not lower than the position he or she encumbered immediately prior to the commencement of the education leave.

23.14 Attendance at Conferences and Conventions

  1. In order that each employee shall have the opportunity for an exchange of knowledge and experience with his or her professional colleagues, the employee shall have the right to apply to attend a reasonable number of conferences or conventions related to his or her field of specialization. The Employer may grant leave with pay and reasonable expenses, including registration fees, to attend such gatherings, subject to budgetary and operational constraints as determined by the Employer.
  2. An employee who attends a conference or convention at the request of the Employer to represent the interests of the Employer shall be deemed to be on duty and, as required, on travel status.
  3. An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to his or her field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of registration fees and reasonable travel expenses.
  4. An employee shall not be entitled to any compensation under Articles 27 and 48 in respect of hours he or she is in attendance at or travelling to or from a conference or convention, under the provisions of this clause, except as may be provided in paragraph 23.16(b).

23.15 Professional Development

  1. The parties to this agreement share a desire to improve professional standards by giving employees the opportunity, on occasion:
    1. to participate in seminars, workshops, short courses or similar outservice programs to keep up to date with knowledge and skills in their respective fields:
    2. to conduct research or to perform work related to their normal research programs in institutions or locations other than those of the Employer:
      or
    3. to perform work in a cooperating department or agency for a short period of time in order to enhance the relevant subject knowledge or the technical expertise of the employee .
  2. An employee may apply at any time for professional development under this clause and the Employer may select an employee at any time for such professional development.
  3. When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.
  4. An employee selected for professional development, under this clause, will continue to receive his or her normal compensation, including any increase for which the employee may become eligible. The employee shall not be entitled to any compensation under Articles 27 and 48 while on professional development under this clause.
  5. An employee on professional development, under this clause, may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

23.16 Examination Leave

Leave of absence with pay to write examinations may be granted by the Employer to an employee who is not on educational leave. Such leave will be granted only when, in the opinion of the Employer, the course of study is directly related to the employee's duties or will improve his or her qualifications.

23.17 Departmental Continuous Learning Consultation Committee

  1. The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Continuous Learning. To this effect, the parties agree that such consultation will be held at the departmental level either through the existing Joint Consultation Committee or through the creation of a Departmental Continuous Learning Consultation Committee. A consultation committee as determined by the parties may be established at the local, regional or national level.
  2. The Departmental Consultation Committee 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.
  3. Employees forming the continuing membership of the Departmental 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.
  4. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
  5. It is understood that no commitment may be made by either Party on a subject that is not within its authority or jurisdiction, nor shall any commitment made be so construed as to alter, amend, add to or modify the terms of this Agreement.
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Article 24 Severance Pay

**

Effective July 2, 2011 clauses 24.01(b) and (d) are deleted from the collective agreement.

24.01 Under the following circumstances and subject to clause 24.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which he or she is entitled for the classification prescribed in his or her certificate of appointment on the date of his or her termination of employment.

  1. Lay-off
    **
    1. On the first lay-off, for the first complete year of continuous employment, two (2) weeks' pay, or three (3) weeks' pay for employees with ten (10) or more and less than twenty (20) years continuous employment, or four (4) weeks' pay for employees with twenty or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
    2. On second or subsequent lay-off one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted severance pay under subparagraph (a)(i).
  2. Resignation
    On resignation, subject to paragraph 24.01(d) and with ten (10) or more years of continuous employment, one half (1/2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.
  3. Rejection on Probation
    On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week's pay.
  4. Retirement
    1. On retirement, when an employee is entitled to an immediate annuity under the Public Service Superannuation Act or when the employee is entitled to an immediate annual allowance under the Public Service Superannuation Act,
      or
    2. a part-time employee, who regularly works more than thirteen and one half (13 1/2) but less than thirty (30) hours a week, and who, if he or she were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if he or she were a contributor under the Public Service Superannuation Act,
    a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
  5. Death
    If an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
  6. Termination for Cause for Reasons of Incapacity or Incompetence
    1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to section 12(1)(e) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
    2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to section 12(l)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

**

24.02 Severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clauses 24.01 and 24.04 be pyramided.

For greater certainty, payments made pursuant to 24.04 – 24.07 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

**

24.03 Appointment to a Separate Agency Organization

An employee who resigns to accept an appointment with an organization listed in Schedule V of the Financial Administration Act shall be paid all severance payments resulting from the application of 24.01(b) (prior to July 2, 2011) or 24.04 – 24.07 (commencing on July 2, 2011).

**

24.04 Severance Termination

  1. Subject to 24.02 above, indeterminate employees on July 2, 2011 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks.
  2. Subject to 24.02 above, term employees on July 2, 2011 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

**

Terms of Payment

24.05 Options

The amount to which an employee is entitled shall be paid, at the employee's discretion, either:

  1. as a single payment at the rate of pay of the employee's substantive position as of July 2, 2011, or
  2. as a single payment at the time of the employee's termination of employment from the core public administration, based on the rate of pay of the employee's substantive position at the date of termination of employment from the core public administration, or
  3. as a combination of (a) and (b), pursuant to 24.06(c).

**

24.06 Selection of Option

  1. The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the official date of signing of the collective agreement.
  2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the official date of signing of the collective agreement.
  3. The employee who opts for the option described in 24.05(c) must specify the number of complete weeks to be paid out pursuant to 24.05(a) and the remainder to be paid out pursuant to 24.05(b).
  4. An employee who does not make a selection under 24.06(b) will be deemed to have chosen option 24.05(b).

**

24.07 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the EB bargaining unit from a position outside the EB bargaining where, at the date of appointment, provisions similar to those in 24.01(b) and (d) are still in force, unless the appointment is only on an acting basis.

  1. Subject to 24.02 above, on the date an indeterminate employee becomes subject to this Agreement after July 2, 2011, he or she shall be entitled to severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  2. Subject to 24.02 above, on the date an term employee becomes subject to this Agreement after July 2, 2011, he or she shall be entitled to severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in 24.05, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
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Article 25 Penological Factor Allowance

General

25.01 A Penological Factor Allowance shall be payable to incumbents in some positions in the bargaining unit which are in the Correctional Service Canada, subject to the following conditions.

25.02 The Penological Factor Allowance is used to provide additional compensation to an incumbent of a position who, by reason of duties being performed in a penitentiary, as defined in the Corrections and Conditional Release Act as amended from time to time, assumes additional responsibilities for the custody of inmates other than those exercised by the Correctional Group.

25.03 The payment of the allowance for the Penological Factor is determined by the designated security level of the penitentiary as determined by the Correctional Service of Canada. For those institutions with more than one (1) designated security level (i.e. multi-level institutions), the PFA shall be determined by the highest security level of the institution.

Amount of PFA

25.04

Penological Factor
Designated Security level of the Penitentiary
Maximum Medium Minimum
$2,000 $1,000 $600

Application of PFA

25.05 The Penological Factor Allowance shall only be payable to the incumbent of a position on the establishment of, or loaned to, Correctional Staff Colleges, Regional Headquarters, and National Headquarters, when the conditions described in clause 25.02 above are applicable.

25.06 The applicability of PFA to a position and the position's level of PFA entitlement shall be determined by the Employer following consultation with the bargaining agent.

25.07 Except as prescribed in clause 25.10 below, an employee shall be entitled to receive PFA for any month in which he or she receives a minimum of ten (10) days' pay in a position(s) to which PFA applies.

25.08 Except as provided in clause 25.09 below, PFA shall be adjusted when the incumbent of a position to which PFA applies is appointed or assigned duties in another position to which a different level of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, and for each month in which an employee performs duties in more than one position to which PFA applies, the employee shall receive the higher allowance, provided he or she has performed duties for at least ten (10) days as the incumbent of the position to which the higher allowance applies.

25.09 When the incumbent of a position to which PFA applies is temporarily assigned a position to which a different level of PFA, or no PFA, applies, and when the employee's basic monthly pay entitlement in the position to which he or she is temporarily assigned, plus PFA, if applicable, would be less than his or her basic monthly pay entitlement plus PFA in his or her regular position, the employee shall receive the PFA applicable to his or her regular position.

25.10 An employee will be entitled to receive PFA, in accordance with the PFA applicable to his or her regular position:

  1. during any period of paid leave up to a maximum of sixty (60) consecutive calendar days,
    or
  2. during the full period of paid leave where an employee is granted injury-on-duty leave with pay because of an injury resulting from an act of violence from one or more inmates.

25.11 The PFA shall not form part of an employee's salary except for the purposes of the following benefit plans:

  • Public Service Superannuation Act
  • Public Service Disability Insurance Plan
  • Canada Pension Plan
  • Quebec Pension Plan
  • Employment Insurance
  • Government Employees Compensation Act
  • Flying Accident Compensation Regulations

25.12 If, in any month, an employee is disabled or dies prior to establishing an entitlement to PFA, the PFA benefits accruing to the employee or the employee's estate shall be determined in accordance with the PFA entitlement for the month preceding such disablement or death.

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Article 26 Pay Administration

26.01 Except as provided in this Article, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

26.02 An employee is entitled to be paid for services rendered at:

  1. 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
  2. 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.

26.03

  1. The rates of pay set forth in Appendix "A" shall become effective on the dates specified.
  2. 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:
    1. "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 therefore;
    2. 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 groups identified in Article 7 of this Agreement during the retroactive period;
    3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
    4. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
    5. no payment or notification shall be made pursuant to paragraph 26.03(b) for one dollar ($1.00) or less.

26.04 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.

26.05 This article is subject to the Memorandum of Understanding signed by the Employer and the Alliance dated February 9, 1982, in respect of red-circled employees.

26.06 If, during the term of this Agreement, a new classification standard for the 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 Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

26.07

  1. 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 three (3) consecutive working days, 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.
  2. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for purposes of the qualifying period.

26.08 When the regular payday 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.

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Article 27 Travelling Time

27.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

27.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clause 27.03 and 27.04. Travelling time shall include time necessarily spent at each stopover en route provided such stop-over is not longer than three (3) hours.

27.03 For the purposes of clause 27.02 and 27.04, the travelling time for which an employee shall be compensated is as follows:

  1. For travel by public transportation, the time between the scheduled time of departure and the time of arrival at a destination, including the normal travel time to the point of departure, as determined by the Employer.
  2. For travel by private means of transportation, the normal time as determined by the Employer, to proceed from the employee's place of residence or workplace, as applicable, direct to the employee's destination and, upon the employee's return, direct back to the employee's residence or workplace.
  3. In the event that an alternative time of departure and/or means of travel is requested by the employee , the Employer may authorize such alternative arrangements, in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

27.04 If an employee is required to travel as set forth in clauses 27.02 and 27.03:

  1. on a normal working day on which the employee travels but does not work, the employee shall receive his or her regular pay for the day.
  2. on a normal working day on which the employee travels and works, the employee shall be paid:
    1. his or her regular pay for the day for a combined period of travel and work not exceeding his or her regular scheduled working hours;
      and
    2. at the applicable overtime rate for additional travel time in excess of his or her regular scheduled hours of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate of pay:
  3. on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate of pay.

Travel time shall be compensated in cash, except where, upon request of an employee and with the approval of the Employer, travel time shall be compensated by leave with pay. The duration of such leave shall be equal to the travel time multiplied by the appropriate rate of payment and payment shall be based on the employee's hourly rate of pay in effect on the date immediately prior to the day on which the leave is taken. Compensatory leave outstanding at the end of a fiscal year shall be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in the employee's certificate of appointment, on the last day of the fiscal year.

27.05 This Article does not apply to an employee when the employee travels by any type of transport in which he or she is required to perform work, and/or which also serves as his or her living quarters during a tour of duty. In such circumstances, the employee shall receive the greater of:

  1. on a normal working day, his or her regular pay for the day;
    or
  2. pay for actual hours worked in accordance with Article 21, Designated Paid Holidays and the overtime provisions of this Agreement.

27.06 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.

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Article 28 Call‑Back Pay

28.01 If an employee is called back to work

  1. on a designated paid holiday which is not the employee's scheduled day of work;
    or
  2. on the employee's day of rest;
    or
  3. after the employee has completed his or her work for the day and has left his or her place of work, and returns to work, the employee shall be paid the greater of:
    1. compensation equivalent to three (3) hours' pay at the applicable overtime rate of pay for each call-back to a maximum of eight (8) hours' compensation in an eight (8) hour period. Such maximum shall include any reporting pay pursuant to clause 21.06 and the Reporting Pay Provisions of this agreement;
      or
    2. compensation at the applicable rate of overtime compensation for time worked,
    provided that the period worked by the employee is not contiguous to the employee's normal hours of work.
  4. The minimum payment referred to in subparagraph 28.01(c)(i) above does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with Article 38.11.

28.02 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

28.03 Call-Back Worked from a Remote Location

An employee who receives a call to duty or responds to a telephone or data line call while on standby or at any other time outside of his or her scheduled hours of work, may at the discretion of the Employer work at the employee's residence or at another place to which the Employer agrees. In such instances, the employee shall be paid the greater of:

  1. compensation at the applicable overtime rate for any time worked,
    or
  2. compensation equivalent to one (1) hour's pay at the straight-time rate, which shall apply only the first time an employee performs work during an eight (8) hour period, starting when the employee first commences the work.

No Pyramiding of Payments

28.04 Payments provided under the Overtime, Reporting Pay, Designated Paid Holiday, Standby provisions and clause 28.01 above shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.

28.05 Compensatory Leave

Clause 48.07, 48.08 and 48.09 of the Overtime article (Article 48) apply to compensation earned according to subparagraph 28.01(c)(i) and paragraph 28.01(d).

28.06 Transportation expenses

  1. When an employee is required to report for work and reports under the conditions described in paragraphs 28.01(c) and (d), and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:
    1. mileage allowance at the rate normally paid to an employee when authorized by the Employer to use his or her automobile when the employee travels by means of his or her own automobile;
      or
    2. out-of-pocket expenses for other means of commercial transportation.
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Article 29 Standby

29.01 Where the Employer requires an employee to be available on standby during off-duty hours, such employee shall be compensated at the rate of one-half (1/2) hour for each four (4) hour period or part thereof for which the employee has been designated as being on standby duty.

29.02 An employee designated by letter or by list for standby duty shall be available during his or her period of standby at a known telephone number and be available to return for duty as quickly as possible if called. In designating employees for standby, the Employer will endeavour to provide for the equitable distribution of standby duties.

29.03 No standby payment shall be granted if an employee is unable to report for duty when required.

29.04 An employee on standby who is required to report for work and reports shall be compensated in accordance with clauses 28.01(c), 28.01(d) and 28.04, and is also eligible for reimbursement of transportation expenses in accordance with clause 28.05.

29.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee's normal place of work, time spent by the employee reporting to work or returning to his or her residence shall not constitute time worked.

No Pyramiding of Payments

29.06 Payments provided under the Overtime, Reporting Pay, Designated Paid Holidays, Call-Back Pay provisions and clause 29.04 above shall not be pyramided, that is, an employee shall not receive more than one compensation for the same service.

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Article 30 Shift Premiums and Weekend Premiums

30.01 Shift Premium

A shift work employee whose hours of work are scheduled pursuant to clauses 43.04, 44.11 and 45.04 will receive a shift premium of one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

30.02 Weekend Premium

An employee working on shifts during a weekend will receive an additional premium of one dollar and fifty cents ($1.50) per hour for all hours worked, including overtime hours, on Saturday and/or Sunday.

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Article 31 Statement of Duties

31.01 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.

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Article 32 Discipline

32.01 When an employee is suspended from duty or terminated in accordance with paragraph 12(1)(c) of the Financial Administration Act, the Employer undertakes to notify the employee in writing of the reason for such suspension or termination. The Employer shall endeavour to give such notification at the time of suspension or termination.

32.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Alliance attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day's notice of such a meeting.

32.03 The Employer shall notify the local representative of the Alliance as soon as possible that such suspension or termination has occurred.

32.04 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document from the file of an employee the content of which the employee was not aware of at the time of filing or within a reasonable period thereafter.

32.05 Any document or written statement related to 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.

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Article 33 Employee Performance Review and Employee Files

33.01

  1. 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 in the form.
  2. 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.
  3. An employee has the right to make written comments to be attached to the performance review form.

33.02

  1. Prior to an employee performance review, the employee shall be given:
    1. the evaluation form which will be used for the review;
    2. any written document which provides instructions to the person conducting the review;
  2. if during the employee performance review, either the form or instructions are changed, they shall be given to the employee .

33.03 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.

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Article 34 Health and Safety

34.01 The Employer shall make reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Alliance, and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.

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Article 35 Joint Consultation

Clauses 35.01 to 35.04 Inclusively Apply Only to the Library Science (LS) Group and Educational Support (EU) Group

35.01 The parties acknowledge the mutual benefits to be derived from joint consultation and are prepared to enter into discussion aimed at the development and introduction of appropriate machinery for the purpose of providing joint consultation on matters of common interest.

35.02 Within five (5) days of notification of consultation served by either Party, the Alliance shall notify the Employer in writing of the representatives authorized to act on behalf of the Alliance for consultation purposes.

35.03 Upon request of either Party, the Parties to this Agreement shall consult meaningfully at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

35.04 Without prejudice to the position the Employer or the Alliance may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the subjects that may be determined as appropriate for joint consultation will be by agreement of the Parties.

Clauses 35.05 to 35.11 Inclusively Apply Only to the Education (ED) Group

Consultation Committees

35.05 To facilitate discussions on matters of mutual interest outside the terms of this collective agreement, the Employer recognizes the following Education Group committees of the Alliance for the purpose of consulting with management:

  1. with regard to the Elementary and Secondary Teaching subgroup, regional committees in each province but only one (1) for the Maritime provinces;
  2. the procedure regarding consultation with the Correctional Service of Canada will be established by mutual agreement between the two (2) parties;
  3. with regard to the Language Teaching subgroup, committees in each region and/or work unit determined by mutual agreement by the Canada School of Public Service Joint Departmental Committee. The procedure regarding consultation with the Department of National Defence will be established by mutual agreement between the two (2) Parties.

35.06 The Parties will consult for the purpose of providing information, discussing the application of policies, promoting understanding and reviewing problems.

35.07 The Employer agrees to inform and consult with the appropriate Alliance representatives on proposed changes which affect the majority of the employee s in any work unit.

35.08 It is understood that no commitment may be made by either Party on a subject that is not within its authority or jurisdiction, nor shall any commitment made be so construed as to alter, amend, add to or modify the terms of this agreement.

35.09 Representation at such meetings will be limited to five (5) representatives from each Party, except that by mutual agreement of the parties, the number of representatives may be decreased or increased. It is agreed that meetings will be held at the request of either Party.

35.10 Committee meetings will normally be held on the Employer's premises at times to be determined by mutual agreement between the representatives of both sides. Representatives of the parties will normally exchange a written agenda for the meeting not less than five (5) calendar days in advance of the date of each meeting.

35.11 Full-time 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.

The Employer shall not be responsible for any travel or other expenses incurred by employees travelling or attending such consultation meetings with management.

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Article 36 National Joint Council Agreements

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 Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in subsection 113(b) of the PSLRA.

36.02 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 Chairperson of the Public Service Labour Relations Board has made a ruling pursuant to clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978.

36.03

  1. The following directives, as amended from time to time by the 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
    • First Aid to the General Public - Allowance for Employees
    • Foreign Service Directives
    • Isolated Posts and Government Housing Directive
    • Motor Vehicle Operations Directive
    • NJC Relocation Directive
    • Occupational Health and Safety Directive
    • Pesticides Directive
    • Public Service Health Care Plan Directive
    • Travel Directive
    • Uniforms Directive
  2. During the term of this Agreement, other directives may be added to the above noted list.

36.04 Grievances in regard to the above directives shall be filed in accordance with clause 37.01 of the article on grievance procedure in this Agreement.

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Article 37 Grievance Procedure

37.01 In cases of alleged misinterpretation or misapplication arising out of Agreements concluded by the National Joint Council of the Public Service on items that may be included in a collective agreement and that the Parties to this Agreement have endorsed, the grievance procedure will be in accordance with Section 15 of the NJC by-laws.

Individual Grievances

37.02 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee may present an individual grievance to the Employer if he or she feels aggrieved:

  1. by the interpretation or application, in respect of the employee , of:
    1. a provision of a statute or regulation, or of a direction or other instrument made or issued by the Employer, that deals with terms and conditions of employment;
      or
    2. a provision of the collective agreement or an arbitral award;
    or
  2. as a result of any occurrence or matter affecting his or her terms and conditions of employment.

Group Grievances

37.03 Subject to and as provided in section 215 of the Public Service Labour Relations Act, the Alliance may present a group grievance to the Employer on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.

  1. In order to present a group grievance, the Alliance must first obtain the written consent of each of the employee s concerned.
  2. A group grievance shall not be deemed to be invalid by reason only of the fact that the consent is not in accordance with Form 19.
  3. A group grievance must relate to employees in a single portion of the Federal Public Administration.

Policy Grievances

37.04 Subject to and as provided in section 220 of the Public Service Labour Relations Act, the Alliance or the Employer may present a policy grievance in respect of the interpretation or application of the collective agreement or of an arbitral award.

  1. A policy grievance may be presented by the Alliance only at the final level of the grievance procedure, to an authorized representative of the Employer. The Employer shall inform the Alliance of the name, title and address of this representative.
  2. The grievance procedure for a policy grievance by the Employer shall also be composed of a single level, with the grievance presented to an authorized representative of the Alliance. The Alliance shall inform the Employer of the name, title and address of this representative.

Grievance Procedure

37.05 For the purposes of this Article, a grievor is an employee or, in the case of a group or policy grievance, the Alliance.

37.06 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a grievor to abandon a grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.

37.07 The parties recognize the value of informal discussion between employees and their supervisors and between the Alliance and the Employer to the end that problems might be resolved without recourse to a formal grievance. When notice is given that an employee or the Alliance, within the time limits prescribed in clause 37.15, 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.

37.08 A grievor wishing to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the employee's immediate supervisor or local officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Employer authorized to deal with grievances at the appropriate level,
    and
  2. provide the grievor with a receipt stating the date on which the grievance was received.

37.09 A grievance 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.

37.10 Subject to and as provided for in the Public Service Labour Relations Act, a grievor who feels treated unjustly 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 37.08, except that:

  1. where there is another administrative procedure provided by or under any Act of Parliament to deal with the grievor's specific complaint such procedure must be followed,
    and
  2. where the grievance relates to the interpretation or application of this collective agreement or an arbitral award, an employee is not entitled to present the grievance unless he has the approval of and is represented by the Alliance.

37.11 There shall be no more than a maximum of four (4) levels in the grievance procedure. These levels shall be as follows:

  1. Level 1 - first level of management;
  2. Levels 2 and 3 in departments or agencies where such a levels are established - intermediate level(s);
  3. Final Level - Chief Executive or Deputy Head or an authorized representative.

