PART I - GENERAL

Article 1: Purpose and scope of agreement

1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Agency, the Alliance and the employees, and to set forth certain terms and conditions of employment upon which agreement has been reached through collective bargaining.

1.02 The parties to this agreement share a commitment to the protection, the promotion and the presentation of Canada’s national parks, national historic sites and related heritage areas. Accordingly, they wish to promote an effective working relationship and the well-being of employees of the Agency, in order that the people of Canada will be well and efficiently served.

Article 2: Interpretation and definitions

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“Agency” means the employer, the Parks Canada Agency and includes any person authorized to exercise authority on its behalf (Agence),

“Alliance” means the Public Service Alliance of Canada (Alliance),

“allowance” means compensation payable for the performance of special or additional duties (indemnité),

“alternate provision” means a provision of this agreement which may only have application to certain employees within the bargaining unit (disposition de dérogation),

“annual rate of pay” (for employees classified as GL and GS) means an employee’s weekly rate of pay multiplied by fifty-two decimal one seventy-six (52.176) (taux de rémunération annuel),

“bargaining unit” means the employees of the Agency in the group described in article 8 (unité de négociation),

“common-law partner” means a person cohabiting in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait),

“compensatory leave” means leave with pay in lieu of cash payment for overtime, standby, traveling time compensated at overtime rate, and reporting pay, and premium pay for time worked on a designated paid holiday. The duration of such leave will be equal to the time compensated or the minimum time entitlement multiplied by the applicable overtime rate. The rate of pay to which an employee is entitled during such leave shall be based on the employee’s hourly rate of pay as calculated from the classification prescribed in the employee’s letter of offer on the day immediately prior to the day on which leave is taken (congé compensateur),

“continuous employment” has the same meaning as specified in the Terms and Conditions of Employment Policy of the Agency on the date of signing of this agreement (emploi continu),

“day” means a twenty-four (24) hour period commencing at 00:01 hour (jour),

“daily rate of pay” means a full-time employee’s weekly rate of pay divided by five (5). For employees classified as GL and GS, this means the employee’s hourly rate of pay times the employee’s normal number of hours of work per day (taux de rémunération journalier),

“day of rest” in relation to a full-time employee means a day other than a holiday on which that employee is not ordinarily required to perform the duties of his/her position other than by reason of the employee being on leave or absent from duty without permission (jour de repos),

“employee” means a person so defined by the Federal Public Sector Labour Relations Act and who is a member of the bargaining unit (employé-e),

“excluded provision” means a provision of this agreement which may have no application to certain employees within the bargaining unit and for which there are no alternate provisions (disposition exclue),

“family” except where otherwise specified in the Agreement, means father, mother (or alternatively stepfather, stepmother, or foster parent), brother, sister, step -brother, step-sister, spouse (including common-law partner cohabiting with the employee), child (including child of common-law partner), stepchild, foster child or ward of the employee, grandchild, father-in-law, mother-in-law, daughter-in-law, son-in-law, the employee’s grandparents and relative permanently residing in the employee’s household or with whom the employee permanently resides (famille),

“hourly rate of pay” except for employees classified as GL and GS, means a full-time employee’s weekly rate of pay divided by thirty-seven decimal five (37.5) or forty (40) in accordance with the Hours of Work Code (taux de rémunération horaire),

“holiday” (jour férié) means:

“lay-off” means the termination of an employee’s employment because of lack of work or because of the discontinuance of a function (mise en disponibilité),

“leave” means authorized absence from duty by an employee during her/his regular or normal hours of work (congé),

“membership dues” means the dues established pursuant to the constitution of the Alliance as the dues payable by its members as a consequence of their membership in the Alliance, and shall not include any initiation fee, insurance premium, or special levy (cotisations syndicales),

“overtime” (heures supplémentaires) means:

“remuneration” means pay and allowances (rémunération),

“spouse” is one of two persons legally married to one another, or who has participated in a public commitment ceremony as provided for in article 44.02, or an individual in a relationship who has lived with another person for a period of at least one (1) year, has publicly represented that person as his/her spouse, and continues to live with that person as if that person were his/her spouse (conjoint),

“weekly rate of pay”, means an employee’s annual rate of pay divided by fifty-two decimal one seven six (52.176). For employees classified as GL and GS, this means an employee’s daily rate of pay multiplied by five (5) (rémunération hebdomadaire).

1. if defined in the Federal Public Sector Labour Relations Act (FPSLRA)), have the same meaning as given to them in the FPSLRA, 
and
2. if defined in the Interpretation Act, but not defined in the Federal Public Sector 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 Alliance, employees and the Agency.

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

3.03 In this Agreement, expressions referring to employee or the masculine or feminine gender are meant for all employees, regardless of gender.

Article 4: Precedence of legislation and the collective agreement

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

Article 5: management rights

5.01 Except to the extent provided herein, this agreement in no way restricts the authority of those charged with managerial responsibilities in the Agency.

Article 6: agency policies

6.01 a) The following Agency policies, as existing on the date of signing of the agreement and as amended from time to time in accordance with this article, shall form part of this agreement:

(i) Travel
(ii) Isolated Posts
(iii) First Aid to the Public
(iv) Bilingualism Bonus
(v) Uniforms

b) The Agency agrees to amend the above policies to match changes in rates and entitlements as may be made from time to time in respect of the similar National Joint Council (NJC) Directives.

6.02 The Agency will maintain the current Relocation benefit levels within the Integrated Relocation Program for the life of the program. In no circumstances will the entitlements be less than those of the NJC Relocation Directive.

6.03 The Agency further agrees that it shall maintain the current Agency policies in effect at the date of signing:

(i) Living Accommodation Allowances
(ii) Commuting Assistance

Article 7: dental care plan

7.01 The Agency will continue to offer coverage to employees under the Dental Care Plan as contained in the agreement between the Treasury Board Secretariat and the Public Service Alliance of Canada, as amended from time to time by the terms and conditions of the Dental Care Plan between the Public Service Alliance of Canada and the Treasury Board Secretariat.

Article 8: recognition

8.01 The Agency recognizes the Alliance as the exclusive bargaining agent for all employees described in the certificate issued by the Federal Public Sector Labour Relations and Employment Board (FPSLREB) on May 1, 2001.

Article 9: information

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

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9.02 Employees of the bargaining unit will be given electronic access to the collective agreement. Where access to the agreement is deemed unavailable or impractical by an employee, the employee will be supplied with a printed copy of the agreement upon request once during the life of the current collective agreement.

Article 10: check-off

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

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

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

10.04 An employee who satisfies the Alliance to the extent that he/she declares in an affidavit that he/she is a member of a religious organization whose doctrine prevents him/her as a matter of conscience from making financial contributions to an employee organization and that he/she will make contributions to a charitable organization registered pursuant to the Income Tax Act, an amount equal to the monthly dues, shall not be subject to this article, provided that the affidavit submitted by the employee is countersigned by an official representative of the religious organization involved. The Alliance will inform the Agency accordingly.

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

10.06 The amounts deducted in accordance with clause 10.01 shall be remitted to the Comptroller of the Alliance within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee’s behalf.

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

10.08 The Alliance agrees to indemnify and save the Agency 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 Agency limited to the amount actually involved in the error.

Article 11: Use of agency facilities

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

11.02 The Agency will also continue its present practice of making available to the Alliance specific locations on its premises for the placement of reasonable quantities of literature of the Alliance.

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

Article 12 employee representatives

12.01 The Agency acknowledges the right of the Alliance to appoint or otherwise select employees as representatives.

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

12.03 The Alliance shall notify the Agency in writing of the name and jurisdiction of its representatives identified pursuant to clause 12.02.

12.04

a) A representative shall obtain the permission of his or her immediate supervisor before leaving his/her work to investigate employee complaints of an urgent nature, to meet with local management for the purpose of dealing with grievances and to attend meetings called by management. Such permission shall not be unreasonably withheld. Where practicable, the representative shall report back to his/her supervisor before resuming his/her normal duties.

b) Where practicable, when management requests the presence of an Alliance representative at a meeting, such request will be communicated to the employee’s supervisor.

c) An employee shall not suffer any loss of pay when permitted to leave his/her work under paragraph a).

12.05 The Alliance shall have the opportunity to have an employee representative introduced to employees newly appointed to the Agency, by the most practical means available, within one month of the employee’s start date and as part of the Agency’s formal orientation programs, where they exist.

12.06 The Alliance shall provide the Agency a list of such Alliance representatives and shall advise promptly of any change made to the list.

12.07 A duly accredited representative of the Alliance may be permitted access to the Agency’s premises, which includes vessels, to assist in the resolution of a complaint or grievance and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Agency.

Article 13: Leave with or without pay for alliance business

Complaints made to the Federal Public Sector Labour Relations and Employment Board Pursuant to Section 190 (1) of the Federal Public Sector Labour Relations Act (FPSLRA).
 
13.01 When operational requirements permit, in cases of complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the FPSLRA 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 FPSLRA, the Agency will grant leave with pay:

a) To an employee who makes a complaint on her/his own behalf, before the Federal Public Sector Labour Relations and Employment Board,

And

b) To an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Alliance making a complaint.

Applications for Certification, Representations, and Interventions with respect to Applications for Certification

13.02 When operational requirements permit, the Agency will grant leave without pay:

a) To an employee who represents the Alliance in an application for certification or in an intervention,

And

b) To an employee who makes personal representations with respect to a certification.

13.03 The Agency will grant leave with pay:

a) To an employee called as a witness by the Federal Public Sector Labour Relations and Employment Board,

And

b) When operational requirements permit, to an employee called as a witness by an employee or the Alliance.

Arbitration Board Hearings, Public Interest Commission Hearings, and Informal Conflict Management Process

13.04 When operational requirements permit, the Agency will grant leave with pay to a reasonable number of employees representing the Alliance before an Arbitration Board, Public Interest Commission or in an Informal Conflict Management (ICM) Process.

13.05 The Agency will grant leave with pay to an employee called as a witness by an Arbitration Board, Public Interest Commission or in an ICM Process and, when operational requirements permit, leave with pay to an employee called as a witness by the Alliance.
 
Adjudication

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

a) A party to the adjudication,
b) The representative of an employee who is a party to an adjudication, and
c) A witness called by an employee who is a party to an adjudication.

Meetings During the Grievance Process

13.07 Where an employee representative wishes to discuss a grievance or a labour relations complaint related to an Agency policy with an employee who has asked or is obliged to be represented by the Alliance in relation to the presentation of his/her grievance or complaint, the Agency will, where operational requirements permit, give them reasonable leave with pay for this purpose when the discussion takes place within their field unit or service center or national office area and reasonable leave without pay when it takes place outside their field unit or service center or national office area or established jurisdiction.

