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Agreement between the Treasury Board and the Association of Justice Counsel
Group: Law
(All Lawyers)
Code: 214
Expiry Date: May 9, 2011
Table of
Contents
Agreement between the Treasury Board and the Association of Justice Counsel
Group: Law
(All Lawyers)
Code: 214
Expiry Date: May 9, 2011
Table of
Contents
1.01 The purpose of this Agreement is to
maintain harmonious and mutually beneficial relationships between the Employer,
the lawyers and the Association, to set forth certain terms and conditions of
employment relating to remuneration, hours of work, lawyer benefits and general
working conditions affecting lawyers covered by this Agreement.
1.02 The parties to this Agreement share a
desire to improve the quality of the Public Service of Canada, to maintain
professional standards and to promote the well-being and increased efficiency
of its lawyers to the end that the people of Canada will be well and
effectively served. Accordingly, they are determined to establish within the
framework provided by law, an effective working relationship at all levels of
the public service in which members of the bargaining units are employed.
1.03 The Employer recognizes the
Association as the exclusive bargaining agent for all lawyers in the bargaining
unit as described in paragraph 2.01(a), and agrees to bargain collectively in
accordance with the provisions of the Public
Service Labour Relations Act.
2.01 For the
purpose of this Agreement:
- "bargaining unit" (unité de négociation)
- means all the
employees of the Employer in the Law group, as described in the certificate
issued by the Public Service Labour Relations Board on the twelfth (12th) day
of September 2007;
- "continuous employment" (emploi continu)
- has the same meaning as
defined in the Directive on Terms and
Conditions of Employment on the date of the signing of this Agreement;
- "daily rate of pay" (taux de rémunération journalier)
- means a
lawyer weekly rate of pay divided by five (5);
- "day
of rest" (jour de repos)
- in
relation to a lawyer means a day other than a designated paid holiday on which
that lawyer is not ordinarily required to perform the duties of his position
other than by reason of his being on leave;
- "designated paid holiday" (jour férié désigné payé)
- means the
twenty-four (24) hour period commencing at 00:01 hour of a day designated as a
holiday in this Agreement;
- "Employer" (Employeur)
- means Her Majesty in right of
Canada as represented by the Treasury Board, and includes any person authorized
to exercise the authority of the Treasury Board;
- "headquarters area" (zone d'affectation)
- has the same
meaning as given to the expression in the Travel Directive;
- "hourly rate of pay" (taux de rémunération horaire)
- means a
full-time lawyer's weekly
rate of pay divided by thirty-seven decimal five (37.5);
- "Association" (Association)
- means the Association of
Justice Counsel;
- "lay-off" (mise en disponibilité)
- means the
termination of a lawyer's
employment because of lack of work or because of the discontinuance of a
function;
- "leave" (congé)
- means authorized absence from duty;
- "membership dues" (cotisation syndicales)
- means the dues
established pursuant to the By-laws and Regulations of the Association as the
dues payable by its members as a consequence of their membership in the
Association, and shall not include any initiation fee, insurance premium, or
special levy;
- "weekly rate of pay" (taux de rémunération hebdomadaire)
- means
a lawyer's annual
rate of pay divided by fifty-two decimal one seven six (52.176);
- "common-law
partner" (conjoint de fait)
- refers to a person living in a conjugal relationship with a lawyer for a continuous
period of at least one (1) year.
2.02
Except as otherwise provided in this Agreement, expressions used in this
Agreement:
- if
defined in the Public Service Labour
Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
and
- if
defined in the Interpretation Act,
but not defined in the Public Service
Labour Relations Act, have the same meaning as given to them in the Interpretation Act.
2.03
- In
this collective agreement, where the term "lawyer" is used, it
includes all employees covered by this collective agreement. For greater
certainty it includes notaries in the province of Quebec and all articling
students.
- Except for rates of pay, any reference in this Agreement
to LA-2A includes a lawyer at LA-2(I) and any reference in this Agreement to LA-2B
includes a lawyer at LA-2(II).
3.01 Both the English and French texts of
this Agreement are official.
4.01 The parties agree that, in the event
of a dispute arising out of the interpretation of a clause or Article of this
Agreement, the parties should meet within a reasonable time and seek to resolve
the problem. This Article does not prevent a lawyer from availing himself of
the grievance procedure provided in this Agreement.
5.01 All the functions, rights, powers and
authority which the Employer has not specifically abridged, delegated or
modified by this Agreement are recognized by the Association as being retained
by the Employer.
5.02 The Employer will act reasonably,
fairly and in good faith in administering this Agreement.
(Arbitral
award dated October 23, 2009, provision of clauses 5.01 and 5.02 effective
November 1, 2009)
6.01 Nothing in this Agreement shall be
construed as an abridgement or restriction of any lawyer's constitutional rights or of any right
expressly conferred in an Act of the Parliament of Canada.
7.01 The
Employer acknowledges the right of the Association to appoint lawyers as
representatives.
7.02 The Employer and the Association
shall, by mutual agreement, determine the area of jurisdiction of each
representative, having regard to the plan of organization and the distribution of
lawyers. (Arbitral award dated October 23,
2009, provision effective November 1, 2009)
7.03 The
Association shall notify the Employer promptly and in writing of the names and
jurisdiction of its representatives.
7.04 Leave for
Representatives
Operational requirements permitting, the Employer shall
grant leave with pay to a lawyer to enable him to carry out his functions as a
representative on the Employer's premises. When the discharge of these
functions requires a lawyer who is a representative to leave his normal place
of work, the lawyer shall report his return to his supervisor whenever
practicable. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
8.01 The provisions of this Agreement apply
to the Association, lawyers
and the Employer.
8.02 In this Agreement, words importing the
masculine gender shall include the feminine gender.
9.01 The Employer agrees to supply the
Association on a quarterly basis with a list of all lawyers in the bargaining
unit. The list referred to herein shall include the name, employing department,
geographical location and classification of the lawyer and shall be provided
within one (1) month following the termination of each quarter. As soon as
practicable, the Employer agrees to add to the above list the date of
appointment for new lawyers. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
9.02 The Employer agrees to supply each
lawyer with a copy of the collective agreement and any amendments thereto.
9.03 Upon the written request of a lawyer,
the Employer shall make available at a mutually satisfactory time National
Joint Council agreements listed in clause 30.03 which have a direct bearing on
the requesting lawyer's terms and conditions of employment. For the purpose of
satisfying the Employer's obligation under this clause, lawyers may be given
electronic access to the agreements.
9.04 The Employer agrees to distribute
to each new lawyer an information package prepared and supplied by the
Association. Such information package shall require the prior approval of the
Employer. The Employer shall have the right to refuse to distribute any
information that it considers adverse to its interests or to the interests of
any of its representatives.
9.05 The Employer shall, no less frequently than on a monthly
basis, provide the Association with a list of any changes made to current
excluded positions, including any positions that will no longer be excluded and
any positions that have been proposed for exclusion. This information shall
include the rationale for any proposed exclusion, the position number and names
of the incumbents of such positions, the employing department or agency and
organizational unit, and the geographical location of the lawyer. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
10.01 Access by an Association Representative
A representative appointed by the Association may be
permitted access to the Employer's premises on stated Association business and
to attend meetings called by management. Permission to enter the premises
shall, in each case, be obtained from the Employer. Such permission shall not
be unreasonably withheld.
10.02 Bulletin Boards
Reasonable space on bulletin boards, including electronic
bulletin boards where available, will be made available to the Association for
the posting of official notices, in convenient locations determined by the
Employer and the Association. Notices or other material shall require the prior
approval of the Employer, except notices relating to the business affairs of
the Association and social and recreational events. The Employer shall have the
right to refuse the posting of any information which he considers adverse to
his interests or to the interests of any of his representatives.
10.03 Association Literature
The Employer shall continue its present practice of making
available to the Association, specific locations on its premises for the
placement of reasonable quantities of Association literature.
11.01 Public Service Labour Relations Board Hearings
- Complaints made to the Public Service Labour Relations Board
pursuant to Section 190(1) of the Public Service Labour Relations Act
- Where operational
requirements permit, in cases of complaints made to the Public Service Labour
Relations Board pursuant to section 190(1) of the Public Service Labour
Relations Act (PSLRA) alleging a breach of sections 157, 186(1)(a),
186(1)(b), 186(2)(a)(i), 186(2)(b), 187, 188(a) or 189(1) of the PSLRA, the
Employer will grant leave with pay:
- to a
lawyer who makes a complaint on his own behalf before the Public Service Labour
Relations Board,
and
- to
the lawyer who acts on behalf of a lawyer making a complaint, or who acts on
behalf of the Association making a complaint.