Whenever there are four (4) levels in the grievance procedure, the grievor may elect to waive either Level 2 or 3.

No employer representative may hear the same grievance at more than one level in the grievance procedure.

37.12 The Employer shall designate a representative at each level 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.

37.13 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 employee s to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Alliance.

37.14 An employee may be assisted and/or represented by the Alliance when presenting a grievance at any level. The Alliance shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.

37.15 A grievor may present a grievance to the first level of the procedure in the manner prescribed in clause 37.08, not later than the twenty-fifth (25th) day after the date on which the grievor is notified or on which the grievor first becomes aware of the action or circumstances giving rise to the grievance. The Employer may present a policy grievance in the manner prescribed in clause 37.04 not later than the twenty-fifth (25th) day after the date on which the Employer is notified orally or in writing or on which the Employer first becomes aware of the action or circumstances giving rise to the policy grievance.

37.16 A grievor may present a grievance at each succeeding level in the grievance procedure beyond the first level either:

  1. where the decision or settlement is not satisfactory to the grievor, within ten (10) days after that decision or settlement has been conveyed in writing to the grievor by the Employer,
    or
  2. where the Employer has not conveyed a decision to the grievor within the time prescribed in clause 37.17, within fifteen (15) days after presentation by the grievor of the grievance at the previous level.

37.17 The Employer shall normally reply to a grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within twenty (20) days where the grievance is presented at the final level except in the case of a policy grievance, to which the Employer shall normally respond within thirty (30) days. The Alliance shall normally reply to a policy grievance presented by the Employer within thirty (30) days.

37.18 Where an employee has been represented by the Alliance in the presentation of the employee's grievance, the Employer will provide the appropriate representative of the Alliance with a copy of the Employer's decision at each level of the grievance procedure at the same time that the Employer's decision is conveyed to the employee.

37.19 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

37.20 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.

37.21 Where the provisions of clause 37.08 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 level 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 level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

37.22 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the grievor and, where appropriate the Alliance representative.

37.23 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the grievor, and, where applicable, the Alliance.

37.24 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the final level only.

37.25 A grievor may by written notice to the immediate supervisor or officer-in-charge abandon a grievance.

37.26 Any grievor who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond the grievor's control, the grievor was unable to comply with the prescribed time limits.

37.27 Where a grievance has been presented up to and including the final level in the grievance procedure with respect to:

  1. the interpretation or application of a provision of this collective agreement or related arbitral award,
    or
  2. termination of employment or demotion pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act,
    or
  3. disciplinary action resulting in suspension or financial penalty,

and the grievance has not been dealt with to the grievor's satisfaction, it may be referred to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

37.28 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 Alliance signifies:

  1. its approval of the reference of the grievance to adjudication,
    and
  2. its willingness to represent the employee in the adjudication proceedings.

Expedited Adjudication

37.29 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

  1. 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.
  2. When the parties agree that a particular grievance will proceed through Expedited Adjudication, the Alliance will submit to the PSLRB the consent form signed by the grievor or the bargaining agent.
  3. 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 PSLRB or to the Adjudicator at the hearing.
  4. No witnesses will testify.
  5. The Adjudicator will be appointed by the PSLRB from among its members who have had at least three (3) years experience as a member of the Board.
  6. Each Expedited Adjudication session will take place in Ottawa, unless the parties and the PSLRB agree otherwise. The cases will be scheduled jointly by the parties and the PSLRB, and will appear on the PSLRB schedule.
  7. 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 (5) days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case.
  8. 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.
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Article 38 Part‑Time Employees

Definition

38.01 Part-time employee means a person whose normal hours of work are less than those established in the Hours of Work Article for the relevant group or subgroup, but not less than those prescribed in the Public Service Labour Relations Act.

General

38.02 Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal weekly hours of work compare with the normal weekly hours of work, specified for the relevant group or subgroup, of full-time employees unless otherwise specified in this Agreement.

38.03 Part-time employees shall be paid at the straight-time rate of pay for all work performed up to the normal daily or weekly hours specified for the relevant group or subgroup for a full-time employee.

38.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked five (5) days and the weekly hours specified for the relevant group or subgroup.

38.05 Leave will only be provided:

  1. during those periods in which employees are scheduled to perform their duties;
    or
  2. where it may displace other leave as prescribed by this Agreement.

Designated Holidays

38.06 A part-time employee shall not be paid for the designated holidays but shall instead be paid four decimal two five (4.25%) per cent for all straight-time hours worked.

38.07 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 21.01 of this Agreement, the employee shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to the regular daily scheduled hours of work for the relevant group or subgroup and double time (2T) thereafter.

38.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 21.01 shall be paid for the time actually worked in accordance with clause 38.07, or a minimum of four (4) hours' pay at the straight-time rate, whichever is greater.

Overtime

38.09

  1. Overtime means authorized work performed in excess of the normal daily or weekly hours of work, specified for the relevant group or subgroup, of a full-time employee, but does not include time worked on a holiday.
  2. Notwithstanding (a), for employees whose normal scheduled hours of work are in excess of the normal daily hours of work specified for the relevant group or subgroup, overtime means work performed in excess of those normal scheduled daily hours or in excess of the average weekly hours of work specified for the relevant group or sub-group.

38.10 Subject to clause 38.09 a part-time employee who is required to work overtime shall be paid overtime as specified for the relevant group or subgroup.

Call-Back

38.11 When a part-time employee meets the requirements to receive call-back pay in accordance with clause 28.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours' pay at the straight-time rate.

Reporting Pay

38.12 Subject to clause 38.04, when a part-time employee meets the requirements to receive reporting pay on a day of rest, in accordance with the reporting pay provision for the relevant group or subgroup, and is entitled to receive a minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours' pay at the straight-time rate of pay.

Bereavement Leave

38.13 Notwithstanding clause 38.02, there shall be no prorating of a "day" in clause 22.02, Bereavement Leave With Pay.

Vacation Leave

38.14 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 workweek, at the rate for years of service established in the vacation leave entitlement clause of this Agreement, pro-rated and calculated as follows:

  1. 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 workweek per month;
  2. when the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by the number of hours in the employee's workweek per month;
  3. when the entitlement is thirteen decimal seven five (13.75) hours a month, .367 multiplied by the number of hours in the employee's workweek per month;
  4. when the entitlement is fourteen decimal four (14.4) hours a month, .383 multiplied by the number of hours in the employee's workweek per month;
  5. when the entitlement is fifteen decimal six two five (15.625) hours a month, .417 multiplied by the number of hours in the employee's workweek per month;
  6. 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;
  7. 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.

Sick Leave

38.15 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 workweek 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 workweek.

38.16 Vacation and Sick Leave Administration

  1. For the purposes of administration of clauses 38.14 and 38.15, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
  2. 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.

Severance Pay

38.17 Notwithstanding the provisions of Article 24, Severance Pay, where the period of continuous employment in respect of which 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 fulltime. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

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Article 39 Variable Hours

The Employer and the Alliance agree that the following conditions shall apply to employees for whom variable hours of work schedules are approved pursuant to the relevant provisions of this Agreement.

It is agreed that the implementation of any such variation in hours shall not result in any additional expenditure or cost by reason only of such variation.

39.01 General Terms

The scheduled hours of work of any day as set forth in a work schedule, may exceed or be less than the regular workday hours for the relevant Group or Subgroup; starting and finishing times, meal breaks and rest periods shall be determined according to operational requirements as determined by the Employer and the daily hours of work shall be consecutive.

For shift workers, such schedules shall provide that an employee's normal workweek shall average the weekly hours per week specified for the relevant Group or Subgroup over the life of the schedule. The maximum life of a schedule shall be six (6) months.

For day workers, such schedules shall provide that an employee's normal workweek shall average the weekly hours per week specified in this agreement over the life of the schedule. The maximum life of a schedule shall be twenty-eight (28) days.

Whenever an employee changes his or her variable hours or no longer works variable hours, all appropriate adjustments will be made.

39.02 Specific Application

For greater certainty, the following provisions shall be administered as provided herein:

Interpretation and Definitions

"Daily rate of pay" shall not apply.

Overtime

Overtime shall be compensated for all work performed:

  1. in excess of an employee's scheduled hours of work on a scheduled working day in accordance with the provisions of this Agreement;
  2. on days of rest at time and one-half (1 1/2) except that if the overtime is worked by the employee on two (2) or more consecutive and contiguous days of rest, the employee shall be paid at double (2) time for each hour worked on the second and subsequent days of rest. Second and subsequent days of rest means the second and subsequent days in an unbroken series of consecutive and contiguous calendar days of rest.

Travel

Overtime compensation referred to in clause 27.04 of this Agreement shall only be applicable on a normal day for hours in excess of the employee's daily scheduled hours of work.

Designated Paid Holidays

  1. A designated paid holiday shall account for seven and one-half (7 1/2) hours.
  2. When an employee works on a designated paid holiday, the employee shall be compensated, in addition to the normal daily hours' pay, time and one-half (1 1/2) up to his or her regular scheduled hours worked and double (2) time for all hours worked in excess of his or her regular scheduled hours.

Vacation Leave – ED and EU Groups

Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.

Vacation Leave – LS Group

  1. Employees shall earn vacation at the rates prescribed for their years of service as set forth in this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of vacation leave shall be the same as the employee would normally have been scheduled to work on that day.
  2. Employees scheduled to work any portion of a fiscal year under the variable hours of work provisions of this Agreement shall not have fractional vacation entitlement of more or less than one-half (1/2) day increased to the nearest half day.

Sick Leave

Employees shall earn sick leave credits at the rate prescribed in Article 19 of this Agreement. Leave will be granted on an hourly basis and the hours debited for each day of sick leave shall be the same as the employee would normally have been scheduled to work on that day.

Acting Pay

The qualifying period for acting pay as specified in Article 26, clause 26.07 shall be converted to hours.

Exchange of Shifts

On exchange of shifts between employees, if provided in this agreement, the Employer shall pay as if no exchange had occurred.

Minimum Number of Hours Between Shifts

The provision in the Agreement relating to the minimum period between the termination and commencement of the employee's next shift shall not apply to an employee subject to variable hours of work.

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Article 40 Dental Care Plan

40.01 The Dental Care Plan as contained in the Master Agreement between the Treasury Board and the Public Service Alliance of Canada, with an expiry date of June 30, 1988, and as subsequently amended from time to time, shall be deemed to form part of this Agreement.

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Article 41 Termination or Transfer of Operations

41.01 This Article applies to the ED and EU Groups only.

41.02 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 an operation is contracted out, terminated or transferred to another jurisdiction.

41.03 In accordance with clause 41.02 where an employee is offered employment with another jurisdiction and he or she is not permitted to retain substantially the same entitlement to credits in respect of sick leave, special leave and severance pay as were accumulated during his or her service with the Employer, he or she shall, for the purpose of this Agreement, be deemed to be on lay-off from the effective date of termination or turnover of the operation and entitled to benefits as set forth in paragraph 24.01(a) of this Agreement.

41.04 The provisions of paragraph 24.01(b) shall apply to an employee who is offered the retention of substantially the same entitlement to credits accumulated during his or her service with the Employer and who declines employment on this basis.

41.05 When an official application to negotiate the takeover of a school is received from a band council, the Department of Indian and Northern Affairs Canada will notify the appropriate Alliance representative as soon as possible.

41.06 As far in advance as possible of the proposed date of any termination or transfer of operations, the Employer will notify the employee s involved and will provide an opportunity for consultation with the Alliance on details of the future pay and benefit entitlements.

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Article 42 Miscellaneous – ED Group

42.01 This clause applies to employees certified in the Elementary and Secondary Teaching subgroup or as a Teacher Aide.

  1. Professional Development Sessions
    The Employer recognizes the usefulness of professional development and, where possible, one period per year may be set aside to arrange such a session. The session content will be discussed with the appropriate consultation committee and the expenses of such a session, subject to operational constraints, will be borne by the Employer. If the session is held away from an employee's work location and the employee is unable to attend, he or she will be considered on duty provided that he or she performs duties as assigned by the Employer for the duration of the professional development session.
    It is understood that other professional development days will also be granted, in accordance with present practice.
  2. Transportation
    The parties agree that, except in cases of emergency, employees will not be required to use their private vehicle in the performance of their duties if other means of transportation are available. Should employees be required to use their private vehicle for field trips or similar activities, they will be reimbursed in accordance with the Government Travel and Living Accommodations Directive.

42.02 This clause applies to employees certified in the Language Teaching subgroup and the EU – Physical Education Instructors.

At the request of an employee who takes a course offered by the Employer, the Employer shall provide a certificate indicating the subject of the course, the name of the person who gave the course, the date on which it was given and its duration, provided the employee requests a certificate within thirty (30) days of completion of such a course.

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Article 43 Hours of Work for the LS Group

43.01 The normal work week shall be thirty-seven decimal five (37.5) hours and the normal daily hours of work shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period. These hours may be varied at the Employer's discretion to allow for summer and winter hours, provided that the annual total hours equal those which would be obtained with no variation.

43.02 The normal work week shall be Monday through Friday, and the normal workday shall be between 7:00 a.m. and 6:00 p.m.

43.03 An employee shall be granted two (2) consecutive days of rest during each seven (7) day period, unless operational requirements do not permit.

43.04 Notwithstanding clauses 43.01, 43.02 and 43.03, for employees required to provide direct services to the public or to students:

  1. the normal hours of work may be scheduled between 7:00 a.m. and 10:00 p.m. from Monday to Friday inclusively, and between 8:30 a.m. and 5:00 p.m. on Saturdays;
  2. the Employer shall set up a master shift schedule for a fifty-six (56) calendar day period, posted at least fifteen (l5) calendar days in advance;
  3. the Employer shall schedule for each employee at least two (2) consecutive days of rest per week. This provision shall be considered to have been met when two (2) days of rest for an employee are separated by a designated paid holiday on which the employee is not scheduled to work.

43.05 When an employee who is subject to clause 43.04 is required to change his or her scheduled shift without receiving at least five (5) working days' notice in advance of the starting time of such change in his or her scheduled shift, the employee shall be paid at the rate of time and one-half (l 1/2) for all hours worked outside of those which the employee is scheduled to work.

43.06 When employees who are subject to clause 43.04 provide sufficient advance notice, they may, with the approval of the Employer, exchange shifts, provided there is no increase in cost to the Employer.

43.07 Clause 43.04, 43.05 and 43.06 shall not become operative for the Library and Archives of Canada unless it extends its hours of service to the public.

43.08 Employees shall submit monthly attendance registers that will specify absences on normal days of work, hours of overtime and call-back.

43.09 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every averaging period of fourteen (14), twenty-one (21) or twenty-eight (28) calendar days, such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for the employee .

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 schedule any hours of work permitted by the terms of this Agreement.

43.10 The Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day except on occasions when operational requirements do not permit.

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Article 44 Work Year and Hours of Work for the ED‑EST Sub‑Group and EU Group

Indian and Northern Affairs Canada

44.01 Employees Who Work a Ten (10) Month Work Year

  1. "School year" applicable to an employee of the Department of Indian and Northern Affairs Canada, means the period extending from September 1 to August 31 of the following year. The number of working days in the school year shall not exceed those designated by the province, territory or provincial school unit within which geographical area the employee is working. Working days will include teaching days and professional development days.
  2. Employees of the Department of Indian and Northern Affairs Canada who work a ten (10)-month work year and who wish to leave the service before the beginning of the next school year will make every effort to submit their resignation no later than the 30th of April and shall provide one (1) month's notice of resignation to the Employer if they wish to leave the service during the school year.

Paragraph (c) applies only to ED-EST Sub-group

**

  1. A teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of forty (40) minutes per day of uninterrupted preparation time during classroom hours. Effective September 1, 2011 a teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of forty-four (44) minutes per day of uninterrupted preparation time during classroom hours. Effective September 1, 2012 a teacher at the Department of Indian and Northern Affairs Canada shall have, as a minimum, an average of forty-eight (48) minutes per day of uninterrupted preparation time during classroom hours. Each unit of preparation time shall be no less than twenty (20) minutes. Preparation time shall not include any teaching or supervisory responsibilities and shall not have an impact on the daily number of instructional minutes.

**

  1. Preparation time shall be used for the purpose of professional activities as reasonably determined by the teacher exclusive of recesses and lunch breaks and will be assigned during instructional time. It is understood that duties during preparation time cannot be assigned by the principal unless there is an emergency.

44.02 Except as provided in clause 44.04, the working day of an employee working a school year shall be the same as that designated by the province, territory or school unit in which the employee is working. The employee shall be entitled to the same designated holidays, Christmas break, Easter or mid-winter break and summer break as observed by school boards of the province or territory in which he or she works.

44.03 The commencement and termination of the school day of an employee covered by clause 44.01 shall be in accordance with the practice prevailing in non-federal schools of the province or territory in which the school is located with the additional provision that employees shall be required to be on duty fifteen (15) minutes before the time of opening of school in the morning.

44.04 When an agreement in writing is reached between the Employer and the majority of the employee s in a school, the schedule of working days and the duration of a working day may vary from those established in clauses 44.01, 44.02 and 44.03 provided that the total number of working days do not exceed that established in clause 44.01.

44.05 When an employee works (or attends orientation seminars at the request of the Employer) on a day other than a day provided for in clauses 44.01 or 44.04, he or she shall be provided compensation on a day-for-day basis. This payment shall be calculated in accordance with clause 2.01 ("daily rate of pay"), as will any deduction from pay as a result of an employee being on leave without pay.

44.06

Paragraph (a) Applies only to the ED-EST Subgroup

  1. Unless it is impractical for the Employer to have persons other than teachers provide lunch hour supervision, the teachers will be relieved of such supervisory duties. Teachers shall be entitled to a lunch period of forty (40) minutes, free from supervisory duties.

Paragraph (b) applies only to the EU Group

  1. Where teacher aides are required to provide lunch-hour supervision, such teacher aides shall be granted an equivalent period of time for their lunch period as close as possible to the mid-point of the school day.

**

44.07

  1. Supervision time is defined as the time teachers are assigned to supervise students outside of the instructional day as designated by the province, territory or provincial school unit within which geographical area the teacher is working. The principal shall distribute supervision responsibilities equitably in consultation with the teachers concerned.
  2. The Employer shall ensure that no teacher be assigned supervision duties in excess of eighty (80) minutes per five (5) instructional days.
  3. Any assigned supervision duty during the times as outlined above, such as but not limited to, bus duty, hall duty and/or yard duty shall constitute supervision time for the purpose of the minutes of supervision as set out herein.

44.08 Except as provided for in this agreement, an employee working a school year as defined in clause 44.01 will not be entitled to leave with pay during periods in which he or she is not scheduled to work.

Clauses 44.09 to 44.14 inclusively apply only to the ED-EST Subgroup

44.09 Teachers Who Work a Twelve (12) Month Work Year

  1. Guidance and Vocational Counsellors in the Department of Indian and Northern Affairs Canada shall be on a twelve (12) month work year and the workday for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule.
  2. Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for him or her.
  3. 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 schedule any hours of work permitted by the terms of this Agreement.
  4. Employees covered by this clause shall be subject to the variable hours of work provisions established in Article 39.

Canadian Coast Guard College

**

44.10

  1. An employee at the Canadian Coast Guard College shall be on a twelve (12) month work year. The normal daily hours of work shall be scheduled between 7:00 hours and 18:00 hours, Monday to Friday and shall include not more than four (4) hours of classroom teaching per day, with the exception of one (1) day only per week where an employee may be required to provide classroom teaching or to spend other time with students, up to six (6) hours, provided that the total classroom teaching time does not exceed twenty (20) hours per week.
  2. Preparation time shall be used for the purpose of professional activities as reasonably determined by the teacher.

Correctional Service of Canada

44.11

  1. An employee in the Correctional Service of Canada shall be on a twelve (12) month work year. The work day shall be seven decimal five (7,5) hours or such lesser period as the Employer may schedule. The work week shall be from Monday to Friday and between the hours of 7:00 hours and 18:00 hours and no employee shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned. Notwithstanding the above, an employee may voluntarily accept, hours of work between 7:00 hours and 22:00 hours following a request from the Employer.
  2. Rest Periods
    The Employer shall schedule two (2) rest periods of fifteen (15) minutes each during each shift. An employee in the Correctional Service of Canada may be required to take such rest periods at his or her work location when the nature of his or her duties makes it necessary.

National Defence

44.12 An employee in the Department of National Defence shall be on a twelve (12) month work year and the work day for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule between 7:00 hours and 18:00 hours, Monday to Friday.

General

44.13 Subject to operational requirements, a Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

Number of Teachers and Teacher Aides Supervised Administrative and
Supervisory Time
From one (1) to three (3) One forty (40) to forty-five (45) minute period per day, or one-half (1/2) day per week at the Principal's option
From four (4) to six (6) One day per week
From seven (7) to ten (10) Two and one half (2 1/2) days per week
Eleven (11) or more Full-time

44.14 Subject to operational requirements, an Assistant Principal may be granted time away from classroom duties in accordance with the following schedule for the purpose of performing administrative and supervisory duties.

Number of Teachers and
Teacher Aides Supervised
Administrative and
Supervisory Time
From seven (7) to ten (10) One half (1/2) day per week
From eleven (11) to nineteen (19) Half time
Twenty (20) or more Full-time

Clauses 44.15 to 44.20 Inclusively Apply Only to the Employees of the EU Group Who Work a Twelve (12) Month Work Year

44.15 Employees shall be on a twelve (12) month work year.

44.16 The normal workweek for employees shall be from Monday to Friday.

44.17 The normal daily hours of work of employees, exclusive of meal breaks, shall be seven decimal five (7.5) hours and shall be scheduled in a continuous period, as operational needs require.

44.18 The Employer may authorize that certain tasks be performed away from the Employer's premises.

44.19 This clause applies only to Physical Education Instructors.

  1. The normal daily hours of work shall be scheduled between 7:00 hours and 17:00 hours, Monday to Friday.
  2. No employee of the Correctional Service of Canada shall be assigned work hours other than between these hours and on these days, except by the written consent of the employee concerned.

44.20 The Employer will:

  1. notify the Alliance at the appropriate level, at least fourteen (14) calendar days before introduction of any change in the schedule of working hours if such change will affect a majority of the employee s in any teaching unit;
  2. give reasonable notice of the change to those employees whose hours of work are affected by the change.

It is recognized that emergency situations may require the Employer to introduce changes in scheduled hours of work on short notice.

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Article 45 Work Year and Hours of Work for the ED‑LAT Sub‑Group

45.01 Employees shall be on a twelve (12) month work year.

45.02 A week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday morning and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

45.03 The normal work week shall be thirty-seven decimal five (37.5) hours, Monday to Friday, and the normal daily hours of work shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 7 a.m. and 6:00 p.m.

