Treasury Board of Canada Secretariat
Symbol of the Government of Canada
Skip to content   Skip to institutional links

Common menu bar links

Breadcrumb Trail

Home  > 

Institutional links


Versions


ARCHIVED - Ships' Officers (SO) 410 - Archived


Warning This page has been archived.

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats on the "Contact Us" page.

Article 1
Purpose of Agreement

1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the officers and the Guild, to set forth certain terms and conditions of employment relating to remuneration, hours of work, officer benefits and general working conditions affecting officers covered by this Agreement and to ensure that all reasonable measures are provided for the safety and occupational health of the officers.

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 productivity of its officers 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.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

"allowance"
means compensation payable for the performance of special or additional duties, or in the case of a Canadian Coast Guard Officer Cadet an amount payable to help defray expenses incurred as a Cadet;
"bargaining unit"
means the officers of the Employer in the Ships' Officers Group, as described in the certificate issued by the former Public Service Staff Relations Board on December 10, 1968, amended on the 31st day of May 1999;
"compensatory leave"
means leave with pay in lieu of cash payment for overtime, for time worked on a designated holiday and for performing security duty, travelling time, call back pay, reporting pay and dirty work;
"common-law spouse"
relationship is said to exist when, for a continuous period of at least one (1) year, an officer has lived with a person publicly represented that person to be his/her spouse, and lives and intends to continue to live with that person as if that person were his/her spouse;
"continuous employment"
has the same meaning as in the Public Service Terms and Conditions of Employment Regulations;
"day"
in relation to an officer means the twenty-four (24) hour period during which that officer is normally required to perform the duties of his/her position and commences at 00:00 hour;
"day of rest"
in relation to an officer means the twenty-four (24) hour period during which that officer is not ordinarily required to perform the duties of his/her position other than by reason of the officer being on leave, absent from duty without permission or by reason of that day being a holiday, and commences at 00:00 hour;
"designated holiday"
means:
  1. in the case of a watch that does not commence and end on the same day, the twenty-four (24) hour period commencing from the time at which the watch commenced on a day designated as a holiday in this Agreement,
  2. in any other case, the twenty-four (24) hour period commencing at 00:00 hour of a day designated as a holiday in this Agreement;
"Employer"
means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board;
"Guild"
means the Canadian Merchant Service Guild;
"home port"
means the officer's home port as designated by the user departments or, for officers assigned to a regional pool, the geographic location to which an officer is normally assigned;

**

"hourly rate of pay"
means an officer's weekly rate of pay divided by forty (40); (to be deleted on March 31, 2010)
Effective April 1, 2010:
"hourly rate of pay"
means an officer's hourly rate of pay as provided in Appendix "A-4", "B-4", "C-4" or "D" as applicable;
"lay-off"
means the termination of an officer's employment because of lack of work or because of the discontinuance of a function;
"leave"
means authorized absence from duty by an officer during the officer's regular or normal hours of work;
"membership dues"
means the dues established pursuant to the constitution of the Guild as the dues payable by its members as a consequence of their membership in the Guild, and shall not include any initiation fee, insurance premium, or special levy;
"officer"
means a person who is employed by the Employer and who is a member of the bargaining unit;
"remuneration"
means pay and allowances;
"seasonal officer"
means an officer who is required to perform his/her duties for a period of less than twelve (12) months in successive years of employment;

**

"weekly rate of pay"
means an officer's annual rate of pay divided by 52.176; (to be deleted on March 31, 2010)

throughout this Agreement, words importing the masculine gender include the feminine gender.

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.

Article 3
Application

3.01 The provisions of this Agreement apply to the Guild, officers and the Employer.

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

3.03 Unless otherwise expressly stipulated, the provisions of this Agreement apply equally to male and female officers.

3.04 Seasonal and part-time officers subject to this Agreement shall be entitled to the benefits of this Agreement, in accordance with the relevant conditions described in this Agreement on a prorated basis.

Article 4
Illegal Strikes

4.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action which may include penalties up to and including discharge, may also be taken for participation in an illegal strike as defined in the Public Service Labour Relations Act.

Article 5
State Security

5.01 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.

Article 6
Conflict Between Legislation and the Collective Agreement

6.01 If any law now in force or enacted during the term of this Agreement renders null and void any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement.

Article 7
Managerial Responsibilities

7.01 Except to the extent provided herein, this Agreement in no way restricts the authority of those charged with managerial responsibilities in the Public Service.

Article 8
Authority of the Master/Commanding Officer

8.01 Nothing in this Agreement shall be construed in a manner that tends in any way to impair the lawful authority of the Master/Commanding Officer.

Article 9
Recognition

9.01 The Employer recognizes the Guild as the sole and exclusive bargaining agent for all officers described in the certificate issued by the former Public Service Staff Relations Board on the thirty-first (31st) day of May 1999, covering officers of the Ships' Officers Group, referred to in this Agreement as officers.

Article 10
Check-Off

10.01 The Employer will, as a condition of employment, deduct an amount equal to the membership dues from the monthly pay of all officers in the bargaining unit.

10.02 The Guild shall notify the Employer in writing at least one (1) full calendar month in advance of any change in the amount of monthly deductions to be checked off for each officer defined in clause 10.01.

10.03 For the purpose of applying clause 10.01, deductions from pay for each officer in respect of each month will start with the first (1st) full calendar month of employment to the extent that earnings are available. When an officer does not have sufficient earnings in respect of any calendar month to permit deductions specified under this Article, the Employer shall not be obligated to make such deductions from subsequent salary.

10.04 An officer who satisfies the Employer to the extent and declares in an affidavit that the officer is a member of a religious organisation whose doctrine prevents the officer as a matter of conscience from making financial contributions to an employee organization and that the officer 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 officer is countersigned by an official representative of the religious organisation involved.

10.05 From the date of signing and for the duration of this Agreement, no officer organisation, as defined in section 2 of the Public Service Labour Relations Act, other than the Guild, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of officers in the bargaining unit.

10.06 The amount deducted in accordance with clause 10.01 shall be remitted to the Secretary-Treasurer of the Guild by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each officer and the deductions made on his/her behalf.

10.07 The Employer shall provide a voluntary revocable check-off of premiums payable on a life insurance plan provided by the Guild for its members on the basis of production of appropriate documentation, provided that the amounts so deducted are combined with Guild dues in a single monthly deduction.

10.08 The Guild 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.

Article 11
Officers' Representatives

11.01 The Employer acknowledges the right of the Guild to appoint officers as Officers' Representatives.

11.02 The Employer and the Guild shall determine the jurisdiction of each Officer's Representative, having regard to the size and complement of the vessel or the work place and administrative structure implied by the grievance procedure.