13.08 Subject to operational requirements:

a) When the Agency originates a meeting with a grievor in her/his field unit or service center or national office area, she/he will be granted leave with pay and “on duty” status when the meeting is held outside the grievor’s field unit or service center or national office area,

b) When a grievor seeks to meet with the Agency, he/she will be granted leave with pay when the meeting is held in his/her field unit or service center or national office area and leave without pay when the meeting is held outside her/his field unit or service center or national office area,

And

c) When an employee representative attends a meeting referred to in this clause, he/she will be granted leave with pay when the meeting is held in her/his field unit or service center or national office area and leave without pay when the meeting is held outside his/her field unit or service center or national office area or established jurisdiction.
 
Contract Negotiation Meetings

13.09
a) When operational requirements permit, the Agency will grant leave without pay to an employee for the purpose of attending contract negotiation meetings on behalf of the Alliance.

b) For administrative purposes, the Agency will continue to pay the employee and the Alliance will reimburse the employer for the salary costs of the employee within sixty
(60) days of receiving the request for payment from the Agency.

Preparatory Contract Negotiation Meetings

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

Meetings Between the Alliance and Management not Otherwise Specified in this Article

13.11 When operational requirements permit, the Agency will grant leave with pay to a reasonable number of employees who are meeting with management on behalf of the Alliance.

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Board of Directors Meetings, Executive Board Meetings, and Conventions, Conferences, and Committee Meetings

13.12 Subject to operational requirements, the Employer shall grant leave without pay to a reasonable number of employees to attend:

a) Meetings of the Board of Directors of the Alliance,
b) Meetings of the National Executive of the components,
c) Executive Board meetings of the Alliance,
d) Conventions, and conferences of the Alliance, the components, the Canadian Labour Congress, and the Territorial and Provincial Federations of Labour, and
e) Alliance recognized committee meetings of the Alliance, the components, the Canadian Labour Congress, and the Territorial and Provincial Federations of Labour.

Representatives’ Training Courses

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

Component and Alliance Executive Positions

13.14 Except where otherwise specified in this article, the Agency will grant leave without pay to an employee who is elected as a full-time official of the Alliance within one (1) month after
 
Notice is given to the Employer of such election. The duration of such leave shall be for the period the employee holds such office.

13.15 For administrative purposes only, the Agency will continue to pay the employee who has been granted leave under articles 13.02, 13.09, 13.10, 13.12 and 13.13. The Alliance will reimburse the Agency for the salary and benefit costs of the employee during the period of approved leave, within sixty (60) days of receiving the request for payment from the Agency according to the terms established by the joint agreement.

Article 14: Employees on premises of other employers

Article 15: discipline

15.01 When an employee is suspended from duty or terminated, the Agency undertakes to notify the employee in writing of the reason for such suspension or termination. The Agency shall endeavour to give such notification at the time of suspension or termination.

15.02 When an employee is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him/her or to render a disciplinary decision concerning her/him, the employee shall be informed by the Agency that, at her/his request, the employee is entitled to have a representative of the Alliance attend the meeting. The employee shall receive a minimum of two (2) days’ notice of such a meeting.

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

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

15.05 Any document or written statement related to disciplinary action, which may have been placed on the personnel file of an employee, shall be destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period.

15.06 When an employee and/or a union representative is required to attend disciplinary or administrative meetings or investigations with the Agency that fall outside their normal hours or during a period of seasonal layoff, they shall be compensated by the Agency as if they had reported to work.

Article 16: grievance procedure

16.01 General

The following shall apply to individual, group or policy grievances as specified in the Federal Public Sector Labour Relations Act (FPSLRA).

a) In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated paid holidays shall be excluded.

b) The time limits stipulated in this procedure maybe extended by mutual agreement between the Agency and the employee and, where appropriate, the Alliance representative.
c) Under section 62 of the Federal Public Sector Labour Relations Regulations (FPSLRR), if the parties avail themselves of an informal conflict management system established under section 207 of the FPSLRA to settle a grievance, the time prescribed in this part is suspended until either party gives to the other notice in writing to the contrary.

d) Where a grievance or a reply is presented by mail, it shall be deemed to have been presented on the day on which it is postmarked and to have been received on the date it is delivered or three (3) business days after it is postmarked, whichever is the earlier.
e) A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Agency.

f) No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon a grievance or refrain from exercising his or her right to present a grievance as provided in this agreement.

g) The party that raises an issue relating to the interpretation or application of the Canadian Human Rights Act in referring an individual, group or policy grievance to adjudication shall give notice of such to the Canadian Human Rights Commission in accordance with the regulations.

16.02 Meeting Outside Normal Hours

When the Agency originates a grievance hearing, arbitration/adjudication hearing, Informal Conflict Management (ICM)/Independent Third Party Review (ITPR) meeting, or other meeting with the employee related to the disposition of a grievance that falls outside their normal hours or during a period of seasonal layoff, the employee and/or the union representative shall be compensated by the Agency as if they had reported to work.
 
16.03 Individual Grievances

a) Subject to and as provided in Section 208 of the Federal Public Sector Labour Relations Act (FPSLRA), an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Agency is entitled to present a grievance in the manner prescribed in sub-paragraph (b) except that where the grievance relates to the interpretation or application of this agreement or an arbitral award, the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Alliance.
b) An employee who wishes to present a grievance at a prescribed step in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer- in-charge who shall forthwith:

(i) Forward the grievance to the representative of the Agency authorized to deal with grievances at the appropriate step,

And

(ii) Provide the employee with a receipt stating the date on which the grievance was received by him or her.

16.04 Steps in the Grievance procedure

a) Except as otherwise provided in this agreement, a grievance shall be processed by recourse to the following steps:

(i) Step 1 - first level of management, as delegated by the Agency;

(ii) Final step - Chief Executive Officer or authorized representative.

b) Where it appears that the nature of the grievance is such that a decision cannot be given at the first step, the first step may be eliminated by agreement of the Agency and the employee, and, where applicable, the Alliance.
c) Grievances concerning disciplinary and non-disciplinary demotions/terminations for cause shall be presented directly at the final step.

d) An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.

16.05 Representatives of Agency

The Agency shall inform the Alliance of the name or title of the individual at each step to whom a grievance is to be presented, and shall inform employees by means of notices posted in places
 
Where such notices are most likely to come to the attention of the employees, or otherwise as determined by agreement between the Agency and the Alliance.

16.06 Time limits

a) An employee may present a grievance at the first step not later than the twenty-fifth (25th) day after the date on which he or she first becomes aware of the action or circumstances giving rise to the grievance.

b) The Agency shall reply to an employee’s grievance at the first step within fifteen (15) days after the date the grievance is presented. Where such decision or settlement is not satisfactory to the employee, or the Agency does not reply within the time frame specified in this Article, he or she may, within ten (10) days, submit a grievance at the final step.

c) The Agency shall reply to an employee’s grievance at the final step within thirty (30) days after the date the grievance is presented at that step.

d) An employee who fails to present a grievance to the final step within the prescribed time limits shall be deemed to have abandoned the grievance, unless the employee was unable to comply with the prescribed time limits due to circumstances beyond his or her control.

16.07 Representation

a) An employee may be assisted and/or represented by the Alliance when presenting a grievance at any step.
b) Where an employee has been represented by the Alliance, the Agency shall provide the appropriate representative of the Alliance with a copy of the Agency’s decision at each step of the grievance procedure at the same time that the decision is conveyed to the employee.
c) The Alliance shall have the right to consult with the Agency with respect to a grievance at each step of the grievance procedure. Where consultation is with an authorized representative of the Chief Executive Officer, that person shall render the decision.

16.08 Adjudication

a) The decision given by the Agency at the final step in the grievance procedure shall be final and binding upon the employee unless the grievance relates to:

(i) The interpretation or application in respect of him or her of a provision of this agreement or a related arbitral award,

Or

(ii) Disciplinary action resulting in suspension or a financial penalty,
 
Or

(iii) Termination of employment or demotion for cause pursuant to section 13 (3) of the
Parks Canada Agency Act,

In which case the grievance may be referred to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act and its Regulations.

b) Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Alliance signifies in the prescribed manner:

(iv) Its approval of the reference of the grievance to adjudication, and
(v) Its willingness to represent the employee in the adjudication proceedings.

16.09 Group Grievances

a) Subject to and as provided in sections 215 and 216 of the Federal Public Sector Labour Relations Act, the Alliance may present the Agency a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of the collective agreement or an arbitral award.

In order to present the grievance, the Alliance must first obtain the consent of each of the employees concerned in the form provided for at subsection 77(2) of the Federal Public Sector Labour Relations Regulations (FPSLRR). The consent of an employee is valid only in respect of the particular group grievance for which it is obtained.

b) A group grievance shall be processed by recourse to the following steps:

(i) Step 1 - first level of management, as delegated by the Agency;

(ii) Final step - Chief Executive Officer or authorized representative.

c) The Agency shall inform the Alliance of the name or title of the individual at each step to whom a grievance is to be presented and shall inform employees by means of notices posted in places where such notices are most likely to come to the attention of the employees, or otherwise as determined by agreement between the Agency and the Alliance.
 
d) The Alliance shall have the right to consult with the Agency with respect to a grievance at each step of the grievance procedure. Where consultation is with an authorized representative of the Chief Executive Officer, that person shall render the decision.

(i) The Alliance may present a group grievance at the first step not later than the twenty-fifth (25th) day after the date on which it becomes aware of the action or circumstances giving rise to the grievance.

(ii) The Agency shall reply to the group grievance at the first step within fifteen (15) days after the date the grievance is presented. Where such decision or settlement is not satisfactory to the Alliance, or the Agency does not reply within the time frame specified in this Article, it may, within ten (10) days, submit a grievance at the final step.

(iii) The Agency shall reply to a group grievance at the final step within thirty (30) days after the date the grievance is presented.

e) Where it appears that the nature of the group grievance is such that a decision cannot be given below a particular step of authority, the first step may be eliminated by agreement of the Agency and the Alliance.

f) The Alliance may, by written notice to the Agency, withdraw a group grievance.

16.10 Opting out of a Group Grievance

a) An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the Alliance that the employee no longer wishes to be involved in the group grievance.

b) The Alliance shall provide to the representatives of the Agency authorized to deal with the group grievance, a copy of the notice received pursuant to paragraph a) above.

c) After receiving the notice, the Alliance may not pursue the grievance in respect of the employee.

16.11 Where the Alliance fails to present the group grievance to the final step within the prescribed time limits, it shall be deemed to have abandoned the grievance unless in the opinion of the Agency, and after consultation with the Alliance, the Alliance was unable for reasons beyond its control to comply with the prescribed time limits.

16.12 The Alliance may refer to adjudication any group grievance that has been presented up to and including the final step in the grievance process and that has not been dealt with to its satisfaction.
 