45.04 Notwithstanding clause 45.03, because of the operational requirements of the service, an employee's normal daily hours of work may be scheduled to extend beyond 6:00 p.m. and/or on a Saturday or a Sunday but will not be scheduled beyond 10:00 p.m. When hours of work are scheduled to extend beyond 6:00 p.m. and/or on a Saturday or a Sunday, they shall be scheduled in such a manner that employees, over a period of not more than fifty-six (56) calendar days:

  1. work an average of thirty-seven decimal five (37.5) hours and an average of five (5) days per week;
  2. work seven decimal five (7.5) consecutive hours per day, exclusive of a meal period;
  3. obtain an average of two (2) days of rest per week;
  4. obtain at least two (2) consecutive days of rest at a time. Such two (2) consecutive days of rest may be separated by a designated paid holiday, and the consecutive days of rest may be in separate calendar weeks.

45.05 Employees whose hours of work are scheduled pursuant to the provisions of clause 45.04 shall be informed by written notice of their scheduled hours of work.

45.06 Employees whose hours of work are changed pursuant to the provisions of clause 45.04 will be advised of such change by written notice provided fifteen (15) days in advance, except where, subject to operational requirements as determined by the Employer, such change must be made on shorter notice.

45.07 When hours of work are scheduled in accordance with clause 45.04, the Employer will make every reasonable effort:

  1. to take the employee s' preferences into consideration;
    and
  2. not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's previous shift.

45.08 Except for employees whose hours of work are scheduled pursuant to clause 45.03, employees who are required to change their scheduled hours of work without receiving at least five (5) days' notice in advance of the starting time of such change shall be paid for the first shift worked on the revised schedule at the rate of time and one-half (1 1/2). Subsequent shifts worked on the revised schedule shall be paid for at straight time, subject to the overtime provisions of this Agreement.

45.09 The Employer will, at the request of the Alliance, consult with the local Alliance representative(s) on work schedules established pursuant to clause 45.04 when such schedules affect the majority of the employee s in a work unit.

45.10

  1. Hours of teaching must be in accordance with the November 30, 1989, Award of the Special Arbitration Panel chaired by M. Teplitsky.
  2. Notwithstanding the Employer's right to decide on course content and methods of delivery, hours of teaching shall include time spent in remote and/or direct contact with student(s). Remote contact includes but is not limited to the use of the Internet, telephone or other electronic means of communication.

45.11 The Employer may authorize that certain tasks be performed away from the Employer's premises.

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Article 46 Pedagogical Break

This article applies to employees in the Elementary and Secondary Teaching (ED-EST) sub-group who work for a period of twelve (12) months, to employees in the Language Teaching ED-LAT sub-group, to employees in the Language Instructor and Physical Education sub-groups of the Educational Support (EU) group, and to employees in the Education Services ED-EDS sub-group employed at the Department of National Defence Canada who regularly teach.

46.01 Employees shall be granted a pedagogical break which will include all calendar days between December 25 and January 2 inclusively. During this period, employees are entitled to four (4) days of leave with pay, in addition to three (3) designated paid holidays as provided for under clause 21.01 of this Agreement.

46.02 Should January 2 coincide with an employee's day of rest or with a day to which a designated paid holiday has been moved by application of clause 21.03, the day shall be moved to the employee's first scheduled working day following the pedagogical break.

46.03 If an employee performs authorized work during the pedagogical break on a day other than a designated paid holiday or a normal day of rest, he or she shall receive compensation based upon his or her normal daily rate of pay, in addition to his or her usual pay for the day.

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Article 47 Work Year and Hours of Work for the ED‑EDS Subgroup

47.01 All employees shall be on a twelve (12) month work year and the workday for such an employee shall be seven decimal five (7.5) hours or such lesser period as the Employer may schedule, Monday to Friday between the hours of 7:00 a.m. and 6:00 p.m.

47.02 The workday for an employee shall commence and terminate each day at the hours fixed by the Employer and before a schedule of working hours is changed the change will be discussed with the appropriate representative of the Alliance if the change will affect a majority of the employee s governed by the schedule.

47.03 Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days, provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period, such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for him or her.

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 schedule any hours of work permitted by the terms of this Agreement.

Employees covered by this clause shall be subject to the variable hours of work provisions established in Article 39.

47.04 Rest Periods

Except when operational requirements do not permit, the Employer will provide two (2) rest periods of fifteen (15) minutes each per full working day.

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Article 48 Overtime

48.01 This Article applies only to employees whose work year is twelve (12) months.

48.02 When an employee works overtime authorized by the Employer, the employee shall be compensated on the basis of time and one-half (1 1/2) for all hours worked in excess of seven decimal five (7.5) hours per day.

LS/EU – 48.03 LS and EU Groups

When an employee works overtime authorized by the Employer on his or her normal day of rest, compensation shall be granted on the basis of time and one-half (1 1/2) for all hours worked on the first day of rest, and double (2) time on the second day of rest.

ED – 48.03 ED Group

  1. When an employee is required by the Employer to work overtime on a normal day of rest, compensation shall be granted on the basis of time and one-half (1 1/2) for all hours worked.
  2. An employee who is required to work on a second day of rest is entitled to compensation at double (2) time provided that the employee also worked on the first day of rest. Second day of rest means the second day in an unbroken series of consecutive and continuous calendar days of rest.

48.04 All calculations for overtime shall be based on each completed fifteen (15) minutes.

48.05 Subject to operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime and to allocate the requirement to work overtime among readily available qualified employees who normally perform those duties.

48.06 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 overtime work.

48.07 Overtime shall be compensated in cash except where, upon the request of an employee and with the approval of the Employer, overtime may be compensated in equivalent compensatory leave with pay.

48.08

  1. The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.
  2. At the request of the employee and with the approval of the Employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment of his or her substantive position at the time of the request.

48.09 The Employer shall endeavour to make cash payments for overtime in the month following the month in which the credits were earned.

48.10 When an employee performs authorized overtime work, time spent by the employee reporting to or returning from work shall not constitute time worked.

48.11 Meals

  1. An employee who works three (3) or more hours of overtime immediately before or immediately following normal hours of work shall be reimbursed expenses for one meal in the amount of nine dollars ($9.00), except where free meals are provided or the employee is on travel status.
  2. 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 additional meal in the amount of nine dollars ($9.00) for each additional four (4)-hour period of overtime worked thereafter, except where free meals are provided.
  3. When overtime is worked in accordance with paragraphs 48.11(a) and (b) above, reasonable time to be determined by the Employer shall be allowed to the employee in order to take a meal break either at or adjacent to the employee's place of work, and such time shall be paid at the overtime rate where applicable.
  4. Paragraphs 48.11(a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.
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Article 49 Allowances

This Article applies to employees certified in the Elementary and Secondary Teaching (ED-EST) Subgroup.

Where the employee is entitled to an allowance provided in clauses 49.01, 49.02, 49.03, 49.05 and 49.07 for less than a full work year, the amount of the allowance will be prorated on the basis of the percentage of the work year he or she was so employed.

Paragraphs 49.01 and 49.02 apply only to ED-EST employees whose work year is twelve (12) months.

49.01 Principal's Allowance

A principal of a school shall be paid an allowance for administrative and supervisory responsibilities at the following annual rates, calculated on the commencement of the school year:

effective on the date of signature of this Agreement,

$2,080 basic, plus:
$565 for each teacher and teacher aide supervised from one (1) to twelve (12),
and
$310 for each teacher and teacher aide supervised from thirteen (13) or more.

The number of teachers and teacher aides who work under the supervision of the Principal but who are seconded from school boards, Indian bands, and other organizations shall be counted in determining the amount of the principal's allowance.

49.02 Assistant Principal's Allowance

An Assistant Principal of a school shall be paid an allowance for administrative and supervisory responsibilities at an annual rate equal to one-half of the Principal's allowance specified in clause 49.01 in accordance with the number of teachers and teacher aides supervised.

49.03 Department Head's Allowance

A teacher who is a Department Head (including a Head Education Counsellor) shall be paid an allowance for administrative and supervisory responsibilities of:

Effective on the date of signature of this agreement: $2,245 per annum.

49.04 Night School Compensation

A teacher shall be paid at his or her normal hourly rate of pay, for every completed hour of work, for approved scheduled teaching duties which are performed outside the authorized school hours and which are not part of the teachers normal work program. This clause does not apply to an employee covered by Article 48.

49.05 Allowance for Teachers of Specialist Subjects

  1. Definition
    Any subject can be considered as a field of specialization as they are variable depending on the Provincial Ministry of Education. The definition of Specialization is the recognition of additional training in teachable subject area within the assigned curriculum.
  2. Eligibility
    1. Where a specialist's qualification is recognized by a Provincial Ministry of Education or College of Teachers, that qualification will be considered to meet the clause requirements.
    2. In other cases, the training courses required for a specialization allowance are Post Secondary courses in a subject area within assigned curriculum; namely university accredited courses and/or recognized training courses with the written approval of the Principal (Superintendent or Chief of Education and Training or equivalent). These courses are beyond the basic requirements for teacher certification. An employee who is assigned to counselling duties or teaching duties and who has a total cumulative recognized time of two hundred and seventy (270) hours of additional training in teachable subject area within the assigned curriculum as defined in (a) and (b) is eligible for the allowance.
  3. Allowance
    An employee who is eligible under (a) and (b) shall receive an allowance in excess of that to which he or she is eligible in view of his or her academic and professional qualifications or experience:
    Effective on the date of signing of this agreement: $1,015 per annum.
    No employee will be paid more than one allowance for specialization under this clause.
  4. Grandparent protection
    Any employee who on the signing of the Memorandum of Agreement dated June 17, 2003 was receiving a specialist's allowance under clause 49.05 of the Education and Library Science collective agreement expired on June 30, 2003, will be paid the allowance as long as he or she remains in his or her current substantive position.
  5. Limitation
    The same courses will not be applied simultaneously towards salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A and towards a specialist allowance. If courses already used to determine the employee's eligibility for the specialist allowance are applied for salary determination as per the pay grid for Annual Rates of Pay set forth in Appendix A, the specialist allowance will terminate. On the basis of other additional courses, an employee may reapply for a specialist allowance previously held when it can be determined through a re-evaluation of the total courses accumulated that he or she has met again the requirements in accordance with (a) and (b) for a specialist allowance.

49.06 Summer School Allowance

An employee may be granted a per diem allowance as determined by the Employer for summer school courses where the Employer identifies a departmental need for the employee to take such courses. The allowance will not be paid in respect of Saturdays and Sundays.

49.07 One-Room School Allowance

A teacher employed in the Department of Indian and Northern Affairs Canada as the only teacher in a one-room school shall be paid an allowance:

Effective on the date of signature of this agreement: $1,240 per annum;

49.08 Limitation

No.employee will be paid more than one of the allowances provided in clauses 49.01, 49.02, 49.03 and 49.07 of this Agreement.

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Article 50 Technological Change

50.01 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 Workforce Adjustment will apply. In all other cases the following clauses will apply.

50.02 In this Article "Technological Change" means:

  1. the introduction by the Employer of equipment or material of a different nature than that previously utilized;
    and
  2. a change in the Employer's operation directly related to the introduction of that equipment or material.

50.03 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.

50.04 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 Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employee s.

50.05 The written notice provided for in clause 50.04 will provide the following information:

  1. the nature and degree of the technological change;
  2. the date or dates on which the Employer proposes to effect the technological change;
  3. the location or locations involved;
  4. the approximate number and type of employees likely to be affected by the technological change;
  5. the effect that the technological change is likely to have on the terms and conditions of employment of the employee s affected.

50.06 As soon as reasonably practicable after notice is given under clause 50.04, the Employer shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in paragraph 50.05 on each group of employees, including training.

50.07 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 .

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Article 51 Authorship – LS Group

This article applies only to employees of the Library Science Group

51.01 When an employee acts as a sole or joint author or editor of a publication, the employee's authorship or editorship shall normally be shown on the title page of such publication.

51.02 Where the Employer wishes to make changes in material submitted for publication with which the author does not agree, the author may request that he or she not be credited publicly.

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Article 52 Religious Observance

52.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfil his or her religious obligations.

52.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange (in the case of a shift worker) in order to fulfil their religious obligations.

52.03 Notwithstanding clause 52.02, 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 fulfil 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.

52.04 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.

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Article 53 Job Security

53.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.

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Article 54 Membership Fees

54.01 The Employer shall reimburse an employee for the employee's payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.

54.02 Membership dues referred to in Article 10, Check-Off, of this Agreement are specifically excluded as reimbursable fees under this Article.

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Article 55 Shift Principle

55.01 It is recognized that certain full-time indeterminate employees whose hours of work are regularly scheduled on a shift basis in accordance with the clause 43.04 or 45.04 who receive the Shift Premium (clause 30.01) in accordance with Article 30 (hereinafter referred to as a shift work employee) are required to attend certain proceedings, under this collective agreement as identified in paragraph 55.01(a) and certain other proceedings identified in paragraph 55.01(b) which normally take place between the hours of 9:00 a.m. and 5:00 p.m. from Mondays to Fridays inclusively.

When a shift work employee who is scheduled to work on the day of that proceeding and when the proceeding is not scheduled during the employee's scheduled shift for that day and when the majority of the hours of the employee's scheduled shift on that day do not fall between the hours of 9:00 a.m. and 5:00 p.m., upon written application by the employee , the Employer shall endeavour, where possible, to change the shift work employee's shift on the day of the proceeding so that the majority of the hours fall between 9:00 a.m. and 5:00 p.m. provided that operational requirements are met, there is no increase in cost to the Employer and sufficient advance notice is given by the employee .

  1. Certain Proceedings Under This Agreement
    1. Public Service Labour Relations Board Proceedings clauses 14.01, 14.02, 14.04, 14.05 and 14.06
    2. Personnel Selection Process clause 22.18
    3. Contract Negotiation and Preparatory Contract Negotiation Meetings clauses 14.09 and 14.10
  2. Certain Other Proceedings
    1. Training Courses which the employee is required to attend by the Employer.
    2. To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee's position.
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Article 56 Agreement Reopnener

56.01 This Agreement may be amended by mutual consent.

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Article 57 Maternity‑Related Reassignment or Leave

57.01 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. On being informed of the cessation, the Employer, with the written consent of the employee , shall notify the appropriate workplace committee or the health and safety representative.

57.02 An employee's request under clause 57.01 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.

57.03 An employee who has made a request under clause 57.01 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:

  1. modifies her job functions or reassigns her;
    or
  2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

57.04 Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.

57.05 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.

57.06 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.

57.07 Notwithstanding clause 57.05, 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.

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Article 58 Medical Appointment for Pregnant Employees

58.01 Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

58.02 Where a series of continuing appointments is necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

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Article 59 Duty Aboard Vessels

59.01 Nothing in this Agreement shall be construed to impair in any manner whatsoever the authority of the Master.

59.02 The Master may, whenever he or she deems it advisable, require any employee to participate in lifeboat or other emergency drills without the payment of overtime.

59.03 Any work necessary for the safety of the vessel, passengers, crew or cargo shall be performed by all employees at any time on immediate call and, notwithstanding any provisions of this Agreement which might be construed to the contrary, in no event shall overtime be paid for work performed in connection with such emergency duties of which the Master shall be the sole judge.

59.04 When an employee suffers loss of clothing or personal effects (those which can reasonably be expected to accompany the employee aboard the ship) because of marine disaster or shipwreck, the employee shall be reimbursed the value of those articles up to a maximum of three thousand dollars ($3,000) based on replacement cost.

59.05

  1. An employee shall submit to the Employer a full inventory of his or her personal effects and shall be responsible for maintaining it in a current state.
  2. An employee or the employee's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit an affidavit listing the individual items and values claimed.
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Article 60 Leave for ED‑EST and EU Employees Who Work a Ten (10) Month Work Year

60.01 The Employer shall grant ED-EST and EU employees who work a ten (10) month work year up to fifteen (15) hours of leave with pay within each school year for personal reasons, at a time requested by the employee , provided the employee gives the Employer advance notice prior to the commencement of the leave of at least five (5) working days, unless there is a valid reason, as determined by the Employer, why such notice cannot be given.

60.02

  1. Effective on the date of signing of this collective agreement, employees with more than two (2) years of service shall receive a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons.
  2. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of leave with pay for personal reasons on the first (1st) day of the month following the second (2nd) anniversary of the employee's first year of service.
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Article 61 Dangerous Goods

61.01 An employee certified pursuant to the Transportation of Dangerous Goods Act and who is assigned the responsibility for packaging and labelling of dangerous goods for shipping in accordance with the above Act, shall receive a daily allowance of three dollars and fifty cents ($3.50) for each day he or she is required to package and label dangerous goods for shipping, to a maximum of seventy-five dollars ($75) in a month where the employee maintains such certification.

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Article 62 Duration

62.01 The provisions of this Agreement will expire on June 30, 2014.

62.02 Unless otherwise expressly stipulated, the provisions of this Agreement shall become effective on the date it is signed.

Signed at Ottawa this 1st day of the month of March 2011.

The Treasury Board of Canada

Hélène Laurendeau
John Park
LCol M.C. Gosselin-Patterson
Éric Lavoie
Nadia Bing
Cree Stevens
Roch Barrette

The Public Service Alliance of Canada

Maria Fitzpatrick
Christopher Rogers
Michael Freeman
Byron Duguay
Erna Post
Julie Chiasson



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Appendix "A" Annual Rates of Pay and Pay Notes

Annex "A1"

Elementary and Secondary Teaching Sub-Group (ED-EST)

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor

Annex "A1-2"

Elementary and Secondary Teaching Sub-Group (ED-EST)

Annex "A2"

Language Teaching Sub-Group (ED-LAT)

Annex "A3"

Education Services Sub-Group (ED-EDS)

Annex "A4"

Library Science Group (LS)

Annex "A5"

Educational Support Group (EU)


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**Appendix "A"

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Annex "A1"

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Maritimes


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 27917 28406 28832 29409
2 29548 30065 30516 31126
3 31177 31723 32199 32843
4 32805 33379 33880 34558
5 34434 35037 35563 36274
6 36067 36698 37248 37993
7 37687 38347 38922 39700
8 39316 40004 40604 41416

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 29565 30082 30533 31144
2 31236 31783 32260 32905
3 32902 33478 33980 34660
4 34568 35173 35701 36415
5 36237 36871 37424 38172
6 37909 38572 39151 39934
7 39583 40276 40880 41698
8 41246 41968 42598 43450
9 42910 43661 44316 45202

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 34103 34700 35221 35925
2 35778 36404 36950 37689
3 37455 38110 38682 39456
4 39134 39819 40416 41224
5 40811 41525 42148 42991
6 42494 43238 43887 44765
7 44174 44947 45621 46533
8 45849 46651 47351 48298
9 47541 48373 49099 50081

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 39833 40530 41138 41961
2 41885 42618 43257 44122
3 43942 44711 45382 46290
4 45998 46803 47505 48455
5 48050 48891 49624 50616
6 50098 50975 51740 52775
7 52151 53064 53860 54937
8 54209 55158 55985 57105
9 56261 57246 58105 59267
10 58325 59346 60236 61441

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 43816 44583 45252 46157
2 46178 46986 47691 48645
3 48535 49384 50125 51128
4 50900 51791 52568 53619
5 53265 54197 55010 56110
6 55625 56598 57447 58596
7 57984 58999 59884 61082
8 60346 61402 62323 63569
9 62705 63802 64759 66054
10 65074 66213 67206 68550

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 46328 47139 47846 48803
2 48685 49537 50280 51286
3 51050 51943 52722 53776
4 53413 54348 55163 56266
5 55772 56748 57599 58751
6 58136 59153 60040 61241
7 60495 61554 62477 63727
8 62857 63957 64916 66214
9 65219 66360 67355 68702
10 67594 68777 69809 71205

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Quebec


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 29384 29898 30346 30953
2 31473 32024 32504 33154
3 33565 34152 34664 35357
4 35661 36285 36829 37566
5 37758 38419 38995 39775
6 39851 40548 41156 41979
7 41944 42678 43318 44184
8 44037 44808 45480 46390
9 46142 46949 47653 48606
10 48238 49082 49818 50814

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 31671 32225 32708 33362
2 33568 34155 34667 35360
3 35477 36098 36639 37372
4 37381 38035 38606 39378
5 39287 39975 40575 41387
6 41192 41913 42542 43393
7 43099 43853 44511 45401
8 45002 45790 46477 47407
9 46909 47730 48446 49415
10 48796 49650 50395 51403
11 50701 51588 52362 53409

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 34248 34847 35370 36077
2 36203 36837 37390 38138
3 38164 38832 39414 40202
4 40130 40832 41444 42273
5 42090 42827 43469 44338
6 44043 44814 45486 46396
7 46009 46814 47516 48466
8 47969 48808 49540 50531
9 49931 50805 51567 52598
10 51893 52801 53593 54665
11 53853 54795 55617 56729

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 37249 37901 38470 39239
2 39102 39786 40383 41191
3 40957 41674 42299 43145
4 42804 43553 44206 45090
5 44657 45438 46120 47042
6 46505 47319 48029 48990
7 48353 49199 49937 50936
8 50210 51089 51855 52892
9 52054 52965 53759 54834
10 53900 54843 55666 56779
11 55756 56732 57583 58735
12 57606 58614 59493 60683

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 40705 41417 42038 42879
2 42631 43377 44028 44909
3 44559 45339 46019 46939
4 46490 47304 48014 48974
5 48413 49260 49999 50999
6 50344 51225 51993 53033
7 52273 53188 53986 55066
8 54195 55143 55970 57089
9 56125 57107 57964 59123
10 58054 59070 59956 61155
11 59971 61020 61935 63174
12 61898 62981 63926 65205

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 44098 44870 45543 46454
2 46240 47049 47755 48710
3 48392 49239 49978 50978
4 50542 51426 52197 53241
5 52688 53610 54414 55502
6 54839 55799 56636 57769
7 56986 57983 58853 60030
8 59134 60169 61072 62293
9 61286 62359 63294 64560
10 63438 64548 65516 66826
11 65594 66742 67743 69098
12 67745 68931 69965 71364

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 32292 32857 33350 34017
2 33621 34209 34722 35416
3 34942 35553 36086 36808
4 36264 36899 37452 38201
5 37594 38252 38826 39603
6 38915 39596 40190 40994
7 40237 40941 41555 42386
8 41561 42288 42922 43780

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 36373 37010 37565 38316
2 38263 38933 39517 40307
3 40147 40850 41463 42292
4 42031 42767 43409 44277
5 43915 44684 45354 46261
6 45800 46602 47301 48247
7 47684 48518 49246 50231
8 49576 50444 51201 52225
9 51442 52342 53127 54190