(Arbitral award dated
October 23, 2009, provision effective
November 1, 2009)
- Applications for Certification, Representations and Interventions
with Respect to Applications for Certification
- Where operational requirements permit, the Employer will
grant leave without pay:
- to a
lawyer who represents the Association in an application for certification or in
an intervention,
and
- to a
lawyer who makes personal representations with respect to a certification. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
- Lawyer Called as a Witness
- The Employer will grant leave with pay:
- to a
lawyer called as a witness by the Public Service Labour Relations Board,
and
- where
operational requirements permit, to a lawyer called as a witness by a lawyer or
the Association. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
11.02 Arbitration Board, Public Interest Commission and Alternate Dispute
Resolution Process
- Where operational requirements permit, the Employer will grant leave with pay
to a lawyer representing the Association before an Arbitration Board, Public
Interest Commission or in an Alternate Dispute Resolution Process. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
- Lawyer Called as a Witness
- The
Employer will grant leave with pay to a lawyer called as a witness by an
Arbitration Board, Public Interest Commission or Alternate Dispute Resolution
Process and, where operational requirements permit, leave with pay to a lawyer
called as a witness by the Association. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.03 Adjudication
- Lawyer Who is a Party
- Where
operational requirements permit, the Employer will grant leave with pay to a
lawyer who is a party. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Who Acts as Representative
- Where
operational requirements permit, the Employer will grant leave with pay to the
representative of a lawyer who is a party. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Called as a Witness
- Where
operational requirements permit, the Employer will grant leave with pay to a
witness called by a lawyer who is a party. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.04 Meetings During the Grievance Process
- Lawyer Presenting Grievance
- Where operational requirements permit, the Employer will grant to a lawyer:
- where
the Employer originates a meeting with the lawyer who has presented the
grievance, leave with pay when the meeting is held in the headquarters area of
such lawyer and "on duty" status when the meeting is held outside the
headquarters area of such lawyer;
and
- where
a lawyer who has presented a grievance seeks to meet with the Employer, leave
with pay to the lawyer when the meeting is held in the headquarters area of
such lawyer and leave without pay when the meeting is held outside the
headquarters area of such lawyer. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
- Lawyer Who Acts as Representative
- Where a
lawyer wishes to represent at a meeting with the Employer, a lawyer who has
presented a grievance, the Employer will, where operational requirements
permit, grant leave with pay to the representative when the meeting is held in
the headquarters area of such lawyer and leave without pay when the meeting is
held outside the headquarters area of such lawyer. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
- Grievance Hearings
- Where a
lawyer has asked or is obliged to be represented by the Association in relation
to the presentation of a grievance and an lawyer acting on behalf of the
Association wishes to discuss the grievance with that lawyer, the lawyer and
the representative of the lawyer will, where operational requirements permit,
be given reasonable leave with pay for this purpose when the discussion takes
place in the headquarters area of such lawyer and leave without pay when it
takes place outside the headquarters area of such lawyer. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
11.05 Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer for the purpose of attending contract
negotiations meetings on behalf of the Association. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
11.06 Preparatory Contract Negotiations Meetings
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer to attend preparatory contract negotiations
meetings. (Arbitral award dated October
23, 2009, provision effective November 1, 2009)
11.07 Meetings Between the Association and Management
Where operational requirements permit, the Employer will grant
leave with pay to a lawyer to attend meetings with management on behalf of the
Association. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
11.08 Association Executive Council Meetings and Conventions
Where operational requirements permit, the Employer will
grant leave without pay to a lawyer to attend Executive Council Meetings and
Conventions of the Association. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
11.09 Representatives' Training Courses
- Where operational requirements permit, the Employer will
grant leave without pay to lawyers appointed as Representatives by the
Association, to undertake training sponsored by the Association related to the
duties of a Representative.
- Where operational requirements permit, the Employer will
grant leave with pay to lawyers appointed as Representatives by the
Association, to attend training sessions concerning Employer-lawyer relations
sponsored by the Employer. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
12.01 The Employer will deduct an amount of
the membership dues from the pay of all lawyers in the bargaining unit.
12.02 The Association shall inform the
Employer in writing of the authorized deduction to be checked off for each
lawyer in the bargaining unit.
12.03 For the purpose of applying clause 12.01,
deductions from pay for each lawyer will start the first (1st) day of the month
following the employment to the extent that earnings are available. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
12.04 A lawyer who satisfies the
Association as to the bona fides of his or her claim and declares in an
affidavit that he or she is a member of a religious organization whose doctrine
prevents him or her as a matter of conscience from making financial
contributions to an employee organization and that he or she will make
contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not
be subject to this Article, provided that the affidavit submitted by the lawyer
is countersigned by an official representative of the religious organization
involved. The Association will inform the Employer accordingly.
12.05 No employee organization, as defined
in section 2 of the Public Service Labour
Relations Act, other than the Association, shall be permitted to have
membership dues and/or other monies deducted by the Employer from the pay of
lawyers in the bargaining unit.
12.06 The amounts deducted in accordance
with clause 12.01 shall be remitted to the Association by cheque within a
reasonable period of time after deductions are made and shall be accompanied by
particulars identifying each lawyer and the deductions made on his behalf. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
12.07 The Employer agrees to make
deductions for other purposes on the basis of the production of appropriate
documentation in accordance with its past practice with other unions.
12.08 The Association agrees to
indemnify and save the Employer harmless against any claim or liability arising
out of the application of this Article except for any claim or liability
arising out of an error committed by the Employer that shall be limited to the
amount of the unremitted membership dues.
12.09 When it is mutually acknowledged that
an error has been committed, the Employer shall endeavour to correct such error
within the two (2) pay periods following the acknowledgement of error.
13.01 The following applies to lawyers at
the LA-1 and LA-2A levels:
- The
normal hours of work for lawyers shall average thirty-seven decimal five (37.5)
hours per week over each four (4) week period. Subject to the approval of the
Employer, the hours of work shall be arranged to suit a lawyer's individual
duties and to permit the lawyer to carry out his or her professional
responsibilities.
- In
making arrangements for hours of work, lawyers will be permitted reasonable
flexibility in the times during which they perform their work, including
arrival and departure from the workplace, to enable them to balance work and
family responsibilities.
- The
normal work week shall be Monday through Friday, except where a lawyer is
required to work on what would normally be a day of rest or a paid holiday in
order to carry out his or her professional responsibilities.
- A
reconciliation of hours of work will be made by the lawyer and his or her
immediate supervisor for each four (4) week period. In computing the hours of
work within the period, vacation, designated paid holidays, and other leaves of absence
will account for seven decimal five (7.5) hours per day.
- Where
a lawyer has been required to work in excess of an average of thirty-seven decimal
five (37.5) hours per week over a four (4) week period, the lawyer shall be
compensated at the rate of one and one-half (1 1/2) times the lawyer's hourly
rate of pay for each hour worked in excess of the normal hours of work for each
four (4) week period.
- In
the calculation of hours worked for the purposes of paragraph (e) hereof, a
lawyer shall be deemed to have worked seven decimal five (7.5) hours on any day
when the actual hours worked were more than seven decimal five (7.5) but less
than eight decimal five (8.5) hours. All other calculations for overtime shall
be based on each completed period of thirty (30) minutes.
- Upon
application by the lawyer and at the discretion of the Employer, compensation
earned under this Article will be taken in the form of compensatory leave
calculated at the premium rate set out in this Article, provided that
compensatory leave earned in a fiscal year and outstanding on September 30th of
the next following fiscal year shall be paid at the lawyer's daily rate of pay
on September 30th.
- When
a payment is made to liquidate compensatory leave outstanding at the end of a
fiscal year, the Employer will endeavour to make such payment within six (6)
weeks of the first pay period after September 30th of the following fiscal year.
- Nothing
in this Article is intended to prevent lawyers from having access to the
Employer's existing policies respecting alternate work arrangements, including
compressed work week, job sharing, telework, self-funded leave and pre-retirement
transition leave.
- Lawyers
will submit such attendance and timekeeping reports as may be required by the
Employer for the purposes of this Article. (Arbitral
award dated October 23, 2009, provision effective February 20, 2010)
13.02 The following applies to lawyers at the LA-2B and LA-3 levels:
- The
normal hours of work for lawyers shall average thirty-seven decimal five (37.5)
hours per week over each four (4) week period. Subject to the approval of the
Employer, the hours of work shall be arranged to suit a lawyer's individual
duties and to permit the lawyer to carry out his or her professional
responsibilities.
- In
making arrangements for hours of work, lawyers will be permitted reasonable
flexibility in the times during which they perform their work, including
arrival and departure from the workplace, to enable them to balance work and
family responsibilities.
- The
normal work week shall be Monday through Friday, except where a lawyer is
required to work on what would normally be a day of rest or a paid holiday in
order to carry out his or her professional responsibilities.
- A
reconciliation of hours of work will be made by the lawyer and his or her
immediate supervisor for each four (4) week period. In computing the hours of
work within the period, vacation, designated paid holidays, and other leaves of absence
will account for seven decimal five (7.5) hours per day.
- Lawyers
are eligible for exceptional leave with pay, as the delegated manager considers
appropriate, for a period of up to five (5) days in one (1) fiscal year.
Examples of such leave are situations where lawyers are required to work
excessive hours.
- Under
exceptional circumstances, the deputy head can approve exceptional leave with
pay for a period exceeding the five (5) days referred to above.
- Leave
granted as exceptional leave with pay can be carried over into the next fiscal
year, and is to be used within six (6) months of being granted.