16.13 Policy Grievances

a) The Agency or the Alliance may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally.

b) A policy grievance shall be presented at the final step in the grievance procedure to the representative of the Alliance or the Agency, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received.

c) The Agency and the Alliance shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in- charge to whom a grievance is to be presented.

d) The Agency or the Alliance may present a grievance in the manner prescribed in a) above not later than the twenty-fifth (25th) day after the date on which it received notification or on which it first had good reason to be aware of the action or circumstances giving rise to the policy grievance.

e) The Agency or the Alliance shall normally reply to the grievance within thirty (30) days of when the grievance is prescribed.

f) The Agency or the Alliance, as the case may be, may, by written notice to the other party, withdraw a grievance.

g) A party that presents a policy grievance may refer it to adjudication in accordance with the provisions of the Federal Public Sector Labour Relations Act.

Article 17: No discrimination and sexual harassment

Article 18: joint consultation

Article 19: health & safety

Article 20: job security

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

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20.02 Through Labour Management Consultation Committees, or through another forum as agreed upon by both parties, departmental and Alliance representatives shall meet to discuss and exchange on issues associated with contracting out, such as but not limited to, the influence on working conditions, complexity of tasks, information on contractors in the workplace, future resource and service requirements, skills inventories, knowledge transfer, position vacancies, workload, and managed services.

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20.03 Where practicable and when indeterminate employees are affected by workforce adjustment situations, and provided the employee is capable of performing the necessary work, preference shall be given to their retention over re-engaging a contractor.

Article 21: technological change

21.01 The parties have agreed that in cases where as a result of technological change the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, Appendix “K” on Work Force Adjustment will apply. In all other cases the following clauses will apply.

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21.02 In this article “technological change” means:

a) The introduction by the Agency of equipment, material, systems or software of a different nature than that previously utilized;

And

b) A significant change in the Agency’s operation directly related to the introduction of that equipment, material, systems or software.

21.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Agency’s operations. Where technological change is to be implemented, the Agency will seek ways and means of minimizing adverse effects on employees which might result from such changes.

21.04 The Agency agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and eighty (180) days written notice to the Alliance of the introduction or implementation of technological change when it will result in significant changes in the employment status or working conditions of the employees.

21.05 The written notice provided for in clause 21.04 will provide the following information:

a) The nature and degree of the technological change;

b) The date or dates on which the Agency proposes to effect the technological change;

c) The location or locations involved;

d) The approximate number and type of employees likely to be affected by the technological change;

e) The effect that the technological change is likely to have on the terms and conditions of employment of the employees affected.

21.06 As soon as reasonably practicable after notice is given under clause 21.04, the Agency shall consult meaningfully with the Alliance concerning the rationale for the change and the topics referred to in clause 21.05 on each group of employees, including training.
 
21.07 When, as a result of technological change, the Agency determines that an employee requires new skills or knowledge in order to perform the duties of the employee’s substantive position, the Agency will make every reasonable effort to provide the necessary training during the employee’s working hours without loss of pay and at no cost to the employee.

Article 22: hours of work

22.01 For the purposes of this article:

a) “day” means a twenty-four (24) hour period commencing at 00:01 hour;

b) “week” means a period of seven (7) consecutive days beginning at 00:01 hour Monday morning and ending at 24:00 hours the following Sunday night.

c) The normal hours of work per week which shall be performed by employees shall be as indicated by the letter Code under the column headed Hours of Work Code in Appendix “B”. The Code letters shall denote the following normal weekly hours of work:

Letter Code Normal Weekly Hours of Work
X   37.5
  Y   40

22.02 An employee’s scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

22.03 The Agency will review with the local Alliance representative(s) any changes to hours of work which the Agency proposes to institute, when such change will affect the majority of employees governed by the schedule. In all cases following such reviews, the Agency will, where practical, accommodate such employee representations as may have been conveyed by the Alliance representative(s) during the meeting.

By mutual agreement, in writing, the Agency and the local Alliance representative(s) may waive the application of change of shift with no notice provision.

22.04 Provided sufficient advance notice is given and with the approval of the Agency, employees may exchange shifts if there is no increase in cost to the Agency.

22.05

a) Except as provided for in clause 22.10, the normal workweek shall be thirty -seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code), exclusive of lunch periods, comprising five (5) days of seven decimal five (7.5) or eight
(8) consecutive hours (in accordance with the Hours of Work Code) each, Monday to Friday. The workday shall be scheduled to fall within a nine (9)-hour period between 6:00a.m. to 6:00 p.m., unless otherwise agreed in consultation between the Alliance and the Agency at the appropriate level.

b) The scheduled weekly and daily hours of work stipulated in 22.05 a) and 22.10 may be varied by the Agency, following meaningful consultation with the Alliance, to allow for summer and winter hours, provided the annual total is not changed.
 
22.06 Subject to operational requirements, as determined by the Agency from time to time, an employee shall have the right to select and request flexible hours between 6:00 a.m. to 6:00 p.m., and such request shall not be unreasonably denied.

22.07 Notwithstanding the provisions of this article, upon request of an employee and the concurrence of the Agency, an employee may complete her/his weekly hours of employment in a period other than five (5) full days provided that over a period of up to twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Agency. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

22.08 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal day for non-operating employees. The Agency agrees, where operational requirements permit, to continue the present practice of providing rest periods for operating employees.

22.09 If an employee is given less than seven (7) days advance notice of a change in his/her shift schedule, the employee will receive a premium rate of time and one-half (1 ½) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time. Such employee shall retain her/his previously scheduled days of rest next following the change or if worked, such days of rest shall be compensated in accordance with the overtime provisions of this collective agreement.

22.10 For employees who work on a rotating or irregular basis:

a) Normal hours of work shall be scheduled so that employees work:

(i) an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) per week and an average of five (5) days per week and seven decimal five (7.5) hours or eight (8) hours (in accordance with the Hours of Work Code) per day;

or

(ii) if he/she is a Park Warden performing a period of backcountry patrol in excess of eight (8) consecutive hours during a two-week pay period, on a weekly basis, an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) and five (5) days per week.

b) The Agency shall make every reasonable effort to schedule a meal break of one-half (1/2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to the mid-point of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Agency and the employee. If an employee is not given a meal break scheduled in advance, all time from the commencement to the termination of the employee’s full shift shall be deemed time worked.
 
c) When an employee’s scheduled shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked:

(i) on the day it commenced where half (1/2) or more of the hours worked fall on that day,

or

(ii) on the day it terminates where more than half (1/2) of the hours worked fall on that day.

Accordingly, the first (1st) day of rest will be deemed to start immediately after midnight of the calendar day on which the employee worked or is deemed to have worked his/her last scheduled shift; and the second (2nd) day of rest will start immediately after midnight of the employee’s first (1st) day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

d) Every reasonable effort shall be made by the Agency:

(i) not to schedule the commencement of a shift within twelve (12) hours of the completion of the employee’s previous shift;

(ii) to avoid excessive fluctuations in hours of work;

(iii) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule;

(iv) to arrange shifts over a period of time not exceeding fifty-six (56) days and to post schedules at least fourteen (14) days in advance of the starting date of the new schedule;

(v) to grant an employee a minimum of two (2) consecutive days of rest.

e) Notwithstanding the provisions of this article, it may be operationally advantageous to implement work schedules for employees that differ from those specified in this clause. Any special arrangement may be at the request of either party and must be mutually agreed between the Agency and the majority of employees affected.

Terms and Conditions Governing the Administration of Variable Hours of Work Schedule

22.11 The terms and conditions governing the administration of variable hours of work implemented pursuant to clauses 22.05 b), 22.07, and 22.10 e) are specified in clauses 22.11 to 22.14. This agreement is modified by these provisions to the extent specified herein.
 
22.12 Notwithstanding anything to the contrary contained in this agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Agency to schedule any hours of work permitted by the terms of this agreement.

22.13

a) The scheduled hours of work of any day, may exceed or be less than seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code); starting and finishing times, meal breaks, and rest periods shall be determined according to operational requirements as determined by the Agency and the daily hours of work shall be consecutive.

b) Such schedules shall provide an average of thirty-seven decimal five (37.5) or forty (40) hours (in accordance with the Hours of Work Code) of work per week over the life of the schedule.

(i) The maximum life of a schedule for shift workers shall be six (6) months.

(ii) The maximum life of a schedule for day workers shall be twenty-eight (28) days, except when the normal weekly and daily hours of work are varied by the Agency to allow for summer and winter hours in accordance with clause 22.05 b), in which case the life of a schedule shall be one (1) year.

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

22.14 For greater certainty, the following provisions of this agreement shall be administered as provided herein:

a) Interpretation and Definitions (clause 2.01)

“Daily rate of pay” - shall not apply.

b) Minimum Number of Hours Between Shifts (Paragraph 22.10 d) (i))

The minimum period between the end of the employee’s shift and the beginning of the next one shall not apply.

c) Exchange of Shifts (clause 22.04)

On exchange of shifts between employees, the Agency shall pay as if no exchange had occurred.
 
d) Designated Paid Holidays (clause 27.05)

(i) A Designated Paid Holiday shall account for seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code).

(ii) When an employee works on a Designated Paid Holiday, the employee shall be compensated, in addition to the pay for the hours specified in subparagraph (i), at time and one-half (1 1/2) up to his/her regular scheduled hours worked and at double (2) time for all hours worked in excess of her/his regular scheduled hours.

e) Travel

Overtime compensation referred to in clause 29.04 shall only be applicable on a work day for hours in excess of the employee’s daily scheduled hours of work.

f) Acting Pay

The qualifying period for acting pay as specified in paragraph 61.07 a) shall be converted to hours.

g) Overtime

Overtime shall be compensated for all work performed on regular working days or on days of rest at time and three-quarter (1 3/4).

22.15 Changes in Schedule

a) When a full-time indeterminate employee is required to attend one of the following proceedings outside a period which extends before or beyond three (3) hours his/her scheduled hours of work on a day during which she/he would be eligible for a Shift Premium, the employee may request that her/his hours of work on that day be scheduled between 7 a.m. and 6 p.m.; such request will be granted provided there is no increase in cost to the Agency. In no case will the employee be expected to report for work or lose regular pay without receiving at least twelve (12) hours of rest between the time his/her attendance was no longer required at the proceeding and the beginning of her/his next scheduled work period.

(i) Federal Public Sector Labour Relations and Employment Board Proceedings Clauses 13.01, 13.02, 13.04, 13.05 and 13.06.

(ii) Contract Negotiation and Preparatory Contract Negotiation Meetings Clauses 13.09 and 13.10.

(iii) Personnel Selection Process Article 48.
 
(iv) To write Provincial Certification Examinations which are a requirement for the continuation of the performance of the duties of the employee’s position.

(v) Training Courses which the employee is required to attend by the Agency.

b) Notwithstanding paragraph a), proceedings described in subparagraph (v) are not subject to the condition that there be no increase in cost to the Agency.