11.03 An Officer's Representative shall obtain the permission of the Master/Commanding Officer or whoever is delegated by management before leaving his/her work to investigate with fellow officers complaints of an urgent and local nature, to meet with the Master/Commanding Officer or local management for the purpose of dealing with grievances and to attend meetings called by the Master/Commanding Officer or local management. Such permission shall not be unreasonably withheld. Where practicable, the Officer's Representative shall report back to the Master/Commanding Officer or whoever is delegated by management before resuming his/her normal duties.

Article 12
Statement of Duties

12.01 Upon written request, an officer shall be entitled to an official statement of the duties and responsibilities of the officer's position including the position's classification level and where applicable, the point rating allotted by factor to the position.

Article 13
Information

**

13.01 The Employer agrees to supply the Guild on a quarterly basis with a list of all officers in the bargaining unit. The list shall contain the following information:

  1. officer's name;
  2. employing department;
  3. home port or the geographic location to which an officer is normally assigned;
  4. classification.

**

13.02 Where there is no electronic access available to the officer, the officer is entitled, on a quarterly basis, to be informed upon request, of the balance of his/her accumulated leave credits.

Article 14
Information for Officers

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

Article 15
Provision of Bulletin Board Space

15.01 Reasonable space on bulletin boards will be made available to the Guild for the posting of official Guild notices in convenient locations as determined by the Employer. Notices or other material shall require the prior approval of the Employer, except notices of meetings of their members and elections, the names of Guild representatives, and social and recreational affairs.

Article 16
Access to Employer Property

16.01 The Employer agrees to grant accredited Guild representatives access to vessels and to other places of work of the officers. Such access will be subject to the prior notice to and consent of the Employer except in the case of vessels whose location and schedule render such prior notice impossible. Upon boarding any vessel the Guild representative must report to the Master/Commanding Officer, state his/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.

16.02 The Guild shall provide the Employer with a list of such accredited representatives and shall advise promptly of any changes made to the list.

16.03 It is agreed that the Employer assumes no responsibility for any damage to property, loss of life or personal injury sustained by such a representative while in or about property owned or controlled by the Employer.

Article 17
Leave for Guild Business or for Other Activities Under The Public Service Labour Relations Act (PSLRA)

17.01 Public Service Labour Relations Board Hearings

**

  1. Complaints Made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act.
    • Where 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 officer who makes a complaint on his/her own behalf, before the Public Service Labour Relations Board,
        and
      2. to an officer who acts on behalf of an officer making a complaint, or who acts on behalf of the Guild making a complaint.
  2. Applications for Certification, Representations and Interventions With Respect to Applications for Certification.
    • Where operational requirements permit, the Employer will grant leave without pay:
      1. to an officer who represents the Guild in an application for certification or in an intervention,
        and
      2. to an officer who makes personal representations with respect to a certification.
  3. Officer Called as a Witness
    • The Employer will grant leave with pay:
      1. to an officer called as a witness by the Public Service Labour Relations Board,
        and
      2. where operational requirements permit, to an officer called as a witness by an officer or the Guild.

**

17.02 Arbitration Board and Public Interest Commission Hearings

**

  1. Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of officers representing the Guild before an Arbitration Board or a Public Interest Commission.

**

  1. Officer Called as a Witness
    • The Employer will grant leave with pay to an officer called as a witness by an Arbitration Board or a Public Interest Commission and, where operational requirements permit, leave with pay to an officer called as a witness by the Guild.

17.03 Adjudication

Where operational requirements permit, the Employer will grant leave with pay to an officer who is:

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

17.04 Meetings During the Grievance Process

  1. Officer Presenting Grievance
    • Where operational requirements permit, the Employer will grant to an officer:
      1. where the Employer originates a meeting with the officer who has presented the grievance, leave with pay when the meeting is held in the officer's headquarters area and "on duty" status when the meeting is held outside the officer's headquarters area;
        and
      2. where an officer who has presented a grievance seeks to meet with the Employer, leave with pay to the officer when the meeting is held in the officer's headquarters area and leave without pay when the meeting is held outside the officer's headquarters area.
  2. Officer Who Acts as Representative
    • Where an officer wishes to represent at a meeting with the Employer, an officer who has presented a grievance, the Employer will, where operational requirements permit, grant to the representative:
      1. leave with pay when the meeting is held in the representative's headquarters area;
      2. leave without pay when the meeting is held outside the representative's headquarters area.

17.05 Contract Negotiation Meetings

Where operational requirements permit, the Employer will grant leave without pay to an officer for the purpose of attending contract negotiation meetings with the Employer on behalf of the Guild.

17.06 Preparatory Contract Negotiation Meetings

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of officers to attend meetings preparatory to contract negotiations with the Employer.

17.07 Meetings Between the Guild and Management Not Specified in This Article

Where operational requirements permit, the Employer will grant leave with pay to a reasonable number of officers who are meeting with management on behalf of the Guild.

17.08 Guild Executive Council Meetings, Conventions and Congresses

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of officers engaged in such business of the Guild as attendance at executive meetings, conventions and congresses.

17.09 Elected Full-Time Officers of the Guild

Where operational requirements permit, the Employer will grant leave without pay to an officer who has been elected to a full-time office of the Guild, provided the officer requests such leave in writing. The duration of such leave without pay shall be for a specified period of time mutually agreed in writing between the Employer and the officer prior to such leave being granted.

Article 18
Grievance Procedure

**

18.01 In cases of alleged misinterpretation or misapplication arising from agreements concluded by the National Joint Council of the Public Service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15 of the NJC By-laws.

18.02 The parties to this Agreement emphasize the necessity of a satisfactory grievance procedure, the purpose of which is to provide an orderly and effective process for the consideration and prompt resolution of the grievances of officers within the bargaining unit.

Both parties recognize that an officer, accompanied by an Officers' Representative if the officer so wishes, has the right to discuss with his/her supervisor a complaint relating to the officer's working conditions and conditions of employment, including those governed by the provisions of this Agreement, without prejudice to the right of the officer to have subsequent recourse to the grievance procedure.

18.03 An officer has the right to representation by an authorized representative of the Guild when presenting a grievance at any stage in the grievance procedure.

18.04 In this procedure:

  1. "grievance" means a complaint in writing presented by an officer on his/her own behalf or on behalf of the officer and one or more other officers other than a complaint arising from the classification process;
  2. "authorized representative of the Guild" means a person designated by the Guild to represent an aggrieved officer in the processing of a grievance;
  3. "Officers' Representative" means an officer appointed or elected by the Guild;
  4. "Employer" means a person authorized to respond in writing to the grievances of officers;
  5. "days" referred to in this procedure are calendar days excluding Saturdays, Sundays and holidays.