- Lawyers
will submit such attendance and timekeeping reports as may be required by the Employer
for the purposes of this Article.
(Arbitral award dated
October 23, 2009, provisions of clause 13.01 and 13.02 effective February 20,
2010)
13.03 Reimbursement of Meal Expenses
A lawyer who is required by the Employer to work beyond
normal hours extending beyond the normal meal period or who works at least
three (3) hours on a day of rest or on a designated paid holiday will be reimbursed for
out of pocket expenses for one (1) or more meals, depending on the number of
meal periods occurring in the period of time so worked, up to the amounts set
out in Appendix C to the Travel Directive.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
14.01 Clauses 14.02 to 14.07 inclusive
apply only to lawyers at levels LA-1 and LA-2A. Clause 14.08 applies to all
lawyers.
14.02
- When a lawyer is required to
travel outside his headquarters area on government business, the time of
departure and the means of such travel shall be determined by the Employer and
the lawyer will be compensated for travel time in accordance with clauses 14.02
and 14.03. Travelling time shall include time necessarily spent at each stop-over
en route, provided such stop-over does not include an overnight stay.
- Pursuant
to paragraph (a), when a lawyer is travelling by public transportation and,
owing to an unforeseeable or unavoidable delay, is subject to an unscheduled
overnight stay with overnight accommodation, travelling time shall include time
necessarily spent at the stop-over en route as well as the necessary time to
reach the overnight accommodation.
14.03 For the purposes of clauses 14.02
and 14.04, the travelling time for which a lawyer shall be compensated is as
follows:
- For
travel by public transportation, the time between the scheduled time of
departure and the time of arrival at a destination, including the normal travel
time to the point of departure, as determined by the Employer.
- For
travel by private means of transportation, the normal time as determined by the
Employer to proceed from the lawyer's place of residence or work place, as
applicable, direct to his destination and, upon his return, direct back to his
residence or work place.
- In
the event that an alternate time of departure and/or means of travel is requested
by the lawyer, the Employer may authorize such alternate arrangement in which
case compensation for travelling time shall not exceed that which would have
been payable under the Employer's original determination.
14.04 If a lawyer is required to travel
as set forth in clauses 14.02 and 14.03:
- On a
normal working day on which he travels but does not work, a lawyer shall
receive his/her regular pay for the day.
- On a
normal working day on which the lawyer travels and works, the lawyer shall be
paid:
- regular pay for the day for a combined
period of travel and work not exceeding seven decimal five (7.5) hours,
and
- compensation at the rate of time and one-half
(1 1/2) for additional travel time in excess of a seven decimal five (7.5) hour
period of work and travel, with maximum compensation for such additional travel
time not to exceed twelve (12) hours pay at the straight-time rate in any day.
- On a day of rest or on a designated paid holiday, a
lawyer shall be compensated at the rate of time and one-half (1 1/2) for hours
travelled to a maximum of twelve (12) hours' pay at the straight-time
rate.
- In the calculation of hours worked and/or travelled for the purposes of
paragraphs (b) and (c) above, a lawyer shall be deemed to have worked and/or
travelled seven decimal five (7.5) hours on any day when the actual hours
worked and/or travelled were more than seven decimal five (7.5) but less than
eight decimal five (8.5) hours. All other calculations for travelling time
shall be based on each completed period of thirty (30) minutes.
14.05 A lawyer shall not be compensated for
travelling time to courses, training sessions, conferences and seminars to
which the lawyer is sent for the purpose of career development, unless required
to attend by the Employer.
14.06 Upon application by the lawyer and at
the discretion of the Employer, compensation for travel time will be taken in
the form of compensatory leave, which will be calculated at the applicable
premium rate laid down in this Article. Compensatory leave earned in a fiscal
year and outstanding on September 30th of the next following fiscal year shall
be paid at the lawyer's daily rate of pay on September 30th.
14.07 Where the Employer has agreed to make
cash payment under this Article the Employer will endeavour to make such
payments within six (6) weeks from September 30th.
(Arbitral award dated
October 23, 2009, provisions of clauses 14.02 to 14.07 effective February 20,
2010).
14.08 Travel Status Leave
- A
lawyer who is required to travel outside his or her headquarters area on
government business, as these expressions are defined by the Employer, and is
away from his permanent residence for forty (40) nights during a fiscal year
shall be granted seven decimal five (7.5) hours of time off with pay. The
lawyer shall be credited with seven decimal five (7.5) hours of time off for
each additional twenty (20) nights that the lawyer is away from his or her
permanent residence to a maximum of eighty (80) additional nights.
- The
maximum number of days off earned under this clause shall not exceed thirty-seven
decimal five (37.5) hours in a fiscal year and shall accumulate as compensatory
leave with pay.
- This
leave with pay is deemed to be compensatory leave. Compensatory leave earned and
outstanding at the end of the fiscal year shall be paid at the lawyer's hourly
rate of pay on that date.
- The
provisions of this clause do not apply when the lawyer travels in connection
with courses, training sessions, professional conferences and seminars, unless
the lawyer is required to attend by the Employer.
15.01 Except as provided in clauses 15.02
to 15.08 inclusive, the terms and conditions governing the application of pay
to lawyers are not affected by this Agreement.
15.02 A lawyer is entitled to be paid for
services rendered at:
- the
pay specified in Appendix "A" for the classification of the position
to which he is appointed, if the classification coincides with that prescribed
in his certificate of appointment,
or
- the
pay specified in Appendix "A" for the classification prescribed in
his certificate of appointment, if that classification and the classification
of the position to which he is appointed do not coincide.
15.03 Rates
of Pay
- The
rates of pay set forth in Appendix "A" shall become effective on the
dates specified.
- 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:
- "retroactive period" for the
purpose of subparagraphs (ii) to (v) means the period from the effective date
of the revision up to and including the day before the collective agreement is
signed or when an arbitral award is rendered therefore;
- a retroactive upward revision in rates of
pay and associated recalculations as identified in the Directive on Terms and
Conditions of Employment shall apply to lawyers, former lawyers or in the case
of death, the estates of former lawyers who were employees in the Law bargaining
unit during the retroactive period;
- 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;
- for promotions, demotions, deployments,
transfers or acting situations effective during the retroactive period, the
rate of pay shall be recalculated, in accordance with the Directive on Terms and Conditions of
Employment, using the revised rates of pay. If the recalculated rate of
pay is less than the rate of pay the lawyer 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;
- no payment or no notification shall be made
pursuant to paragraph 15.03(b) for one dollar ($1.00) or less.
15.04 Only rates of pay which have been
paid to a lawyer during the retroactive period will be recomputed and the
difference between the amount paid on the old rates of pay and the amount
payable on the new rates of pay will be paid to the lawyer.
15.05 Acting Pay
- When a lawyer is required by the Employer
to substantially perform the duties of a higher classification level on an acting
basis for a period of at least six (6) consecutive working days, the lawyer
shall be paid acting pay calculated from the date on which the lawyer commenced
to act as if the lawyer had been appointed to that higher classification level
or managerial position for the period in which the lawyer acts.
- 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.
15.06 Effective November 1, 2009, the
performance pay plan in Appendix "B" will apply to lawyers at the LA-1 and LA-2
levels and the performance pay plan in Appendix "C" will apply to lawyers at the
LA-3 level.
Clauses 15.07 and 15.08 only
apply to LAs subject to the lock step pay structure (BUD 21402), and no longer
apply after October 31, 2009.
15.07 The pay increment date for a lawyer
who was appointed to a position in the bargaining unit prior to the date of
signing remains unchanged.
15.08 Pay Administration
When two (2) or more of the following actions occur on the
same date, namely appointment, pay increment, pay revision, the lawyer's rate
of pay shall be calculated in the following sequence:
- he
shall receive his pay increment;
- his
rate of pay shall be revised;
- his
rate of pay on appointment shall be established in accordance with this
Agreement.
16.01 Subject to clause 16.02, the
following days shall be designated paid holidays for lawyers:
- New
Year's Day,
- Good
Friday,
- Easter
Monday,
- the
day fixed by proclamation of the Governor in Council for celebration of the
Sovereign's Birthday,
- Canada
Day,
- Labour
Day,
- the
day fixed by proclamation of the Governor in Council as a general day of
Thanksgiving,
- Remembrance
Day,
- Christmas
Day,
- Boxing
Day,
- one
(1) additional day in each year that, in the opinion of the Employer, is
recognized to be a provincial or civic holiday in the area in which the lawyer
is employed or in any area where, in the opinion of the Employer, no such day
is recognized as a provincial or civic holiday, the first (1st) Monday in
August,
and
- one
(1) additional day when proclaimed by an Act of Parliament as a National
Holiday. (Arbitral award dated October
23, 2009, provision effective November 1, 2009)
16.02 A lawyer absent without pay on both
his full working day immediately preceding and his full working day immediately
following a designated paid holiday, is not entitled to pay for the holiday,
except in the case of a lawyer who is granted leave without pay under the
provisions of Article 11, Leave With or Without Pay for Association Business or
for Other Activities under the Public
Service Labour Relations Act.