Article 23: shift premiums

Article 24: overtime

Article 25: Call back and reporting pay

25.01 If an employee is called back or required to report to work:

a) on a designated paid holiday which is not the employee’s scheduled day of work, or
b) on the employee’s day of rest, or
c) after the employee has completed his or her work for the day and has left his or her place of work, and returns to work, the employee shall be entitled to the greater of:

(i) compensation equivalent to three (3) hours pay at the applicable overtime rate of pay for each call back/reporting to a maximum of eight (8) hours’ compensation in an eight (8) hour period,

or
 
(ii) compensation at the applicable rate of overtime compensation for time worked, provided that the period worked by the employee is not contiguous to the
employee’s normal hours of work.

d) The minimum payments referred to in 25.01 c)(i) and c)(ii), do not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with clause 59.05 of this agreement.

25.02 Compensation earned under this article shall be compensated under Article 34.

25.03 Transportation Expenses

a) Where an employee is required to report for work and reports under the conditions described in 25.01 above, the employee shall be reimbursed for reasonable expenses incurred as follows:

(i) mileage allowance at the rate normally paid to an employee when authorized by the Agency to use his or her automobile when the employee travels by means of his or her own automobile,

or

(ii) out-of-pocket expenses for other means of commercial transportation.

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

25.04 This article does not apply where an employee who has accommodation on board a vessel and:

a) is not in his or her home port, reports for sailing in accordance with posted sailing orders or as otherwise required by the Master;

or

b) is on the Agency’s premises at the time of notification of the requirement to work overtime.

Article 26: standby

Article 27: designated paid holidays

Article 28: religious observance

Article 29: traveling time

Article 30: notice of transfer

30.01 Where practicable, advance notice of a change in posting or a transfer from an employee’s normal workplace as defined by the Agency shall be given to an employee. Such notice shall not normally be less than one (1) month.

Article 31: leave general

31.01

a) When an employee becomes subject to this agreement, his/her earned daily leave credits shall be converted into hours. When an employee ceases to be subject to this agreement, his/her earned hourly leave credits shall be reconverted into days, with one (1) day being equal to seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code).

b) When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.

c) Notwithstanding the above, in the Article 46, Bereavement Leave with Pay, a “day” will mean a calendar day.

31.02 Except as otherwise specified in this agreement:

a) where leave without pay for a period in excess of three (3) months is granted to an employee for reason other than illness, 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;

b) time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.

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

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

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

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

31.07 In the event of termination of employment for reasons other than incapacity, death or lay- off, the Agency shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee’s letter of offer on the date of the termination of the employee’s employment.
 
**
31.08 An employee shall not earn or be granted leave credits under this agreement in any month nor in any fiscal year for which leave has already been credited or granted to him/her under the terms of any other collective agreement or under other rules or regulations applicable to organizations within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act.

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

Article 32: vacation leave with pay

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

Accumulation of Vacation Leave Credits

32.02 For each calendar month in which an employee has earned at least seventy-five (75) or eighty (80) hours’ pay (in accordance with the Hours of Work Code), the employee shall earn vacation leave credits as follows:

a) nine decimal three seven five (9.375) or ten (10) hours (in accordance with the the Hours of Work Code) until the month in which the anniversary of the employee’s eighth (8 th) year of service occurs;

b) twelve decimal five (12.5) or thirteen decimal three three (13.33) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s eighth (8th) anniversary of service occurs;

c) thirteen decimal seven five (13.75) or fourteen decimal six seven (14.67) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s sixteenth (16th) anniversary of service occurs;

d) fourteen decimal three seven five (14.375) or fifteen decimal three three (15.33) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s seventeenth (17th) anniversary of service occurs;

e) fifteen decimal six two five (15.625) or sixteen decimal six seven (16.67) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s eighteenth (18th) anniversary of service occurs;

f) sixteen decimal eight seven five (16.875) or eighteen (18) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s twenty -
 
seventh (27th) anniversary of service occurs;
g) eighteen decimal seven five (18.75) or twenty (20) hours (in accordance with the Hours of Work Code) commencing with the month in which the employee’s twenty-eighth (28th) anniversary of service occurs.

32.03
a)
(i) For the purpose of clause 32.02 only, all service within the Public Service, whether continuous or discontinuous, shall count towards the calculation of vacation leave credits except where a person who, on leaving the Agency or the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay -off and is reappointed to the Agency within one year following the date of lay-off. For greater certainty, severance payments taken under Appendix S Article 59.04 to 59.07, or similar provisions in other collective agreements, do not reduce the calculation of service for persons who have not yet left the Agency.

(ii) For the purpose of clause 32.02 only, effective April 1, 2012 on a go forward basis, any former service in the Canadian Forces for a continuous period of six months or more, either as a member of the Regular Force or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

b) Notwithstanding a) above, an employee who was a member of a bargaining unit in the Public Service prior to May 31, 1990 shall retain, for the purpose of “service” and of establishing her/his vacation entitlement pursuant to this clause, those periods of former service which had previously qualified for counting as continuous employment, until such time as her/his employment in the Public Service is terminated.

c) Service referred to in a) above shall be deemed to include all breaks in employment between periods of student or term employment with Parks Canada that are not separated by a period of more than one calendar year without employment.

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

Scheduling of Vacation Leave With Pay 32.05
a) Employees are expected to take all their vacation leave during the vacation year in which it is earned.

b) Subject to the following subparagraphs, the Agency reserves the right to schedule an
employee’s vacation leave but shall make every reasonable effort:
 
(i) to provide an employee’s vacation leave in an amount and at such time as the employee may request;

(ii) not to recall an employee to duty after the employee has proceeded on vacation leave;

(iii) not to cancel nor alter a period of vacation which has been previously approved in writing;

(iv) to provide at least four (4) weeks written notice to the employee when scheduling her/his leave.

32.06 The Agency shall give an employee as much notice as is practicable and reasonable of approval, denial, alteration or cancellation of a request for vacation. In the case of denial, alteration or cancellation of such leave, the Agency shall give the reason in writing, upon written request from the employee.

32.07 Where, in respect of any period of vacation leave, an employee:

a) is granted bereavement leave, or
b) is granted leave with pay because of illness in the immediate family, or
c) is granted sick leave on production of a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee and approved by the Agency, or reinstated for use at a later date.

32.08 Advance Payments

a) The Agency agrees to issue advance payments of estimated net salary for vacation periods of two (2) or more complete weeks, provided a written request for such advance payment is received from the employee at least six (6) weeks prior to the last pay day before the employee’s vacation period commences.

b) Providing the employee has been authorized to proceed on vacation leave for the period concerned, pay in advance of going on vacation shall be made prior to departure. Any overpayment in respect of such pay advances shall be an immediate first charge against any subsequent pay entitlements and shall be recovered in full prior to any further payment of salary.
 
32.09 Recall from Vacation Leave

a) Where an employee is recalled to duty during any period of vacation leave, the employee shall be reimbursed for reasonable expenses that the employee incurs:

(i) in proceeding to the employee’s place of duty, and
(ii) in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled, after submitting such accounts as are normally required by the Agency.

b) The employee shall not be considered as being on vacation leave during any period in respect of which the employee is entitled under paragraph a) to be reimbursed for reasonable expenses incurred by the employee.

32.10 Cancellation or Alteration of Vacation Leave

When the Agency cancels or alters a period of vacation leave which it has previously approved in writing, the Agency shall reimburse the employee for the non-returnable portion of vacation contracts and reservations made by the employee in respect of that period, subject to the presentation of such documentation as the Agency may require. The employee must make every reasonable attempt to mitigate such losses.

Carry-Over and/or Liquidation of Vacation Leave

32.11
a) 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 her/his vacation leave up to a maximum of two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the hours of Hours of Work Code) credits shall be carried over into the following vacation year. All vacation leave credits in excess of two hundred and sixty- two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the hours of Hours of Work Code) shall be automatically paid in cash at her/his daily rate of pay as calculated from the classification prescribed in her/his letter of offer of her/his substantive position on the last day of the vacation year.

b)
(i) Notwithstanding paragraph a), if on the date of signing of this agreement or on the date an employee becomes subject to this agreement, he or she has more than two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the Hours of Work Code) of unused vacation leave credits earned during previous years, this number of unused vacation leave credits shall become the employee’s accumulated leave maximum;
 
(ii) Unused vacation leave credits equivalent to the employee’s accumulated leave maximum shall be carried over into the following vacation year;

(iii) Unused vacation leave credits in excess of the employee’s accumulated leave maximum shall be automatically paid in cash at her/his daily rate of pay as calculated from the classification prescribed in her/his letter of offer of her/his substantive position on the last day of the vacation year.

c) The employee’s accumulated leave maximum shall be reduced irrevocably by the number of vacation leave credits liquidated in excess of the employee’s annual vacation leave entitlement during the vacation year.

d) Notwithstanding b)(iii), where the Agency 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 next vacation year.

Leave When Employment Terminates

32.12 When an employee dies or otherwise ceases to be employed, the employee’s estate or the employee shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave to the employee’s credit by the daily rate of pay as calculated from the classification prescribed in the letter of offer on the date of the termination of employment.

32.13 Notwithstanding clause 32.12, an employee whose employment is terminated for cause by reason of abandonment of her/his position is entitled to receive the payment referred to in clause 32.12, if she/he requests it within six (6) months following the date upon which her/his employment is terminated.

32.14 Where the employee requests, the Agency shall grant the employee her/his unused vacation leave credits prior to termination of employment if this will enable the employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off, and the tenth (10th) year of continuous employment in the case of resignation.

32.15 Appointment to or from another Public Service Employer

a) Notwithstanding clause 32.12, an employee who resigns to accept an appointment with an organization listed in Schedules I, IV or V of the Financial Administration Act (FAA) may choose not to be paid for unused vacation leave credits, provided that the appointing organization will accept such credits.

b) The Agency agrees to accept the unused vacation leave credits up to a maximum of two hundred and sixty-two decimal five (262.5) or two hundred and eighty (280) hours (in accordance with the Hours of Work Code) of an employee who resigns from an organization listed in Schedules I, IV or V of the Financial Administration Act (FAA) in
 
order to take a position with the Agency if the transferring employee is eligible and has chosen to have these credits transferred.

Article 33: sick leave with pay

Credits

33.01
a) An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) or ten (10) hours (in accordance with the Hours of Work Code) for each calendar month for which the employee receives pay for at least ten (10) days.

b) A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) or one decimal three three (1.33) hours, (in accordance with the Hours of Work Code) for each calendar month during which he/she works shifts and he/she receives pay for at least ten (10) days. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) or one hundred and twenty (120) hours (in accordance with the Hours of Work Code) of sick leave credits during the current fiscal year.

Granting of Sick Leave

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

a) he/she satisfies the Agency of this condition in such manner and at such time as may be determined by the Agency,
and
b) he/she has the necessary sick leave credits.