**

18.05 Subject to, and as provided in section 208 of the Public Service Labour Relations Act, an officer who feels that he/she has been treated unjustly or considers himself/herself aggrieved by any 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 18.08, except that:

  1. where there is another administrative procedure provided by law to deal with the officer'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, the officer is not entitled to present the grievance unless the officer has the approval of and is represented by the Guild.

18.06 A grievance of an officer 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.

18.07 An officer who wishes to present a grievance at any prescribed level in the grievance procedure shall transmit the grievance, either directly or through the Officers' Representative, to the officer's immediate supervisor or local officer-in-charge who shall forthwith:

  1. forward the grievance to the representative of the Employer authorized to reply to the grievances of officers at the appropriate level;
    and
  2. provide the officer with a receipt stating the date on which the grievance was received by him/her.

18.08 Except as otherwise provided in this Agreement, a grievance shall be processed as follows:

  1. level 1 - the person authorized to reply initially to the grievances of officers;
  2. level 2 (and 3 in departments or agencies where such a level is established) - intermediate level(s);
  3. final level - the Deputy Minister (or his equivalent) or his delegated representative.

18.09 An officer may present a grievance to the first level of the grievance procedure in the manner prescribed in clause 18.07 not later than the twenty-fifth (25th) day after the date on which the officer was notified, orally or in writing, or on which the officer first became aware of the action or circumstance giving rise to the grievance. In the situation where officers are at sea, the twenty-five (25) day period will commence on return to the officer's home port.

18.10 The Employer shall normally reply to an officer's grievance at any level of the grievance procedure, except the final level, within ten (10) days after the grievance is presented, and within thirty (30) days where the grievance is presented at the final level.

18.11 Where the decision of the Employer is not satisfactory to the officer, an officer may present the grievance at each succeeding level in the grievance procedure beyond the first level not later than the tenth (10th) day after the written decision of the Employer has been conveyed to the officer.

18.12 Where the Employer at any level fails to reply to the officer's grievance within the prescribed time limit, the officer may present the grievance to the next level not later than the fifteenth (15th) day after the last day on which the Employer was required to reply to the grievance at the last preceding level of the grievance procedure.

18.13 The time limits prescribed above are maximum time limits in order to provide for circumstances which might cause delay. Both parties agree that grievances at all levels shall be dealt with as expeditiously as possible. However, the time limits stipulated in this procedure may be extended by mutual agreement between the Employer and officer and, where applicable, the Guild.

18.14 Where an officer has been represented by the Guild in the presentation of the officer's grievance, the Employer will forward to the appropriate authorized Guild representative a copy of the Employer's decision at each level in the grievance procedure at the same time that the Employer's decision is conveyed to the officer.

18.15 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 officer and, where applicable, the Guild.

**

18.16 Where the Employer terminates an officer for cause or demotes an officer pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this Article shall apply, except that:

  1. the grievance may be presented at the final level only;
  2. the thirty (30) day time limit within which the Employer is to reply at the final level may be extended to a maximum of sixty (60) days by mutual agreement of the Employer and the officer and, where applicable, the Guild.

18.17 Where the provisions of clause 18.07 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. 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 his/her 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.

18.18 An officer may, by written notice to his/her immediate supervisor or local officer-in-charge, abandon a grievance at any time during the grievance process. No person who is employed in a managerial or confidential capacity shall seek to intimidate by threat of discharge or by any kind of threat to cause an officer to abandon a grievance or to refrain from presenting a grievance, as provided for in this Agreement.

18.19 Any officer 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 officer's control, the officer was unable to comply with the prescribed time limits.

18.20 The decision given by the Employer at the final level in the grievance procedure shall be final and binding upon the officer unless the grievance is a class of grievance that may be referred to adjudication.

**

18.21 Where an officer has presented a grievance up to and including the final level in the grievance procedure with respect to:

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

and the officer's grievance has not been dealt with to the officer's satisfaction, the officer may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and its Regulations.

18.22 Where a grievance that may be presented by an officer to adjudication is a grievance relating to the interpretation or application in respect of the officer of a provision of this Collective Agreement or an arbitral award, the officer is not entitled to refer the grievance to adjudication unless the Guild signifies in the prescribed manner:

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

18.23 The Employer shall designate a representative at each level in the grievance procedure and shall inform the officers to whom the procedure applies of the name or title of the representative 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. An information copy of the above shall be provided to the Guild.

Article 19
Leave – General

19.01

**

  1. Subject to clauses 19.02 and 19.03, in the event of termination of employment for reasons other than death or lay-off, unearned leave taken by an officer shall be recovered from any monies owed this officer by the Employer, calculated on the basis of the rate of pay to which the officer is entitled by virtue of the certificate of appointment in effect at the time of termination of the officer's employment.
  2. The rate of pay used for calculation under paragraph 19.01(a) shall not include a rate of pay pertaining to a position held for a temporary period.

19.02 When the employment of an officer who has been granted more vacation or sick leave with pay than the officer has earned is terminated by death, the officer is considered to have earned the amount of leave with pay granted.

19.03 When the employment of an officer who has been granted more vacation or sick leave with pay than the officer has earned is terminated by lay-off, the officer is considered to have earned the amount of leave with pay granted to the officer if, at the time of the officer's lay-off, the officer has completed two (2) or more years of continuous employment.

19.04 When an officer, who is in receipt of a special duty allowance or an extra duty allowance, is granted leave with pay, the officer is entitled during the officer's period of leave to receive the allowance if the special or extra duties in respect of which the officer is paid the allowance were assigned to the officer on a continuing basis or for a period of two (2) or more months prior to the period of leave.

19.05 The amount of leave with pay credited to an officer by the Employer at the time when this Agreement is signed, or at the time when the officer becomes subject to this Agreement, shall be retained by the officer.

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

19.07 An officer is not entitled to leave with pay during any period in which the officer is on leave without pay or under suspension.

19.08 An officer shall not be paid for more than one (1) type of leave with pay with respect to the same time.

19.09 When the Employer cancels or alters a period of vacation or compensatory leave with pay which it has previously approved in writing, the Employer shall reimburse the officer for the non-returnable portion of vacation contracts and reservations made by the officer in respect of that period, subject to the presentation of such documentation as the Employer may require. The officer will make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.

19.10 Representatives for the Guild shall be given the opportunity to consult with representatives of the Employer on vacation and compensatory leave schedules.

19.11 Except as otherwise specified in this Agreement:

  1. where leave without pay for a period in excess of three (3) months is granted to an Officer, the total period of leave granted shall be deducted from "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave;
  2. time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

Article 20
Vacation Leave With Pay

20.01 Vacation Year

The vacation year shall be from April 1st to March 31st inclusive of the following calendar year.

