Directive on Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels

The directive provides direction to managers and designated senior officials to ensure the sound, consistent, effective, and equitable administration of the terms and conditions of employment for persons occupying certain excluded and unrepresented positions across the core public administration, where the terms and conditions of employment of such positions differ from those provided in the relevant collective agreement, or in any other Treasury Board policy instrument related to employment terms and conditions.
Date modified: 2020-04-01

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1. Effective date

  • 1.1This directive takes effect on April 1, 2020.
  • 1.2This directive replaces the Directive on Terms and Conditions of Employment for Certain Excluded/Unrepresented Employees dated April 1, 2009.

2. Authorities

  • 2.1This directive is issued pursuant to the authorities indicated in section 2 of the Policy on People Management.

3. Objectives and expected results

  • 3.1The objective of this directive is to ensure accurate, consistent, effective and equitable administration of the terms and conditions of employment for persons in certain excluded or unrepresented groups and levels.
  • 3.2The expected results of this directive are as follows:
    • 3.2.1Persons employed in certain excluded or unrepresented groups and levels receive appropriate monetary and non-monetary compensation; and
    • 3.2.2The terms and conditions of employment are applied in a timely, transparent, consistent and equitable manner.
  • 3.3Where there is conflict or incompatibility between a provision of the relevant collective agreement and this directive or another policy instrument of the Treasury Board specifying terms and conditions of employment, the provisions of this directive take precedence.

4. Requirements

  • 4.1The head of human resources is responsible for ensuring that employees receive accurate, consistent and timely administration of their terms and conditions of employment.
  • 4.2Managers are responsible for the following:
    • 4.2.1Providing employees with information on the terms and conditions of their employment, which are contained in this directive, in collective agreements, and in other Treasury Board policy instruments; and
    • 4.2.2Administering the terms and conditions of employment, which are contained in this directive, in collective agreements, and in other Treasury Board policy instruments.

5. Roles of other government organizations

  • 5.1The roles of other government organizations in relation to this directive are described in section 5 of the Policy on People Management.

6. Application

  • 6.1This directive applies to persons and organizations described in section 6 of the Policy on People Management.

7. References

8. Enquiries

  • 8.1

    For interpretation of any aspect of this directive, contact your departmental corporate labour relations or compensation officials. If necessary, departmental corporate labour relations or compensation officials may contact:

    Compensation and Collective Bargaining Management
    Employment Conditions and Labour Relations
    Office of the Chief Human Resources Officer
    Treasury Board of Canada Secretariat
    Email: Interpretations@tbs-sct.gc.ca


Appendix A: Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels – Group I

  • A.1

    Group I

    • A.1.1

      Group I consists of certain employees who occupy positions in the following job groups and levels.

      Job group Level
      Computer Systems CS-05
      Scientific Regulation – Patent Examination SG-PAT-08
      University Teaching UT-03, UT-04
  • A.2Hours of work
    • A.2.1The standard hours of work for Group I employees are normally 7.5 hours per day, 37.5 hours per week, but the nature of the work requires flexibility in arrival and departure times.
  • A.3Compensation related to hours of work
    • A.3.1Group I employees are not entitled to payment for overtime, call-back, standby duty, travel time, or to reporting pay, shift premiums or any other form of compensation that is dependent on a person completing a specified number of hours in a normal workweek.
  • A.4Management leave
    • A.4.1Group I employees who are required by management to work excessive hours, or who are required to work or travel on a day of rest or on a holiday, may be granted management leave by the responsible manager as considered appropriate.
  • A.5Advance of sick leave credits
    • A.5.1When a Group I employee does not have sufficient sick leave credits to cover a period of illness or injury, the responsible manager may advance up to 13 weeks of sick leave credits. Any advanced leave credits will be deducted from any sick leave credits that the employee subsequently earns.

Appendix B: Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels – Group II

  • B.1

    Group II

    • B.1.1

      Group II consists of certain employees in positions in the following job groups and levels.

      Job group Level
      Administrative Services AS-07, AS-08
      Financial Management FI-04
      Information Services IS-06
      Personnel Administration PE-06
      Purchasing and Supply PG-06
      Program Administration - Mediation Conciliation Sub-Group PM-MCO - Sectors 1, 2, 3, 4
      Translation TR-04, TR-05
      Welfare Programs WP-07
  • B.2Hours of work
    • B.2.1The standard hours of work for Group II employees are normally 7.5 hours per day, 37.5 hours per week, but the nature of the work requires flexibility in arrival and departure times.
  • B.3Compensation related to hours of work
    • B.3.1Group II employees are not entitled to payment for overtime, call-back, standby duty, travel time, or to reporting pay, shift premiums or any other form of compensation that is dependent on a person completing a specified number of hours in a normal workweek.
  • B.4Management leave
    • B.4.1Group II employees who are required by management to work excessive hours, or who are required to work or travel on a day of rest or on a holiday, may be granted management leave by the responsible manager as considered appropriate.
  • B.5Advance of sick leave credits
    • B.5.1When a Group II employee does not have sufficient sick leave credits to cover a period of illness or injury, the responsible manager may advance up to 13 weeks of sick leave credits. Any advanced leave credits will be deducted from any sick leave credits that the employee subsequently earns.
  • B.6Performance pay
    • B.6.1Group II employees are eligible for performance pay pursuant to the Directive on Performance Pay Administration for Certain Senior Excluded and Unrepresented Groups and Levels.