33.03
a) Unless otherwise informed by the Agency, a statement signed by the employee stating that because of illness or injury he/she was unable to perform his/her duties, shall, when delivered to the Agency, be considered as meeting the requirements of paragraph 33.02 a).

b) In the event that the Agency requests that an employee submit a medical certificate to meet the requirements of clause 33.02 a), the Agency shall reimburse the employee for the amount billed to the employee for the issuance of the certificate upon presentation of a receipt.
 
33.04 When an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause 33.02, sick leave with pay may, at the discretion of the Agency, be granted to an employee for a period of up to one hundred and eighty-seven decimal five (187.5) or two hundred (200) hours (in accordance with the Hours of Work Code) subject to the deduction of such advanced leave from any sick leave credits subsequently earned.

33.05 When an employee is granted sick leave with pay and Injury -On-Duty leave is subsequently approved for the same period, it shall be considered, for the purpose of the record of sick leave credits, that the employee was not granted sick leave with pay.

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

33.07
a) Sick leave credits earned but unused by an employee during a previous period of employment in the Public Service shall be restored to an employee whose employment was terminated by reason of layoff and who has received a letter of offer with the Agency within two (2) years from the date of layoff.

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

33.08 The Agency agrees that an employee shall not be terminated for cause for reasons of incapacity at a date earlier than the date at which the employee will have utilized his/her accumulated sick leave credits, except where the incapacity is the result of an injury or illness for which Injury on Duty Leave has been granted pursuant to Article 36.

33.09 Appointment from another Public Service Employer

The Agency agrees to accept the unused sick leave credits of an employee who resigns from an organization listed in Schedules I, IV or V of the Financial Administration Act (FAA) in order to take a position with the Agency.

Article 34: compensatory leave with pay

34.01
a) All overtime, traveling time compensated at overtime rates, standby, call back and reporting pay, and premium pay for time worked on a designated paid holiday shall be
 
compensated in cash except where, upon request of an employee and with the approval of the Agency, it may be compensated in equivalent leave with pay.

b) The Agency shall endeavour to make such cash payments in the pay period following that in which the credits were earned.

c) Subject to operational requirements and adequate advance notice, the Agency shall grant compensatory leave as requested by the employee.

d) At the request of the employee, and with the approval of the Agency, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the rate of pay in effect at the time of the request. Such approval shall not be unreasonably withheld.

e) Compensatory leave earned in a fiscal year, and outstanding as of September 30th of the following fiscal year, will be paid at the employee’s rate of pay on September 30 th.

34.02 Where, in respect of any period of compensatory leave, an employee is granted:

a) bereavement leave with pay, or
b) leave with pay because of illness in the immediate family on production of a medical certificate,
or
c) sick leave on production of a medical certificate,

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

Article 35: Medical appointment for pregnant employees

**
35.01 Up to three decimal seven five (3.75) or four (4) hours (according to the Hours of Work Code) of reasonable time off with pay will be granted to pregnant employees for the purpose of attending each routine medical appointment.

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

Article 36: injury-on-duty leave

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

a) personal injury accidentally received in the performance of his or her duties and not
caused by the employee’s willful misconduct, or
b) an industrial illness or a disease arising out of and in the course of the employee’s
employment,

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

Article 37: maternity leave without pay

37.01 Maternity Leave Without Pay

a) An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending not later than eighteen (18) weeks after the termination date of pregnancy.

b) Notwithstanding paragraphs a):

(i) where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,
or
(ii) where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period while her newborn child is hospitalized,

the period of maternity leave without pay defined in paragraph a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child’s hospitalization while the employee was not on maternity leave, to a maximum of eighteen (18) weeks.
 
c) The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.

d) The Agency may require an employee to submit a medical certificate certifying pregnancy.

e) An employee who has not commenced maternity leave without pay may elect to:

(i) use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;

(ii) use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article 33 Sick Leave With Pay. For purposes of this subparagraph, the terms “illness” or “injury” used in Article 33, Sick Leave With Pay, shall include medical disability related to pregnancy.

f) An employee shall inform the Agency in writing of her plans to take leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks before the initial date of continuous leave of absence while termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.

g) Leave granted under this clause shall be counted for the calculation of “continuous employment” for the purpose of calculating severance pay and “service” for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

37.02 Maternity Allowance

a) An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs c) to i), provided that she:

(i) has completed six (6) months of continuous employment before the commencement of her maternity leave without pay,
(ii) provides the Agency 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 Agency,
and
(iii) has signed an agreement with the Agency stating that:

A. she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act 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;
B. 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 maternity allowance;
C. should she fail to return to work as described in 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 Agency for an amount determined as follows:

(allowance received)    X (remaining period to be worked following her return to work)
  --------------------------------------------------------------------------------
  [total period to be worked as specified in B]


however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section A 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.

b) For the purpose of sections a)(iii)B, and C, periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section a)(iii)B, without activating the recovery provisions described in section a)(iii)C.

c) Maternity allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee is subject to a waiting period 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
(ii) for each week the employee 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 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,
and

(iii) where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one
(1) week, ninety-three per cent (93%) of her weekly rate of pay for each week, less any other monies earned during this period.

d) At the employee’s request, the payment referred to in subparagraph 37.02 c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Québec Parental Insurance Plan maternity benefits.

e) The maternity allowance to which an employee is entitled is limited to that provided in paragraph c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Québec.

f) The weekly rate of pay referred to in paragraph c) shall be:

(i) for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity leave without pay;

(ii) for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.

g) The weekly rate of pay referred to in paragraph f) shall be the rate to which the employee is entitled for her substantive level to which she is appointed.

h) Notwithstanding paragraph g), and subject to subparagraph f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, he weekly rate shall be the rate she was being paid on that day.

i) Where an employee becomes eligible for a pay increment or pay revision that would increase the maternity allowance while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
 
j) Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

37.03 Special Maternity Allowance for Totally Disabled Employees

a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 37.02 a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Québec Parental Insurance Plan maternity benefits, and

(ii) has satisfied all of the other eligibility criteria specified in paragraph 37.02 a), other than those specified in sections A and B of subparagraph 37.02 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 through the Government Employees Compensation Act.

b) An employee shall be paid an allowance under this clause and under clause 37.02 for a combined period of no more than the number of weeks while she would have been eligible for maternity benefits under the Employment Insurance or the Québec Parental Insurance Plan had she not been disqualified from Employment Insurance or Québec Parental Insurance Plan maternity benefits for the reasons described in subparagraph a)(i).

Article 38: Maternity-related reassignment or leave

38.01 An employee who is pregnant or nursing may, during the period from the beginning of pregnancy to the end of the seventy-eight (78) week following the birth, request the Agency to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current functions may pose a risk to her health or that of the foetus or child.

38.02 An employee’s request under clause 38.01 must be accompanied or followed as soon as possible by a medical certificate indicating the expected duration of the potential risk and the activities or conditions to avoid in order to eliminate the risk. Dependent upon the particular circumstances of the request, the Agency may obtain an independent medical opinion.

38.03 An employee who has made a request under clause 38.01 is entitled to continue in her current job while the Agency examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to be immediately assigned alternative duties until such time as the Agency:
 
a) modifies her job functions or reassigns her, or
b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

38.04 Where reasonably practicable, the Agency shall modify the employee’s job functions or reassign her.

38.05 Where the Agency concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the Agency shall so inform the employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than seventy-eight (78) weeks after the birth.

38.06 An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks’ notice in writing to the Agency of any change in duration of the risk or the inability as indicated in the medical certificate, unless there is a valid reason why that notice cannot be given. Such notice must be accompanied by a new medical certificate.

Article 39: parental leave without pay

39.01 Parental Leave Without Pay

a) Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay for either:

(i) a single period of up to thirty-seven (37) consecutive weeks in the fifty-two
(52) week period (standard option), or
(ii) a single period of up to sixty-three (63) consecutive weeks in the seventy-eight
(78) week period (extended option), beginning on the day on which the child is born or the day on which the child comes into the employee’s care.

b) Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for either:
 
(i) a single period of up to thirty-seven (37) consecutive weeks in the fifty-two
(52) week period (standard option), or
(ii) a single period of up to sixty-three (63) consecutive weeks in the seventy-eight
(78) week period (extended option), beginning on the day on which the child
comes into the employee’s care.

c) Notwithstanding paragraphs a) and b) above, at the request of an employee and at the discretion of the Agency, the leave referred to in paragraphs a) and b) above may be taken in two (2) periods.

d) Notwithstanding paragraphs a) and b):

(i) where the employee’s child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
or
(ii) where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,

the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization while the employee was not on parental leave. However, the extension shall end not later than one hundred and four
(104) weeks after the day on which the child comes into the employee’s care.

e) An employee who intends to request parental leave without pay shall notify the Agency at least four (4) weeks before the commencement date of such leave.

f) The Agency may:

(i) defer the commencement of parental leave without pay at the request of the employee;
(ii) grant the employee parental leave without pay with less than four
(4) weeks’ notice;
(iii) require an employee to submit a birth certificate or proof of adoption of the child.

g) 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.

39.02 Parental Allowance

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two (2) options, either:
• Option 1: standard parental benefits, paragraphs 39.02 c) to k),
Or
• Option 2: extended parental benefits, paragraphs 39.02 l) to t).

Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.
Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.

Parental Allowance Administration

a) An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs c) to i) or l) to r), providing he or she:

(i) has completed six (6) months of continuous employment before the commencement of parental leave without pay,
(ii) provides the Agency with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Québec Parental Insurance Plan in respect of insurable employment with the Agency, and
(iii) has signed an agreement with the Agency stating that:

A. the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
B. Following his or her return to work, as described in section A, the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance, in addition to the period of time referred to in section 37.02 a)(iii)B, if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section A, the employee will work for a period equal to sixty percent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section 37.02 a)(iii)B, if applicable;
C. should he or she fail to return to work as described in 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 Agency for an amount determined as follows:
 

(allowance received)   X   (remaining period to be worked, as specified in division B, following his or her return to work)
      --------------------------------------------------------------------------------------------------------------------------
     [total period to be worked as specified in division B]

however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section A, 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.

b) For the purpose of sections a)(iii)B, and C, periods of leave with pay shall count as time worked. Periods of leave without pay during the employee’s return to work will not be counted as time worked but shall interrupt the period referred to in section a)(iii)B, without activating the recovery provisions described in section a)(iii)C.

Option 1 – Standard Parental Allowance

c) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee on parental leave without pay as described in subparagraphs 39.01 a)(i) and b)(i) has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week of the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental, adoption or paternity benefit under the Employment Insurance or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three per cent (93%) of his or her weekly rate (and the recruitment and retention “terminable allowance” if applicable) and the parental, adoption or paternity benefit, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefit to which he or she would have been eligible if no extra monies had been earned during this period;
(iii) where an employee has received the full eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of parental benefit or has divided the full thirty- two (32) weeks of parental benefits with another employee in receipt of the full five
(5) weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay for each
 
week (and the recruitment and retention “terminable allowance” if applicable), less any other monies earned during this period;
(iv) where an employee has divided the full thirty -seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period;
(v) where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, at ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 37.02 c)(iii) for the same child;
(vi) where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraphs 37.02 c)(iii) and 39.02 c)(v) for the same child;

d) At the employee’s request, the payment referred to in subparagraph 39.02 c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance Plan.