20.02 Accumulation of Vacation Leave Credits

An officer who has earned at least eighty (80) hours' pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates provided he/she has not earned credits in another bargaining unit with respect to the same month:

  1. ten (10) hours per month until the month in which the anniversary of his eighth (8th) year of continuous employment occurs;
    or
  2. thirteen decimal three-three (13.33) hours per month commencing with the month in which his eighth (8th) anniversary of continuous employment occurs;
    or
  3. sixteen decimal six-seven (16.67) hours per month commencing with the month in which his nineteenth (19th) anniversary of continuous employment occurs;
    or
  4. twenty (20) hours per month commencing with the month in which the officer's thirtieth (30th) anniversary of continuous employment occurs.

(20.02 above to be deleted on March 31, 2010)

**(Arbitral Award June 27, 2008)

20.02 Accumulation of Vacation Leave Credits

Effective April 1, 2010, an officer who has earned at least eighty (80) hours' pay during any calendar month of a vacation year shall earn vacation leave credits at the following rates provided he/she has not earned credits in another bargaining unit with respect to the same month:

  1. fourteen (14) hours per month until the month in which the anniversary of his/her sixteenth (16th) year of continuous employment occurs;
    or
  2. fourteen decimal six seven (14.67) hours per month commencing with the month in which his/her sixteenth (16th) anniversary of continuous employment occurs;
    or
  3. fifteen decimal three (15.33) hours per month commencing with the month in which his/her seventeenth (17th) anniversary of continuous employment occurs;
    or
  4. sixteen decimal six seven (16.67) hours per month commencing with the month in which the officer's eighteenth (18th) anniversary of continuous employment occurs;
    or
  5. eighteen (18) hours per month commencing with the month in which the officer's twenty-seventh (27th) anniversary of continuous employment occurs;
    or
  6. twenty (20) hours per month commencing with the month in which the officer's twenty-eighth (28th) anniversary of continuous employment occurs.

20.03 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 Officer who receives severance pay on lay-off and is reappointed to the Public Service within one year following the date of lay-off.

20.04 Vacation leave with pay shall be granted on an hourly basis with the hours debited for each day of vacation leave being the same as the hours the officer would normally have worked on that day.

Entitlement to Vacation Leave With Pay

20.05 An officer is entitled to vacation leave to the extent of his/her earned credits but an officer 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

20.06 Officers are expected to take all their vacation leave during the vacation year in which it is earned, and the Employer shall, subject to the operational requirements, make reasonable effort to schedule the officer's vacation leave during the vacation year in which it is earned.

20.07 Vacation leave may be scheduled by the Employer at any time during the vacation year. However, consistent with efficient operating requirements, the Employer shall make every reasonable effort to schedule vacations in a manner acceptable to officers and to give the officer two (2) months notice.

20.08 The Employer will advise the officer within thirty (30) days of receiving a request for vacation leave that the vacation leave has or has not been approved.

20.09 When during a period of vacation leave, an officer is granted bereavement leave, the period of vacation leave so displaced will either be added to the vacation period if requested by the officer and approved by the Employer or reinstated to the officer's credit for use at a later date.

20.10 Carry-Over and/or Liquidation of Vacation Leave

  1. Where in any vacation year, an employee has not been granted all of the vacation leave credited to him or her, the unused portion of his or her vacation leave credits up to a maximum of two hundred and eighty (280) hours for those Officers working under Appendix K and L, two hundred and ninety-four (294) hours for those Officers working under Appendix I, three hundred and twenty-six decimal two (326.2) hours for those Officers working under Appendix J; and three hundred and thirty-six (336) hours for those Officers working under Appendix H, shall be carried over into the following vacation year. All vacation leave credits in excess of the foregoing maxima shall be automatically paid in cash at his or her rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.
    1. Notwithstanding paragraph (a), on the date of signing of this Agreement or on the date an officer becomes subject to this Agreement, he or she has more than the limits provided in paragraph (a) above of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the officer's accumulated leave maximum.
    2. Unused vacation leave credits equivalent to the officer's accumulated leave maximum shall be carried over into the following vacation year.
    3. Unused vacation leave credits in excess of the officer's accumulated leave maximum shall be automatically paid in cash at his or her rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

**

  1. The rate of pay specified above shall be the lay-day rate of pay specified in Appendix A-3B for officers working under Appendix H, and the hourly rate of pay specified in Appendix A-2 for officers working under Appendix I, J, K or L. (to be deleted on March 31, 2010)

**

Effective April 1, 2010:

  1. The rate of pay specified above shall be the appropriate hourly rate of pay specified in Appendix "A-4", "B-4", "C-4" and "D" as applicable.
  2. The officer's accumulated leave maximum as calculated pursuant to clause (b)(i) above shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the officer's annual vacation leave entitlement during the vacation year.
  3. Notwithstanding (b)(iii) above, where the Employer cancels a period of vacation leave which has been previously approved in writing and which cannot be rescheduled before the end of the vacation year, the cancelled leave may be carried over into the following vacation year.

(Arbitral Award – August 18, 2004)

  1. During any vacation year, upon application by the Officer and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred and twenty (120) hours of credits may be paid in cash at the Officer's rate of pay as calculated from the classification prescribed in the certificate of appointment of the Officer's substantive position on March 31st of the previous vacation year.

20.11 Recall From Vacation Leave With Pay

  1. The Employer shall make every reasonable effort to assign available officers in such a manner that an officer who is on vacation leave is not recalled to duty.
  2. When during any period of vacation leave or combination of vacation and compensatory leave, an officer is recalled to duty, he/she shall be reimbursed for reasonable expenses, as normally defined by the Employer, that he/she incurs:
    1. in proceeding to his/her place of duty,
      and
    2. in returning to the place from which he/she was recalled if he/she immediately resumes vacation upon completing the assignment for which he/she was recalled, after submitting such accounts as are normally required by the Employer.
  3. The officer shall not be considered as being on vacation leave or a combination of vacation and compensatory leave during any period in respect of which he/she is entitled under clause 20.11(b) to be reimbursed for reasonable expenses incurred by the officer.

Leave When Employment Terminates

20.12 When an officer dies or otherwise ceases to be employed, he/she or his/her estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to his/her credit by the hourly rate of pay to which he/she is entitled by virtue of the certificate of appointment in effect at the time of the termination of his employment, but such rate of pay shall not include a rate of pay pertaining to a position held for a temporary period.

20.13 Notwithstanding clause 20.12, an officer whose employment is terminated by reason of a declaration that he/she abandoned his/her position is not entitled to receive the payment referred to in clause 20.12 unless he requests it in writing within six (6) months following the date upon which his employment is terminated.

Article 21
Designated Holidays

21.01 Subject to clause 21.02, the following days shall be designated holidays with pay for officers:

  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 (1) 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 officer 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 (1st) Monday in August,
    and
  12. one (1) additional day when proclaimed by an Act of Parliament as a national holiday.