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 38010 38675 39255 40040
2 40093 40795 41407 42235
3 42177 42915 43559 44430
4 44257 45031 45706 46620
5 46340 47151 47858 48815
6 48422 49269 50008 51008
7 50503 51387 52158 53201
8 52585 53505 54308 55394
9 54673 55630 56464 57593
10 56748 57741 58607 59779

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 43161 43916 44575 45467
2 45445 46240 46934 47873
3 47722 48557 49285 50271
4 50002 50877 51640 52673
5 52287 53202 54000 55080
6 54565 55520 56353 57480
7 56846 57841 58709 59883
8 59128 60163 61065 62286
9 61406 62481 63418 64686
10 63684 64798 65770 67085

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 45162 45952 46641 47574
2 47455 48285 49009 49989
3 49749 50620 51379 52407
4 52044 52955 53749 54824
5 54341 55292 56121 57243
6 56630 57621 58485 59655
7 58930 59961 60860 62077
8 61223 62294 63228 64493
9 63514 64625 65594 66906
10 65818 66970 67975 69335

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 48717 49570 50314 51320
2 51586 52489 53276 54342
3 54466 55419 56250 57375
4 57342 58345 59220 60404
5 60219 61273 62192 63436
6 63094 64198 65161 66464
7 65968 67122 68129 69492
8 68972 70179 71232 72657
9 71710 72965 74059 75540
10 74593 75898 77036 78577

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Manitoba


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 30146 30674 31134 31757
2 31334 31882 32360 33007
3 32517 33086 33582 34254
4 33700 34290 34804 35500
5 34885 35495 36027 36748
6 36072 36703 37254 37999
7 37255 37907 38476 39246
8 38453 39126 39713 40507

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 32955 33532 34035 34716
2 34195 34793 35315 36021
3 35433 36053 36594 37326
4 36668 37310 37870 38627
5 37909 38572 39151 39934
6 39147 39832 40429 41238
7 40383 41090 41706 42540
8 41624 42352 42987 43847
9 42852 43602 44256 45141

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 36407 37044 37600 38352
2 37895 38558 39136 39919
3 39372 40061 40662 41475
4 40849 41564 42187 43031
5 42327 43068 43714 44588
6 43805 44572 45241 46146
7 45290 46083 46774 47709
8 46770 47588 48302 49268
9 48236 49080 49816 50812

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 44971 45758 46444 47373
2 47203 48029 48749 49724
3 49443 50308 51063 52084
4 51682 52586 53375 54443
5 53919 54863 55686 56800
6 56168 57151 58008 59168
7 58395 59417 60308 61514
8 60634 61695 62620 63872
9 62876 63976 64936 66235
10 65110 66249 67243 68588

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 47881 48719 49450 50439
2 50124 51001 51766 52801
3 52369 53285 54084 55166
4 54610 55566 56399 57527
5 56855 57850 58718 59892
6 59094 60128 61030 62251
7 61334 62407 63343 64610
8 63577 64690 65660 66973
9 65820 66972 67977 69337
10 68074 69265 70304 71710

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 50455 51338 52108 53150
2 52860 53785 54592 55684
3 55262 56229 57072 58213
4 57665 58674 59554 60745
5 60071 61122 62039 63280
6 62468 63561 64514 65804
7 64881 66016 67006 68346
8 67282 68459 69486 70876
9 69690 70910 71974 73413
10 72087 73349 74449 75938

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Saskatchewan


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 28044 28535 28963 29542
2 29485 30001 30451 31060
3 30932 31473 31945 32584
4 32374 32941 33435 34104
5 33813 34405 34921 35619
6 35259 35876 36414 37142
7 36701 37343 37903 38661
8 38155 38823 39405 40193

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 31674 32228 32711 33365
2 33462 34048 34559 35250
3 35236 35853 36391 37119
4 37019 37667 38232 38997
5 38811 39490 40082 40884
6 40588 41298 41917 42755
7 42367 43108 43755 44630
8 44150 44923 45597 46509
9 45937 46741 47442 48391

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 35493 36114 36656 37389
2 37253 37905 38474 39243
3 39005 39688 40283 41089
4 40759 41472 42094 42936
5 42517 43261 43910 44788
6 44272 45047 45723 46637
7 46026 46831 47533 48484
8 47782 48618 49347 50334
9 49552 50419 51175 52199

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 43458 44219 44882 45780
2 45629 46428 47124 48066
3 47798 48634 49364 50351
4 49973 50848 51611 52643
5 52142 53054 53850 54927
6 54309 55259 56088 57210
7 56489 57478 58340 59507
8 58653 59679 60574 61785
9 60820 61884 62812 64068
10 63009 64112 65074 66375

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 47210 48036 48757 49732
2 49337 50200 50953 51972
3 51449 52349 53134 54197
4 53579 54517 55335 56442
5 55694 56669 57519 58669
6 57813 58825 59707 60901
7 59933 60982 61897 63135
8 62049 63135 64082 65364
9 64172 65295 66274 67599
10 66288 67448 68460 69829

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 49937 50811 51573 52604
2 52060 52971 53766 54841
3 54179 55127 55954 57073
4 56302 57287 58146 59309
5 58422 59444 60336 61543
6 60539 61598 62522 63772
7 62658 63755 64711 66005
8 64782 65916 66905 68243
9 66898 68069 69090 70472
10 69009 70217 71270 72695

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 29386 29900 30349 30956
2 30996 31538 32011 32651
3 32601 33172 33670 34343
4 34202 34801 35323 36029
5 35815 36442 36989 37729
6 37421 38076 38647 39420
7 39024 39707 40303 41109
8 40623 41334 41954 42793

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 32885 33460 33962 34641
2 34941 35552 36085 36807
3 37000 37648 38213 38977
4 39058 39742 40338 41145
5 41111 41830 42457 43306
6 43163 43918 44577 45469
7 45217 46008 46698 47632
8 47272 48099 48820 49796
9 49323 50186 50939 51958

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 38458 39131 39718 40512
2 40515 41224 41842 42679
3 42572 43317 43967 44846
4 44623 45404 46085 47007
5 46681 47498 48210 49174
6 48737 49590 50334 51341
7 50789 51678 52453 53502
8 52848 53773 54580 55672
9 54895 55856 56694 57828

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 44485 45263 45942 46861
2 46938 47759 48475 49445
3 49401 50266 51020 52040
4 51864 52772 53564 54635
5 54327 55278 56107 57229
6 56787 57781 58648 59821
7 59250 60287 61191 62415
8 61705 62785 63727 65002
9 64171 65294 66273 67598
10 66629 67795 68812 70188

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 46925 47746 48462 49431
2 49414 50279 51033 52054
3 51904 52812 53604 54676
4 54395 55347 56177 57301
5 56891 57887 58755 59930
6 59383 60422 61328 62555
7 61867 62950 63894 65172
8 64356 65482 66464 67793
9 66850 68020 69040 70421
10 69339 70552 71610 73042

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 49710 50580 51339 52366
2 52196 53109 53906 54984
3 54691 55648 56483 57613
4 57179 58180 59053 60234
5 59671 60715 61626 62859
6 62158 63246 64195 65479
7 64651 65782 66769 68104
8 67139 68314 69339 70726
9 69631 70850 71913 73351
10 72127 73389 74490 75980

Elementary and Secondary Teaching Sub-Group (ED-EST)
Rates of Pay
(in dollars)
British Columbia


10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 32919 33495 33997 34677
2 34618 35224 35752 36467
3 36324 36960 37514 38264
4 38032 38698 39278 40064
5 39731 40426 41032 41853
6 41434 42159 42791 43647
7 43135 43890 44548 45439
8 44839 45624 46308 47234

10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 35811 36438 36985 37725
2 37490 38146 38718 39492
3 39164 39849 40447 41256
4 40843 41558 42181 43025
5 42514 43258 43907 44785
6 44192 44965 45639 46552
7 45868 46671 47371 48318
8 47544 48376 49102 50084
9 49220 50081 50832 51849

10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 39813 40510 41118 41940
2 42085 42821 43463 44332
3 44354 45130 45807 46723
4 46627 47443 48155 49118
5 48896 49752 50498 51508
6 51167 52062 52843 53900
7 53439 54374 55190 56294
8 55708 56683 57533 58684
9 57979 58994 59879 61077

10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 42849 43599 44253 45138
2 45240 46032 46722 47656
3 47625 48458 49185 50169
4 50013 50888 51651 52684
5 52400 53317 54117 55199
6 54790 55749 56585 57717
7 57178 58179 59052 60233
8 59566 60608 61517 62747
9 61954 63038 63984 65264
10 64345 65471 66453 67782
11 66732 67900 68919 70297

10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 46060 46866 47569 48520
2 48733 49586 50330 51337
3 51409 52309 53094 54156
4 54080 55026 55851 56968
5 56756 57749 58615 59787
6 59428 60468 61375 62603
7 62103 63190 64138 65421
8 64783 65917 66906 68244
9 67455 68635 69665 71058
10 70133 71360 72430 73879
11 72805 74079 75190 76694

10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 49841 50713 51474 52503
2 52405 53322 54122 55204
3 54972 55934 56773 57908
4 57544 58551 59429 60618
5 60111 61163 62080 63322
6 62686 63783 64740 66035
7 65252 66394 67390 68738
8 67821 69008 70043 71444
9 70391 71623 72697 74151
10 72961 74238 75352 76859
11 75527 76849 78002 79562

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Maritimes


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 30377 30909 31373 32000
2 32145 32708 33199 33863
3 33918 34512 35030 35731
4 35675 36299 36843 37580
5 37446 38101 38673 39446
6 39217 39903 40502 41312
7 40979 41696 42321 43167
8 42747 43495 44147 45030

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 32179 32742 33233 33898
2 33986 34581 35100 35802
3 35804 36431 36977 37717
4 37616 38274 38848 39625
5 39432 40122 40724 41538
6 41245 41967 42597 43449
7 43058 43812 44469 45358
8 44870 45655 46340 47267
9 46704 47521 48234 49199

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 37111 37760 38326 39093
2 38935 39616 40210 41014
3 40771 41484 42106 42948
4 42590 43335 43985 44865
5 44424 45201 45879 46797
6 46249 47058 47764 48719
7 48073 48914 49648 50641
8 49906 50779 51541 52572
9 51733 52638 53428 54497

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 43351 44110 44772 45667
2 45595 46393 47089 48031
3 47826 48663 49393 50381
4 50066 50942 51706 52740
5 52304 53219 54017 55097
6 54541 55495 56327 57454
7 56777 57771 58638 59811
8 59019 60052 60953 62172
9 61256 62328 63263 64528
10 63476 64587 65556 66867

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 47680 48514 49242 50227
2 50258 51138 51905 52943
3 52831 53756 54562 55653
4 55407 56377 57223 58367
5 57973 58988 59873 61070
6 60549 61609 62533 63784
7 63117 64222 65185 66489
8 65689 66839 67842 69199
9 68264 69459 70501 71911
10 70824 72063 73144 74607

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 50422 51304 52074 53115
2 52994 53921 54730 55825
3 55568 56540 57388 58536
4 58141 59158 60045 61246
5 60711 61773 62700 63954
6 63287 64395 65361 66668
7 65859 67012 68017 69377
8 68426 69623 70667 72080
9 71000 72243 73327 74794
10 73561 74848 75971 77490

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Quebec


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 32498 33067 33563 34234
2 34815 35424 35955 36674
3 37129 37779 38346 39113
4 39447 40137 40739 41554
5 41765 42496 43133 43996
6 44081 44852 45525 46436
7 46401 47213 47921 48879
8 48718 49571 50315 51321
9 51031 51924 52703 53757
10 53350 54284 55098 56200

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 35022 35635 36170 36893
2 37129 37779 38346 39113
3 39236 39923 40522 41332
4 41341 42064 42695 43549
5 43451 44211 44874 45771
6 45558 46355 47050 47991
7 47660 48494 49221 50205
8 49770 50641 51401 52429
9 51874 52782 53574 54645
10 53967 54911 55735 56850
11 56067 57048 57904 59062

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 37879 38542 39120 39902
2 40050 40751 41362 42189
3 42221 42960 43604 44476
4 44387 45164 45841 46758
5 46552 47367 48078 49040
6 48731 49584 50328 51335
7 50898 51789 52566 53617
8 53066 53995 54805 55901
9 55237 56204 57047 58188
10 57391 58395 59271 60456
11 59558 60600 61509 62739

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 41203 41924 42553 43404
2 43254 44011 44671 45564
3 45300 46093 46784 47720
4 47348 48177 48900 49878
5 49390 50254 51008 52028
6 51439 52339 53124 54186
7 53484 54420 55236 56341
8 55531 56503 57351 58498
9 57574 58582 59461 60650
10 59627 60670 61580 62812
11 61667 62746 63687 64961
12 63710 64825 65797 67113

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 45015 45803 46490 47420
2 47147 47972 48692 49666
3 49278 50140 50892 51910
4 51404 52304 53089 54151
5 53539 54476 55293 56399
6 55666 56640 57490 58640
7 57798 58809 59691 60885
8 59924 60973 61888 63126
9 62056 63142 64089 65371
10 64186 65309 66289 67615
11 66327 67488 68500 69870
12 68456 69654 70699 72113

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 48763 49616 50360 51367
2 51146 52041 52822 53878
3 53522 54459 55276 56382
4 55903 56881 57734 58889
5 58280 59300 60190 61394
6 60657 61718 62644 63897
7 63026 64129 65091 66393
8 65409 66554 67552 68903
9 67789 68975 70010 71410
10 70163 71391 72462 73911
11 72547 73817 74924 76422
12 74922 76233 77376 78924

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Ontario


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 35148 35763 36299 37025
2 36590 37230 37788 38544
3 38031 38697 39277 40063
4 39465 40156 40758 41573
5 40915 41631 42255 43100
6 42353 43094 43740 44615
7 43794 44560 45228 46133
8 45227 46018 46708 47642

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 39590 40283 40887 41705
2 41638 42367 43003 43863
3 43691 44456 45123 46025
4 45739 46539 47237 48182
5 47792 48628 49357 50344
6 49843 50715 51476 52506
7 51892 52800 53592 54664
8 53937 54881 55704 56818
9 55980 56960 57814 58970

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 41365 42089 42720 43574
2 43629 44393 45059 45960
3 45893 46696 47396 48344
4 48156 48999 49734 50729
5 50421 51303 52073 53114
6 52686 53608 54412 55500
7 54950 55912 56751 57886
8 57217 58218 59091 60273
9 59479 60520 61428 62657
10 61757 62838 63781 65057

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 46980 47802 48519 49489
2 49461 50327 51082 52104
3 51940 52849 53642 54715
4 54425 55377 56208 57332
5 56902 57898 58766 59941
6 59386 60425 61331 62558
7 61867 62950 63894 65172
8 64346 65472 66454 67783
9 66829 67999 69019 70399
10 69299 70512 71570 73001

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 49153 50013 50763 51778
2 51646 52550 53338 54405
3 54154 55102 55929 57048
4 56648 57639 58504 59674
5 59149 60184 61087 62309
6 61650 62729 63670 64943
7 64147 65270 66249 67574
8 66644 67810 68827 70204
9 69145 70355 71410 72838
10 71628 72881 73974 75453

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 53018 53946 54755 55850
2 56151 57134 57991 59151
3 59281 60318 61223 62447
4 62412 63504 64457 65746
5 65547 66694 67694 69048
6 68674 69876 70924 72342
7 71800 73057 74153 75636
8 74890 76201 77344 78891
9 77677 79036 80222 81826
10 80465 81873 83101 84763

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Manitoba


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 34176 34774 35296 36002
2 35517 36139 36681 37415
3 36861 37506 38069 38830
4 38202 38871 39454 40243
5 39549 40241 40845 41662
6 40891 41607 42231 43076
7 42234 42973 43618 44490
8 43587 44350 45015 45915

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 37359 38013 38583 39355
2 38751 39429 40020 40820
3 40156 40859 41472 42301
4 41554 42281 42915 43773
5 42958 43710 44366 45253
6 44356 45132 45809 46725
7 45758 46559 47257 48202
8 47163 47988 48708 49682
9 48572 49422 50163 51166

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 41281 42003 42633 43486
2 42953 43705 44361 45248
3 44634 45415 46096 47018
4 46302 47112 47819 48775
5 47983 48823 49555 50546
6 49661 50530 51288 52314
7 51338 52236 53020 54080
8 53008 53936 54745 55840
9 54689 55646 56481 57611

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 50971 51863 52641 53694
2 53511 54447 55264 56369
3 56051 57032 57887 59045
4 58586 59611 60505 61715
5 61128 62198 63131 64394
6 63660 64774 65746 67061
7 66194 67352 68362 69729
8 68734 69937 70986 72406
9 71270 72517 73605 75077
10 73811 75103 76230 77755

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 54286 55236 56065 57186
2 56827 57821 58688 59862
3 59374 60413 61319 62545
4 61912 62995 63940 65219
5 64461 65589 66573 67904
6 67000 68173 69196 70580
7 69551 70768 71830 73267
8 72092 73354 74454 75943
9 74618 75924 77063 78604
10 76890 78236 79410 80998

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 57202 58203 59076 60258
2 59923 60972 61887 63125
3 62649 63745 64701 65995
4 65376 66520 67518 68868
5 68095 69287 70326 71733
6 70824 72063 73144 74607
7 73543 74830 75952 77471
8 76079 77410 78571 80142
9 78503 79877 81075 82697
10 80929 82345 83580 85252

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Saskatchewan


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 31275 31822 32299 32945
2 32883 33458 33960 34639
3 34493 35097 35623 36335
4 36095 36727 37278 38024
5 37706 38366 38941 39720
6 39310 39998 40598 41410
7 40921 41637 42262 43107
8 42537 43281 43930 44809

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 35317 35935 36474 37203
2 37305 37958 38527 39298
3 39298 39986 40586 41398
4 41282 42004 42634 43487
5 43275 44032 44692 45586
6 45265 46057 46748 47683
7 47252 48079 48800 49776
8 49242 50104 50856 51873
9 51219 52115 52897 53955

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 39578 40271 40875 41693
2 41532 42259 42893 43751
3 43490 44251 44915 45813
4 45451 46246 46940 47879
5 47408 48238 48962 49941
6 49369 50233 50986 52006
7 51319 52217 53000 54060
8 53276 54208 55021 56121
9 55254 56221 57064 58205

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 48465 49313 50053 51054
2 50883 51773 52550 53601
3 53312 54245 55059 56160
4 55731 56706 57557 58708
5 58150 59168 60056 61257
6 60577 61637 62562 63813
7 62997 64099 65060 66361
8 65426 66571 67570 68921
9 67847 69034 70070 71471
10 70248 71477 72549 74000

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 52648 53569 54373 55460
2 55011 55974 56814 57950
3 57374 58378 59254 60439
4 59735 60780 61692 62926
5 62099 63186 64134 65417
6 64468 65596 66580 67912
7 66832 68002 69022 70402
8 69192 70403 71459 72888
9 71551 72803 73895 75373
10 73912 75205 76333 77860

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 55685 56659 57509 58659
2 58045 59061 59947 61146
3 60413 61470 62392 63640
4 62777 63876 64834 66131
5 65135 66275 67269 68614
6 67499 68680 69710 71104
7 69864 71087 72153 73596
8 72232 73496 74598 76090
9 74591 75896 77034 78575
10 76866 78211 79384 80972

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
Alberta


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 31726 32281 32765 33420
2 33463 34049 34560 35251
3 35192 35808 36345 37072
4 36932 37578 38142 38905
5 38660 39337 39927 40726
6 40394 41101 41718 42552
7 42131 42868 43511 44381
8 43864 44632 45301 46207

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 35507 36128 36670 37403
2 37723 38383 38959 39738
3 39944 40643 41253 42078
4 42161 42899 43542 44413
5 44377 45154 45831 46748
6 46596 47411 48122 49084
7 48813 49667 50412 51420
8 51031 51924 52703 53757
9 53249 54181 54994 56094

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 41523 42250 42884 43742
2 43732 44497 45164 46067
3 45950 46754 47455 48404
4 48169 49012 49747 50742
5 50384 51266 52035 53076
6 52606 53527 54330 55417
7 54823 55782 56619 57751
8 57034 58032 58902 60080
9 59264 60301 61206 62430

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 48025 48865 49598 50590
2 50678 51565 52338 53385
3 53330 54263 55077 56179
4 55992 56972 57827 58984
5 58649 59675 60570 61781
6 61300 62373 63309 64575
7 63955 65074 66050 67371
8 66612 67778 68795 70171
9 69273 70485 71542 72973
10 71934 73193 74291 75777

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 50660 51547 52320 53366
2 53359 54293 55107 56209
3 56043 57024 57879 59037
4 58730 59758 60654 61867
5 61425 62500 63438 64707
6 64116 65238 66217 67541
7 66804 67973 68993 70373
8 69492 70708 71769 73204
9 72179 73442 74544 76035
10 74863 76173 77316 78862

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 53666 54605 55424 56532
2 56358 57344 58204 59368
3 59047 60080 60981 62201
4 61738 62818 63760 65035
5 64427 65554 66537 67868
6 67117 68292 69316 70702
7 69809 71031 72096 73538
8 72494 73763 74869 76366
9 75181 76497 77644 79197
10 77622 78980 80165 81768

Elementary and Secondary Teaching Sub-Group (ED-EST)
Guidance and Vocational Counsellor
Annual Rates of Pay
(in dollars)
British Columbia


Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 36116 36748 37299 38045
2 37983 38648 39228 40013
3 39853 40550 41158 41981
4 41717 42447 43084 43946
5 43586 44349 45014 45914
6 45455 46250 46944 47883
7 47323 48151 48873 49850
8 49191 50052 50803 51819

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 39289 39977 40577 41389
2 41125 41845 42473 43322
3 42965 43717 44373 45260
4 44803 45587 46271 47196
5 46642 47458 48170 49133
6 48478 49326 50066 51067
7 50319 51200 51968 53007
8 52156 53069 53865 54942
9 53995 54940 55764 56879

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 43673 44437 45104 46006
2 46166 46974 47679 48633
3 48657 49508 50251 51256
4 51149 52044 52825 53882
5 53640 54579 55398 56506
6 56136 57118 57975 59135
7 58621 59647 60542 61753
8 61112 62181 63114 64376
9 63605 64718 65689 67003

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 46961 47783 48500 49470
2 49534 50401 51157 52180
3 52105 53017 53812 54888
4 54678 55635 56470 57599
5 57251 58253 59127 60310
6 59818 60865 61778 63014
7 62385 63477 64429 65718
8 64962 66099 67090 68432
9 67529 68711 69742 71137
10 70100 71327 72397 73845
11 72672 73944 75053 76554

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
1 50414 51296 52065 53106
2 53234 54166 54978 56078
3 56054 57035 57891 59049
4 58872 59902 60801 62017
5 61692 62772 63714 64988
6 64511 65640 66625 67958
7 67332 68510 69538 70929
8 70148 71376 72447 73896
9 72969 74246 75360 76867
10 75785 77111 78268 79833
11 78608 79984 81184 82808