16.03 Holiday Falling on a Day of Rest
When a day designated as a paid holiday under clause 16.01
coincides with a lawyer's day of rest, the holiday shall be moved to the lawyer's
first (1st) normal working day following his day of rest.
16.04 When a day designated as a paid
holiday for a lawyer is moved to another day under the provisions of clause 16.03:
- work
performed by a lawyer on the day from which the holiday was moved shall be considered
as work performed on a day of rest,
and
- work
performed by a lawyer on the day to which the holiday was moved, shall be
considered as work performed on a holiday.
16.05 Designated Paid Holiday
Coinciding With a Day of Paid Leave
Where a day that is a designated paid holiday for a lawyer
coincides with a day of leave with pay or is moved as a result of the
application of clause 16.03, the designated paid holiday shall not count as a
day of leave.
17.01 The vacation year shall be from April
1st to March 31st, inclusive.
17.02 Accumulation of Vacation Leave Credits
A lawyer who has earned at least seventy-five (75) hours pay
for each calendar month of a fiscal year shall earn vacation leave credits at
the following rates:
- nine
decimal three seven five (9.375) hours at the lawyer's straight-time hourly
rate until the month in which the lawyer's fifth (5th) anniversary of service
occurs;
- twelve
decimal five (12.5) hours at the lawyer's straight-time hourly rate commencing
with the month in which the lawyer's fifth (5th) anniversary of service occurs;
- thirteen
decimal seven five (13.75) hours at the lawyer's straight-time hourly rate
commencing with the month in which the lawyer's fifteenth (15th) anniversary of
service occurs;
- fourteen
decimal three seven five (14.375) hours at the lawyer's straight-time hourly
rate commencing with the month in which the anniversary of the lawyer's
seventeenth (17th) year of service occurs;
- fifteen
decimal six two five (15.625) hours at the lawyer's straight-time hourly rate
commencing with the month in which the anniversary of the lawyer's eighteenth (18th)
year of service occurs;
- sixteen
decimal eight seven five (16.875) hours at the lawyer's straight-time hourly
rate commencing with the month in which the lawyer's twenty-fifth (25th) anniversary
of service occurs;
- eighteen
decimal seven five (18.75) hours at the lawyer's straight-time hourly rate
commencing with the month in which the anniversary of the lawyer's twenty-eighth
(28th) anniversary of service occurs.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
Clause 17.03 is a grand
parenting clause
17.03 Lawyers who are currently at levels LA-2B
or LA-3 levels and who are entitled or might become entitled, to twenty-five
(25) days of leave before the completion of eighteen (18) years of service,
shall continue to qualify for twenty-five (25) days of leave as before. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009)
17.04 For the purpose of clause 17.02 only,
all service within the public service, whether continuous or discontinuous,
shall count toward vacation leave except where a person who, on leaving the
public service, takes or has taken severance pay. However, the above exception
shall not apply to a lawyer who receives severance pay on lay-off and is
reappointed to the public service within one (1) year following the date of lay-off.
17.05 Granting of Vacation Leave With Pay
- Lawyers
are expected to take all their vacation leave during the vacation year in which
it is earned.
- The
Employer reserves the right to schedule a lawyer's vacation leave with pay but
subject to operational requirements, shall make every reasonable effort:
- to grant a lawyer's vacation leave with pay
in an amount and at such time as the lawyer may request;
- not to recall a lawyer to duty after the
lawyer has proceeded on vacation leave with pay.
17.06 A lawyer is entitled to vacation
leave with pay to the extent of his earned credits but a lawyer who has
completed six (6) months of continuous employment may receive an advance of credits
equivalent to the anticipated credits for the vacation year.
17.07 Where, in respect of any period of
vacation leave, a lawyer:
- is
granted bereavement leave,
or
- is
granted sick leave on production of a medical certificate,
or
- is
granted court leave in accordance with paragraph 19.15(c),
the period of vacation leave so displaced shall either be
added to the vacation period if requested by the lawyer and approved by the
Employer or reinstated for use at a later date.
17.08 Carry-Over and Liquidation of Vacation Leave
- Where
in any vacation year, a lawyer has not been granted all of the vacation leave
credited to him or her, the unused portion of his or her vacation leave credits up to a maximum of two hundred and
sixty two decimal five (262.5) hours
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) hours
shall be automatically paid in cash at the lawyer's daily rate of pay as
calculated from the classification prescribed in the certificate of appointment
of the lawyer's substantive position on the last day of the vacation year.
- Notwithstanding
paragraph (a), if on the date of signing of this Agreement or on the date a
lawyer becomes subject to this Agreement, a lawyer has more than two hundred and sixty two decimal five (262.5) hours of unused vacation leave credits earned
during previous years, a minimum of seventy-five (75) hours credit per year
shall be granted, or paid in cash by March 31st of each year, until all
vacation leave credits in excess of two hundred and sixty two decimal five (262.5) hours have been liquidated. Payment shall be in one (1) instalment per year,
and shall be at the lawyer's daily rate of pay as calculated from the
classification prescribed in the certificate of appointment of the lawyer's
substantive position on March 31st of the applicable previous vacation year.
17.09 Immediately following March 31, upon
application by the lawyer and at the discretion of the Employer, vacation leave
credits in excess of one hundred twelve decimal five (112.5) hours may be paid
in cash at the lawyer's daily rate of pay as calculated from the classification
prescribed in the lawyer's certificate of appointment of his substantive
position on March 31st.
17.10 Recall From Vacation Leave With Pay
Where, during any period of vacation leave with pay, a
lawyer is recalled to duty, the lawyer shall be reimbursed for reasonable
expenses, as normally defined by the Employer, that the lawyer incurs:
- in
proceeding to the lawyer's place of duty,
and
- in returning to the place from which the lawyer was recalled
if the lawyer immediately resumes vacation upon completing the assignment for
which the lawyer was recalled,
after submitting such accounts as are normally required by
the Employer.
17.11 The lawyer shall not be considered as
being on vacation leave with pay during any period in respect of which the
lawyer is entitled under clause 17.10 to be reimbursed for reasonable expenses
incurred by the lawyer.
17.12 When the Employer cancels or alters a
scheduled period of vacation leave of a lawyer, which has been approved in
writing in advance, the lawyer shall be reimbursed for the non-returnable
portion of vacation contracts and reservations made by the lawyer in respect of
that period, subject to presentation of such documentation as the Employer may
require. The lawyer must make every reasonable attempt to mitigate any losses
incurred and will provide proof of such action to the Employer.
17.13 Leave When Employment Terminates
When a lawyer dies or otherwise ceases to be employed, he or
his estate shall be paid an amount equal to the product obtained by multiplying
the number of days of earned but unused vacation and furlough leave with pay to
his credit by the daily rate of pay applicable to the lawyer's authorized
classification immediately prior to the termination of his employment.
17.14 Vacation Leave Credits for Severance Pay
Where the lawyer requests, the Employer shall grant the
lawyer the unused vacation leave credits prior to termination of employment if
this will enable the lawyer, 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.
18.01 Credits
A lawyer shall earn sick leave credits at the rate of nine decimal
three seven five (9.375) hours for each calendar month for which he receives
pay for at least seventy-five (75) hours.
18.02 A lawyer shall be granted sick leave
with pay when he is unable to perform his duties because of illness or injury
provided that:
- he satisfies the Employer of this condition in such a manner
and at such a time as may be determined by the Employer,
and
- he
has the necessary sick leave credits.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
18.03 A lawyer shall not be granted sick
leave with pay during any period in which he is on leave without pay, or under
suspension.
18.04 When a lawyer 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 lawyer was not granted sick leave with pay.
18.05
- Where a lawyer has insufficient or no credits to cover the granting of sick
leave with pay under the provisions of clause 18.02 above, sick leave with pay
may, at the discretion of the Employer, be granted to a lawyer for a period of
up to one hundred and eighty-seven decimal five (187.5) hours, subject to the
deduction of such advanced leave from any sick leave credits subsequently
earned.
- Notwithstanding the foregoing, a lawyer at the LA-3 level who has
insufficient credits to cover the granting of sick leave with pay during the
lawyer's entire period of illness may be granted, at the discretion of the
Employer, an advance of sick leave credits of up to one hundred and thirty (130)
working days. Any amounts so granted shall not be recovered from future earned
sick leave credits.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
18.06 Unless the lawyer is otherwise
informed by the Employer, a statement signed by him stating that because of
illness or injury he was unable to perform the lawyer's duties shall, when
delivered to the Employer, be considered as meeting the requirements of
paragraph 18.02(a).
The Employer may obtain at any time a medical opinion from
Health Canada or its authorized agent on the lawyer's ability to perform all or
some of his duties. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009)
19.01 In respect to applications for leave
made pursuant to this Article, the lawyer may be required to provide
satisfactory validation of the circumstances necessitating such requests.
19.02 Bereavement Leave With Pay
For the purpose of this clause, immediate family is defined
as the father, mother, child (or alternatively stepparent, foster parent,
stepchild or ward) of the lawyer or the lawyer's spouse (including common-law
partner), brother, sister, spouse (including common-law partner), grandchild of
the lawyer, the lawyer's grandparent, or any other relative permanently
residing in the lawyer's household or with whom the lawyer permanently resides.