21.02

  1. Except as provided in this Article, an officer who receives full pay for either the working day immediately preceding or immediately following the designated holiday shall be paid for the holiday. For other officers the holiday shall be an unpaid holiday.
  2. Notwithstanding clause 21.02(a), an officer who is granted leave without pay under the provisions of clauses 17.05, 17.06 and 17.08 of Article 17 "Leave for Guild Business or for Other Activities under the Public Service Labour Relations Act" and in respect of whom the Guild has certified that the officer was paid by the Guild for Guild business conducted on the working day immediately preceding and the working day following the designated holiday shall be paid for the holiday.
  3. An officer who is absent without permission on a designated holiday on which the officer was required to work shall not be entitled to be paid for the holiday.

21.03 Holiday Falling on a Day of Rest

When a day designated as a holiday under clause 21.01 coincides with an officer's day of rest, the holiday shall be moved to the officer's normal working day following the day of rest. When a day that is a designated holiday is so moved to a day on which the officer is on leave, that day shall count as a holiday and not as a day of leave.

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

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

21.05 Compensation for Work on a Holiday

Where an officer works on a holiday, the officer shall be entitled, in addition to the eight (8) hours pay the officer would have been granted had the officer not worked on the holiday, to compensation at the rate of:

  1. time and one-half (1 1/2) for all hours worked up to eight (8) hours;
    and
  2. double (2) time for hours worked in excess of the eight (8) hours of work;
    or
  3. where an officer works on a holiday contiguous to a day of rest on which the officer has also worked and received overtime in accordance with clause 30.08(c), the officer shall be paid in addition to the pay that the officer would have been granted had the officer not worked on the holiday, double (2) time for hours worked.

21.06 Masters/Commanding Officers, Dredge Masters or Chief Engineers

Notwithstanding the provisions of clause 21.05, where an officer who holds a position identified in Appendix "G" works on a holiday, the officer shall be entitled, in addition to the pay the officer would have been granted had the officer not worked on the holiday, to be compensated:

  1. at time and one-half (1 1/2) for hours worked up to eight (8) hours;
    and
  2. double (2) time for hours worked in excess of the eight (8) hours of work;
    or
  3. at double time (2.0) for hours worked not exceeding the officer's normal designated hours of work if the holiday is contiguous to a day of rest on which the officer worked and received compensation in accordance with clause 30.08(c).

21.07 Compensation earned for hours worked on a holiday will be paid off in accordance with Appendices "I", "J" and "K".

21.08 Holiday Coinciding With a Day of Paid Leave

Where a day that is a designated holiday for an officer falls within a period of leave with pay, that day shall count as a holiday and not as a day of leave.

Article 22
Sick Leave With Pay

22.01 Credits

An officer shall earn sick leave credits at the rate of ten (10) hours for each calendar month for which the officer receives at least eighty (80) hours' pay.

22.02 Sick leave with pay shall be granted on an hourly basis with the hours debited for each day of sick leave being the same as the hours the officer would normally have worked on that day.

Granting of Sick Leave With Pay

22.03 An officer is eligible for sick leave with pay when the officer is unable to perform his/her duties because of illness or injury provided that:

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

**

22.04 Unless otherwise informed by the Employer, a statement signed by the officer stating that because of illness or injury the officer was unable to perform his/her duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 22.03(a).

22.05 Subject to Appendices "H", "I" and "J", where an officer has insufficient or no credits to cover the granting of sick leave with pay under the provisions of paragraph 22.03, sick leave with pay may, at the discretion of the Employer, be granted:

  1. if the officer is awaiting a decision on an application for injury-on-duty leave,
    1. for a period of up to two hundred (200) hours,
  2. for all other cases,
    1. for a period of up to one hundred and twenty (120) hours,

subject to the deduction of such advanced leave from any sick leave credits subsequently earned, and, in the event of termination of employment for reasons other than death or lay-off, the recovery of the advance from any monies owed the officer.

22.06 When an officer 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 officer was not granted sick leave with pay.

22.07 Where, in respect of any period of vacation or compensatory leave, an officer is granted sick leave with pay in accordance with paragraph 22.03, the period of vacation or compensatory leave so displaced shall be reinstated to the officer's credit. This provision does not apply to seasonal officers during the off-duty season.

22.08 Sick leave credits earned but unused by an officer during a previous period of employment in the Public Service shall be restored to an officer whose employment was terminated by reason of lay-off and who is reappointed to the Public Service within one (1) year from the date of lay-off.

22.09 The Employer agrees that an officer recommended for release from employment under section 31 of the Public Service Employment Act for incapacity by reason of ill-health shall not be released at a date earlier than the date at which the officer will have utilized all the officer's accumulated sick leave credits.

Article 23
Other Types of Leave With or Without Pay

23.01 In respect of any requests for leave under this Article, the officer, when required by the Employer, must provide satisfactory validation of the circumstances necessitating such requests, in such manner and at such time as may be determined by the Employer.

23.02 Bereavement Leave With Pay

For the purpose of this clause, immediate family is defined as father, mother, (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse, (including common-law spouse resident with the officer), child of the officer (including child of common-law spouse), stepchild or ward of the officer, father-in-law, mother-in-law, grandchild and relative permanently residing in the officer's household or with whom the officer permanently resides.

**

  1. Where a member of an officer's immediate family dies, and it is practical for an officer to leave and rejoin the vessel, the officer shall be entitled to bereavement leave with pay for a period of up to five (5) consecutive calendar days, including the day of the funeral. During such period, the officer shall be granted leave with pay for those days which are not the regularly scheduled days of rest for that officer. In addition, the officer may be granted up to three (3) days' leave for the purpose of travel related to the death.
  2. In special circumstances and at the request of the officer, bereavement leave may be extended beyond the day of the funeral but the total number of days granted must be consecutive and not greater in number than those provided for in paragraph 23.02(a), and must include the day of the funeral.
  3. An officer is entitled to bereavement leave with pay, up to a maximum of one (1) day, if it is practical for the officer to leave and rejoin the vessel, in the event of the death of the officer's grandparent, son-in-law, daughter-in-law, brother-in-law and sister-in-law.
  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, defer or grant bereavement leave with pay for a period greater than that provided for in subparagraph 23.02(a), (b) and (c).
  5. If, during a period of paid leave an officer is bereaved in circumstances under which the officer would have been eligible for bereavement leave under subparagraph (a), (b) or (c) of this clause, the officer shall be granted bereavement leave and his/her paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.

23.03 Personnel Selection Leave With Pay

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

23.04 Court Leave With Pay

The Employer shall grant leave with pay to an officer for the period of time the officer is required:

  1. to be available for jury selection;
  2. to serve on a jury;
    or
  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 his/her 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.