Indian and Northern Affairs Canada
12 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
1 54534 55488 56320 57446
2 57211 58212 59085 60267
3 59886 60934 61848 63085
4 62554 63649 64604 65896
5 65224 66365 67360 68707
6 67901 69089 70125 71528
7 70571 71806 72883 74341
8 73243 74525 75643 77156
9 75914 77242 78401 79969
10 78591 79966 81165 82788
11 81264 82686 83926 85605


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Annex "A1-2"

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario


Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
0 32292 32857 33350 34017
1 34877 35487 36019 36739
2 36311 36946 37500 38250
3 37738 38398 38974 39753
4 39165 39850 40448 41257
5 40602 41313 41933 42772
6 42028 42763 43404 44272
7 43455 44215 44878 45776
8 44885 45670 46355 47282

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
0 36373 37010 37565 38316
1 39285 39972 40572 41383
2 41324 42047 42678 43532
3 43359 44118 44780 45676
4 45393 46187 46880 47818
5 47430 48260 48984 49964
6 49463 50329 51084 52106
7 51499 52400 53186 54250
8 53540 54477 55294 56400
9 55558 56530 57378 58526

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
0 38010 38675 39255 40040
1 41052 41770 42397 43245
2 43300 44058 44719 45613
3 45550 46347 47042 47983
4 47799 48635 49365 50352
5 50047 50923 51687 52721
6 52294 53209 54007 55087
7 54543 55498 56330 57457
8 56792 57786 58653 59826
9 59046 60079 60980 62200
10 61287 62360 63295 64561

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
0 43161 43916 44575 45467
1 46614 47430 48141 49104
2 49081 49940 50689 51703
3 51539 52441 53228 54293
4 54001 54946 55770 56885
5 56471 57459 58321 59487
6 58933 59964 60863 62080
7 61394 62468 63405 64673
8 63860 64978 65953 67272
9 66320 67481 68493 69863
10 68779 69983 71033 72454

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
0 45162 45952 46641 47574
1 48776 49630 50374 51381
2 51252 52149 52931 53990
3 53728 54668 55488 56598
4 56206 57190 58048 59209
5 58687 59714 60610 61822
6 61159 62229 63162 64425
7 63643 64757 65728 67043
8 66121 67278 68287 69653
9 68594 69794 70841 72258
10 71083 72327 73412 74880

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
0 48717 49570 50314 51320
1 52616 53537 54340 55427
2 55713 56688 57538 58689
3 58824 59853 60751 61966
4 61930 63014 63959 65238
5 65037 66175 67168 68511
6 68140 69332 70372 71779
7 71246 72493 73580 75052
8 74492 75796 76933 78472
9 77447 78802 79984 81584
10 80562 81972 83202 84866

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta


Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
0 29386 29900 30349 30956
1 32326 32892 33385 34053
2 34094 34691 35211 35915
3 35860 36488 37035 37776
4 37623 38281 38855 39632
5 39396 40085 40686 41500
6 41163 41883 42511 43361
7 42926 43677 44332 45219
8 44687 45469 46151 47074

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
0 32885 33460 33962 34641
1 36175 36808 37360 38107
2 38435 39108 39695 40489
3 40699 41411 42032 42873
4 42964 43716 44372 45259
5 45221 46012 46702 47636
6 47481 48312 49037 50018
7 49738 50608 51367 52394
8 52001 52911 53705 54779
9 54255 55204 56032 57153

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
0 38458 39131 39718 40512
1 42304 43044 43690 44564
2 44566 45346 46026 46947
3 46831 47651 48366 49333
4 49085 49944 50693 51707
5 51349 52248 53032 54093
6 53612 54550 55368 56475
7 55867 56845 57698 58852
8 58132 59149 60036 61237
9 60385 61442 62364 63611

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
0 44485 45263 45942 46861
1 48934 49790 50537 51548
2 51634 52538 53326 54393
3 54341 55292 56121 57243
4 57050 58048 58919 60097
5 59760 60806 61718 62952
6 62464 63557 64510 65800
7 65174 66315 67310 68656
8 67876 69064 70100 71502
9 70588 71823 72900 74358
10 73290 74573 75692 77206

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 5 1/7/11 1/7/12 1/7/13
0 46925 47746 48462 49431
1 51619 52522 53310 54376
2 54356 55307 56137 57260
3 57095 58094 58965 60144
4 59832 60879 61792 63028
5 62582 63677 64632 65925
6 65318 66461 67458 68807
7 68056 69247 70286 71692
8 70791 72030 73110 74572
9 73537 74824 75946 77465
10 76270 77605 78769 80344

Teachers - Indian and Northern Affairs Canada
10 month pay plan (in dollars)
Teaching
Experience
Level 6 1/7/11 1/7/12 1/7/13
0 49710 50580 51339 52366
1 54681 55638 56473 57602
2 57416 58421 59297 60483
3 60160 61213 62131 63374
4 62895 63996 64956 66255
5 65638 66787 67789 69145
6 68374 69571 70615 72027
7 71117 72362 73447 74916
8 73851 75143 76270 77795
9 76593 77933 79102 80684
10 79338 80726 81937 83576

Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st 2013

Principals - Level 1 - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 80018 83220 86549 90010
A) July 1st, 2011 81418 84676 88064 91585
B) July 1st, 2012 82639 85946 89385 92959
C) July 1st, 2013 84292 87665 91173 94818

Principals - Level 2 - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 90610 94235 98004 101924
A) July 1st, 2011 92196 95884 99719 103708
B) July 1st, 2012 93579 97322 101215 105264
C) July 1st, 2013 95451 99268 103239 107369


Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

Principals - Level 1 - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 76489 79548 82731 86040
A) July 1st, 2011 77828 80940 84179 87546
B) July 1st, 2012 78995 82154 85442 88859
C) July 1st, 2013 80575 83797 87151 90636

Principals - Level 2 - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 82962 86279 89730 93320
A) July 1st, 2011 84414 87789 91300 94953
B) July 1st, 2012 85680 89106 92670 96377
C) July 1st, 2013 87394 90888 94523 98305


Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Ontario

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

Vice-Principals - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 73547 76489 79548 82731
A) July 1st, 2011 74834 77828 80940 84179
B) July 1st, 2012 75957 78995 82154 85442
C) July 1st, 2013 77476 80575 83797 87151

Vice-Principals - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 84137 87502 91004 94644
A) July 1st, 2011 85609 89033 92597 96300
B) July 1st, 2012 86893 90368 93986 97745
C) July 1st, 2013 88631 92175 95866 99700


Elementary and Secondary Teaching Sub-Group (ED-EST)
Annual Rates of Pay
(in dollars)
Alberta

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

Vice-Principals - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 71782 74653 77639 80744
A) July 1st, 2011 73038 75959 78998 82157
B) July 1st, 2012 74134 77098 80183 83389
C) July 1st, 2013 75617 78640 81787 85057

Vice-Principals - Annual Rates of Pay (in dollars)
Indian and Northern Affairs Canada
Effective Date Step 1 Step 2 Step 3 Step 4
$) July 1st, 2010 79432 82609 85912 89349
A) July 1st, 2011 80822 84055 87415 90913
B) July 1st, 2012 82034 85316 88726 92277
C) July 1st, 2013 83675 87022 90501 94123

ED-EST Sub-Group Pay Notes

1. Any service rendered by an employee on duties classified in the Education (ED) group shall be used in determining the employee's increment step on the EST pay grids.

2. An employee is entitled to be paid at the rate of pay on the pay grid for the appropriate region set forth in Schedules "A1", "A1-1" or "A1-2" as determined by his or her education, professional certification and experience. In addition, employees at these levels are entitled to the appropriate allowance provided in Article 50.

3. The rates of pay in Appendix "A1", "A1-1" and "A1-2" shall be implemented as indicated therein.

4. A teacher in the Department of Indian and Northern Affairs Canada who commences a new school year in the month of July or the month of August is entitled to be paid from the commencement of his or her school year at the rate of pay that becomes effective at the commencement of the school year, including the applicable increment provided he or she has given satisfactory service.

5. The Employer will pay teachers of INAC on a semi-monthly basis.

**

6. Notwithstanding Pay Note 2, an employee on a twelve (12) month work year in Correctional Service of Canada, Department of National Defence Canada or Department of Fisheries and Oceans is entitled to be paid for services rendered at rates of pay which are higher by twenty per cent (20%) than the rates of pay on the appropriate education experience grid set forth in Schedule "A1", and if applicable, the allowances set forth in Article 49.

7. Rates of Pay on Promotion, Transfer or Demotion of an Employee

  1. Notwithstanding Section 2(e)(iii) of the Public Service Terms and Conditions of Employment Regulations, sections 24, 25 and 26 of the above regulations shall apply when an employee is promoted, transferred or demoted to a position classified in another group or sub-group.
  2. For the purpose of this Article, the maximum rate of pay applicable to the position held by the employee immediately prior to the new appointment means the maximum salary in the level column in the appropriate education experience grid determined by the number of years of teacher education to his or her credit. If applicable, the rate of pay is increased by the percentage (%) prescribed in note 6 and/or the allowance provided for in Article 49.
  3. Notwithstanding (a) above, no employee will receive a rate of pay lower than the rate of pay he or she was receiving when, by mutual agreement, he or she is transferred from one region to another during the school year. The higher rate of pay will be paid for the remainder of that school year only. Should the rate of pay in the new region be higher, the higher rate will apply.

Explanatory Note

8. The following qualifications are required for placement of an employee at the various levels of the teachers' education-experience grid:

  1. Level One - For placement at this level, an employee must have:
    • Teaching Certificate
  2. Level Two - For placement at this level, an employee must have:
    • Teaching Certificate plus one (1) additional year of teacher education.
  3. Level Three - For placement at this level, an employee must have:
    • Teaching Certificate plus two (2) additional years of teacher education.
  4. Level Four - For placement at this level, an employee must have:
    • Teaching Certificate plus three (3) additional years of teacher education
  5. Level Five - For placement at this level, an employee must have:
    • Teaching Certificate plus four (4) additional years of teacher education
  6. Level Six - For placement at this level, an employee must have:
    • Teaching Certificate plus five (5) additional years of teacher education

9. This applies to teachers in the Department of Indian and Northern Affairs. The following professional certification and academic qualifications are required for placement of an employee at the various levels of the principals and vice-principals education-experience grid:

Vice-Principal and Principal Professional Certification

Employees appointed to school leadership positions must hold current teacher certification issued by the Ministry of Education, Department of Education or the College of Teachers of the province in which the school is located and should have a provincial principal qualification in province, territory, or provincial school unit within the geographic area where such is a requirement for vice-principals and principals employed by public school boards in elementary and secondary schools.

Vice-Principal and Principal Academic Qualifications

  1. Level One – For placement at this level, an employee must have
    1. at a minimum, a Bachelor's degree in Education and current teacher certification issued by the Ministry of Education or College of Teachers of the province in which the school is located.
  2. Level Two – For placement at this level, an employee must have:
    1. Master's degree in Education and current teacher certification issued by the Ministry of Education or College of Teachers of the province in which the school is located that included a principal qualification on the teaching certificate where such is required by provincial regulation.

10. "Teacher Education" refers to successfully completed years of university study recognized by a Canadian university, or teacher training after matriculation which must include one year of study leading to the granting of a recognized teaching certificate. This clause does not apply to teachers on staff prior to the signing of this Agreement, unless a teacher requests a re-evaluation of his scholarity.

11. "Teaching Certificate" refers to successfully completed training to obtain a teaching certificate in an university and recognized by provincial authorities of the province, territory, or provincial school unit within the geographic area in which the school is located. In circumstances where the educational program leading to the granting of a teaching certificate is more than one-year, the additional year(s) will count towards teacher education.

12. For the purpose of the placement of an employee at a level on the teacher's education- experience grid, the Employer will give full credit for the years of teacher education, and teacher certificates recognized by provincial authorities of the province, territory, or provincial school unit within the geographic area in which the school is located.

13. Notwithstanding Pay Note 8, the placement of a Technical and Vocational Teacher employed at Correctional Service Canada (CSC) on the teachers education-experience grid will be according to a "Reference Grid" which provides level equivalencies between the ED-EST levels at CSC and those in provincial jurisdictions.

14. The Employer agrees that, where prior to December 29, 1998, Correctional Service of Canada has taken the initiative of placing an ED-EST employee higher on the salary grid than the employee should have been placed, according to his or her qualifications as defined in the collective agreement at the time of such placement, this Correctional Service of Canada initiated placement will not be revisited.

15. Notwithstanding the preceding paragraph and other provisions of this agreement, where an employee has been placed on the grid at a higher level than warranted, the employee will not be able to avail himself or herself of the provisions governing the progression to a higher level on the salary grid until the employee meets the requirements of the level in which he or she is presently placed.

16. Where the Employer requests an evaluation of an employee's qualifications, the cost of the evaluation itself will be at the expense of the Employer, and any costs associated with supplying necessary documentation will be borne by the Employer. Where the evaluation is initiated by the employee, all costs will be borne by the employee.

17. It is the employee's responsibility to submit to the Employer within ninety (90) days following the date on which he or she enters the Public Service all documents that will establish his or her rate of pay. No retroactive changes shall be made to his or her rate of pay after the prescribed ninety (90) day deadline.

18. Credit for Previous Experience

Experience is recognized by the granting of one increment for each acceptable year of teaching or counselling experience prior to appointment to a position in the bargaining unit. A full year of experience is to be allowed for the following:

  1. Any full academic year
  2. Any portion of an academic year of six (6) months or more; or the equivalent in days or hours of teaching or counselling experience.

Previous Experience as a Teacher Aide

Upon appointment to the EST sub-group, one half (1/2) of the service gained in a classroom as a teacher aide shall be recognized in determining the employee's increment step on the EST pay grid.

Previous Experience - Vocational Teacher

  1. For Vocational Teachers work experience prior to appointment to a position in the bargaining unit is recognized by the granting of one increment for each acceptable full year of work experience in the employee's trade at the journeyman level or after obtaining a Certificate of Qualification.
  2. Notwithstanding sub-clause a), any period of work experience which has already been used to qualify for teacher certification shall not be counted towards the granting of increments.

19. Changes in Rates of Pay After Appointment

  1. After appointment, an employee on a school year will be granted annual increments at commencement of the school year provided the employee has been on duty at least six (6) months since the last increment or since appointment and has given satisfactory service.
  2. Subject to satisfactory performance of duties, an employee on a twelve (12) month work year will be granted annual increments on the anniversary date of an employee's most recent appointment.
  3. It is up to the employee to submit to the Employer the documents proving that he or she has higher educational qualifications than those of the education level in which he or she is being paid, within six (6) months following the date of issuance of the official transcript of such additional qualifications. The employee shall be granted retroactive pay, if he or she meets the requirements, either from the date of issuance of the official transcript of additional qualifications if it is submitted within six (6) months or from the date the official transcript was submitted to the Employer, in all other cases.

20. In applying the new rates of pay, an employee retains his step in the pay grid except as provided in Note 19 above.

21. An employee who does not meet the requirements of Level One is placed at the step corresponding to his or her experience and is given the rate of pay of Level One minus five hundred dollars ($500.00).

22. Notwithstanding Pay Note 2, a part-time employee who works during the school year, as defined in clause 44.01, is granted an annual increment when he or she has received pay equivalent to six (6) months of work as a full-time employee. In order to benefit from subsequent increments, an employee must have received pay equivalent to the number of days of work of a full-time employee as prescribed in clause 44.01.

23. Where an existing employee would be negatively impacted by placement on the Education-Experience grid, under the changes to the pay notes, he or she would be salary protected at their current level.

**

24. Education Levels for ED-ESTs at Canadian Coast Guard College

The employee's level of education must be certified by an organization recognized by the Employer.

  • Education Level 3 (Bachelors)
    • This level requires a Bachelor's or equivalent degree recognized by a Canadian university.
  • Education Level 4 (Bachelors + 1)
    1. This level requires an Honour's Bachelor's or equivalent degree recognized by a Canadian university.
      or
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus one (1) further year of teacher education as defined in Note 10.
  • Education Level 5 (Bachelors + 2)
    1. This level requires an Honour's Bachelor's or equivalent degree recognized by a Canadian university, plus one (1) further year of teacher education as defined in Note 10.
      or
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus two (2) further years of teacher education as defined in Note 10.
  • Education Level 6 (Bachelors + 3)
    1. This level requires an Honour's Bachelor's or equivalent degree, recognized by a Canadian university plus two (2) further years of teacher education as defined in Note 10.
      or
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus three (3) further years of teacher education as defined in Note 10.

Miscellaneous

Teacher Education, for the purposes of this pay plan, means education certified by an employer-recognized organization and shall consist of any one or combination of the following:

  1. A year of study resulting in a recognized teaching certificate or diploma.
  2. A year of university study, completion of which is officially certified by an educational establishment.

An employee appointed to an ED-EST position at the Canadian Coast Guard College prior to the date of signing of this collective agreement will not have his or her Education Level lowered solely by the application of this pay note.

This provision will cease to apply to an employee when he or she leaves the Canadian Coast Guard College.



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Annex "A2"

Language Teaching Sub-Group (ED-LAT)
Annual Rates of Pay
(in dollars)

The salary to be paid employees at levels ED-LAT-01 and 02 shall be determined as follows:


Language Teaching 1 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 40118 40820 41432 42261
2 41893 42626 43265 44130
3 43678 44442 45109 46011
4 45468 46264 46958 47897
5 47247 48074 48795 49771
6 49032 49890 50638 51651
7 50819 51708 52484 53534
8 52609 53530 54333 55420
9 54384 55336 56166 57289
10 56173 57156 58013 59173
11 57954 58968 59853 61050
12 59747 60793 61705 62939

Language Teaching 1 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 45354 46148 46840 47777
2 47279 48106 48828 49805
3 49197 50058 50809 51825
4 51123 52018 52798 53854
5 53046 53974 54784 55880
6 54965 55927 56766 57901
7 56892 57888 58756 59931
8 58808 59837 60735 61950
9 60732 61795 62722 63976
10 62656 63752 64708 66002
11 64575 65705 66691 68025
12 66501 67665 68680 70054
13 68421 69618 70662 72075

Language Teaching 1 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 47911 48749 49480 50470
2 49832 50704 51465 52494
3 51751 52657 53447 54516
4 53678 54617 55436 56545
5 55596 56569 57418 58566
6 57522 58529 59407 60595
7 59444 60484 61391 62619
8 61364 62438 63375 64643
9 63288 64396 65362 66669
10 65210 66351 67346 68693
11 67133 68308 69333 70720
12 69052 70260 71314 72740
13 70976 72218 73301 74767

Language Teaching 1 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 51078 51972 52752 53807
2 53103 54032 54842 55939
3 55135 56100 56942 58081
4 57157 58157 59029 60210
5 59183 60219 61122 62344
6 61209 62280 63214 64478
7 63238 64345 65310 66616
8 65265 66407 67403 68751
9 67288 68466 69493 70883
10 69318 70531 71589 73021
11 71345 72594 73683 75157
12 73372 74656 75776 77292
13 75397 76716 77867 79424

Language Teaching 2 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 1 1/7/11 1/7/12 1/7/13
1 44918 45704 46390 47318
2 46695 47512 48225 49190
3 48477 49325 50065 51066
4 50269 51149 51916 52954
5 52049 52960 53754 54829
6 53833 54775 55597 56709
7 55620 56593 57442 58591
8 57409 58414 59290 60476
9 59186 60222 61125 62348
10 60973 62040 62971 64230
11 62755 63853 64811 66107
12 64549 65679 66664 67997

Language Teaching 2 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 2 1/7/11 1/7/12 1/7/13
1 50155 51033 51798 52834
2 52079 52990 53785 54861
3 53997 54942 55766 56881
4 55922 56901 57755 58910
5 57848 58860 59743 60938
6 59767 60813 61725 62960
7 61694 62774 63716 64990
8 63609 64722 65693 67007
9 65532 66679 67679 69033
10 67457 68637 69667 71060
11 69378 70592 71651 73084
12 71303 72551 73639 75112
13 73222 74503 75621 77133

Language Teaching 2 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 3 1/7/11 1/7/12 1/7/13
1 52712 53634 54439 55528
2 54634 55590 56424 57552
3 56552 57542 58405 59573
4 58478 59501 60394 61602
5 60397 61454 62376 63624
6 62321 63412 64363 65650
7 64244 65368 66349 67676
8 66166 67324 68334 69701
9 68088 69280 70319 71725
10 70011 71236 72305 73751
11 71935 73194 74292 75778
12 73853 75145 76272 77797
13 75778 77104 78261 79826

Language Teaching 2 - Employees will receive the rate on the grid determined by their education and experience (in dollars)
Teaching
Experience
Level 4 1/7/11 1/7/12 1/7/13
1 55878 56856 57709 58863
2 57904 58917 59801 60997
3 59937 60986 61901 63139
4 61958 63042 63988 65268
5 63986 65106 66083 67405
6 66010 67165 68172 69535
7 68037 69228 70266 71671
8 70067 71293 72362 73809
9 72090 73352 74452 75941
10 74119 75416 76547 78078
11 76146 77479 78641 80214
12 78172 79540 80733 82348
13 80197 81600 82824 84480

ED-LAT Sub-Group Pay Notes

1. Any service rendered by an employee on duties classified in the Education (ED) group shall be used in determining the employee's increment step on the LAT pay grids.

2. An employee is entitled to be paid at the rate of pay on the pay grid set forth in Appendix "A2" as determined by his or her education and experience.

3. Changes in Rates of Pay

  1. Except as provided in paragraphs (b), (c) and (d) below, in applying the new rates of pay an employee retains his or her step in the salary grid.
  2. An employee shall be entitled to be paid on a higher rate in the range of rates for the education level in which he or she is being paid on the date on which the employee attains the requisite experience.
  3. It is up to the employee to submit to the Employer the documents proving that he or she has higher educational qualifications than those of the education level in which he is being paid, within ninety (90) days following the date of issuance of the official transcript of such additional qualifications. The employee shall be granted retroactive pay, if he or she meets the requirements, either from the date of issuance of the official transcript of additional qualifications if it is submitted within ninety (90) days or from the date the official transcript was submitted to the Employer, in all other cases.
  4. It is the employee's responsibility to submit to the Employer within ninety (90) days following the date on which he or she enters the Public Service all documents, including certifications or equivalency certificates that will establish his or her rate of pay. No retroactive changes shall be made to his or her rate of pay after the prescribed ninety (90) day deadline.
  5. It is up to the employee who acquired his or her degrees or teaching experience outside of Canada to cover the expenses for all documents related to the certifications or equivalency certificates required to establish his or her rate of pay.

