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Architecture, Engineering and Land Survey (AR/EN) 203/210


Article 42
Employment References

42.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee indicating length of service, principal duties and responsibilities and performance of such duties. Personal references requested by a prospective employer outside the public service will not be provided without the written consent of the employee.

Article 43
Sexual Harassment

43.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.

43.02

  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 43.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article 44
No Discrimination

44.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practiced with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, disability, family status, marital status, conviction for which a pardon has been granted or membership or activity in the Institute.

Article 45
Penological Factor Allowance

General

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

45.01 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.

45.02 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.

45.03 Amount of PFA

Penological Factor
Designated Security level of the Penitentiary
Maximum Medium Minimum

$2,000

$1,000

$600

Application of PFA

45.04 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 45.01 above are applicable.

45.05 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.

45.06 Except as prescribed in clause 45.09 below, an employee shall be entitled to receive PFA for any month in which the employee receives a minimum of seventy-five (75) hours pay in a position(s) to which PFA applies.

45.07 Except as provided in clause 45.08 below, PFA shall be adjusted when the incumbent of a position to which PFA applies, is appointed or assigned duties in another position to which a different degree of PFA applies, regardless of whether such appointment or assignment is temporary or permanent, 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 the employee has performed duties for at least seventy-five (75) hours as the incumbent of the position to which the higher allowance applies.

45.08 When the incumbent of a position to which PFA applies, is temporarily assigned to 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 the employee is temporarily assigned, plus PFA, if applicable, would be less than the employee's basic monthly pay entitlement plus PFA in the employee's regular position, the employee shall receive the PFA applicable to the employee's regular position.

45.09 An employee will be entitled to receive PFA, in accordance with the PFA applicable to the employee's 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.

45.10 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

45.11 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.

Article 46
Pay

46.01 Except as provided in clauses 46.01 to 46.07 inclusive, and the Notes to Appendix A of this Agreement, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

46.02 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.

46.03 The rates of pay set forth in Appendix A shall become effective on the date specified therein.

46.04 Only rates of pay and compensation for overtime which has been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

Pay Administration

46.05 When two or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the employee's rate of pay shall be calculated in the following sequence:

  1. the employee shall receive the pay increment;
  2. the employee's rate of pay shall be revised;
  3. the employee's rate of pay on appointment shall be established in accordance with this Agreement.

Rates of Pay

46.06

  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 therefor;
    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 26 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;
      **
    1. for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Directive on Terms and Conditions of Employment, 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;
    2. no payment or no notification shall be made pursuant to paragraph 46.06(b) for one dollar ($1.00) or less.

46.07 This article is subject to the Memorandum of Understanding signed by the Employer and the Professional Institute of the Public Service of Canada dated July 21, 1982 in respect of red-circled employees.

Acting Pay

46.08 When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of consecutive working days, the employee shall be paid acting pay calculated from the date on which the employee commenced to act as if the employee had been appointed to that higher classification level for the period in which the employee acts.

When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

  1. The required number of consecutive working days referred to above is three (3) consecutive working days.

Article 47
Agreement Re-Opener

47.01 This Agreement may be amended by mutual consent. If either party wishes to amend or vary this Agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one calendar month after receipt of such notice.

Article 48
Duration

**

48.01 The duration of this Collective Agreement shall be from the date it is signed to September 30, 2014.

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

48.03 The provisions of this Collective Agreement shall be implemented by the parties within a period of one hundred and twenty (120) days from the date it is signed.

Signed at Ottawa, this 25th day of the month of January 2012.

The Treasury Board of Canada
  • Marc-Arthur Hyppolite
  • Josée Lefebvre
  • Kate Duah
  • Doug Sward
  • Dennis Hains
  • Marc Beaudoin
  • David Turnbull
  • François Prud'homme
  • Kevin Charbonneau
  • Samuel Potvin
The Professional Institute of the Public Service of Canada
  • Gary Corbett
  • Debi Daviau
  • Tim Kirkby, PEng
  • David Young, MEng
  • Alain Arseneault, C.LS
  • Pierre G. Richard, Eng
  • Yves R. Cousineau, PEng
  • Geoffrey Kendell, PEng
  • Randy Dhar, FRAIC
  • Michel Gingras
  • Govind Rao