- When
a member of the lawyer's immediate family dies, a lawyer:
- shall be entitled to a bereavement period
of five (5) consecutive calendar days which must include the day of the
funeral. During such period the lawyer shall be paid for those days which are
not regularly scheduled days of rest for that lawyer.
- In addition, the lawyer may be granted up
to three (3) days' leave with pay for the purpose of travel related to the
death.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
- It
is recognized by the parties that the circumstances which call for leave in
respect of bereavement are based on individual circumstances. On request, the
deputy head of a department may, after considering the particular circumstances
involved, grant leave with pay for a period greater and/or in a manner
different than that provided for in paragraph 19.02(a).
19.03 Maternity Leave
Without Pay
- A lawyer 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.
- Notwithstanding
paragraph (a):
- where the lawyer has not yet proceeded on
maternity leave without pay and her newborn child is hospitalized,
or
- where the lawyer has proceeded on
maternity leave without pay and then returns to work for all or part of the
period during which her newborn child is hospitalized,
the
period of maternity leave without pay defined in paragraph (a) may be extended
beyond the date falling eighteen (18) weeks after the date of termination of
pregnancy by a period equal to that portion of the period of the child's
hospitalization during which the employee was not on maternity leave, to a
maximum of eighteen (18) weeks.
- The
extension described in paragraph (b) shall end not later than fifty-two (52)
weeks after the termination date of pregnancy.
- The Employer may require a lawyer to submit
a medical certificate certifying pregnancy.
- A
lawyer who has not commenced maternity leave without pay may elect to:
- use earned vacation and compensatory leave
credits up to and beyond the date that her pregnancy terminates;
- use her sick leave credits up to and
beyond the date that her pregnancy terminates, subject to the provisions set
out in Article 18, Sick Leave With Pay. For purposes of this subparagraph, the
terms "illness" or "injury" used in Article 18, Sick Leave
With Pay, shall include medical disability related to pregnancy.
- A lawyer shall inform the Employer in
writing of her plans for taking leave with and without pay to cover her absence
from work due to the pregnancy at least four (4) weeks in advance of the
initial date of continuous leave of absence during which termination of
pregnancy is expected to occur unless there is a valid reason why the notice
cannot be given.
- 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.
19.04 Maternity Allowance
- A
lawyer 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:
- has completed six (6) months of continuous
employment before the commencement of her maternity leave without pay,
- provides the Employer with proof that she
has applied for and is in receipt of maternity benefits under the Employment
Insurance or the Québec Parental Insurance Plan in respect of insurable
employment with the Employer,
and
- has signed an agreement with the Employer
stating that:
- she will return to work on the expiry date of her
maternity leave without pay unless the return to work date is modified by the
approval of another form of leave;
- 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;
- should she fail
to return to work in accordance with section (A), or should she return to work
but fail to work for the total period specified in section (B), for reasons
other than death, lay-off, early termination due to lack of work or
discontinuance of a function of a specified period of employment that would
have been sufficient to meet the obligations specified in section (B), or
having become disabled as defined in the
Public Service Superannuation Act, she will be indebted to the Employer for
an amount determined as follows: however, a lawyer whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
her new period of employment is sufficient to meet the obligations specified in
section (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 lawyer'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).
- Maternity
allowance payments made in accordance with the SUB Plan will consist of the
following:
- where a lawyer is subject to a waiting
period of two (2) weeks before receiving Employment Insurance maternity
benefits, ninety-three per cent (93%) of her weekly rate of pay for each week
of the waiting period, less any other monies earned during this period,
and
- for each week that the lawyer receives a
maternity benefit under the Employment Insurance or the Québec Parental
Insurance Plan, she is eligible to receive the difference between ninety-three per
cent (93%) of her weekly rate of pay and the maternity benefit, less any other
monies earned during this period which may result in a decrease in her
maternity benefit to which she would have been eligible if no extra monies had
been earned during this period.
- At
the lawyer's request, the payment referred to in subparagraph 19.04(c)(i) will
be estimated and advanced to the employee. Adjustments will be made once the
employee provides proof of receipt of Employment Insurance or Québec Parental
Insurance Plan maternity benefits.
- The
maternity allowance to which a lawyer 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.
- The
weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time lawyer, the lawyer's weekly
rate of pay on the day immediately preceding the commencement of maternity
leave without pay,
- for a lawyer 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 lawyer's straight time earnings by the straight time earnings
the employee would have earned working full-time during such period.
- 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.
- Notwithstanding
paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately
preceding the commencement of maternity leave without pay a lawyer has been on
an acting assignment for at least four (4) months, the weekly rate shall be the
rate she was being paid on that day.
- Where
a lawyer becomes eligible for a pay increment or pay revision while in receipt
of the maternity allowance, the allowance shall be adjusted accordingly.
- Maternity
allowance payments made under the SUB Plan will neither reduce nor increase a
lawyer's deferred remuneration or severance pay.
19.05 Special Maternity Allowance for
Totally Disabled Lawyers
- A lawyer who:
- fails to satisfy the eligibility
requirement specified in subparagraph 19.04(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
- has satisfied all of the other eligibility
criteria specified in paragraph 19.04(a), other than those specified in
sections (A) and (B) of subparagraph 19.04(a)(iii);
shall be
paid, in respect of each week of maternity allowance not received for the
reason described in subparagraph 19.05(a)(i), the difference between ninety-three
per cent (93%) of her weekly rate of pay, and the gross amount of her weekly
disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
- A
lawyer shall be paid an allowance under this clause and under clause 19.04 for
a combined period of no more than the number of weeks during which she would
have been eligible for maternity benefits under the Employment Insurance or 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 19.05(a)(i).
19.06 Parental Leave Without Pay
- Where a lawyer 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 lawyer shall, upon request, be granted parental leave
without pay for a single period of up to thirty-seven (37) consecutive weeks in
the fifty-two (52) week period beginning on the day on which the child is born
or the day on which the child comes into the lawyer's care.
- Where an lawyer 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 lawyer shall,
upon request, be granted parental leave without pay for a single period of up
to thirty-seven (37) consecutive weeks in the fifty-two week (52) period
beginning on the day on which the child comes into the lawyer's care.
- Notwithstanding
paragraphs (a) and (b) above, at the request of a lawyer and at the discretion
of the Employer, the leave referred to in the paragraphs (a) and (b) above may
be taken in two (2) periods.
- Notwithstanding paragraphs (a) and
(b):
- where the lawyer's child is hospitalized
within the period defined in the above paragraphs, and the lawyer has not yet
proceeded on parental leave without pay,
or
- where the lawyer has proceeded on parental
leave without pay and then returns to work for all or part of the period during
which his or her child is hospitalized,
the
period of parental leave without pay specified in the original leave request
may be extended by a period equal to that portion of the period of the child's
hospitalization during which the lawyer 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.
- A
lawyer who intends to request parental leave without pay shall notify the Employer
at least four (4) weeks in advance of the commencement date of such leave.
- The
Employer may:
- defer the commencement of parental leave
without pay at the request of the lawyer;
- grant the lawyer parental leave without
pay with less than four (4) weeks' notice;
- require a lawyer to submit a birth
certificate or proof of adoption of the child.
- 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.
19.07 Parental Allowance
- A
lawyer who has been granted parental leave without pay, shall be paid a
parental allowance in accordance with the terms of the Supplemental
Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i), providing
he or she:
- has completed six (6) months of continuous
employment before the commencement of parental leave without pay,
- provides
the Employer with proof that he or she has applied for and is in receipt of
parental, paternity or adoption benefits under the Employment Insurance or the
Québec Parental Insurance Plan in respect of insurable employment with the
Employer,
and
- has signed an agreement with the Employer
stating that:
- the lawyer will return to work on the
expiry date of his/her parental leave without pay, unless the return to work
date is modified by the approval of another form of leave;
- following his or her return to work, as
described in section (A), the lawyer will work for a period equal to the period
the employee was in receipt of the parental allowance, in addition to the
period of time referred to in section 19.04(a)(iii)(B), if applicable;
- should he or she fail to return to work
in accordance with section (A) or should he or she return to work but fail to
work the total period specified in section (B), for reasons other than death,
lay-off, early termination due to lack of work or discontinuance of a function
of a specified period of employment that would have been sufficient to meet the
obligations specified in section (B), or having become disabled as defined in
the Public Service Superannuation Act,
he or she will be indebted to the Employer for an amount determined as follows: however, a lawyer whose specified period of
employment expired and who is rehired in any portion of the Core Public
Administration as specified in the Public Service Labour Relations Act
within a period of ninety (90) days or less is not indebted for the amount if
his or her new period of employment is sufficient to meet the obligations
specified in section (B).
- 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 lawyer'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).