4. Education Levels

For foreign-acquired degrees, the employee's level of education must be certified by an organization recognized by the Employer.

  • Education Level 1 (B.A.)
    • This level requires a Bachelor's or equivalent degree recognized by a Canadian university.
  • Education Level 2 (B.A. + 1)
    1. This level requires an Honour's Bachelor's or equivalent degree recognized by a Canadian university.
      or
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus one (1) further year of teacher education as defined in Note 6.
  • Education Level 3 (B.A. + 2)
    1. This level requires an Honour's Bachelor's or equivalent degree recognized by a Canadian university, plus one (1) further year of teacher education as defined in Note 6.
      or
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus two (2) further years of teacher education as defined in Note 6.
  • Education Level 4 (B.A. + 3)
    1. This level requires an Honour's Bachelor's or equivalent degree, recognized by a Canadian university plus two (2) further years of teacher education as defined in Note 6.
    2. A Bachelor's or equivalent degree recognized by a Canadian university plus three (3) further years of teacher education as defined in Note 6.

5. Experience

  1. Within the pay range for each educational level, experience is recognized by the granting of one increment for each year of teaching experience prior to appointment. An employee with no experience will be appointed at the first (1st) rate in the range. For each year of experience after appointment, an employee will receive one additional increment provided that service has been satisfactory.

**

Credit for Previous Experience

  1. A full year of experience prior to appointment will be allowed for any of the following:
    1. any full academic year at an establishment, recognized or accredited by a school board or provincial Department of Education, that is, eight (8) months (university teaching), ten (10) months (elementary and secondary school teaching) or eleven (11) to twelve (12) months (government teaching or a recognized commercial school);
    2. any portion of an academic year of six (6) months or more;

    **

    1. any portion of any academic year, in whole months, which is not already credited in sub-clause 5(b)(i), at an establishment recognized and accredited by a school board or provincial Department of Education, which totals 6 to 12 months;
    2. second language teaching at night school or on some other part-time basis in the amount of four hundred (400) hours at an establishment recognized and accredited by a school board or provincial Department of Education;
    3. for teaching experience acquired abroad, the employee must provide an equivalency certificate from an establishment recognized or accredited by a school board or provincial Department of Education as defined in (i), (ii), (iii) and (iv);
    4. provided that, in all cases, no more than one (1) full year is credited during a twelve (12)-month calendar year.

6. Miscellaneous

Teacher Education, for the purposes of this pay plan, means education certified by an employer-recognized organization and shall consist of any one or combination of the following:

  1. A year of study resulting in a recognized teaching certificate or diploma.

**

  1. A year of university study, completion of which is officially certified by an educational establishment.

7. An employee appointed to a position in the Language-Teaching Sub-Group prior to November 22, 1988 will not have his or her Education Level lowered solely by the application of pay notes 4 and 6 to Annex "A2".

This provision will cease to apply to an employee when he or she leaves the Language Teaching Sub-Group.



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Annex "A3"

Education Services Sub-Group (ED-EDS)
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

EDS-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$ July 1st, 2010 59891 63017 65281 67541 69803
A) July 1st, 2011 60939 64120 66423 68723 71025
B) July 1st, 2012 61853 65082 67419 69754 72090
C) July 1st, 2013 63090 66384 68767 71149 73532

EDS-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3
$) July 1st, 2010 71756 74007 76243
A) July 1st, 2011 73012 75302 77577
B) July 1st, 2012 74107 76432 78741
C) July 1st, 2013 75589 77961 80316

EDS-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3
$) July 1st, 2010 76580 78998 81405
A) July 1st, 2011 77920 80380 82830
B) July 1st, 2012 79089 81586 84072
C) July 1st, 2013 80671 83218 85753

EDS-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3
$) July 1st, 2010 82117 84602 87087
A) July 1st, 2011 83554 86083 88611
B) July 1st, 2012 84807 87374 89940
C) July 1st, 2013 86503 89121 91739

EDS-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3
$) July 1st, 2010 88512 91233 93924
A) July 1st, 2011 90061 92830 95568
B) July 1st, 2012 91412 94222 97002
C) July 1st, 2013 93240 96106 98942

**

ED-EDS Sub-Group Pay Notes

Pay Increment for Full-Time and Part-Time Employees

1. The pay increment period for indeterminate employees at levels ED-EDS-1 to ED-EDS-5 is the anniversary date of such appointment. A pay increment shall be to the next rate in the scale of rates.

2. The pay increment period for term employees at levels ED-EDS-1 to ED-EDS-5 is fifty-two (52) weeks. A pay increment shall be to the next rate in the scale of rates.

3. An employee appointed to a term position shall receive an increment after having reached fifty-two (52) weeks of cumulative service. For the purpose of defining when a determinate employee will be entitled to go the next salary increment, "cumulative" means all service, whether continuous or discontinuous within the core public administration at the same occupational group and level.



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Annex "A4"

Library Science Group
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

LS-1 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
$ July 1st, 2010 53456 55113 56770 58426 60080 61738 63393 65049
A) July 1st, 2011 54391 56077 57763 59448 61131 62818 64502 66187
B) July 1st, 2012 55207 56918 58629 60340 62048 63760 65470 67180
C) July 1st, 2013 56311 58056 59802 61547 63289 65035 66779 68524

LS-2 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$ July 1st, 2010 59115 61062 63013 64958 67027
A) July 1st, 2011 60150 62131 64116 66095 68200
B) July 1st, 2012 61052 63063 65078 67086 69223
C) July 1st, 2013 62273 64324 66380 68428 70607

LS-3 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5
$ July 1st, 2010 69151 71374 73590 75813 78032
A) July 1st, 2011 70361 72623 74878 77140 79398
B) July 1st, 2012 71416 73712 76001 78297 80589
C) July 1st, 2013 72844 75186 77521 79863 82201

LS-4 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$ July 1st, 2010 71591 74175 76750 79335 81917 84497
A) July 1st, 2011 72844 75473 78093 80723 83351 85976
B) July 1st, 2012 73937 76605 79264 81934 84601 87266
C) July 1st, 2013 75416 78137 80849 83573 86293 89011

LS-5 - Annual Rates of Pay (in dollars)
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$ July 1st, 2010 86320 89144 91964 94786 97611 100434
A) July 1st, 2011 87831 90704 93573 96445 99319 102192
B) July 1st, 2012 89148 92065 94977 97892 100809 103725
C) July 1st, 2013 90931 93906 96877 99850 102825 105800

LS Group Pay Notes

General

**

Pay Increment for Full-Time and Part-Time Employees

1. The pay increment period for indeterminate employees at levels LS-1 to LS-5 is the anniversary date of such appointment. A pay increment shall be to the next rate in the scale of rates.

2. The pay increment period for term employees at levels LS-1 to LS-5 is fifty-two (52) weeks. A pay increment shall be to the next rate in the scale of rates.

3. An employee appointed to a term position shall receive an increment after having reached fifty-two (52) weeks of cumulative service. For the purpose of defining when a determinate employee will be entitled to go the next salary increment, "cumulative" means all service, whether continuous or discontinuous within the core public administration at the same occupational group and level.

4. For the purpose of administering General Pay Note 1 above, the pay increment date for an employee, appointed on or after November 27, 1980, to a position in the bargaining unit upon promotion, demotion, or from outside the public service, shall be the anniversary date of such appointment. The anniversary date for an employee who was appointed to a position in the bargaining unit prior to November 27, 1980 remains unchanged.



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Annex "A5"

Educational Support Group (EU)
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013
EU - Annual Rates of Pay (in dollars)
Subgroup: Teacher's Aide (10 month pay plan

Region: Maritimes
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 30696 31982 33256 34536 35827 37106 38378
A) July 1st, 2011 31233 32542 33838 35140 36454 37755 39050
B) July 1st, 2012 31701 33030 34346 35667 37001 38321 39636
C) July 1st, 2013 32335 33691 35033 36380 37741 39087 40429

Region: Quebec
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 34214 35414 36612 37810 39002 40211 41409
A) July 1st, 2011 34813 36034 37253 38472 39685 40915 42134
B) July 1st, 2012 35335 36575 37812 39049 40280 41529 42766
C) July 1st, 2013 36042 37307 38568 39830 41086 42360 43621

Region: Ontario
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 31934 33224 34526 35824 37125 38417 39721
A) July 1st, 2011 32493 33805 35130 36451 37775 39089 40416
B) July 1st, 2012 32980 34312 35657 36998 38342 39675 41022
C) July 1st, 2013 33640 34998 36370 37738 39109 40469 41842

Region: Manitoba
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 32186 33311 34442 35560 36679 37815 38938
A) July 1st, 2011 32749 33894 35045 36182 37321 38477 39619
B) July 1st, 2012 33240 34402 35571 36725 37881 39054 40213
C) July 1st, 2013 33905 35090 36282 37460 38639 39835 41017

Region: Saskatchewan
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 31973 33260 34548 35833 37120 38408 39684
A) July 1st, 2011 32533 33842 35153 36460 37770 39080 40378
B) July 1st, 2012 33021 34350 35680 37007 38337 39666 40984
C) July 1st, 2013 33681 35037 36394 37747 39104 40459 41804

Region: Alberta
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 32372 33716 35058 36405 37758 39098 40445
A) July 1st, 2011 32939 34306 35672 37042 38419 39782 41153
B) July 1st, 2012 33433 34821 36207 37598 38995 40379 41770
C) July 1st, 2013 34102 35517 36931 38350 39775 41187 42605

Region: British Columbia
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 31822 33176 34549 35923 37285 38654 40019
A) July 1st, 2011 32379 33757 35154 36552 37937 39330 40719
B) July 1st, 2012 32865 34263 35681 37100 38506 39920 41330
C) July 1st, 2013 33522 34948 36395 37842 39276 40718 42157

Educational Support Group (EU)
Annual Rates of Pay
(in dollars)

Table Legend

  • $) Effective July 1st, 2010
  • A) Effective July 1st, 2011
  • B) Effective July 1st, 2012
  • C) Effective July 1st, 2013

LAI-1 - Annual Rates of Pay (in dollars)
Subgroup: Language Instructor
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 53185 54360 55526 56682 57845 59015 60172
A) July 1st, 2011 54116 55311 56498 57674 58857 60048 61225
B) July 1st, 2012 54928 56141 57345 58539 59740 60949 62143
C) July 1st, 2013 56027 57264 58492 59710 60935 62168 63386

PEI-1 - Annual Rates of Pay (in dollars)
Subgroup: Physical Education
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
$ July 1st, 2010 39660 40835 41997 43155 44320 45487 46647
A) July 1st, 2011 40354 41550 42732 43910 45096 46283 47463
B) July 1st, 2012 40959 42173 43373 44569 45772 46977 48175
C) July 1st, 2013 41778 43016 44240 45460 46687 47917 49139

PEI-2 - Annual Rates of Pay (in dollars)
Subgroup: Physical Education
Effective Date Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
$ July 1st, 2010 67409 68891 70380 71874 73363 74846
A) July 1st, 2011 68589 70097 71612 73132 74647 76156
B) July 1st, 2012 69618 71148 72686 74229 75767 77298
C) July 1st, 2013 71010 72571 74140 75714 77282 78844

EU Group Pay Notes

Language Instructor and Physical Education

**

Pay Increment for Full-Time and Part-Time Employees

1. The pay increment period for indeterminate employees is the anniversary date of such appointment. A pay increment shall be to the next rate in the scale of rates.

2. The pay increment period for term employees is fifty-two (52) weeks. A pay increment shall be to the next rate in the scale of rates.

3. An employee appointed to a term position shall receive an increment after having reached fifty-two (52) weeks of cumulative service. For the purpose of defining when a determinate employee will be entitled to go the next salary increment, "cumulative" means all service, whether continuous or discontinuous within the core public administration at the same occupational group and level.

Teacher Aides

4. An employee on a twelve (12) month work year is entitled to be paid for services rendered at rates of pay which are higher, by twenty per cent (20%), than the rates of pay on the pay scale as set forth in Appendix "A".

5. The Employer will continue the present practice of paying employees of the Department of Indian and Northern Affairs on a bi-monthly basis, with one (1) pay cheque in July and August.

6. An employee in the Department of Indian and Northern Affairs who commences a new school year in the month of July or the month of August is entitled to be paid from the commencement of the employee's school year at the rate of pay that becomes on the commencement of the following school year.

7. Changes in Rates of Pay after Appointment

  1. After appointment, an employee on a school year will be granted annual increments on the commencement of the following school year provided the employee has received pay for at least six months since the last increment or since appointment.
  2. Subject to satisfactory performance of duties, an employee on a twelve (12) month work year will be granted annual increments on the anniversary date of the employee's most recent appointment.

8. No employee will receive a rate of pay lower than the rate of pay he or she was receiving when, by mutual agreement, the employee is transferred from one region to another during the school year. The higher rate of pay will be paid for the remainder of that school year only. Should the rate of pay in the new region be higher, the higher rate will apply.

9. The salary to be paid to employees in the Teacher Aides Sub-group shall be the rate in the scale for the appropriate region.



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Appendix "B"

Workforce Adjustment

Table of Contents


General

Application

This Appendix applies to all employees. Unless explicitly specified, the provisions contained in Parts I to VI do not apply to alternative delivery initiatives.

Collective Agreement

With the exception of those provisions for which the Public Service Commission (PSC) is responsible, this Appendix is part of this Agreement.

Notwithstanding the Job Security Article, in the event of conflict between the present Workforce Adjustment Appendix and that Article, the present Workforce Adjustment Appendix will take precedence.

Objectives

It is the policy of the Employer to maximize employment opportunities for indeterminate employees affected by workforce adjustment situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.

To this end, every indeterminate employee whose services will no longer be required because of a workforce adjustment situation and for whom the deputy head knows or can predict that employment will be available will receive a guarantee of a reasonable job offer within the Core Public Administration. Those employees for whom the deputy head cannot provide the guarantee will have access to transitional employment arrangements (as per Parts VI and VII).

Definitions

Accelerated lay-off
(mise en disponibilité accélérée)—occurs when a surplus employee makes a request to the deputy head, in writing, to be laid off at an earlier date than that originally scheduled, and the deputy head concurs. Lay-off entitlements begin on the actual date of lay-off.
Affected employee
(employé-e touché)—is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of a workforce adjustment situation.
Alternation
(échange de postes)—occurs when an opting employee (not a surplus employee) who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration with a transition support measure or with an education allowance.
Alternative delivery initiative
(diversification des modes de prestation des services)—is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.
Appointing department or organization
(ministère ou organisation d'accueil)—is a department or organization which has agreed to appoint or consider for appointment (either immediately or after retraining) a surplus or a laid-off person.
Core Public Administration
(Administration publique centrale)—means that part of the public service in or under any department or organization, or other portion of the federal public administration specified in Schedules I and IV to the Financial Administration Act (FAA) for which the PSC has the sole authority to appoint.
Deputy head
(administrateur général)—has the same meaning as in the definition of "deputy head" set out in section 2 of the Public Service Employment Act, and also means his or her official designate.
Education allowance
(indemnité d'études)—is one of the options provided to an indeterminate employee affected by normal workforce adjustment for whom the deputy head cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B), plus a reimbursement of tuition from a recognized learning institution and book and mandatory equipment costs, up to a maximum of ten thousand dollars ($10000).
Guarantee of a reasonable job offer
(garantie d'une offre d'emploi raisonnable)—is a guarantee of an offer of indeterminate employment within the Core Public Administration provided by the deputy head to an indeterminate employee who is affected by workforce adjustment. Deputy heads will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict that employment will be available in the Core Public Administration. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of this Appendix.
Home department or organization
(ministère ou organisation d'attache)—is a department or organization declaring an individual employee surplus.
Laid-off person
(personne mise en disponibilité)—is a person who has been laid off pursuant to subsection 64(1) of the PSEA and who still retains an appointment priority under subsection 41(4) and section 64 of the PSEA.
Lay-off notice
(avis de mise en disponibilité)—is a written notice of lay-off to be given to a surplus employee at least one (1) month before the scheduled lay-off date. This period is included in the surplus period.
Lay-off priority
(priorité de mise en disponibilité)—a person who has been laid off is entitled to a priority, in accordance with subsection 41(5) of the PSEA with respect to any position to which the PSC is satisfied that the person meets the essential qualifications; the period of entitlement to this priority is one (1) year as set out in Section 11 of the PSER.
Opting employee
(employé-e optant)—is an indeterminate employee whose services will no longer be required because of a workforce adjustment situation, who has not received a guarantee of a reasonable job offer from the deputy head and who has one hundred and twenty (120) days to consider the options in section 6.3 of this Appendix.
Organization
(organisation)—Any Board, Agency, Commission or other body, specified in Schedules I and IV of the Financial Administration Act (FAA), that is not a department.
Pay
(rémunération)—has the same meaning as "rate of pay" in this Agreement.
Priority Information Management System
(système de gestion de l'information sur les priorités)—is a system designed by the PSC to facilitate appointments of individuals entitled to statutory and regulatory priorities.
Reasonable job offer
(offre d'emploi raisonnable)—is an offer of indeterminate employment within the Core Public Administration, normally at an equivalent level, but which could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the Travel Directive. In alternative delivery situations, a reasonable offer is one that meets the criteria set out under Type 1 and Type 2 in Part VII of this Appendix. A reasonable job offer is also an offer from a FAA Schedule V employer, providing that:
  1. The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.
  2. It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.
Reinstatement priority
(priorité de réintégration)—is an entitlement provided to surplus employees and laid-off persons who are appointed or deployed to a position in the federal public administration at a lower level. As per section 10 of the PSER, the entitlement lasts for one (1) year.
Relocation
(réinstallation)—is the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty located beyond what, according to local custom, is a normal commuting distance.
Relocation of work unit
(réinstallation d'une unité de travail)—is the authorized move of a work unit of any size to a place of duty located beyond what, according to local custom, is normal commuting distance from the former work location and from the employee's current residence.
Retraining
(recyclage)—is on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the Core Public Administration.
Surplus employee
(employé-e excédentaire)—is an indeterminate employee who has been formally declared surplus, in writing, by his or her deputy head.
Surplus priority
(priorité d'employé-e excédentaire)—is an entitlement for a priority in appointment accorded in accordance with section 5 of the PSER and pursuant to section 40 of the PSEA; this entitlement is provided to surplus employees to be appointed in priority to another position in the federal public administration for which they meet the essential requirements.
Surplus status
(statut d'employé-e excédentaire)—An indeterminate employee has surplus status from the date he or she is declared surplus until the date of lay-off, until he or she is indeterminately appointed to another position, until his or her surplus status is rescinded, or until the person resigns.
Transition support measure
(mesure de soutien à la transition)—is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer. The transition support measure is a cash payment based on the employee's years of continuous employment, as per Annex B.
Twelve (12) month surplus priority period in which to secure a reasonable job offer
(priorité d'employé-e excédentaire d'une durée de douze (12) mois pour trouver une offre d'emploi raisonnable)—is one of the options provided to an opting employee for whom the deputy head cannot guarantee a reasonable job offer.
Workforce adjustment
(réaménagement des effectifs)—is a situation that occurs when a deputy head decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to participate or an alternative delivery initiative.

Authorities

The PSC has endorsed those portions of this Appendix for which it has responsibility.

Monitoring

Departments or organizations shall retain central information on all cases occurring under this Appendix, including the reasons for the action; the number, occupational groups and levels of employees concerned; the dates of notice given; the number of employees placed without retraining; the number of employees retrained (including number of salary months used in such training); the levels of positions to which employees are appointed and the cost of any salary protection; and the number, types and amounts of lump sums paid to employees.

This information will be used by the Treasury Board Secretariat to carry out its periodic audits.

References

The primary references for the subject of workforce adjustment are as follows:

Enquiries

Enquiries about this Appendix should be referred to the Alliance or to the responsible officers in departmental or organizational headquarters.

Responsible officers in departmental or organizational headquarters may, in turn, direct questions regarding the application of this Appendix to the Senior Director, Excluded Groups and Administrative Policies, Labour Relations and Compensation Operations, Treasury Board Secretariat.

Enquiries by employees pertaining to entitlements to a priority in appointment or to their status in relation to the priority appointment process should be directed to their departmental or organizational human resource advisors or to the Priority Advisor of the PSC responsible for their case.

Part I
Roles and responsibilities

1.1 Departments or Organizations

1.1.1 Since indeterminate employees who are affected by workforce adjustment situations are not themselves responsible for such situations, it is the responsibility of departments or organizations to ensure that they are treated equitably and, whenever possible, given every reasonable opportunity to continue their careers as public service employees.

1.1.2 Departments or organizations shall carry out effective human resource planning to minimize the impact of workforce adjustment situations on indeterminate employees, on the department or organization, and on the public service.

1.1.3 Departments or organizations shall establish workforce adjustment committees, where appropriate, to manage the workforce adjustment situations within the department or organization.

1.1.4 Departments or organizations shall, as the home department or organization, cooperate with the PSC and appointing departments or organizations in joint efforts to redeploy departmental or organizational surplus employees and laid-off persons.

1.1.5 Departments or organizations shall establish systems to facilitate redeployment or retraining of their affected employees, surplus employees, and laid-off persons.

1.1.6 When a deputy head determines that the services of an employee are no longer required beyond a specified date due to lack of work or discontinuance of a function, the deputy head shall advise the employee, in writing, that his or her services will no longer be required.

Such a communication shall also indicate if the employee:

  1. is being provided with a guarantee from the deputy head that a reasonable job offer will be forthcoming and that the employee will have surplus status from that date on;
    or
  2. is an opting employee and has access to the options set out in section 6.3 of this Appendix because the employee is not in receipt of a guarantee of a reasonable job offer from the deputy head.

Where applicable, the communication should also provide the information relative to the employee's possible lay-off date.

1.1.7 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those employees subject to workforce adjustment for whom they know or can predict that employment will be available in the Core Public Administration.

1.1.8 Where a deputy head cannot provide a guarantee of a reasonable job offer, the deputy head will provide one hundred and twenty (120) days to consider the three options outlined in Part VI of this Appendix to all opting employees before a decision is required of them. If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer.

1.1.9 The deputy head shall make a determination to provide either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix upon request by any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.

1.1.10 Departments or organizations shall send written notice to the PSC of an employee's surplus status, and shall send to the PSC such details, forms, resumes, and other material as the PSC may from time to time prescribe as necessary for it to discharge its function.

1.1.11 Departments or organizations shall advise and consult with the Alliance representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process and will make available to the Alliance the name and work location of affected employees.

1.1.12 The home department or organization shall provide the PSC with a statement that it would be prepared to appoint the surplus employee to a suitable position in the department or organization commensurate with his or her qualifications if such a position were available.

1.1.13 Departments or organizations shall provide the employee with the official notification that he or she has become subject to a workforce adjustment and shall remind the employee that Appendix D, Workforce Adjustment, of this Agreement applies.