23.05 Injury-on-duty Leave With Pay

  1. An officer shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where 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 officer is unable to work because of:
    1. personal injury accidentally received in the performance of his/her duties and not caused by the officer's willful misconduct;
      or
    2. sickness resulting from the nature of his/her employment;
      or
    3. over-exposure to radioactivity or other hazardous conditions in the course of his/her employment,
    if the officer agrees to remit to the Receiver General for Canada any amount received by him/her in compensation for loss of pay resulting from or in respect of such injury, sickness or exposure providing, however, that such amount does not stem from a personal disability policy for which the officer or the officer's agent has paid the premium.
  2. If a designated holiday falls during a period of injury-on-duty leave, the officer will be paid for the holiday and injury-on-duty leave will not be granted for that day.

23.06 Examination Leave With Pay

Subject to operational requirements and at the discretion of the Employer, examination leave with pay may be granted to an officer for the purpose of writing an examination in order to qualify for a higher professional certificate of competency, provided the qualification can in the opinion of the Employer increase the officer's usefulness to the Employer. The fee for the nautical examination will be paid by the Employer upon the officer's successful completion of the examination.

23.07 Educational Leave

Subject to operational requirements and at the discretion of the Employer, educational leave with or without pay may be granted by the Employer to permit an officer to upgrade his/her professional qualification where in the opinion of the Employer such qualification will increase the officer's usefulness to the Employer.

23.08 Career Development Leave With Pay

  1. Career development refers to an activity which in the opinion of the Employer is likely to be of assistance to the individual in furthering his/her career development and to the organization in achieving its goals.
    The following activities shall be deemed to be part of career development:
    1. a course given by the Employer;
    2. a course offered by a recognized academic institution;
    3. a seminar, convention or study session in a specialized field directly related to the officer's work.
  2. Upon written application by the officer, and with the approval of the Employer, career development leave with pay may be given for any one of the activities described in paragraph 23.08(a) above. The officer shall receive no compensation under Article 30, Hours of Work and Overtime, and Article 24, Travelling Time, during time spent on career development leave provided for in this clause.
  3. Officers on career development leave may be reimbursed for all reasonable travel and other expenses incurred by them which the Employer may deem appropriate.

23.09 Maternity Leave without Pay

**

  1. An officer 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.

**

  1. Notwithstanding paragraph (a):
    1. where the officer has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
      or
    2. where the officer has proceeded on maternity leave without pay and then returns to work for all or part of the period during which 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 during which the officer was not on maternity leave, to a maximum of eighteen (18) weeks.
  2. The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
  3. The Employer may require an officer to submit a medical certificate certifying pregnancy.
  4. An officer 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 22, Sick Leave With Pay. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 22, Sick Leave With Pay, shall include medical disability related to pregnancy.
  5. An officer 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 in advance of 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.
  6. 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.

23.10 Maternity Allowance

**

  1. An officer 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 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 officer 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 Relation Act 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 officer'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).

**

  1. Maternity allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an officer 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 officer receives a maternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay 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.

**

  1. At the officer's request, the payment referred to in subparagraph 23.10(c)(i) will be estimated and advanced to the officer. Adjustments will be made once the officer provides proof of receipt of Employment Insurance or Québec Parental Insurance maternity benefits.

**

  1. The maternity allowance to which an officer is entitled is limited to that provided in paragraph (c) and an officer 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.
  2. The weekly rate of pay referred to in paragraph (c) shall be:
    **
    1. for a full-time officer, the officer's weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay,

      Effective April 1, 2010:
      The weekly rate of pay is equal to the hourly rate provided in appendix "A-4", "B-4" or "C-4" as applicable multiplied by:
      • Forty-two (42) for full-time officers working under Appendix "H" or "I";
      • Forty-six (46) for full-time officers working under Appendix "J";
      • Forty (40) for full-time officers working under Appendix "K".
    2. for an officer 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 officer's straight time earnings by the straight time earnings the officer would have earned working full-time during such period.
  3. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the officer is entitled for her substantive level to which she is appointed.
  4. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an officer 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.
  5. Where an officer becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
  6. Maternity allowance payments made under the SUB Plan will neither reduce nor increase an officer's deferred remuneration or severance pay.

23.11 Special Maternity Allowance for Totally Disabled Officers

**

  1. An officer who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 23.10(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 maternity benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 23.10(a), other than those specified in sections (A) and (B) of subparagraph 23.10(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 via the Government Employees Compensation Act.

    Effective April 1, 2010:
    The weekly rate of pay is equal to the hourly rate provided in appendix "A-4", "B-4" or "C-4" as applicable multiplied by:
    • Forty-two (42) for full-time officers working under Appendix "H" or "I";
    • Forty-six (46) for full-time officers working under Appendix "J";
    • Forty (40) for full-time officers working under Appendix "K".

**

  1. An officer shall be paid an allowance under this clause and under clause 23.10 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance maternity benefits for the reasons described in subparagraph (a)(i).

23.12 Parental Leave Without Pay

  1. Where an officer has or will have the actual care and custody of a new-born child (including the new-born child of a common-law spouse), the officer 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 officer's care.
  2. Where an officer 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 officer 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 week (52) period beginning on the day on which the child comes into the officer's care.

**

  1. Notwithstanding paragraphs (a) and (b) above, at the request of an officer and at the discretion of the Employer, the leave referred to in the paragraphs (a) and (b) above may be taken in two periods.

**

  1. Notwithstanding paragraphs (a) and (b):
    1. where the officer's child is hospitalized within the period defined in the above paragraphs, and the officer has not yet proceeded on parental leave without pay,
      or
    2. where the officer has proceeded on parental leave without pay and then returns to work for all or part of the period during which 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 during which the officer 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 officer's care.

**

  1. An officer who intends to request parental leave without pay shall notify the Employer at least four (4) weeks in advance of the commencement date of such leave.
  2. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the officer;
    2. grant the officer parental leave without pay with less than four (4) weeks' notice;
    3. require an officer to submit a birth certificate or proof of adoption of the child.
  3. 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.

23.13 Parental Allowance

**

  1. An officer 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 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 officer will return to work on the expiry date of his/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 officer will work for a period equal to the period the officer was in receipt of the parental allowance, in addition to the period of time referred to in section 23.10(a)(iii)(B), if applicable;
      3. should he or she fail to return to work 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 officer 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 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 officer'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).

**

  1. Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where an officer is subject to a waiting period of two (2) weeks before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his/her weekly rate of pay for each week of the waiting period, less any other monies earned during this period;
    2. for each week the officer receives parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate of pay and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his/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 officer 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.

**

  1. At the officer's request, the payment referred to in subparagraph 23.13(c)(i) will be estimated and advanced to the officer. Adjustments will be made once the officer provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan parental benefits.

**

  1. The parental allowance to which an officer is entitled is limited to that provided in paragraph (c) and an officer will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or Parental Insurance Act in Quebec.