Appendix C: Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels – Group III

  • C.1

    Group III

    • C.1.1

      Group III consists of certain employees in positions in the following job groups and levels.

      Job group Level
      Medicine MD-MOF-04, MD-MOF-05, MD-MSP-03
  • C.2Hours of work
    • C.2.1The standard hours of work for Group III employees are normally 7.5 hours per day, 37.5 hours per week, but the nature of the work requires flexibility in arrival and departure times.
  • C.3Compensation related to hours of work
    • C.3.1Group III employees are not entitled to payment for overtime, call-back, standby duty, travel time, or to reporting pay, shift premiums or any other form of compensation that is dependent on a person completing a specified number of hours in a normal workweek.
  • C.4Management leave
    • C.4.1Group III employees who are required by management to work excessive hours, or to work or travel on a day of rest or on a holiday, may be granted management leave by the responsible manager as considered appropriate.
  • C.5Advance of sick leave credits
    • C.5.1When a Group III employee does not have sufficient sick leave credits to cover a period of illness or injury, the responsible manager may advance up to 130 working days of sick leave credits. Any advanced leave credits will not be recovered from sick leave credits that the employee subsequently earns.
    • C.5.2No employee may be granted sick leave during a period when he or she is on leave without pay or is under suspension.
  • C.6Vacation leave
    • C.6.1For each calendar month in which a Group III employee has earned at least 10 days’ pay, the employee earns:
      • C.6.1.1One and two thirds (1 2/3) days per month (4 weeks per year) of vacation leave credits on appointment to one, or a combination, of the specified group and levels
      • C.6.1.2Two and one-twelfth (2 1/12) days per month (5 weeks per year) of vacation leave credits beginning the month of the earliest attainment of:
        • C.6.1.2.110 years of service in one, or a combination of the specified group and levels;
        • C.6.1.2.215 years of service of which five or more are in one, or a combination of the specified group and levels.
    • C.6.2For those Group III employees who have not attained five years of service in one, or a combination. of the specified group and levels:
      • C.6.2.1One and five-sixths (1 5/6) days per month (4.4 weeks per year) of vacation leave credits, starting in the month of the employee’s fifteenth (15th) anniversary of service,
      • C.6.2.2One and eleven-twelfths (1 11/12) days per month (4.6 weeks per year) of vacation leave credits, starting in the month of the employee’s seventeenth (17th) anniversary of service;
      • C.6.2.3Two and one-twelfth (2 1/12) days per month (5 weeks per year) of vacation leave credits, starting in the month of the employee’s eighteenth (18th) anniversary of service;
      • C.6.2.4Two and one-quarter (2 1/4) days per month (5.4 weeks per year) of vacation leave credits, starting in the month of the employee’s twenty-fifth (25th) anniversary of service;
      • C.6.2.5Two and one-half (2 1/2) days per month (6 weeks per year) of vacation leave credits, starting in the month of the employee’s twenty-eighth (28th) anniversary of service.
    • C.6.3For this section, “service” means continuous and discontinuous employment with any organization that is subject to the Financial Administration Act or with any organization for which the individual was a contributor under the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.
    • C.6.4Exceptions:
      • C.6.4.1Employees who were appointed to one of the specified group and levels from another group in the core public administration on or after April 1, 2004, and who had previously earned vacation leave credits at a rate greater than one and two-thirds (1 2/3) days per month (4 weeks per year) will continue to earn vacation leave credits at the rate of entitlement on the day prior to appointment, until they qualify to earn the next level of entitlement under the executive provisions;
      • C.6.4.2Employees appointed to one of the specified group and levels from outside the core public administration, who are included in the definition of service, as defined in C.6.3, and who were entitled to vacation leave credits greater than one and two-thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration, are entitled to keep earning their vacation leave credits at the same rate as prior to being appointed to one of the specified group and levels, provided that the vacation entitlement rate does not exceed two and one-half (2 1/2) days per month (6 weeks per year);
      • C.6.4.3Employees appointed to one of the specified group and levels from outside the core public administration to whom the definition of service does not apply, as defined in C.6.3, and who were entitled to vacation leave credits greater than one and two-thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration, are eligible, at the discretion of the deputy head, to keep earning their vacation leave credits at the same rate as prior to being appointed to the executive position, provided that:
        • C.6.4.3.1The employee demonstrates that their vacation entitlement was greater than one and two-thirds (1 2/3) days per month (4 weeks per year) while employed outside the core public administration, and
        • C.6.4.3.2The vacation entitlement rate does not exceed two and one-half (2 1/2) days per month (6 weeks per year).
  • C.7Performance pay
    • C.7.1Group III employees are eligible for performance pay pursuant to the Directive on Terms and Conditions of Employment for Executives.