1.1.14 Deputy heads shall apply this Appendix so as to keep actual involuntary lay-offs to a minimum, and a lay-off shall normally occur only when an individual has refused a reasonable job offer, is not mobile, cannot be retrained within two (2) years, or is laid off at his or her own request.

1.1.15 Departments or organizations are responsible for counselling and advising their affected employees on their opportunities for finding continuing employment in the public service.

1.1.16 Appointment of surplus employees to alternative positions with or without retraining shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. Departments or organizations shall avoid appointment to a lower level except where all other avenues have been exhausted.

1.1.17 Home departments or organizations shall appoint as many of their own surplus employees or laid-off persons as possible or identify alternative positions (both actual and anticipated) for which individuals can be retrained.

1.1.18 Home departments or organizations shall relocate surplus employees and laid-off individuals, if necessary.

1.1.19 Relocation of surplus employees or laid-off persons shall be undertaken when the individuals indicate that they are willing to relocate and relocation will enable their redeployment or reappointment, provided that:

  1. there are no available priority persons, or priority persons with a higher priority, qualified and interested in the position being filled;
    or
  2. there are no available local surplus employees or laid-off persons who are interested and who could qualify with retraining.

1.1.20 The cost of travelling to interviews for possible appointments and of relocation to the new location shall be borne by the employee's home department or organization. Such cost shall be consistent with the Travel Directive and NJC Integrated Relocation Directive.

1.1.21 For the purposes of the NJC Integrated Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on employer-requested relocations. The general rule on minimum distances for relocation applies.

1.1.22 For the purposes of the Travel Directive, a laid-off persons travelling to interviews for possible reappointment to the Core Public Administration are deemed to be a "traveller" as defined in the Travel Directive.

1.1.23 For the surplus and/or lay-off priority periods, home departments or organizations shall pay the salary, salary protection and/or termination costs as well as other authorized costs such as tuition, travel, relocation and retraining for surplus employees and laid-off persons, as provided for in this Agreement and the various directives unless the appointing department or organization is willing to absorb these costs in whole or in part.

1.1.24 Where a surplus employee is appointed by another department or organization to a term position, the home department or organization is responsible for the costs above for one (1) year from the date of such appointment, unless the home department or organization agree to a longer period, after which the appointing department or organization becomes the new home department or organization consistent with PSC authorities.

1.1.25 Departments or organizations shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.

1.1.26 Departments or organizations shall inform the PSC in a timely fashion, and in a method directed by the PSC, of the results of all referrals made to them under this Appendix.

1.1.27 Departments or organizations shall review the use of private temporary agency personnel, consultants, contractors, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, departments or organizations shall refrain from re-engaging such temporary agency personnel, consultants or contractors or renewing the employment of such employees referred to above where this will facilitate the appointment of surplus employees or laid-off persons.

1.1.28 Nothing in the foregoing shall restrict the Employer's right to engage or appoint persons to meet short-term, non-recurring requirements. Surplus and laid-off persons shall be given priority even for these short-term work opportunities.

1.1.29 Departments or organizations may lay off an employee at a date earlier than originally scheduled when the surplus employee so requests in writing.

1.1.30 Departments or organizations acting as appointing departments or organizations shall cooperate with the PSC and other departments or organizations in accepting, to the extent possible, affected, surplus and laid-off persons from other departments or organizations for appointment or retraining.

1.1.31 Departments or organizations shall provide surplus employees with a lay-off notice at least one (1) month before the proposed lay-off date if appointment efforts have been unsuccessful.

1.1.32 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one (1) month after the refusal, but not before six (6) months have elapsed since the surplus declaration date. The provisions of Annex C of this Appendix shall continue to apply.

1.1.33 Departments or organizations are to presume that each employee wishes to be redeployed unless the employee indicates the contrary in writing.

1.1.34 Departments or organizations shall inform and counsel affected and surplus employees as early and as completely as possible and, in addition, shall assign a counsellor to each opting and surplus employee and laid-off person, to work with him or her throughout the process. Such counselling is to include explanations and assistance concerning:

  1. the workforce adjustment situation and its effect on that individual;
  2. the Workforce Adjustment Appendix;
  3. the PSC's Priority Information Management System and how it works from the employee's perspective;
  4. preparation of a curriculum vitae or resumé;
  5. the employee's rights and obligations;
  6. the employee's current situation (e.g. pay, benefits such as severance pay and superannuation, classification, language rights, years of service);
  7. alternatives that might be available to the employee (alternation, appointment, relocation, retraining, lower-level employment, term employment, retirement including the possibility of waiver of penalty if entitled to an annual allowance, transition support measure, education allowance, pay in lieu of unfulfilled surplus period, resignation, accelerated lay-off);
  8. the likelihood that the employee will be successfully appointed;
  9. the meaning of a guarantee of a reasonable job offer, a twelve (12) month surplus priority period in which to secure a reasonable job offer, a transition support measure and an education allowance;
  10. the Human Resources Centres and their services (including a recommendation that the employee register with the nearest office as soon as possible);
  11. preparation for interviews with prospective employers;
  12. feedback when an employee is not offered a position for which he or she was referred;
  13. repeat counselling as long as the individual is entitled to a staffing priority and has not been appointed;
    and
  14. advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity.

1.1.35 The home departments or organizations shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by it, the employee and the appointing department or organization.

1.1.36 Severance pay and other benefits flowing from other clauses in this Agreement are separate from and in addition to those in this Appendix.

1.1.37 Any surplus employee who resigns under this Appendix shall be deemed, for purposes of severance pay and retroactive remuneration, to be involuntarily laid off as of the day on which the deputy head accepts in writing the employee's resignation.

**

1.1.38 The department or organization will review the status of each affected employee annually, or earlier, from the date of initial notification of affected status and determine whether the employee will remain on affected status or not.

1.1.39 The department or organization will notify the affected employee' in writing, within five (5) working days of the decision pursuant to subsection 1.1.38.

1.2 Treasury Board Secretariat

1.2.1 It is the responsibility of the Treasury Board Secretariat to:

  1. investigate and seek to resolve situations referred by the PSC or other parties;
  2. consider departmental or organizational requests for retraining resources.
    and
  3. ensure that departments or organizations are provided to the extent possible with information on occupations for which there are skill shortages.

1.3 Public Service Commission

1.3.1 Within the context of work force adjustment, and the Public Service Commission's (PSC) governing legislation, it is the responsibility of the PSC to:

  1. ensure that priority entitlements are respected;
  2. ensure that a means exists for priority persons to be assessed against vacant positions and appointed if found qualified against the essential qualifications of the position; and
  3. ensure that priority persons are provided with information on their priority entitlements.

1.3.2 The PSC will, in accordance with the Privacy Act:

  1. provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' level of compliance with this directive, and;
  2. provide information to the bargaining agents on the numbers and status of their members in the Priority Information Management System, as well as information on the overall system.

1.3.3 The PSC's roles and responsibilities flow from its governing legislation, not the collective agreement. As such, any changes made to these roles/responsibilities must be agreed upon by the Commission. For greater detail on the PSC's role in administering surplus and lay-off priority entitlements, refer to Annex C of this Appendix.

1.4 Employees

1.4.1 Employees have the right to be represented by the Alliance in the application of this Appendix.

1.4.2 Employees who are directly affected by workforce adjustment situations and who receive a guarantee of a reasonable job offer or opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:

  1. actively seeking alternative employment in cooperation with their departments or organizations and the PSC, unless they have advised the department or organization and the PSC, in writing, that they are not available for appointment;
  2. seeking information about their entitlements and obligations;
  3. providing timely information (including curricula vitae or resumés) to the home department or organization and to the PSC to assist them in their appointment activities;
  4. ensuring that they can be easily contacted by the PSC and appointing departments or organizations, and attending appointments related to referrals;
  5. seriously considering job opportunities presented to them (referrals within the home department or organization, referrals from the PSC, and job offers made by departments or organizations), including retraining and relocation possibilities, specified period appointments and lower-level appointments.

1.4.3 Opting employees are responsible for:

  1. considering the options in Part VI of this Appendix;
  2. communicating their choice of options, in writing, to their manager no later than one hundred and twenty (120) days after being declared opting.

Part II
Official Notification

2.1 Department or Organization

2.1.1 As already mentioned in 1.1.11, departments or organizations shall advise and consult with the bargaining agent representatives as completely as possible regarding any workforce adjustment situation as soon as possible after the decision has been made and throughout the process, and will make available to the bargaining agent the name and work location of affected employees.

2.1.2 In any workforce adjustment situation which is likely to involve ten (10) or more indeterminate employees covered by this Appendix, the department or organizations concerned shall notify the Treasury Board Secretariat, in confidence, at the earliest possible date and under no circumstances less than four (4) working days before the situation is announced.

2.1.3 Prior to notifying any potentially affected employee, departments or organizations shall also notify the Chief Executive Officer of the Alliance. Such notification is to be in writing, in confidence and at the earliest possible date and under no circumstances less than two (2) working days before any employee is notified of the workforce adjustment situation.

2.1.4 Such notification will include the identity and location of the work unit(s) involved, the expected date of the announcement, the anticipated timing of the workforce adjustment situation and the number, group and level of the employees who are likely to be affected by the decision.

Part III
Relocation of a Work Unit

3.1 General

3.1.1 In cases where a work unit is to be relocated, departments or organizations shall provide all employees whose positions are to be relocated with the opportunity to choose whether they wish to move with the position or be treated as if they were subject to a workforce adjustment situation.

3.1.2 Following written notification, employees must indicate, within a period of six (6) months, their intention to move. If the employee's intention is not to move with the relocated position, the deputy head can provide the employee with either a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.

3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.18 to 1.1.22.

3.1.4 Although departments or organizations will endeavour to respect employee location preferences, nothing precludes the department or organization from offering a relocated position to an employee in receipt of a guarantee of a reasonable job offer from his or her deputy head, after having spent as much time as operations permit looking for a reasonable job offer in the employee's location preference area.

3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the options in Part VI of this Appendix.

Part IV
Retraining

4.1 General

4.1.1 To facilitate the redeployment of affected employees, surplus employees and laid-off persons, departments or organizations shall make every reasonable effort to retrain such persons for:

  1. existing vacancies;
    or
  2. anticipated vacancies identified by management.

4.1.2 It is the responsibility of the employee, home department or organization and appointing department or organization to identify retraining opportunities pursuant to subsection 4.1.1.

4.1.3 When a retraining opportunity has been identified, the deputy head of the home department or organization shall approve up to two (2) years of retraining.

4.2 Surplus Employees

4.2.1 A surplus employee is eligible for retraining, provided that:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies in occupations or locations where there is a shortage of qualified candidates;
    and
  2. there are no other available priority persons who qualify for the position.

4.2.2 The home department or organization is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the delegated officers of the home and appointing departments or organization. The home department or organization is responsible for informing the employee in a timely fashion if a retraining proposal submitted by the employee is not approved. Upon request of the employee, feedback regarding

4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to satisfactory performance by the employee.

4.2.4 While on retraining, a surplus employee continues to be employed by the home department or organization and is entitled to be paid in accordance with his or her current appointment unless the appointing department or organization is willing to appoint the employee indeterminately, on condition of successful completion of retraining, in which case the retraining plan shall be included in the letter of offer.

4.2.5 When a retraining plan has been approved and the surplus employee continues to be employed by the home department or organization, the proposed lay-off date shall be extended to the end of the retraining period, subject to 4.2.3.

4.2.6 An employee unsuccessful in retraining may be laid off at the end of the surplus period if the Employer has been unsuccessful in making the employee a reasonable job offer.

4.2.7 In addition to all other rights and benefits granted pursuant to this section, an employee who is guaranteed a reasonable job offer is also guaranteed, subject to the employee's willingness to relocate, training to prepare the surplus employee for appointment to a position pursuant to 4.1.1, such training to continue for one (1) year or until the date of appointment to another position, whichever comes first. Appointment to this position is subject to successful completion of the training.

4.3 Laid-off Persons

4.3.1 A laid-off person shall be eligible for retraining, provided that:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position;
  2. the individual meets the minimum requirements set out in the relevant selection standard for appointment to the group concerned;
  3. there are no other available persons with priority who qualify for the position;
    and
  4. the appointing department or organization cannot justify a decision not to retrain the individual.

4.3.2 When an individual is offered an appointment conditional on successful completion of retraining, a retraining plan shall be included in the letter of offer. If the individual accepts the conditional offer, he or she will be appointed on an indeterminate basis to the full level of the position after having successfully completed training and being assessed as qualified for the position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid off, the employee will be salary-protected in accordance with Part V.

Part V
Salary Protection

5.1 Lower-Level Position

5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this Agreement or, in the absence of such provisions, the appropriate provisions of the Regulations Respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to 5.1.1 will continue to benefit from salary protection until such time as they are appointed or deployed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid off.

Part VI
Options for Employees

6.1 General

6.1.1 Deputy heads will be expected to provide a guarantee of a reasonable job offer for those affected employees for whom they know or can predict that employment will be available. A deputy head who cannot provide such a guarantee shall provide his or her reasons in writing, if so requested by the employee. Employees in receipt of this guarantee will not have access to the choice of options below.

6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from their deputy head have one hundred and twenty (120) days to consider the three options below before a decision is required of them.

6.1.3 The opting employee must choose, in writing, one (1) of the three (3) options of section 6.3 of this Appendix within the one hundred and twenty (120) day window. The employee cannot change options once he or she has made a written choice.

6.1.4 If the employee fails to select an option, the employee will be deemed to have selected Option (a), twelve (12) month surplus priority period in which to secure a reasonable job offer, at the end of the one hundred and twenty (120) day window.

6.1.5 If a reasonable job offer which does not require relocation is made at any time during the one hundred and twenty (120) day opting period and prior to the written acceptance of the transition support measure (TSM) or education allowance option, the employee is ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the education allowance.

6.2 Alternation

6.2.1 All departments or organizations must participate in the alternation process.

6.2.2 An alternation occurs when an opting employee who wishes to remain in the Core Public Administration exchanges positions with a non-affected employee (the alternate) willing to leave the Core Public Administration under the terms of Part VI of this Appendix.

6.2.3 Only an opting employee, not a surplus one, may alternate into an indeterminate position that remains in the Core Public Administration.

6.2.4 An indeterminate employee wishing to leave the Core Public Administration may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation is likely to result in retention of the skills required to meet the ongoing needs of the position and the Core Public Administration.

6.2.5 An alternation must permanently eliminate a function or a position.

6.2.6 The opting employee moving into the unaffected position must meet the requirements of the position, including language requirements. The alternate moving into the opting position must meet the requirements of the position except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.

6.2.7 An alternation should normally occur between employees at the same group and level. When the two (2) positions are not in the same group and at the same level, alternation can still occur when the positions can be considered equivalent. They are considered equivalent when the maximum rate of pay for the higher paid position is no more than six-per-cent (6%) higher than the maximum rate of pay for the lower-paid position.

6.2.8 An alternation must occur on a given date, that is, the two (2) employees must directly exchange positions on the same day. There is no provision in alternation for a "domino" effect or for "future considerations."

6.3 Options

6.3.1 Only opting employees who are not in receipt of the guarantee of a reasonable job offer from the deputy head will have access to the choice of options below:

    1. Twelve (12) month surplus priority period in which to secure a reasonable job offer. It is time-limited. Should a reasonable job offer not be made within a period of twelve (12) months, the employee will be laid off in accordance with the Public Service Employment Act. Employees who choose or are deemed to have chosen this option are surplus employees.
    2. At the request of the employee, this twelve (12) month surplus priority period shall be extended by the unused portion of the one hundred and twenty (120) day opting period referred to in 6.1.2 which remains once the employee has selected in writing Option (a).
    3. When a surplus employee who has chosen or is deemed to have chosen Option (a) offers to resign before the end of the twelve (12) month surplus priority period, the deputy head may authorize a lump-sum payment equal to the surplus employee's regular pay for the balance of the surplus period, up to a maximum of six (6) months. The amount of the lump-sum payment for the pay in lieu cannot exceed the maximum of what he or she would have received had he or she chosen Option (b), the transition support measure.
    4. Departments or organizations will make every reasonable effort to market a surplus employee within the employee's surplus period within his or her preferred area of mobility.
    or
  1. Transition support measure (TSM) is a cash payment, based on the employee's years of service in the public service (see Annex B), made to an opting employee. Employees choosing this option must resign but will be considered to be laid off for purposes of severance pay.
    or
  2. Education allowance is a transition support measure (see Option (b) above) plus an amount of not more than ten thousand dollars ($10,000) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and mandatory equipment. Employees choosing Option (c) could either:
    1. resign from the Core Public Administration but be considered to be laid off for severance pay purposes on the date of their departure;
      or
    2. delay their departure date and go on leave without pay for a maximum period of two (2) years while attending the learning institution. The TSM shall be paid in one (1) or two (2) lump-sum amounts over a maximum two (2)-year period. During this period, employees could continue to be public service benefit plan members and contribute both employer and employee shares to the benefits plans and the Public Service Superannuation Plan. At the end of the two (2)-year leave without pay period, unless the employee has found alternative employment in the Core Public Administration, the employee will be laid off in accordance with the Public Service Employment Act.

6.3.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.

6.3.3 The TSM, pay in lieu of unfulfilled surplus period, and the education allowance cannot be combined with any other payment under the Workforce Adjustment Appendix.

6.3.4 In cases of pay in lieu of unfulfilled surplus period, Option (b) and Option (c)(i), the employee relinquishes any priority rights for reappointment upon the Employer's acceptance of his or her resignation.

6.3.5 Employees choosing Option (c)(ii) who have not provided their department or organization with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the Core Public Administration and be considered to be laid off for purposes of severance pay.

6.3.6 All opting employees will be entitled to up to six hundred dollars ($600) towards counselling services in respect of their potential re-employment or retirement. Such counselling services may include financial and job placement counselling services.

6.3.7 An opting employee who has received a TSM, pay in lieu of unfulfilled surplus period, or an education allowance, and is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the TSM or education allowance was paid.

6.3.8 Notwithstanding 6.3.7, an opting employee who has received an education allowance will not be required to reimburse tuition expenses and costs of books and mandatory equipment for which he or she cannot get a refund.

6.3.9 The deputy head shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee's work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during that period.

6.3.10 If a surplus employee who has chosen or is deemed to have chosen Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.

6.3.11 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.

6.4 Retention Payment

6.4.1 There are three (3) situations in which an employee may be eligible to receive a retention payment. These are total facility closures, relocation of work units and alternative delivery initiatives.

6.4.2 All employees accepting retention payments must agree to leave the Core Public Administration without priority rights.

6.4.3 An individual who has received a retention payment and, as applicable, either is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or is hired by the new employer within the six (6) months immediately following his or her resignation shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of such reappointment or hiring to the end of the original period for which the lump sum was paid.

6.4.4 The provisions of 6.4.5 shall apply in total facility closures where public service jobs are to cease and:

  1. such jobs are in remote areas of the country;
    or
  2. retraining and relocation costs are prohibitive;
    or
  3. prospects of reasonable alternative local employment (whether within or outside the Core Public Administration) are poor.

6.4.5 Subject to 6.4.4, the deputy head shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the Core Public Administration to take effect on that closure date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation ceases, provided the employee has not separated prematurely.

6.4.6 The provisions of 6.4.7 shall apply in relocation of work units where Core Public Administration work units:

  1. are being relocated;
    and
  2. the deputy head of the home department or organization decides that, in comparison to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of workplace relocation;
    and
  3. the employee has opted not to relocate with the function.

6.4.7 Subject to 6.4.6, the deputy head shall pay to each employee who is asked to remain until the relocation of the work unit and who offers a resignation from the Core Public Administration to take effect on the relocation date, a sum equivalent to six (6) months' pay payable on the day on which the departmental or organizational operation relocates, provided the employee has not separated prematurely.

6.4.8 The provisions of 6.4.9 shall apply in alternative delivery initiatives:

  1. where the Core Public Administration work units are affected by alternative delivery initiatives;
  2. when the deputy head of the home department or organization decides that, compared to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of the transfer to the new employer
    and
  3. where the employee has not received a job offer from the new employer or has received an offer and did not accept it.

6.4.9 Subject to 6.4.8, the deputy head shall pay to each employee who is asked to remain until the transfer date and who offers a resignation from the Core Public Administration to take effect on the transfer date, a sum equivalent to six (6) months' pay payable upon the transfer date, provided the employee has not separated prematurely.

Part VII
Special Provisions Regarding
Alternative Delivery Initiatives

Preamble

The administration of the provisions of this Part will be guided by the following principles:

  1. fair and reasonable treatment of employees;
  2. value for money and affordability;
    and
  3. maximization of employment opportunities for employees.

7.1 Definitions

For the purposes of this part, an alternative delivery initiative (diversification des modes de prestation des services) is the transfer of any work, undertaking or business of the Core Public Administration to any body or corporation that is a separate agency or that is outside the Core Public Administration.

For the purposes of this part, a reasonable job offer (offre d'emploi raisonnable) is an offer of employment received from a new employer in the case of a Type 1 or Type 2 transitional employment arrangement, as determined in accordance with 7.2.2.

For the purposes of this part, a termination of employment (licenciement de l'employé-e) is the termination of employment referred to in paragraph 12(1)(f.1) of the Financial Administration Act.

7.2 General

Departments or organizations will, as soon as possible after the decision is made to proceed with an alternative delivery initiative (ADI), and if possible, not less than one hundred and eighty (180) days prior to the date of transfer, provide notice to the Alliance component(s) of its intention.

The notice to the Alliance component(s) will include:

  1. the program being considered for ADI;
  2. the reason for the ADI;
    and
  3. the type of approach anticipated for the initiative.

A joint Work Force Adjustment-Alternative Delivery Initiative (WFA-ADI) committee will be created for ADI and will have equal representation from the department or organization and the component(s). By mutual agreement, the committee may include other participants. The joint WFA-ADI committee will define the rules of conduct of the committee.

In cases of ADI, the parties will establish a joint WFA-ADI committee to conduct meaningful consultation on the human resources issues related to the ADI in order to provide information to the employee which will assist him or her in deciding on whether or not to accept the job offer.

1. Commercialization

In cases of commercialization where tendering will be part of the process, the members of the joint WFA-ADI committee shall make every reasonable effort to come to an agreement on the criteria related to human resources issues (e.g. terms and conditions of employment, pension and health care benefits, the take-up number of employees) to be included in the request for proposal process. The committee will respect the contracting rules of the federal government.

2. Creation of a New Agency

In cases of the creation of new agencies, the members of the joint WFA-ADI committee shall make every reasonable effort to agree on common recommendations related to human resources issues (e.g. terms and conditions of employment, pension, and health care benefits) that should be available at the date of transfer.

3. Transfer to Existing Employers

In all other ADI where an employer-employee relationship already exists, the parties will hold meaningful consultations to clarify the terms and conditions that will apply upon transfer.