**

  1. The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time officer, the officer's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;

      Effective April 1, 2010:
      The weekly rate of pay is equal to the hourly rate provided in appendix "A-4", "B-4" or "C-4" as applicable multiplied by:
      • Forty-two (42) for full-time officers working under Appendix "H" or "I";
      • Forty-six (46) for full-time officers working under Appendix "J";
      • Forty (40) for full-time officers working under Appendix "K".
    2. for an officer 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 officer's straight time earnings by the straight time earnings the officer would have earned working full time during such period.
  2. The weekly rate of pay referred to in paragraph (f) shall be the rate to which the officer is entitled for the substantive level to which she or he is appointed.
  3. Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an officer is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate the officer was being paid on that day.
  4. Where an officer becomes eligible for a pay increment or pay revision while in receipt of parental allowance, the allowance shall be adjusted accordingly.
  5. Parental allowance payments made under the SUB Plan will neither reduce nor increase an officer's deferred remuneration or severance pay.

**

  1. The maximum combined 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.

23.14 Special Parental Allowance for Totally Disabled Officers

**

  1. An officer who:
    1. fails to satisfy the eligibility requirement specified in subparagraph 23.13(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 via the Government Employees Compensation Act prevents the officer from receiving Employment Insurance or Québec Parental Insurance Plan benefits,
      and
    2. has satisfied all of the other eligibility criteria specified in paragraph 23.13(a), other than those specified in sections (A) and (B) of subparagraph 23.13(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 officer's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act

    Effective April 1, 2010:
    The weekly rate of pay is equal to the hourly rate provided in appendix "A-4", "B-4" or "C-4" as applicable multiplied by:
    • Forty-two (42) for full-time officers working under Appendix "H" or "I";
    • Forty-six (46) for full-time officers working under Appendix "J";
    • Forty (40) for full-time officers working under Appendix "K".

**

  1. An officer shall be paid an allowance under this clause and under clause 23.13 for a combined period of no more than the number of weeks during which the officer would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan, had the officer not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph (a)(i).

23.15 Leave Without Pay for the Care and Nurturing of Preschool Age Children

Subject to operational requirements as determined by the Employer an officer shall be granted leave without pay for the personal care and nurturing of the officer's preschool age children in accordance with the following conditions:

  1. an officer 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;
  2. leave granted under this clause shall be for a minimum period of six (6) months;
  3. the total leave granted under this clause shall not exceed five (5) years during an officer's total period of employment in the Public Service;
  4. leave granted under this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and for the purpose of calculating vacation leave;
  5. time spent on such leave shall not be counted for pay increment purposes.

23.16 Leave Without Pay for Family-Related Needs

Leave without pay will be granted for family-related needs, in the following manner:

  1. Subject to operational requirements as determined by the Employer, leave without pay for a period of up to three (3) months will be granted to an officer for family-related needs.
  2. Subject to operational requirements as determined by the Employer, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an officer for family-related needs.
  3. An officer is entitled to leave without pay for family-related needs only once under each of (a) and (b) of this clause during the officer'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 subsection (a) of this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.
  5. Leave without pay granted under subsection (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and for the purpose of calculating vacation leave for the officer involved. Time spent on such leave shall not be counted for pay increment purposes.

23.17 Leave Without Pay for Relocation of Spouse

  1. At the request of an officer, leave without pay for a period of up to one (1) year shall be granted to an officer whose spouse is permanently relocated and up to five (5) years to an officer 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 vacation leave for the officer 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.

23.18 Leave With Pay for Family-Related Responsibilities

  1. For the purpose of this clause, family is defined as spouse (or common-law spouse resident with the officer), dependent children (including children of legal or common-law spouse), parents (including stepparents or foster parents), or any relative permanently resident in the officer's household or with whom the officer permanently resides.
  2. The Employer shall grant leave with pay under the following circumstances
    1. while an officer is expected to make every reasonable effort to schedule medical or dental appointments for dependent family members to minimize or preclude the officer's absence from work, however, when alternative arrangements are not possible, an officer shall be granted up to one-half (1/2) day for a medical or dental appointment when the dependent family member is incapable of attending the appointment by himself/herself, or for appointments with appropriate authorities in schools or adoption agencies. An officer requesting leave under this provision must notify his/her supervisor of the appointment as far in advance as possible;
    2. up to two (2) consecutive days of leave with pay to provide for the immediate and temporary care of a sick member of the officer's family and to provide an officer with time to make alternate care arrangements where the illness is of a longer duration;
    3. one (1) day's leave with pay for needs directly related to the birth or to the adoption of the officer's child. This leave may be divided into two (2) periods and granted on separate days;
    4. five (5) days marriage leave for the purpose of getting married provided the officer gives the Employer at least five (5) days notices.
  3. The total leave with pay which may be granted under subparagraph (b)(i), (ii), (iii) and (iv) shall not exceed five (5) days in a fiscal year.

23.19 Leave With or Without Pay for Other Reasons

At its discretion, the Employer may grant leave with or without pay for purposes other than those specified in this Agreement.

**(Arbitral Award June 27, 2008)

23.20 Volunteer Leave

Effective April 1, 2010, subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to eight (8) 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 officer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such times as the officer may request.

**(Arbitral Award June 27, 2008)

23.21 Personal Leave

Effective April 1, 2010, subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the officer shall be granted, in each fiscal year, a single period of up to eight (8) hours of leave with pay for reasons of a personal nature.

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

Article 24
Travelling Time

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

24.02 When an officer is required to travel to or from his/her headquarters area on government business, as this expression is defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the officer will be compensated for travelling time on that basis in accordance with clauses 24.03 and 24.04. Travelling time shall include time necessarily spent at each stopover en route provided such stopover is not longer than three (3) hours.

24.03 For the purposes of clauses 24.02 and 24.04, the travelling time to which an officer shall be compensated is as follows:

  1. for travel by public transportation, the time between the regularly scheduled time of departure and the regularly scheduled time of arrival at a destination, including the normal travel time to and from 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 officer's place of residence or work place, as applicable, direct to the officer's destination and, upon the officer's return, directly back to the officer's residence or work place;
  3. in the event that an alternate time of departure and/or means of travel is requested by the officer, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

24.04 If an officer is required to travel as set forth in clauses 24.02 and 24.03:

  1. On a normal working day on which the officer travels but does not work, the officer shall receive his/her regular pay for the day.
  2. On a normal working day on which the officer travels and works, the officer shall be paid:
    1. the officer's regular pay for the day for a combined period of travel and work not exceeding the officer's normal daily hours of work;
      and
    2. at the applicable overtime rate for additional travelling time in excess of the officer's normal daily hours of work, with a maximum payment for such additional travelling time not to exceed eight (8) hours' pay at the straight-time rate in any day.
  3. On a day of rest or on a designated holiday on which the officer travels, the officer shall be paid at the applicable overtime rate for travelling time to a maximum of eight (8) hours' pay at the applicable overtime rate.