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

f) The weekly rate of pay referred to in paragraph c) shall be:

(i) for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full- time and part-time basis during the six (6) month period preceding the commencement of maternity or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
 
g) The weekly rate of pay referred to in paragraph f) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.

h) Notwithstanding paragraph g), and subject to subparagraph f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention “terminable allowance” if applicable) the employee was being paid on that day.

i) Where an employee becomes eligible for a pay increment or pay revision that would increase the parental allowance while in receipt of parental allowance, the allowance shall be adjusted accordingly.

j) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.

k) The maximum combined, shared, maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks for each combined maternity and parental leave without pay.

Option 2 – Extended Parental Allowance

l) Parental Allowance payments made in accordance with the SUB Plan will consist of the following:

(i) where an employee on parental leave without pay as described in subparagraphs 39.01 a)(ii) and b)(ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for the waiting period, less any other monies earned during this period;
(ii) for each week the employee receives parental benefits under the Employment Insurance, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her weekly rate (and the recruitment and retention “terminable allowance” if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;
(iii) where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one
(1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period, unless said employee has
 
already received the one (1) week of allowance contained in subparagraph 37.02 c)(iii) for the same child;
(iv) where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay (and the recruitment and retention “terminable allowance” if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in subparagraph 37.02 c)(iii) for the same child;

m) At the employee’s request, the payment referred to in subparagraph 39.02 l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.

n) The parental allowance to which an employee is entitled is limited to that provided in paragraph l) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.

o) The weekly rate of pay referred to in paragraph l) shall be:

(i) for a full-time employee, the employee’s weekly rate of pay on the day immediately preceding the commencement of parental leave without pay;
(ii) for an employee who has been employed on a part-time or on a combined full- time and part-time basis during the six (6) month period preceding the commencement of parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee’s straight time earnings by the straight time earnings the employee would have earned working full-time during such period.

p) The weekly rate of pay referred to in paragraph l) shall be the rate (and the recruitment and retention “terminable allowance” if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.

q) Notwithstanding paragraph p), and subject to subparagraph o)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention “terminable allowance” if applicable), the employee was being paid on that day.

r) Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.

s) Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee’s deferred remuneration or severance pay.
 
t) The maximum combined, shared, maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay.

39.03 Special Parental Allowance For Totally Disabled Employees

a) An employee who:

(i) fails to satisfy the eligibility requirement specified in subparagraph 39.02 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 through the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Québec Parental Insurance Plan benefits,
and
(ii) has satisfied all of the other eligibility criteria specified in paragraph 39.02 a), other than those specified in sections A and B of subparagraph 39.02 a)(iii), shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph (i), the difference between ninety-three per cent (93%) of the employee’s rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD plan or through the Government Employees Compensation Act.

b) An employee shall be paid an allowance under this clause and under clause 39.02 for a combined period of no more than the number of weeks while the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance Plan benefits for the reasons described in subparagraph a)(i).

Article 40: Leave without pay for the care of family

40.01 Both parties recognize the importance of access to leave for the purpose of care for the family.

40.02 For the purpose of this article, “family” is defined per article 2 and in addition:

a) a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

40.03 Subject to paragraph 40.02, an employee shall be granted leave without pay for the Care of Family in accordance with the following conditions;
 
a) an employee shall notify the Agency in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless, because of urgent or unforeseeable circumstances, such notice cannot be given;

b) leave granted under this article shall be for a minimum period of three (3) weeks;

c) the total leave granted under this article shall not exceed five (5) years during an
employee’s total period of employment in the Public Service;

d) leave granted for a period of one (1) year or less shall be scheduled in a manner which ensures continued service delivery.

40.04 An employee who has proceeded on leave without pay may change her/his return to work date if such change does not result in additional costs to the Agency.

40.05 All leave granted under Leave Without Pay for the Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of previously applicable collective agreements will not count towards the calculation of the maximum amount of time allowed for Care of Immediate Family during an employee’s total period of employment in the Public Service.

Transitional provisions

40.06 These transitional provisions are applicable to employees who have been granted and have proceeded on leave on or after the date of signature of this agreement.

a) An employee who, on the date of signature of this agreement, is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of a previous agreement continues on that leave for the approved duration or until the employee’s return to work, if the employee returns to work before the end of the approved leave.

b) An employee who becomes a member of the bargaining unit on or after the date of signature of this agreement and who is on Leave Without Pay for the Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of Pre-School Age Children under the terms of another agreement, continues on that leave for the approved duration or until the employee’s return to work before the end of the approved leave.

Article 41: caregiving leave

41.01
a) An employee who provides the Agency with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family
 
Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults shall be granted leave without pay while in receipt of or awaiting these benefits.

b) The leave without pay described in clause 41 a) shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.

c) When notified, an employee who was awaiting benefits must provide the Agency with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.

d) When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause 41 a) above ceases to apply.

e) 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.

Article 42: leave with pay for Family-related responsibilities

42.01 For the purpose of this article, family is defined as spouse (or common-law partner resident with the employee), children (including step-children, foster children or children of legal or common-law spouse and ward of the employee), parents (including step-parents or foster parents), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents and grandchildren of the employee, any relative permanently residing in the employee’s household or with whom the employee permanently resides, any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.

42.02 The total leave with pay which may be granted under this article shall not exceed thirty- seven decimal five (37.5) or forty (40) hours (according to the Hours of Work Code) in a fiscal year.

**
42.03 Subject to clause 42.02, the Agency shall grant leave with pay under the following circumstances:
 
a) to take a family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;

b) to provide for the immediate and temporary care of a sick member of the employee’s family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;

c) to provide for the immediate and temporary care of an elderly member of the employee’s
family;

d) for needs directly related to the birth or to the adoption of the employee’s child;

e) to attend school functions, if the supervisor was notified of the functions as far in advance as possible;

f) to provide for the employee’s child in the case of an unforeseeable closure of the school or daycare facility;

g) to visit a family member who, due to an incurable terminal illness, is nearing the end of their life;

h) fifteen (15) or sixteen (16) hours (according to the Hours of Work Code) out of the thirty-seven decimal five (37.5) or forty (40) hours (according to the Hours of Work Code) stipulated in clause 42.02 above may be used to attend appointments with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative, if the supervisor was notified of the appointment as far in advance as possible.

Article 43: Leave without pay for personal needs bargaining.

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

a) subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs;

b) subject to operational requirements, leave without pay for a period of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs;

c) an employee is entitled to leave without pay for personal needs only once under each of paragraphs a) and b) during the employee’s total period of employment in the Agency. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Agency.

Article 44: marriage leave with pay

44.01 After the completion of one (1) year’s continuous employment in the Public Service, and providing an employee gives the Agency at least five (5) days’ notice, the employee shall be granted thirty-seven decimal five (37.5) or forty (40) hours (according to the Hours of Work Code) marriage leave with pay for the purpose of getting married.

44.02 Where same-sex marriage is not available and after the completion of one (1) year’s continuous employment in the Public Service, and providing an employee gives the Agency at least five (5) days’ notice and a sworn affidavit certifying to the spousal union, the employee shall be granted thirty-seven decimal five (37.5) or forty (40) hours (according to the Hours of Work Code) marriage leave with pay for the purpose of participating in a public commitment ceremony with a person of the same sex.

44.03 An employee cannot be granted leave with pay in accordance with both 44.01 and 44.02 for a union with the same person.

44.04 For an employee with less than two (2) years of continuous employment, in the event of termination of employment for reasons other than death or lay-off within six (6) months after the granting of leave under 44.01 or 44.02 above, an amount equal to the amount paid the employee during the period of leave will be recovered by the Agency from any monies owed the employee.

Article 45: Leave without pay for relocation of spouse

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

Article 46: bereavement leave with pay

46.01 For the purpose of this article, “family” is defined per article 2 and in addition:

a) a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee. An employee shall be entitled to bereavement leave under 46.01 a) only once during the employee’s total period of employment in the public service.

46.02
a) When a member of the employee’s immediate family dies, an employee shall be entitled to a bereavement leave with pay. Such bereavement leave, as determined by the employee, must include the day of the memorial commemorating the deceased, or must
 
begin within two (2) days following the death. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days’ leave with pay for the purpose of travel related to the death.

b) At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.

c) When requested to be taken in two (2) periods,

(i) The first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death,

and

(ii) The second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.

(iii) The employee may be granted no more than three (3) days’ leave with pay, in total, for the purpose of travel for these two (2) periods.

**
46.03 An employee is entitled to one (1) day’s bereavement leave with pay for the purpose related to the death of his or her aunt or uncle, brother-in-law or sister-in-law and grandparents of spouse.

46.04 If, during a period of paid leave, an employee is bereaved in circumstances under which he or she would have been eligible for bereavement leave with pay under clauses 46.02 a) and 46.03, the employee shall be granted bereavement leave with pay and his or her paid leave credits shall be restored to the extent of any concurrent bereavement leave with pay granted.

46.05 It is recognized by the parties that the circumstances which call f or leave in respect of bereavement are based on individual circumstances. On request, the Agency may, after considering the particular circumstances involved, grant leave with pay for a period greater than and/or in a manner different than that provided for in clauses 46.02 a) and 46.03.

Article 47: court leave

47.01 The Agency shall grant leave with pay to an employee for the period of time he/she is required:

a) to be available for jury selection;

b) to serve on a jury;
 
c) by subpoena or summons or other legal instrument to attend as a witness in any proceeding held to which he/she is not a party:

(i) in or under the authority of a court of justice or before a grand jury,

(ii) before a court, judge, justice, magistrate or coroner,

(iii) before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee’s position,

(iv) 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
(v) 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.

Article 48: personnel selection leave

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

Article 49: Education and career development leave

General

49.01 The parties recognize that in order to maintain and enhance professional expertise, employees, from time to time, need to have an opportunity to attend or participate in career development activities described in this article.

Education Leave

49.02 Upon written application by the employee and with the approval of the Agency, an employee may be granted education leave without pay for varying periods of up to one (1) year, which can be renewed by mutual agreement, to attend a recognized institution for studies in some field of education in which preparation is needed to fill the employee’s present role more
 
adequately or to undertake studies in some field in order to provide a service which the Agency requires or is planning to provide.

49.03 At the Agency’s discretion, an employee on education leave without pay under this Article may receive an allowance in lieu of salary of up to 100% (one hundred percent) of the employee’s annual rate of pay, depending on the degree to which the education leave is deemed, by the Agency, to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.