Appendix D: Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels - Group IV

  • D.1

    Group IV

    • D.1.1

      Group IV consists of certain employees who occupy the following job groups and levels.

      Job group Level
      Police Operations Support PO-IMA-01, PO-IMA-02, PO-IMA-03, PO-TCO-01, PO-TCO-02, PO-TCO-03, PO-TCO-04
  • D.2Hours of work
    • D.2.1For employees working on a regular and non-rotating basis:
      • D.2.1.1Hours of work will be scheduled so that employees work 7.5 hours per day and 5 days per week, for a total of 37.5 hours per week;
      • D.2.1.2Hours of work may be scheduled in such a way that an employee completes the weekly hours over a period other than 5 days provided that the employee works an average of 37.5 hours per week over a period of 28 calendar days;
      • D.2.1.3In every 28-day period, such an employee will be granted days of rest on days that are not scheduled as normal workdays for that employee;
      • D.2.1.4Attendance reporting will be determined in consultation between the employee and the responsible manager;
      • D.2.1.5Notwithstanding anything to the contrary, the implementation of any variation in hours will not result in any additional overtime work or any additional payment by reason only of such variation, nor will it be deemed to prohibit the right of the employer to schedule any hours of work permitted otherwise.
    • D.2.2For employees working on an irregular and rotating basis:
      • D.2.2.1Hours of work will be scheduled so that employees:
        1. work an average of 37.5 hours per week and an average of 5 days per week,
        2. work an average of 7.5 hours per day,
        3. can average their hours over a period not exceeding 126 days;
      • D.2.2.2The employer will make an effort to schedule a meal break of 0.5 hours during each full shift, which will not constitute part of the work period;
      • D.2.2.3When an employee’s scheduled shift starts on one day and ends on another, the shift is considered to have been entirely worked:
        1. On the day it started, when 1/2 or more of the hours worked fall on that day, or
        2. On the day it ends, when more than 1/2 of the hours worked fall on that day;
      • D.2.2.4An employee’s first day of rest starts immediately after midnight of the calendar day on which the employee worked or is considered to have worked his or her last scheduled shift;
      • D.2.2.5The employee’s second day of rest starts immediately after midnight of the employee’s first day of rest or, if the days of rest are separated by a designated paid holiday, immediately after midnight of that designated paid holiday;
      • D.2.2.6The employer will make an effort to do the following:
        1. Avoid scheduling the start of an employee’s shift within 8 hours of the completion of the employee’s previous shift,
        2. Avoid excessive fluctuations in hours of work,
        3. Consider the wishes of the employees concerned in the arrangement of shifts within a shift schedule,
        4. Arrange shifts over a period not exceeding 56 days,
        5. Post each schedule at least 14 days before the start of the schedule, and
        6. Grant employees at least 2 consecutive days of rest;
      • D.2.2.7It may be operationally advantageous to implement work schedules for employees that differ from what is specified in this appendix. When employees are scheduled in a manner that differs from what is specified, the employer will consult with the employees affected;
      • D.2.2.8If an employee receives less than 48 hours’ notice of a change in his or her shift schedule, the employee will be paid at 1.5 times his or her normal rate of pay for the first shift changed; and
      • D.2.2.9Subsequent shifts worked on the new schedule will be paid at straight time. The employee will retain his or her previously scheduled days of rest following the change. If the employee worked on those days of rest, he or she will be compensated in accordance with the relevant collective agreement.

Appendix E: Terms and Conditions of Employment for Certain Excluded and Unrepresented Groups and Levels – Group V

  • E.1

    Group V

    • E.1.1

      Group V consists of certain employees who occupy the following job group and level.

      Job group Level
      Correctional Services CX-04
  • E.2Hours of work
    • E.2.1All matters related to the scheduling of Group V employees will be handled in a manner consistent with the scheduling of employees at other CX levels.
    • E.2.2Normal hours of work for Group V employees are to be established in a manner that ensures that the average weekly hours and days are consistent with all other CX levels.
    • E.2.3With the exception of E.2.1 and E.2.2 above, Appendix K of the Correctional Services collective agreement does not apply to this group.

Appendix F: Definitions

Definitions to be used in the interpretation of this directive can be found in this appendix and Appendix D of the Policy on People Management.

excluded employee (employé exclu)
Is a person who occupies a position that has been identified by the employer in accordance with the Federal Public Sector Labour Relations Act as not being represented by a bargaining agent because of the nature of the duties of the position.
unrepresented group (groupe non représenté)
Is an occupational group or sub-group that is not represented by a bargaining agent.
unrepresented employee (employé non représenté)
Is a person appointed to a position that is not represented by a bargaining agent.

© Her Majesty the Queen in Right of Canada, represented by the President of the Treasury Board, 2017,
ISBN: 978-0-660-09694-0

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