24.05 Clause 24.04 above does not apply to an officer travelling by means of any type of transport in which the officer is required to perform work. In such circumstances, the officer shall receive the greater of:

  1. on a normal working day, the officer's regular pay for the day,
    or
  2. pay for actual hours worked in accordance with Articles 21 and 30 of this Agreement.

24.06 Subparagraph 24.04(b)(ii) does not apply to officers holding the position of Master/Commanding Officer, Dredge Master or Chief Engineer receiving Appendix "G".

24.07 Compensation under this Article shall not be paid for travelling time to courses, training sessions, conferences and seminars unless the officer is required to attend by the Employer.

24.08 The Employer may, at its discretion, provide chartered transportation between the vessel and the Officer's home port. In such circumstances, an officer will not be entitled to any other reimbursement under this article.

Article 25
Meals and Quarters

25.01 When an officer is working on a vessel which is equipped with a galley and quarters, the officer shall be entitled to receive meals and quarters, except as otherwise provided in clause 25.02.

25.02 When an officer is working on a vessel on which meals and/or quarters normally provided as per clause 25.01 are not available, and the Employer does not provide alternative meals and/or quarters, an officer shall be entitled to:

  1. when the vessel is away from home port, reimbursement for actual and reasonable costs incurred for meals and lodging;

**(Arbitral Award, Effective June 27, 2008)

  1. when the vessel is in home port, ten dollars and fifty cents ($10.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more.

25.03 When an officer is working on a vessel on which meals and/or quarters are not normally provided and the Employer does not provide alternative meals and/or quarters, the officer shall be entitled to:

**(Arbitral Award, Effective June 27, 2008)

  1. when the vessel is in home port, ten dollars and fifty cents ($10.50) per day in lieu of meals and quarters for a regular working day of less than twelve (12) hours and eleven dollars and fifty cents ($11.50) per day in lieu of meals and quarters for a regular working day of twelve (12) hours or more.
  2. when the vessel is berthing for one or more nights away from home port, reimbursement for actual and reasonable costs incurred for meals and lodging.

25.04 When an officer is working on a DND vessel which is equipped with a galley and quarters, the officer shall be subject to clause 25.01 and clause 25.02 preamble and part (a) except, when the vessel is on "day operations", only clause 25.03 shall apply.

25.05 When an officer is on authorized leave from a vessel, is absent without permission or is under suspension, clauses 25.01, 25.02, 25.03 and 25.04 shall not apply.

25.06 The Employer reserves the right to reject or reduce any claim for reimbursement made under paragraphs 25.02(a), 25.03(b) or clause 25.08 which it considers excessive, and all claims for lodging expenses shall be accompanied by a receipt.

25.07 Except as otherwise provided, herein, Article 25 of the collective agreement does not apply to officers assigned to shore-based positions, including but not limited to officers of the Instructors Sub-group. However, it is expressly understood that, "officers assigned to shore-based positions" does not include officers in maintenance parties, relief pools, or DND dockyards pilots.

25.08 Notwithstanding clauses 25.01, 25.02 and 25.03, but subject to clause 25.06, when an officer is required by the Employer to attend legal proceedings, training or other such work related activities, the Employer reserves the right, where in its opinion circumstances warrant, to reimburse actual and reasonable costs incurred for meals and/or lodging, where such costs exceed the amounts in 25.01, 25.02 or 25.03.

Article 26
Safety and Health

26.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of officers. Hazardous procedures shall be carried out in accordance with good seafaring practices. The parties undertake to consult at the local level 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 or unreasonable discomfort occasioned by the vessel being in the process of refit away from home port.

26.02 All vessels with living accommodations shall be inspected for health and sanitary conditions by a qualified medical officer and/or sanitary inspector not less frequently than once every twelve (12) months or, in the case of vessels on northern operations before departure and before the next subsequent voyage.

26.03 The Employer shall continue to make every effort to insure that the necessary medical care is provided to an officer who takes ill while on board a vessel.

26.04 Vessels which are scheduled to be at sea and beyond the normal range of medical evacuation by air to emergency medical services (EMS) or offshore medical capabilities shall have a registered nurse, or first aid attendant, authorized by competent authority to dispense medicine readily available.

26.05

  1. Upon written request, the results of a noise level survey will be made available to the Guild.
  2. Upon written request, copies of Inspection Certificates issued for a full term by the Canadian Coast Guard Ship Safety Branch will be made available to the Guild.

Article 27
Joint Consultation

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

27.02 Without prejudice to the position the Employer or the Guild may wish to take in future about the desirability of having the subjects dealt with by the provisions of collective agreements, the following subjects, as they affect officers covered by this Agreement, shall be regarded as appropriate subjects of consultation involving the Employer and the Guild during the terms of this Agreement:

  1. pay administration;
  2. relocation directive;
  3. disability insurance;
  4. training and other measures to deal with the effect on officers of technological change;
  5. recreational equipment and canteen facilities on vessels;
  6. provision to the Guild of departmental manuals and Treasury Board directives;
  7. provision of uniforms and protective clothing;
  8. education and upgrading;
  9. accommodations aboard vessels;
  10. sick leave.

27.03 With respect to the subjects listed in clause 27.02, the Employer agrees that new policies will not be introduced and existing regulations or directives will not be cancelled or amended by the Treasury Board in such a way as to affect officers covered by this Agreement, until such a time as the Guild has been given a reasonable opportunity to consider and to consult on the Employer's proposals.

27.04 Wherever possible, the Employer shall consult with representatives of the Guild at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

27.05

  1. The Employer and the Guild agree that meaningful consultation will be held whenever major operational changes that would have a significant effect on officers are envisaged under clauses 30.01 and 30.05, and the hours of work provisions of Appendices "I", "J" and "K".
  2. Consultation with the Guild may take place at the appropriate level of the departments involved and may be requested by either the Guild or a departmental representative. However, it would normally be expected that major changes referred to in paragraph 27.05(a), would be reviewed at the corporate level before implementation.

Article 28
Marine Disaster

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

28.02

  1. An officer shall submit to the Employer a full inventory of the officer's personal effects and shall be responsible for maintaining it in a current state.
  2. An officer or an officer's estate making a claim under this Article shall submit to the Employer reasonable proof of such loss, and shall submit a signed affidavit listing the individual items and values claimed.

28.03 In the event of a marine disaster or shipwreck the Employer will endeavour to arrange a transfer to another suitable position for an officer who would otherwise be laid off.



Date Modified: 2011-10-03
 
Return to Top of Page
 Top of Page
Important Notices