49.04 Allowances already being received by the employee may at the discretion of the Agency be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.

49.05
a) As a condition of the granting of education leave without pay, an employee shall, if required, give a written undertaking prior to the commencement of the leave to return to the service of the Agency for a period of not less than the period of the leave granted.

b) If the employee:

(i) fails to complete the course,

(ii) does not resume employment with the Agency on completion of the course, or
(iii) ceases to be employed, except by reason of death or lay-off, before termination of the period he or she has undertaken to serve after completion of the course, the employee shall repay the Agency all allowances paid to him or her under this Article during the education leave or such lesser sum as shall be determined by the Agency.

Examination Leave With Pay

49.06 At the Agency’s discretion, examination leave with pay may be granted to an employee for the purpose of writing an examination which takes place during the employee’s scheduled hours of work. Such leave will only be granted where, in the opinion of the Agency, the course of study is directly related to the employee’s duties or will improve his or her qualifications.

Career Development

49.07 Career development refers to an activity which in the opinion of the Agency is likely to be of assistance to the individual in furthering his or her career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
 
a) a course given by the Agency;

b) a course offered by a recognized academic institution;

c) a seminar, convention or study session in a specialized field directly related to the
employee’s work.

49.08 Upon written application by the employee, and with the approval of the Agency, career development leave with pay may be given for any one of the activities described in clauses 49.07 or 49.10. The employee shall receive no compensation under Article 24, Overtime, and Article 29, Traveling Time, during time spent on career development leave provided for in this article.

49.09 Employees on career development leave shall be reimbursed for all reasonable travel and other expenses incurred by them which the Agency may deem appropriate.

49.10 The parties to this agreement share a desire to improve professional standards by giving the employees the opportunity:

a) to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields;

b) to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Agency;

c) to carry out research in the employee’s field of specialization not specifically related to assigned work projects when in the opinion of the Agency such research is needed to enable the employee to perform the employee’s assigned role.

49.11 An employee who requests to attend or is invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to the employee’s field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for payment of convention or conference registration fees and reasonable travel expenses.

49.12 An employee who attends a conference or convention at the request of the Agency to represent the interests of the Agency shall be deemed to be on duty and, as required, in travel status. The Agency shall pay the registration fees of the convention or conference the employee is required to attend.

Article 50: Leave with or without pay for other reasons

50.01 At its discretion, the Agency may grant:
a) leave with pay when circumstances not directly attributable to the employee prevent her/his reporting for duty; such leave shall not be unreasonably withheld;

b) leave with or without pay for purposes other than those specified in this agreement.

**
50.02 Personal Leave

In any fiscal year, an employee is entitled to no more than fifteen (15) or sixteen (16) hours (in accordance with the Hours of Work Code) of personal leave.

a) Subject to operational requirements as determined by the Agency and with an advance notice of at least five (5) working days, the employee shall be granted, in each fiscal year fifteen (15) or sixteen (16) hours (in accordance with the Hours of Work Code) of leave with pay for reasons of a personal nature. This leave can be taken in periods of seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code) or three decimal seven five (3.75) or four (4) hours (in accordance with the Hours of Work Code) each.

b) For employees who work less than twelve (12) weeks in a fiscal year, the total entitlement shall be seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code).

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


50.03 Domestic Violence Leave

For the purpose of this article domestic violence is considered to be any form of abuse or neglect that an employee or an employee’s child experiences from a family member, or from someone with whom the employee has or had an intimate relationship.

a) The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.

b) Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
 
(i) to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability;

(ii) to obtain services from an organization which provides services for individuals who are subject to domestic violence;
(iii) to obtain professional counselling;

(iv) to relocate temporarily or permanently; or,

(v) to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.

c) The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) or eighty (80) hours (in accordance with the Hours of Work Code) in a fiscal year.

d) Unless otherwise informed by the Agency, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.

e) Notwithstanding clauses 50.03 b) to 50.03 c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

**

Article 51: Leave for traditional indigenous practices

Subject to operational requirements as determined by the Employer, fifteen (15) or sixteen (16) hours (in accordance with the Hours of Work Code) of leave with pay and twenty -two decimal five (22.5) or twenty-four (24) hours (in accordance with the Hours of Work Code) of leave without pay per fiscal year shall be granted to an employee who self- declares as an Indigenous person and who requests leave to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting. For the purposes of this article, an Indigenous person means First Nations, Inuit, or Métis.

51.02 Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.

51.03 An employee who intends to request leave under this article must give notice to the Employer as far in advance as possible before the requested period of leave.

51.04 As an alternative to leave without pay as per clause 51.01, at the request of the employee
 
and at the discretion of the Employer, time off with pay, up to a total amount of twenty - two decimal five (22.5) or twenty-four (24) hours (in accordance with the Hours of Work Code), may be granted to the employee in order to fulfill their traditional Indigenous practices. The number of hours with pay so granted must be made up hour for hour within a period of six (6) months, at times agreed to by the Employer. Hours worked as a result of time off granted under this clause shall not be compensated nor should they result in any additional payments by the Employer.

51.05 Leave or time off with pay under this article may be taken in one or more periods. Each period of leave shall not be less than seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code).

Article 52: Restriction on outside employment

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

Article 53: statement of duties

53.01 Upon written request, an employee shall be provided with a complete and current statement of the duties and responsibilities of his/her position, including the classification level and, where applicable, the point rating allotted by factor to his/her position, and an organization chart depicting the position’s place in the organization.

Article 54: Duty aboard vessels

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

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

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

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

54.05
a) An employee shall submit to the Agency a full inventory of her/his personal effects and shall be responsible for maintaining it in a current state.

b) An employee or the employee’s estate making a claim under this article shall submit to the Agency reasonable proof of such loss and shall submit an affidavit listing the individual items and values claimed.
 
54.06 Traveling expenses on leave or termination

When an employee serving on a vessel which is away from its home port:

a) is authorized to take leave under the provisions of Article 32, Vacation Leave With Pay, or under the provisions of Article 46, Bereavement Leave With Pay, the Agency shall pay the cost of the return traveling expenses, as normally defined by the Agency, from the point of disembarkation to the vessel’s home port or to the employee’s normal place of residence, whichever is the lesser amount;

b) terminates his or her employment by reason of retirement, release or lay-off, the Agency shall pay the cost of the traveling expenses, as normally defined by the Agency, from the point of disembarkation to the employee’s port of hiring or to the employee’s normal place of residence, whichever is the lesser amount.

Article 55: Employee performance review and employee files

55.01
a) When a formal assessment of an employee’s performance is made, the employee shall be given a copy upon its completion and provided an opportunity to sign the assessment to indicate only that its contents have been read. This shall not indicate the employee’s concurrence.

b) The Agency’s representative(s) who assess an employee’s performance must have observed or been aware of the employee’s performance for at least one-half (1/2) of the period for which the employee’s performance is evaluated.

c) An employee has the right to make written comments to be attached to the formal assessment.

d) If an employee is dissatisfied with the results of a formal assessment meeting, he/she has the right to request a follow-up meeting and to be accompanied by a union representative at that meeting.

55.02
a) Prior to the formal assessment, the employee shall be given:

(i) an explanation of the process which will be used for the assessment; and
(ii) any forms and written document which provides instructions to the person conducting the assessment.
 
b) If during the formal assessment, either the form or instructions are changed, they shall be given to the employee.

55.03 Upon written request of an employee, the personnel file of that employee shall be made available once per year for his/her examination in the presence of an authorized representative of the Agency.

55.04 No report pertaining to an employee’s performance or conduct shall be placed on the
employee’s personnel file without a copy having been provided to the employee.

Article 56: publications and authorship

56.01 The Agency agrees that original articles, professional and technical papers prepared by an employee, within the scope of her/his employment, will be retained on appropriate Agency files for the normal life of such files. The Agency will not unreasonably withhold permission for publication of original articles and technical papers in professional media. At the Agency discretion, recognition of authorship will be given where practicable in Agency publications.

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

56.03
a) The Agency may suggest revisions to material and may withhold approval to publish an
employee’s publication.

b) When approval for publication is withheld, the author(s) shall be so informed.

c) Where the Agency wishes to make changes in a material submitted for publication with which the author does not agree, the employee shall not be credited publicly if she/he so requests.

Article 57: membership fees

57.01 The Agency shall reimburse an employee for membership, registration, licensing or certification fees to an organization, governing body, or government agency when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee’s position.

Reimbursement under this article will not be paid for the cost of an employee’s normal driver’s
license. Full reimbursement will be paid where special classes of driver’s licenses are required.
 
57.02 The Alliance and the Agency have agreed to provide for a professional allowance to be paid in accordance with the following conditions. Upon receipt of proof of payment, the Agency shall reimburse an employee’s annual membership fees-paid to either the Institute of Chartered Accountants (CA), the Society of Management Accountants (CMA), the Association of Certified General Accountants (CGA), or the Chartered Professional Accountants (CPA). The Agency shall reimburse annual fees paid to one of the associations referred to in clause 57.02 for employees pursuing a formal study program to obtain a professional accounting designation (CA, CMA, CGA or CPA). Reimbursement covered by this Article does not include arrears of previous year’s dues. Reimbursement covered by this Article shall include insurance payable as a requirement for maintaining the designation to a maximum of seventy-five ($75) dollars excluding any optional insurance that may be offered for the purpose of practicing in the private sector.

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

Article 58: wash-up time

58.01 Where the Agency determines that due to the nature of work there is a clear cut need, wash-up time up to a maximum of ten (10) minutes will be permitted before the end of the working day.

Article 59: Part-time employees

59.01 Definition

Part-time employee means an employee whose weekly scheduled hours of work on average are less than those established in Article 22 but not less than those prescribed in the Federal Public Sector Labour Relations Act.

General

59.02 Unless otherwise specified in this article, part-time employees shall be entitled to the benefits provided under this agreement in the same proportion as their normal weekly hours of work compared with thirty-seven decimal five (37.5) or forty (40) (in accordance with the Hours of Work Code).

59.03 Part-time employees are entitled to overtime compensation in accordance with subparagraphs b) and c) of the overtime definition in paragraph 2.01.

59.04 The days of rest provisions of this agreement apply only in a week when a part-time employee has worked thirty-seven decimal five (37.5) or forty 40 hours (in accordance with the Hours of Work Code).

Specific Application of this Agreement

59.05 Call back and Reporting Pay

Subject to clause 59.04, when a part-time employee meets the requirements to receive compensation in accordance with clause 25.01 and is entitled to receive the minimum payment rather than pay for actual time worked, the part-time employee shall be paid a minimum payment of four (4) hours pay at the straight-time rate.

Designated Holidays for Part-Time Employees

**
59.06 A part-time employee shall not be paid for the designated holidays but shall, instead be paid four decimal six percent (4.6%) for all straight-time hours worked.

a) Should an additional day be proclaimed by an act of Parliament as a national holiday, as per paragraph 27.01(m), this premium will increase by zero decimal thirty -eight (0.38) percentage points.