- Parental
Allowance payments made in accordance with the SUB Plan will consist of the
following:
- where a lawyer is subject to a waiting
period of two (2) weeks before receiving Employment Insurance parental
benefits, ninety-three per cent (93%) of his/her weekly rate of pay, for each
week of the waiting period, less any other monies earned during this period;
- for each week the lawyer receives
parental, adoption or paternity benefits under the Employment Insurance or the
Québec Parental Insurance Plan, he or she is eligible to receive the difference
between ninety-three per cent (93%) of his or her weekly rate of pay and the
parental, adoption or paternity benefit, less any other monies earned during
this period which may result in a decrease in his/her parental, adoption or
paternity benefit to which he or she would have been eligible if no extra
monies had been earned during this period;
- where a lawyer has received the full
eighteen (18) weeks of maternity benefit and the full thirty-two (32) weeks of
parental benefit under the Québec Parental Insurance Plan and thereafter
remains on parental leave without pay, she is eligible to receive a further
parental allowance for a period of two (2) weeks, ninety-three per cent (93%)
of her weekly rate of pay for each week, less any other monies earned during
this period.
- At
the lawyer's request, the payment referred to in subparagraph 19.07(c)(i) will
be estimated and advanced to the lawyer. Adjustments will be made once the
lawyer provides proof of receipt of Employment Insurance or Québec Parental
Insurance Plan parental benefits.
- The
parental allowance to which an employee is entitled is limited to that provided
in paragraph (c) and a lawyer will not be reimbursed for any amount that he or
she is required to repay pursuant to the Employment
Insurance Act or the Parental Insurance Act in Québec.
- The
weekly rate of pay referred to in paragraph (c) shall be:
- for a full-time lawyer, the lawyer's weekly
rate of pay on the day immediately preceding the commencement of maternity or
parental leave without pay;
- for a lawyer 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 lawyer's straight time earnings by the
straight time earnings the employee would have earned working full-time during
such period.
- The
weekly rate of pay referred to in paragraph (f) shall be the rate to which the
lawyer is entitled for the substantive level to which she or he is appointed.
- Notwithstanding
paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately
preceding the commencement of parental leave without pay a lawyer is performing
an acting assignment for at least four (4) months, the weekly rate shall be the
rate the lawyer was being paid on that day.
- Where
a lawyer becomes eligible for a pay increment or pay revision while in receipt
of parental allowance, the allowance shall be adjusted accordingly.
- Parental
allowance payments made under the SUB Plan will neither reduce nor increase a
lawyer's deferred remuneration or severance pay.
- The
maximum combined maternity and parental allowances payable under this
collective agreement shall not exceed fifty-two (52) weeks for each combined
maternity and parental leave without pay.
19.08 Special Parental Allowance for Totally Disabled Lawyers
- A
lawyer who:
- fails to satisfy the eligibility
requirement specified in subparagraph 19.07(a)(ii) solely because a concurrent
entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term
Disability (LTD) Insurance portion of the Public Service Management Insurance
Plan (PSMIP) or via the Government
Employees Compensation Act prevents the lawyer from receiving Employment
Insurance or Québec Parental Insurance Plan benefits;
and
- has satisfied all of the other eligibility
criteria specified in paragraph 19.07(a), other than those specified in
sections (A) and (B) of subparagraph 19.07(a)(iii);
shall be
paid, in respect of each week of benefits under the parental allowance not
received for the reason described in subparagraph 19.08(a)(i), the difference
between ninety-three per cent (93%) of the lawyer's rate of pay, and the gross
amount of his or her weekly disability benefit under the DI Plan, the LTD Plan
or via the Government Employees
Compensation Act.
- A
lawyer shall be paid an allowance under this clause and under clause 19.07 for
a combined period of no more than the number of weeks during which the lawyers
would have been eligible for parental, paternity or adoption benefits under the
Employment Insurance or the Québec Parental Insurance Plan, had the lawyer not
been disqualified from Employment Insurance or Québec Parental Insurance Plan
benefits for the reasons described in subparagraph 19.08(a)(i).
19.09 Medical Appointment for Pregnant Lawyers
- Up
to three decimal seven five (3.75) hours of reasonable time off with pay will
be granted to pregnant lawyers for the purpose of attending routine medical
appointments.
- 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.
19.10 Leave Without Pay for the Care of Immediate Family
Transitional Provisions
A lawyer
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 Care and Nurturing of
the lawyer's Pre-School Age Children or on Leave Without Pay for the Long-Term
Care of a Parent under the terms of another agreement, continues on that leave
for the approved duration or until the lawyer's return to work, if the lawyer
returns to work before the end of the approved leave.
All leave granted under Leave Without Pay for the Care and
Nurturing of the lawyer's Pre-School Age Children or under Leave Without Pay for the Long-Term Care of a
Parent under the terms of agreements other than the present agreement will not
count towards the calculation of the maximum amount of time allowed for Care of
Immediate Family during a lawyer's total period of employment in the public
service.
This Article is also applicable to lawyers who have been
granted Leave Without Pay for the Care and Nurturing of the lawyer's Pre-School
Age Children or Leave Without Pay for the Long-Term Care of a Parent before the
signature of the present agreement and have proceeded on leave on or after the
date of signature of this agreement.
Subject to operational requirements, a lawyer shall be
granted leave without pay for the care of immediate family in accordance with
the following conditions:
- for
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the lawyer), children (including foster children or children of
spouse or common-law partner) parents (including step-parents or foster parent)
or any relative permanently residing in the lawyer's household or with whom the
lawyer permanently resides.
- a
lawyer shall notify the Employer in writing as far in advance as possible but
not less then four (4) weeks in advance of the commencement date of such leave,
unless such notice cannot be given, because of an urgent or unforeseeable
circumstance;
- leave
granted under this clause shall be for a minimum period of three (3) weeks;
- the
total leave granted under this clause shall not exceed five (5) years during a
lawyer's total period of employment in the public service.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.11 Leave Without Pay for Personal Needs
Leave without pay will be granted for personal needs, in the
following manner:
- Subject
to operational requirements, leave without pay for a period of up to three (3) months
will be granted to a lawyer for personal needs.
- Subject
to operational requirements, leave without pay of more than three (3) months
but not exceeding one (1) year will be granted to a lawyer for personal needs.
- A
lawyer is entitled to leave without pay for personal needs only once under each
of paragraphs (a) and (b) of this clause during his total period of employment
in the public service. Leave without pay granted under this clause may not be
used in combination with maternity, paternity or adoption leave without the
consent of the Employer.
- Leave granted under paragraph (a) of this clause shall be counted
for the calculation of "continuous employment" for the purpose of
calculating severance pay and "service" for the purpose of calculating
vacation leave. Time spent on such leave shall be counted for pay increment
purposes.
- Leave without pay granted under paragraph
(b) of this clause shall be deducted from the calculation of "continuous
employment" for the purpose of calculating severance pay and "service"
for the purpose of calculating vacation leave for the lawyer involved. Time
spent on such leave shall not be counted for pay increment purposes.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.12 Leave Without Pay
for Relocation of Spouse
- At the request of a lawyer, leave
without pay for a period of up to one (1) year shall be granted to a lawyer
whose spouse is permanently relocated and up to five (5) years to a lawyer
whose spouse is temporarily relocated.
- Leave without pay granted under this
clause shall be deducted from the calculation of "continuous employment"
for the purpose of calculating severance pay and "service" for the purpose
of calculating vacation leave for the lawyer involved except where the period
of such leave is less than three (3) months. Time spent on such leave which is
for a period of more than three (3) months shall not be counted for pay
increment purposes.
19.13 Leave With Pay for Family-Related Responsibilities
- For
the purpose of this clause, family is defined as spouse (or common-law partner
resident with the lawyer), children (including foster children, children of
legal or common-law partner), parents (including stepparents or foster
parents), or any relative permanently residing in the lawyer's household or with
whom the lawyer permanently resides.
- The
Employer shall grant leave with pay under the following circumstances:
- a lawyer is expected to make every
reasonable effort to schedule medical or dental appointments for family members
to minimize or preclude his absence from work, however, when alternate
arrangements are not possible a lawyer shall be granted up to one (1) day for a
medical or dental appointment when the family member is incapable of attending
the appointment by himself, or for appointments with appropriate authorities in
schools or adoption agencies. A lawyer requesting leave under this provision
must notify his supervisor of the appointment as far in advance as possible;
- leave with pay to provide for the
immediate and temporary care of a sick or elderly member of the lawyer's family
and to provide a lawyer with time to make alternate care arrangements where the
illness is of a longer duration;
- leave with pay for needs directly related to the birth or to the
adoption of the lawyer's child.
- The
total leave with pay which may be granted under subparagraph (b)(i), (ii) and
(iii) shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
19.14 Volunteer Leave
Subject to operational requirements as determined by the
Employer and with an advance notice of at least five (5) working days, the
lawyer shall be granted, in each fiscal year, a single period of up to seven
decimal five (7.5) hours of leave with pay to work as a volunteer for a
charitable or community organisation or activity, other than for activities
related to the Government of Canada Workplace
Charitable Campaign;
The leave will be scheduled at a time convenient both to the
lawyer and the Employer. Nevertheless, the Employer shall make every reasonable
effort to grant the leave at such a time as the lawyer may request.
(Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
19.15 Court Leave With Pay
Leave with pay shall be given to every lawyer, other than a
lawyer already on leave without pay, on education leave, or under suspension
who is required:
- to
be available for jury selection;
- to
serve on a jury;
or
- by
subpoena or summons to attend as a witness in any proceeding held:
- in or under the authority of a court of
justice or before a grand jury,
- before a court, judge, justice, magistrate
or coroner,
- before the Senate or House of Commons of
Canada or a committee of the Senate or House of Commons otherwise than in the
performance of the duties of his position,
- 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
- 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.
19.16 Personnel Selection Leave With Pay
Where a lawyer participates in a personnel selection
process, including the appeal process where applicable, for a position in the
public service, as defined in the Public
Service Labour Relations Act, the lawyer is entitled to leave with pay for
the period during which the lawyer's presence is required for purposes of the
selection process, and for such further period as the Employer considers
reasonable for the lawyer to travel to and from the place where his presence is
so required. This clause applies equally in respect of the personnel selection
processes related to deployment.
19.17 Injury-on-duty Leave With Pay
A lawyer shall be granted injury-on-duty leave with pay for
such reasonable period as may be determined by the Employer where it is
determined by a Provincial Worker's Compensation Board that he is unable to
perform his duties because of:
- personal
injury accidentally received in the performance of his duties and not caused by
the lawyer's wilful misconduct,
- sickness
resulting from the nature of his employment,
or
- exposure
to hazardous conditions in the course of his employment,
if the lawyer agrees to pay to the Receiver General of
Canada any amount received by him for loss of wages in settlement of any claim
he may have in respect of such injury, sickness or exposure, providing,
however, that such amount does not stem from a personal disability policy for which
the Employer or the lawyer's agent paid the premium.
19.18 Religious Observance
- The
Employer shall make every reasonable effort to accommodate a lawyer who
requests time off to fulfil his or her religious obligations.
- Lawyers
may, in accordance with the provisions of this Agreement, request annual leave,
compensatory leave, leave without pay for other reasons in order to fulfil
their religious obligations.
- Notwithstanding
paragraph 19.18(b), at the request of the lawyer and at the discretion of the
Employer, time off with pay may be granted to the lawyer in order to fulfil his
or her religious obligations. The number of hours with pay so granted must be
made up hour for hour within a period of six (6) months, at times agreed to by
the Employer. Hours worked as a result of time off granted under this clause
shall not be compensated nor should they result in any additional payments by
the Employer.
- A
lawyer who intends to request leave or time off under this Article must give
notice to the Employer as far in advance as possible but no later than four (4)
weeks before the requested period of absence.
19.19 Other Leave With or Without Pay
At its discretion, the Employer may grant:
- leave
with pay when circumstances not directly attributable to the lawyer prevent his
or her reporting for duty;
- leave
with or without pay for purposes other than those specified in this Agreement;
- Personal Leave
- Subject
to operational requirements as determined by the Employer and with an advance
notice of at least five (5) working days, the lawyer shall be granted, in each
fiscal year, a
single period of up to seven decimal five (7.5) hours of leave with pay
for reasons of a personal nature.
- The
leave will be scheduled at a time convenient to both the lawyer and the
Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such a time as the lawyer may request.
19.20 Maternity-Related Reassignment or Leave
- A lawyer who is pregnant or nursing
may, during the period from the beginning of pregnancy to the end of the twenty-fourth
(24th)
week following the birth, request the Employer to modify her job functions or
reassign her to another job if, by reason of the pregnancy or nursing,
continuing any of her current functions may pose a risk to her health or that
of the foetus or child. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009).
- A
lawyer's request under paragraph (a) must be accompanied or followed as soon as
possible by a medical certificate indicating the expected duration of the
potential risk and the activities or conditions to avoid in order to eliminate
the risk. Dependent upon the particular circumstances of the request, the
Employer may obtain a medical opinion from Health Canada or its authorized
agent. (Arbitral award dated October 23,
2009, provision effective November 1, 2009).
- A
lawyer who has made a request under paragraph 19.20(a) is entitled to continue
in her current job while the Employer examines her request, but, if the risk
posed by continuing any of her job functions so requires, she is entitled to be
immediately assigned alternative duties until such time as the Employer:
- modifies her job functions or reassigns
her,
or
- informs her in writing that it is not
reasonably practicable to modify her job functions or reassign her.
- Where reasonably practicable, the Employer shall modify the lawyer's
job functions or reassign her.
- Where
the Employer concludes that a modification of job functions or a reassignment
that would avoid the activities or conditions indicated in the medical
certificate is not reasonably practicable, the Employer shall so inform the
lawyer in writing and shall grant leave of absence without pay to the lawyer
for the duration of the risk as indicated in the medical certificate. However,
such leave shall end no later than twenty-four (24) weeks after the birth.
- A lawyer whose job functions have
been modified, who has been reassigned or who is on leave of absence shall give
at least two (2) weeks notice in writing to the Employer of any change in
duration of the risk or the inability as indicated in the medical certificate,
unless there is a valid reason why that notice cannot be given. Such notice
must be accompanied by a new medical certificate.
20.01 General
The parties recognize that in order to maintain and enhance
professional expertise, lawyers, from time to time, need to have an opportunity
to attend or participate in career development activities described in this Article.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
20.02 Education Leave
- A
lawyer may be granted education leave without pay for varying periods up to one
(1) year, which can be renewed by mutual agreement, to attend a recognized
institution for additional or special studies in some field of education in
which special preparation is needed to enable him to fill his present role more
adequately, or to undertake studies in some field in order to provide a service
which the Employer requires or is planning to provide.
- A
lawyer on Education Leave without pay under this clause shall receive an
allowance in lieu of salary up to one hundred per cent (100%) of his basic
salary. The percentage of the allowance is at the discretion of the Employer.
Where the lawyer 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.
- Allowances already being received by the lawyer may, at the
discretion of the Employer, be continued during the period of the education
leave. The lawyer shall be notified when the leave is approved whether such
allowances are to be continued in whole or in part.
- As a condition to the granting of
education leave, a lawyer shall, if required, give a written undertaking prior
to the commencement of the leave to return to the service of the Employer for a
period of not less than the period of the leave granted. If the lawyer, except
with the permission of the Employer:
- fails to complete the course,
- does not resume employment with the
Employer on completion of the course,
or
- ceases to be employed, except by reason
of death or lay-off, before termination of the period he has undertaken to
serve after completion of the course,
he shall
repay the Employer all allowances paid to him under this clause during the
education leave or such lesser sum as shall be determined by the Employer.
20.03 Attendance at Conferences and Conventions
- The parties to this Agreement recognize that attendance or
participation at conferences, conventions, symposia, workshops and other
gatherings of a similar nature contributes to the maintenance of high professional
standards.
- In order to benefit from an exchange of knowledge and
experience, a lawyer shall have the opportunity on occasion to attend
conferences and conventions which are related to his field of specialization.
- The
Employer may grant leave with pay and reasonable expenses including
registration fees to attend such gatherings.
- A
lawyer who attends a conference or convention at the request of the Employer to
represent the interests of the Employer shall be deemed to be on duty and, as
required, in travel status. The Employer shall pay the registration fees of the
convention or conference the lawyer is required to attend.
- A lawyer invited to participate in a
conference or convention in an official capacity, such as to present a formal
address or to give a course related to his field of employment, may be granted
leave with pay for this purpose and may, in addition, be reimbursed for his
payment of convention or conference registration fees and reasonable travel
expenses.
- A
lawyer shall not be entitled to any compensation under Article 14, Travelling
Time, in respect of hours he is in attendance at or travelling to or from a
conference or convention under the provisions of this clause, except as provided
by paragraph (d).
20.04 Professional Development
- The
parties to this Agreement share a desire to improve professional standards by
giving the lawyers the opportunity on occasion:
- to participate in workshops, short courses
or similar out-service programs to keep up to date with knowledge and skills in
their respective fields,
- to conduct research or perform work related
to their normal research programs in institutions or locations other than those
of the Employer,
- to carry out research in the lawyer's
field of specialization not specifically related to his assigned work projects
when in the opinion of the Employer such research is needed to enable the
lawyer to fill his present role more adequately.
- Subject
to the Employer's approval a lawyer shall receive leave with pay in order to
participate in the activities described in paragraph 20.04(a).
- A
lawyer may apply at any time for professional development under this clause,
and the Employer may select a lawyer at any time for such professional
development.
- When
a lawyer is selected by the Employer for professional development under this
clause the Employer will consult with the lawyer before determining the
location and duration of the program of work or studies to be undertaken.
- A lawyer selected for professional
development under this clause shall continue to receive his normal compensation
including any increase for which he may become eligible. The lawyer shall not
be entitled to any compensation under Article 13, Hours of Work and Article 14,
Travelling Time, while on professional development under this clause. (Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
- A
lawyer on professional development under this clause may be reimbursed for
reasonable travel expenses and such other additional expenses as the Employer
deems appropriate. (Arbitral award dated
October 23, 2009, provision effective November 1, 2009).
20.05 Selection Criteria
- After consultation with the
Association, the Employer shall establish Selection Criteria taking into
consideration budgetary and operational constraints for granting leave under
clauses 20.02, 20.03 and 20.04. Upon request, a copy of these criteria will be
provided to a lawyer and/or the Association Representative.