In cases of commercialization and the creation of new agencies, consultation opportunities will be given to the component(s); however, in the event that agreements are not possible, the department may still proceed with the transfer.

7.2.1 The provisions of this Part apply only in the case of alternative delivery initiatives and are in exception to other provisions of this Appendix. Employees who are affected by alternative delivery initiatives and who receive job offers from the new employer shall be treated in accordance with the provisions of this Part, and only where specifically indicated will other provisions of this Appendix apply to them.

7.2.2 There are three (3) types of transitional employment arrangements resulting from alternative delivery initiatives:

  1. Type 1—Full Continuity
    Type-1 arrangements meet all of the following criteria:
    1. legislated successor rights apply; specific conditions for successor rights applications will be determined by the labour legislation governing the new employer;
    2. the Public Service Terms and Conditions of Employment Regulations, the terms of the collective agreement referred to therein and/or the applicable compensation plan will continue to apply to unrepresented and excluded employees until modified by the new employer or by the PSLRB pursuant to a successor rights application;
    3. recognition of continuous employment, as defined in the Public Service Terms and Conditions of Employment Regulations, for purposes of determining the employee's entitlements under the collective agreement continued due to the application of successor rights;
    4. pension arrangements according to the Statement of Pension Principles set out in Annex A or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump sum to employees pursuant to 7.7.3;
    5. transitional employment guarantee: a two (2)-year minimum employment guarantee with the new employer;
    6. coverage in each of the following core benefits: health benefits, long-term disability insurance (LTDI) and dental plan;
    7. short-term disability bridging: recognition of the employee's earned but unused sick leave credits up to the maximum of the new employer's LTDI waiting period.
  2. Type 2—Substantial Continuity
    Type-2 arrangements meet all of the following criteria:
    1. the average new hourly salary offered by the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five per cent (85%) or greater of the group's current federal hourly remuneration (= pay + equal pay adjustments + supervisory differential) when the hours of work are the same;
    2. the average annual salary of the new employer (= rate of pay + equal pay adjustments + supervisory differential) for the group moving is eighty-five per cent (85%) or greater of federal annual remuneration (= per cent or greater of federal annual remuneration (= pay + equal pay adjustments + supervisory differential) when the hours of work are different;
    3. pension arrangements according to the Statement of Pension Principles as set out in Annex A or, in cases where the test of reasonableness set out in that Statement is not met, payment of a lump sum to employees pursuant to 7.7.3;
    4. transitional employment guarantee: employment tenure equivalent to that of the permanent workforce in receiving organizations or a two (2)-year minimum employment guarantee;
    5. coverage in each area of the following core benefits: health benefits, long-term disability insurance (LTDI) and dental plan;
    6. short-term disability arrangement.
  3. Type 3—Lesser Continuity
    A Type-3 arrangement is any alternative delivery initiative that does not meet the criteria applying in Type-1 and Type-2 transitional employment arrangements.

7.2.3 For Type-1 and Type-2 transitional employment arrangements, the offer of employment from the new employer will be deemed to constitute a reasonable job offer for purposes of this Part.

7.2.4 For Type-3 transitional employment arrangements, an offer of employment from the new employer will not be deemed to constitute a reasonable job offer for purposes of this Part.

7.3 Responsibilities

7.3.1 Deputy heads will be responsible for deciding, after considering the criteria set out above, which of the types applies in the case of particular alternative delivery initiatives.

7.3.2 Employees directly affected by alternative delivery initiatives are responsible for seriously considering job offers made by new employers and advising the home department or organization of their decision within the allowed period.

7.4 Notice of Alternative Delivery Initiatives

7.4.1 Where alternative delivery initiatives are being undertaken, departments or organizations shall provide written notice to all employees offered employment by the new employer, giving them the opportunity to choose whether or not they wish to accept the offer.

7.4.2 Following written notification, employees must indicate within a period of sixty (60) days their intention to accept the employment offer, except in the case of Type-3 arrangements, where home departments or organizations may specify a period shorter than sixty (60) days, but not less than thirty (30) days.

7.5 Job Offers From New Employers

7.5.1 Employees subject to this Appendix (see Application) and who do not accept the reasonable job offer from the new employer in the case of Type-1 or Type-2 transitional employment arrangements will be given four (4) months' notice of termination of employment and their employment will be terminated at the end of that period or on a mutually agreed-upon date before the end of the four (4)-month notice period, except where the employee was unaware of the offer or incapable of indicating an acceptance of the offer .

7.5.2 The deputy head may extend the notice-of-termination period for operational reasons, but no such extended period may end later than the date of the transfer to the new employer.

7.5.3 Employees who do not accept a job offer from the new employer in the case of Type-3 transitional employment arrangements may be declared opting or surplus by the deputy head in accordance with the provisions of the other parts of this Appendix. .

7.5.4 Employees who accept a job offer from the new employer in the case of any alternative delivery initiative will have their employment terminated on the date on which the transfer becomes effective, or on another date that may be designated by the home department or organization for operational reasons, provided that this does not create a break in continuous service between the Core Public administration and the new employer.

7.6 Application of Other Provisions of the Appendix

7.6.1 For greater certainty, the provisions of Part II, Official Notification, and section 6.4, Retention Payment, will apply in the case of an employee who refuses an offer of employment in the case of a Type-1 or Type-2 transitional employment arrangement. A payment under section 6.4 may not be combined with a payment under the other section.

7.7 Lump-Sum Payments and Salary Top-up Allowances

7.7.1 Employees who are subject to this Appendix (see Application) and who accept the offer of employment from the new employer in the case of Type-2 transitional employment arrangements will receive a sum equivalent to three months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees an eighteen (18) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer. This allowance will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.2 In the case of individuals who accept an offer of employment from the new employer in the case of a Type-2 arrangement and whose new hourly or annual salary falls below eighty per cent (80%) of their former federal hourly or annual remuneration, departments or organizations will pay an additional six (6) months of salary top-up allowance for a total of twenty-four (24) months under this section and 7.7.1. The salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public administration position and the salary applicable to their position with the new employer will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.3 Employees who accept the reasonable job offer from the successor employer in the case of Type-1 or Type-2 transitional employment arrangements where the test of reasonableness referred to in the Statement of Pension Principles set out in Annex A is not met, that is, where the actuarial value (cost) of the new employer's pension arrangements is less than six decimal five per cent (6.5%) of pensionable payroll (excluding the employer's costs related to the administration of the plan), will receive a sum equivalent to three (3) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer.

7.7.4 Employees who accept an offer of employment from the new employer in the case of Type-3 transitional employment arrangements will receive a sum equivalent to six (6) months' pay, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The home department or organization will also pay these employees a twelve (12) month salary top-up allowance equivalent to the difference between the remuneration applicable to their Core Public Administration position and the salary applicable to their position with the new employer. The allowance will be paid as a lump sum, payable on the day on which the departmental or organizational work or function is transferred to the new employer. The total of the lump-sum payment and the salary top-up allowance provided under this section will not exceed an amount equivalent to one (1) year's pay.

7.7.5 For the purposes of 7.7.1, 7.7.2 and 7.7.4, the term "remuneration" includes and is limited to salary plus equal pay adjustments, if any, and supervisory differential, if any.

7.8 Reimbursement

7.8.1 An individual who receives a lump-sum payment and salary top-up allowance pursuant to 7.7.1, 7.7.2, 7.7.3 or 7.7.4 and who is reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act at any point during the period covered by the total of the lump-sum payment and salary top-up allowance, if any, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of reappointment to the end of the original period covered by the total of the lump-sum payment and salary top-up allowance, if any.

7.8.2 An individual who receives a lump-sum payment pursuant to 7.6.1 and, as applicable, is either reappointed to that portion of the Core Public Administration specified from time to time in Schedules I and IV of the Financial Administration Act or hired by the new employer at any point covered by the lump-sum payment, shall reimburse the Receiver General for Canada an amount corresponding to the period from the effective date of the reappointment or hiring to the end of the original period covered by the lump-sum payment.

7.9 Vacation Leave Credits and Severance Pay

7.9.1 Notwithstanding the provisions of this Agreement concerning vacation leave, an employee who accepts a job offer pursuant to this Part may choose not to be paid for earned but unused vacation leave credits, provided that the new employer will accept these credits.

7.9.2 Notwithstanding the provisions of this Agreement concerning severance pay, an employee who accepts a reasonable job offer pursuant to this Part will not be paid severance pay where successor rights apply and/or, in the case of a Type-2 transitional employment arrangement, when the new employer recognizes the employee's years of continuous employment in the public service for severance pay purposes and provides severance pay entitlements similar to the employee's severance pay entitlements at the time of the transfer.

**

However, an employee who has a severance termination benefit entitlement under the terms of article 24.05(b) or (c) shall be paid this entitlement at the time of transfer.

7.9.3 Where:

  1. the conditions set out in 7.9.2 are not met,
  2. the severance provisions of this Agreement are extracted from this Agreement prior to the date of transfer to another non-federal public sector employer,
  3. the employment of an employee is terminated pursuant to the terms of 7.5.1,
    or
  4. the employment of an employee who accepts a job offer from the new employer in a Type-3 transitional employment arrangement is terminated on the transfer of the function to the new employer,

the employee shall be deemed, for purposes of severance pay, to be involuntarily laid off on the day on which employment in the Core Public Administration terminates.


Annex A: Statement of Pension Principles

1. The new employer will have in place, or Her Majesty in right of Canada will require the new employer to put in place, reasonable pension arrangements for transferring employees. The test of "reasonableness" will be that the actuarial value (cost) of the new employer pension arrangements will be at least six decimal five per cent (6.5%) of pensionable payroll, which in the case of defined-benefit pension plans will be as determined by the Assessment Methodology dated October 7, 1997, developed by Towers Perrin for the Treasury Board. This assessment methodology will apply for the duration of this Agreement. Where there is no reasonable pension arrangement in place on the transfer date or no written undertaking by the new employer to put such reasonable pension arrangement in place effective on the transfer date, subject to the approval of Parliament and a written undertaking by the new employer to pay the employer costs, Public Service Superannuation Act (PSSA) coverage could be provided during a transitional period of up to a year.

2. Benefits in respect of service accrued to the point of transfer are to be fully protected.

3. Her Majesty in right of Canada will seek portability arrangements between the Public Service Superannuation Plan and the pension plan of the new employer where a portability arrangement does not yet exist. Furthermore, Her Majesty in right of Canada will seek authority to permit employees the option of counting their service with the new employer for vesting and benefit thresholds under the PSSA.


Annex B


Years of Service in the public service

0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

Transition Support Measure (TSM)
(Payment in weeks' pay)

10
22
24
26
28
30
32
34
36
38
40
42
44
46
48
50
52
52
52
52
52
52
52
52
52
52
52
52
52
52
49
46
43
40
37
34
31
28
25
22
19
16
13
10
07
04

For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of this Agreement.

Severance pay provisions of this Agreement are in addition to the TSM.


Annex C
Role of PSC in Administering Surplus and Lay-Off Priority Entitlements

1. The PSC will refer surplus employees and laid-off persons to positions, in all departments, organizations and agencies governed by the PSEA, for which they are potentially qualified for the essential qualifications, unless the individuals have advised the PSC and their home departments or organizations in writing that they are not available for appointment. The PSC will further ensure that entitlements are respected and that priority persons are fairly and properly assessed.

2. The PSC, acting in accordance with the Privacy Act, will provide the Treasury Board Secretariat with information related to the administration of priority entitlements which may reflect on departments' or organizations' and agencies' level of compliance with this Directive.

3. The PSC will provide surplus and laid-off individuals with information on their priority entitlements.

4. The PSC will, in accordance with the Privacy Act, provide information to bargaining agents on the numbers and status of their members who are in the Priority Administration System and, on a service-wide basis.

5. The PSC will ensure that a reinstatement priority is given to all employees who are appointed to a position at a lower level.

6. The PSC will, in accordance with the Privacy Act, provide information to the Employer, departments or organizations and/or bargaining agents on referrals of surplus employees and laid-off persons in order to ensure that the priority entitlements are respected.

Public Service Commission "Guide to the Priority Information Management System".


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Memoranda of Agreement

The following Appendices shall be effective on the date of signature and shall expire on June 30, 2014.

Signed at Ottawa this 1st day of the month of March 2011.

The Treasury Board of Canada

Hélène Laurendeau
John Park

The Public Service Alliance of Canada

Maria Fitzpatrick
Erna Post


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**Appendix "C"

Memorandum of Understanding
Between the Treasury Board of Canada
and
the Public Service Alliance of Canada
with Respect to Article 45.10 Hours of Work at Correctional Service of Canada

The parties agree to establish a joint committee comprised of equal representation that shall meet within sixty (60) days of the signing of the present agreement to review and decide upon hours of work, including appropriate preparation and administrative time (non-contact time) and rest periods, for 12-month ED-ESTs at Correctional Service of Canada. When an agreement is reached, it shall become effective immediately, and shall form part of the next collective agreement.

Time spent by the members of the committee shall be considered time worked. All other costs will be the responsibility of each party.


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Appendix "D"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Class Size and Class Size Related
Issues for INAC Schools

The parties adhere to the principle that as a profession Indian and Northern Affairs Canada (INAC) is required to adopt, at a minimum, the provincial standards for education that have been established under the relevant legislation and regulations applicable within the province in which the INAC schools are located.

The parties agree to the establishment of a Local Class Size Committee in each community where federal INAC schools are located.

The purpose of a Local Class Size Committee is to provide an annual opportunity for a committee of teachers from the school, or family of schools, to review the projected enrolment and the planned class placement of students by grade, or multi-graded classroom assignments where such may be required, for the following school year.

A Local Class Size Committee may make recommendations to the Principal(s) of the school(s) on the organization of classrooms and class sizes while taking into consideration the projected enrolment of the school(s), teaching and course load requirements, accommodation of identified special education pupils, and timetable scheduling within the available professional staffing allocation for the following school year.

A Local Class Size Committee may also make written recommendations to the respective Superintendent of Education or Director of Education where staffing concerns cannot be addressed at the school level. Teaching assignments for the next school year are subject to the approval of the Director of Education, or designate, and every effort will be made to confirm these by April 15th of the current school year.

In the event that the staffing allocation to the school(s) results in an average class size, in the aggregate, which exceeds the provincial norms established by statute or regulation, a Regional Class Size Committee will be provided an opportunity to make a documented presentation to the appropriate Regional Human Resources Management Committee that will consider the appropriateness for increasing the professional staffing allocation to the program.

Representatives of the Local and the Regional Class Size Committees shall develop their terms of reference regarding class size and class size related issues.

Local Class Size Committee(s)

A Local Class Size Committee, at the request of either party, shall be established in each school.

  1. The teachers of each school shall elect up to three (3) of their number (where applicable, one from each division - Primary, Junior, and Intermediate) as members of the Local Class Size Committee for the school.
  2. The teachers of a family of schools shall elect up to six (6) of their number (where applicable, two from each division - Primary, Junior, and Intermediate) as members of the Local Class Size Committee for the family of schools.
  3. Each Local Class Size Committee will meet a minimum of two (2) times per school year, no later than April 15th of the current school year and September 15th of the following school year, with the principal(s) of the school(s) and, where required, with the Superintendent of Education or Director of Education.

Regional Class Size Committee

A Regional Class Size Committee shall be formed of three (3) representatives from the Local Class Size Committee(s) and up to three (3) Principals/Vice Principals. The Regional Class Size Committee shall be given the opportunity to make a documented presentation for additional professional staffing to the Regional Human Resource Management Committee should it be determined that the teacher staffing allocation results in a higher average class size, in the aggregate, which exceeds the norms established by provincial statute or regulation. The Regional Human Resource Management Committee shall provide a written response no later than two (2) weeks after the documented presentation.


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**Appendix "E"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Hours Of Work at the Library and Archives Canada

This is to confirm an understanding reached in negotiations on behalf of employees at Library and Archives Canada in the Education and Library Science Group.

In respect of the application of Article 43 "Hours of Work" paragraphs 43.04(a), (b) and (c), the Employer will consult with the Alliance prior to the reintroduction of the extended hours of service at the Library and Archives Canada.

Implementation of any such change will not take place sooner than sixty (60) days after commencement of such consultation with the Alliance.


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Appendix "F"

Memorandum of Understanding
Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
With Respect to Education and Experience Grid for the ED-EST Employees

The parties agree to establish a joint committee comprised of equal representation to meet within sixty (60) days of the signing of the present agreement. The committee will review:

  • the professional qualifications of teachers and supervisory personnel (i.e. assistant principals, principals, etc) required by provincial Ministries of Education and Colleges of Teachers for employment in elementary and secondary education.
  • the existing definitions related to "teacher education" to ensure compliance with provincial standards by INAC and CSC and review accordingly the current definitions of qualifications and experience for grid placement.
  • the regional pay grids of ten (10) month and twelve (12) month ED-EST to reflect revised pay notes.

The committee will submit its findings and its recommendations to the parties within six (6) months of its first (1st) meeting.

Time spent by the members of the joint committee shall be considered time worked. All other costs will be the responsibility of each party.


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**Appendix "G"

Memorandum of Understanding
Between the Treasury Board of Canada
and
The Public Service Alliance of Canada
with Respect to the Education and Experience Grid
for ED-EST Teachers

The parties recognize that the current pay notes may not be adapted to the reality of teachers who teach curriculum through Aboriginal Language(s) and Culture. As such, the parties agree to establish a joint committee comprised of equal representation that shall meet within 90 days of the signing of this agreement to review and decide upon the appropriate placement on the 10 month ED-EST wage grid of teachers who do not appear to meet the minimum requirement for placement on that grid.

These recommendations shall be referred to the Employer and the Alliance for consideration and action no later than June 30, 2011.

Time spent by the members of the committee shall be considered time worked. All other costs will be the responsibility of each party


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Appendix "H"

Memorandum of Understanding Between
the Treasury Board of Canada
and
the Public Service Alliance of Canada
with Respect to a Joint Learning Program

This memorandum is to give effect to the agreement reached between the Employer and the Public Service Alliance of Canada in respect of employees in the Program and Administration Services, Operational Services, Technical Services, Border Services and Education and Library Science bargaining units.

The PSAC – TBS Joint Learning Program (JLP) will continue to provide joint training on union management issues.

The Employer agrees to provide eight million seven hundred and fifty thousand dollars ($8,750,000) to fund the PSAC – TBS JLP from June 21st, 2011 until June 20, 2014. The Employer agrees to provide a further $600,000 over the life of the 2011-2014 PA collective agreement, to be dedicated specifically to promoting the participation of bargaining agents other than the PSAC in the PSAC – TBS JLP.

The Employer agrees to provide a further $292,000 per month to the PSAC – TBS JLP starting on June 21, 2014 until the subsequent PA collective agreement is signed to ensure continuity of this initiative.

The PSAC – TBS JLP will continue to be governed by the existing joint PSAC – TBS Steering Committee. The Bargaining Agent Side Secretary on the National Joint Council will be invited to attend the meetings of the PSAC – JLP Steering Committee with voice but no vote. The PSAC – TBS JLP will undertake a review of its governance structure over life of the collective agreement with the objective of including other bargaining agents more fully in the operation of the JLP.


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Appendix "I"

Letter of Understanding Between the Treasury Board and the Public Service Alliance of Canada With Respect to the Classification Review

Unless otherwise agreed with the Alliance, the Employer agrees not to enter into collective bargaining with respect to modifications to the EB rates of pay related to classification review during the life of the present agreement until notice to bargain has been served.


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Appendix "J"

Letter of Understanding Between the Treasury Board and the Public Service Alliance of Canada with Respect to a Study to Compare the Compensation of ED-EST who work for a Period of Twelve (12) Month

This letter is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in negotiation for the renewal of the Education and Library Science collective agreement.

Accordingly, the Parties agree to conduct a study during the life of the Agreement, to compare the compensation (rates of pay, allowances and leaves) of the Elementary and Secondary teachers (ED-EST) who work for a period of twelve (12) month with the total compensation (rates of pay, allowances and leaves) of Elementary and Secondary teachers in provinces were ED-EST work.

The Parties further agree to meet within one hundred and twenty (120) days of the signing date of this Agreement to establish the term of reference of the study.

Time spent by the members of the working group shall be considered time worked. All other costs will be the responsibility of each party.



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Appendix "K"

Memorandum of Understanding Between the Treasury Board and the Public Service Alliance of Canada With Respect to Implementation of the Collective Agreement

This memorandum is to give effect to the understanding reached between the Employer and the Public Service Alliance of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the Parties within a period of one hundred and fifty (150) days from the date of signing.


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**Appendix "L"

Memorandum of Understanding Between the Treasury Board and the Public Service Alliance of Canada with Respect to the Implementation of the Appendix J Pay Study for 12 month ED-EST Employees

The parties agree that the Appendix J pay study shall be completed by June 30, 2011.

The parties will meet within 120 days of the completion of the study to develop joint recommendations emanating from the study, including proposed modifications to the collective agreement.

These recommendations shall be referred to the Employer and the Alliance for consideration and action. Such actions may include the re-opening of the collective agreement and the possibility that necessary modifications will take effect July 1, 2011.


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**Appendix "M"

Memorandum of Understanding Between the Treasury Board and the Public Service Alliance of Canada Transitional Market Allowance for ED-EST 12 months Teachers

1. The Employer agrees to provide an allowance to incumbents of ED-EST 12-month teacher positions for the performance of their regular duties.

2. The parties agree that 12-month ED-EST employees who perform the duties of positions identified above shall receive a "Transitional Market Allowance" in the following amounts and subject to the following conditions:

  1. Commencing July 1, 2011 and ending June 30, 2014 ED-EST 12 month teachers who perform the duties of the positions identified above shall be eligible to receive an allowance to be paid bi-weekly;
  2. The employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix A of the collective agreement. This daily allowance is equivalent to the annual amount set out below for each position divided by two hundred and sixty decimal eight eight (260.88).
    Annual Daily
    ES-EST $2400 $9.20
  3. The Transitional Market Allowance specified above does not form part of an employee's salary except for the purposes of the Public Service Superannuation Act.
  4. A part-time ED-EST 12 month teacher shall be paid the daily amount shown above divided by seven decimal five (7.5) for each hour paid at their hourly rate of pay.

3. An employee shall not be entitled to the allowance for periods he or she is on leave without pay or under suspension. However, the Transitional Market Allowance will be added to the calculation of the weekly rate of pay for the maternity and parental allowances in sub-clauses 22.04, 22.05, 22.07 and 22.08 of this collective agreement.

4. The parties agree that disputes arising from the application of this Memorandum of Understanding may be subject to article 37.

5. This Memorandum of Understanding expires on the earlier of June 30, 2014 or the re-opening of the agreement related to the results of the Appendix J joint pay study for 12 month ED-EST teachers.




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