59.07 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause 27.01, the employee shall be paid at time and one-half (1 1/2) of the straight-time rate of pay for all hours worked up to seven decimal five (7.5) or eight (8) hours (in accordance with the Hours of Work Code) and double (2) time thereafter.
 
59.08 A part-time employee who reports for work as directed on a day which is prescribed as a designated paid holiday for a full-time employee in clause 27.01, shall be paid for the time actually worked in accordance with clause 59.07, or a minimum of four (4) hours pay at the straight-time rate, whichever is greater.

59.09 Vacation Leave

A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice the number of hours in the employee’s normal workweek, at the rate for years of service established in clause 32.02 of this agreement, prorated and calculated as follows:

a) when the entitlement is nine decimal three seven five (9.375) or ten (10) hours (according to the Hours of Work Code) a month, .250 multiplied by the number of the hours in the employee’s workweek per month;

b) when the entitlement is twelve decimal five (12.5) or thirteen decimal three three (13.33) hours (according to the Hours of Work Code) a month, .333 multiplied by the number of the hours in the employee’s workweek per month;

c) when the entitlement is thirteen decimal seven five (13.75) or fourteen decimal six seven (14.67) hours (according to the Hours of Work Code) a month, .367 multiplied by the number of the hours in the employee’s workweek per month;

d) when the entitlement is fourteen decimal three seven five (14.375) or fifteen decimal three three (15.33) hours (according to the Hours of Work Code) a month, .383 multiplied by the number of the hours in the employee’s workweek per month;

e) when the entitlement is fifteen decimal six-two five (15.625) or sixteen decimal six seven (16.67) hours (according to the Hours of Work Code) a month, .417 multiplied by the number of the hours in the employee’s workweek per month;

f) when the entitlement is sixteen decimal eight seven five (16.875) or eighteen (18) hours (according to the Hours of Work Code) a month, .450 multiplied bythe number of hours in the employee’s workweek per month;

g) when the entitlement is eighteen decimal seven five (18.75) or twenty (20) hours (according to the Hours of Work Code) a month, .500 multiplied bythe number of the hours in the employee’s workweek per month.

59.10 Sick Leave

A part-time employee shall earn sick leave credits at the rate of one-quarter (1/4) of the number of hours in an employee’s normal workweek for each calendar month in which the employee has
 
received pay for at least twice (2) the number of hours in the employee’s normal workweek.

59.11 Vacation and Sick Leave Administration

a) For the purposes of administration of clauses 59.09 and 59.10, where an employee does not work the same number of hours each week, the normal workweek shall be the weekly average of the hours worked at the straight-time rate calculated on a monthly basis.
b) An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

59.12 Bereavement Leave

Notwithstanding clause 59.02, there shall be no prorating of a “day” in Article 46, Bereavement Leave With Pay.

59.13 Severance Pay

Notwithstanding the provisions of Article 60, Severance Pay, of this agreement, where the period of continuous employment in respect of which severance benefit is to be paid consists of both full and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.

Article 60: severance pay

60.01 Under the following circumstances and subject to clause 60.02, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which she/he is entitled for the classification prescribed in her/his letter of offer on the date of her/his termination of employment.

a) Lay-off

(i) On the first (1st) lay-off, for the first (1st) complete year of continuous employment, two (2) weeks’ pay, or three (3) weeks’ pay for employees with ten
(10) or more and less than twenty (20) years of continuous employment, or four
(4) weeks’ pay for employees with twenty or more years of continuous employment, plus one (1) week’s pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).

(ii) On second or subsequent lay-off one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by 365, less any period in respect of which the employee was granted severance pay under subparagraph a)(i).

b) Rejection on Probation

On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, one (1) week’s pay.

c) Death

If an employee dies, there shall be paid to the employee’s estate a severance payment in respect of the employee’s complete period of continuous employment, comprised of one (1) week’s pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week’s pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks’ pay, regardless of any other benefit payable.

d) Termination for Cause for Reasons of Incapacity or Incompetence

(i) When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity, one (1) week’s pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
 
(ii) When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence, one (1) week’s pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

60.02 Severance benefits payable to an employee under this article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit. Under no circumstances shall the maximum severance pay provided under clause 60.01 and 60.04 be pyramided.

For greater certainty, payments in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 59.04 to 59.07 of Appendix S or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

60.03 Appointment to Another Employer

An employee who resigns to accept an appointment with another organization in the Public Service shall be paid any outstanding payments in lieu of severance, if applicable under Appendix S.

60.04 Employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix S.

Article 61: Pay administration

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

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

a) the pay specified in Appendix “A”, for the classification of the position to which the employee is appointed, if the classification coincides with that prescribed in the employee’s letter of offer;

or
b) the pay specified in Appendix “A”, for the classification prescribed in the employee’s letter of offer, if that classification and the classification of the position to which the employee is appointed do not coincide.

61.03
a) The rates of pay set forth in Appendix “A” shall become effective on the dates specified.
 
b) Where the rates of pay set forth in Appendix “A” have an effective date prior to the date of signing of this agreement, the following shall apply:

(i) “retroactive period” for the purpose of subparagraphs (ii) to (vi) means the period commencing on the effective date of the revision up to and including the day before this agreement is signed or when an arbitral award is rendered therefore;

(ii) a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees who were employees in the groups identified in Article 8 of this agreement during the retroactive period;

(iii) in order for former employees or, in the case of death, for the former employees’ representatives to receive payment in accordance with subparagraph (b)(ii), the Agency shall notify, by registered mail, such individuals at their last known address that they have 30 days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the Agency to provide payment ceases;

(iv) for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;

(v) for promotions, demotions, deployments, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Regulations, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay that the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;

(vi) no payment or no notification shall be made pursuant to paragraph 61.03 b) for one dollar or less.

61.04 Where a pay increment and a pay revision are effected on the same date, the pay increment shall be applied first and the resulting rate shall be revised in accordance with the pay revision.

61.05 The Agency agrees to adopt the Memorandum of Understanding signed between the Treasury Board and the Alliance, dated February 9, 1982 in respect to red-circled employees.

61.06 If, during the term of this agreement, a new classification standard for a group is established and implemented by the Agency, the Agency shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Alliance the rates of pay and the rules affecting the pay of employees on their movement to the new levels.
 
61.07 Acting Pay

a) When an employee is required by the Agency to substantially perform the duties of a higher classification level in an acting capacity and performs those duties:

(i) if she/he falls under letter code “X” (as defined in the Hours of Work Code), for a period of at least three (3) consecutive working days/shifts;
(ii) if she/he falls under the letter code “Y” (as defined in the Hours of Work Code), for a period of at least one (1) full working day/shift;

the employee shall be paid acting pay calculated from the date on which she/he commenced to act as if she/he had been appointed to that higher classification for the period in which she/he acts.

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

61.08 When the regular pay day for an employee falls on her/his day of rest, every effort shall be made to issue her/his cheque on her/his last working day, provided it is available at her/his regular place of work.

No Pyramiding of payments

61.09 Payments provided under the Overtime, Designated Paid Holiday, Standby, the call back and reporting pay provisions in this collective agreement shall not be pyramided, that is an employee shall not receive more than one compensation for the same service.

Article 62: allowances

62.01 Diving allowance

a) Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an allowance of twenty-five dollars ($25.00) per hour. The minimum allowance shall be:

(i) two (2) hours per dive scuba

(ii) four (4) hours per dive hard hat.

b) Diving time is that period during which an employee is equipped with diving gear to the extent that the employee is unable to perform other than diving duties.
c) A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained or surface air supply.
 
62.02 Dirty Work Allowance

When an employee is required to come in physical contact with the pollutant while engaged in the cleaning up of oil spills in excess of two hundred (200) litres which resulted from an accident or disaster, mechanical failure, bunkering or fuel transfer operations, the employee shall receive, in addition to the appropriate rate of pay, an additional one-half (1/2) his straight-time rate for every fifteen (15) minute period, or part thereof, worked. All of the foregoing duties must have the prior approval of the Agency before work is commenced.

62.03 Dog Handlers’ Allowance

When an employee is required to handle a trained detector dog during a shift, and in recognition of the duties associated with control, care and maintenance of the detector dog at all times, the employee shall be paid an allowance of one ($1) dollar per on-duty hour.

Article 63: agreement reopener

63.01 This agreement may be amended by mutual consent.

Article 64: duration

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64.01 The duration of this collective agreement shall be from the date it is signed to August 4th, 2025.

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

64.03 The Provisions of this collective agreement shall be implemented by the parties within a period of one hundred and fifty (150) days from the date of signing.

APPENDIX “A”: Annual rates of pay

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Architecture and Town Planning Group (AR)......................................…
Administrative Services Group (AS).......................................................
Biological Sciences Group (BI)...............................................................
Commerce Group (CO).......................................................................…
Clerical and Regulatory Group (CR).......................................................
Computer Systems Group (CS)..............................................................
Drafting and Illustration Group (DD).......................................................
Economics and Social Science Services Group (EC)..........................
Education Group (ED).............................................................................
Engineering and Scientific Support Group (EG).....................................
Electronics Group (EL)...........................................................................
Engineering and Land Survey Group (EN).............................................
Economics, Sociology and Statistics Group (ES)...................................
Financial Management Group (FI)..........................................................
Forestry Group (FO)...............................................................................
General Labour and Trades Group (GL) (all sub-groups)...............……
General Services (GS) (all sub-groups)...........................................…...
General Technical Group (GT)...............................................................
Heating, Power & Stationary Plant Operations Group (HP)...................
Historical Research Group (HR).............................................................
Information Services Group (IS).............................................................
Library Science Group (LS)....................................................................
Physical Sciences Group (PC)...............................................................
Purchasing and Supply Group (PG).......................................................
Program Administration Group (PM)......................................................
Photography Group (PY)........................................................................
Ships Crews Group (SC)........................................................................
Scientific Research Group (SE)...................................................
Social Science Support Group (SI).........................................................
Secretarial, Stenographic and Typing Group (ST)..................................

 AR - ARCHITECTURE AND TOWN PLANNING GROUP ANNUAL RATES OF PAY (in dollars)

AS - ADMINISTRATIVE SERVICES GROUP ANNUAL RATES OF PAY (in dollars)

 BI - BIOLOGICAL SCIENCES GROUP ANNUAL RATES OF PAY (in dollars)

CO - COMMERCE ANNUAL RATES OF PAY (in dollars)

 CR - CLERICAL AND REGULATORY GROUP ANNUAL RATES OF PAY (in dollars)

 CS - COMPUTER SYSTEM ADMINISTRATION ANNUAL RATES OF PAY (in dollars)

DD - DRAFTING AND ILLUSTRATION GROUP  ANNUAL RATES OF PAY (in dollars)