- The
parties to this Collective Agreement acknowledge the mutual benefits to be
derived from consultation on Career Development. To this effect, the Employer,
upon request, will consult with the Association as prescribed in Article 25,
Joint Consultation.
(Arbitral award dated October 23, 2009,
provision effective November 1, 2009).
20.06 Examination Leave With Pay
Leave with pay may be granted to a lawyer for the purpose of
writing an examination which will require the lawyer's absence during his
normal hours of work. Such leave will be granted only where in the opinion of
the Employer the course of study is directly related to the lawyer's duties or
will improve his qualifications.
21.01
- When a lawyer becomes subject to this
Agreement, his or her earned daily leave credits shall be converted into hours.
When a lawyer ceases to be subject to this Agreement, his or her earned hourly
leave credits shall be reconverted into days, with one day being equal to seven
decimal five (7.5) hours.
- 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 lawyer for the day in question.
- Notwithstanding
the above, in clause 19.02, Bereavement Leave with Pay, a "day" will
mean a calendar day.
21.02 When the employment of a lawyer who
has been granted more vacation or sick leave with pay than he has earned is
terminated by death or lay-off, the lawyer is considered to have earned the
amount of leave with pay granted to him.
21.03 The balance of leave with pay
credited to a lawyer by the Employer at the time when this Agreement is signed,
or at a time when he becomes subject to this Agreement, shall be retained by
the lawyer.
21.04 A lawyer is not entitled to leave
with pay during periods he is on leave without pay, on educational leave or
under suspension.
21.05 A lawyer shall not be granted two
(2) different types of leave with pay in respect of the same period of time.
21.06 Except as
otherwise specified in this Agreement, where leave without pay for a period in
excess of three (3) months is granted to a lawyer, the total period of leave
granted shall be deducted from "continuous employment" for the
purpose of calculating severance pay and from "service" for the
purpose of calculating vacation leave; time spent on such leave which is for a
period of more than three (3) months shall not be counted for pay increment
purposes.
22.01 Under the following circumstances and
subject to clause 22.02 a lawyer shall receive severance benefits calculated on
the basis of his weekly rate of pay:
- Lay-Off
- On the first (1st) lay-off after November 28,
1969, two (2) weeks' pay for the first (1st) complete year of continuous employment
and 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).
- On second (2nd)
or subsequent lay-off after November 28, 1969, one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), less any
period in respect of which he was granted Severance Pay under subparagraph
22.01(a)(i) above.
- Resignation
- On
resignation, subject to paragraph 22.01(c) and with ten (10) or more years of
continuous employment, one-half (1/2) week's pay for each complete year of
continuous employment up to a maximum of twenty-six (26) years with a maximum
benefit of thirteen (13) weeks' pay.
- Retirement
- On
retirement, when a lawyer is entitled to an immediate annuity or to an immediate
annual allowance under the Public Service
Superannuation Act, one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
- Death
- If a
lawyer dies, there shall be paid to the lawyer's estate, one (1) week's pay for
each complete year of continuous employment and, in the case of a partial year
of continuous employment, one (1) week's pay multiplied by the number of days
of continuous employment divided by three hundred and sixty-five (365), to a
maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
- Termination for Cause for Reasons of Incapacity or Incompetence
- When a lawyer
has completed more than one (1) year of continuous employment and ceases to be
employed by reason of termination for cause for reasons of incapacity, pursuant
to section 12(1)(e) of the Financial
Administration Act, one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1)
week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365), to a maximum of twenty-eight (28) weeks.
- When a lawyer has completed more than ten
(10) years of continuous employment and ceases to be employed by reason of termination
for cause for reasons of incompetence, pursuant to the provisions of section
12(1)(d) of the Financial Administration
Act, one (1) week's pay for each complete year of continuous employment
and, in the case of a partial year of continuous employment, one (1) week's pay
multiplied by the number of days of continuous employment divided by three hundred
and sixty-five (365), to a maximum of twenty-eight (28) weeks.
22.02 The period of continuous employment
used in the calculation of severance benefits payable to a lawyer under this Article
shall be reduced by any period of continuous employment in respect of which the
lawyer was already granted severance pay, retiring leave or a cash gratuity in
lieu of retiring leave. Under no circumstances shall the maximum severance pay
provided under clause 22.01 be pyramided.
22.03 The weekly rate of pay referred to in
the above clauses shall be the weekly rate of pay to which the lawyer is
entitled for the classification prescribed in his certificate of appointment,
immediately prior to the termination of his employment.
23.01 For the purpose of this Article:
- a formal assessment and/or appraisal
of a lawyer's performance means any written assessment and/or appraisal by any
supervisor of how well the lawyer has performed his assigned tasks during a
specified period in the past;
- formal
assessment and/or appraisals of lawyer performance shall be recorded on a form
prescribed by the Employer for this purpose.
23.02
- When
a formal assessment of a lawyer's performance is made, the lawyer concerned
must be given an opportunity to sign the assessment form in question upon its
completion to indicate that its contents have been read. A lawyer's signature
on his assessment form shall be considered to be an indication only that its
contents have been read and shall not indicate his concurrence with the
statements contained on the form.
A copy
of the lawyer's assessment form shall be provided to him at the time the assessment
is signed by the lawyer.
- The
Employer's representative(s) who assesses a lawyer's performance must have
observed or been aware of the lawyer's performance for at least one-half (1/2)
of the period for which the lawyer's performance is evaluated.
23.03
When a lawyer disagrees with the assessment and/or appraisal of his work he
shall have the right to present written counter arguments to the manager(s) or
committee(s) responsible for the assessment and/or appraisal decision.
23.04
When a report pertaining to a lawyer's performance or conduct is placed on that
lawyer's personnel file, the lawyer concerned shall be given an opportunity to
sign the report in question to indicate that its contents have been read.
24.01
In cases of alleged misinterpretation or misapplication arising out of
agreements concluded by the National Joint Council (NJC) of the public service
on items which may be included in a collective agreement and which the parties
to this agreement have endorsed, the grievance procedure will be in accordance
with section 15.0 of the NJC By-Laws.
24.02 The parties recognize the value of informal
discussion between lawyers and their supervisors to the end that problems might
be resolved without recourse to a formal grievance. When the parties agree in
writing to avail themselves of an informal conflict management system
established pursuant to section 207 of the PSLRA, the time limits prescribed in
the Article 24, Grievance Procedure, are suspended until either party gives the
other notice in writing to the contrary.
24.03 In determining the time within which
any action is to be taken as prescribed in this procedure, Saturdays, Sundays
and designated holidays shall be excluded.
24.04 The time limits stipulated in this
procedure may be extended by mutual agreement between the Employer and the
lawyer and, where appropriate, the Association Representative.
24.05
Where
the provisions of clauses 24.07, 24.24 or 24.38 cannot be complied with and it
is necessary to present a grievance by mail, the grievance shall be deemed to
have been presented on the day on which it is postmarked and it shall be deemed
to have been received by the Employer on the day it is delivered to the
appropriate office of the department or agency concerned. Similarly the
Employer shall be deemed to have delivered a reply at any level on the date on
which the letter containing the reply is postmarked, but the time limit within
which the grievor may present his grievance at the next higher level shall be
calculated from the date on which the Employer's reply was delivered to the
address shown on the grievance form.
24.06 A grievance shall not be deemed to be
invalid by reason only of the fact that it is not in accordance with the form
supplied by the Employer.
24.07 Individual Grievances
A lawyer who
wishes to present a grievance at any prescribed level in the grievance
procedure, shall transmit this grievance to the lawyer's immediate supervisor
or local officer-in-charge who shall forthwith:
- forward
the grievance to the representative of the Employer authorised to deal with
grievances at the appropriate level,
and
- provide
the lawyer with a receipt stating the date on which the grievance was received
by him.
24.08 Presentation of
Grievance
- Subject
to paragraphs (b) to (g), a lawyer is entitled to present an individual
grievance if he or she feels aggrieved
- by the interpretation or application, in
respect of the lawyer, of
- a provision of
a statute or regulation, or of a direction or other instrument made or issued
by the employer, that deals with terms and conditions of employment, or
- a provision of
a collective agreement or an arbitral award;
or
- as a result of any occurrence or matter
affecting his or her terms and conditions
of employment.
- A
lawyer may not present an individual grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
paragraph (b), a lawyer may not present an individual grievance in respect of
the right to equal pay for work of equal value.
- A lawyer may not present an
individual grievance relating to the interpretation or application, in respect
of the lawyer, of a provision of a collective agreement or an arbitral award
unless the lawyer has the approval of and is represented by the Association.
- A
lawyer who, in respect of any matter, avails himself or herself of a complaint
procedure established by a policy of the employer may not present an individual
grievance in respect of that matter if the policy expressly provides that a
lawyer who avails himself or herself of the complaint procedure is precluded
from presenting an individual grievance under this Article.
- A
lawyer may not present an individual grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (f), an
order made by the Governor in Council is conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.09 There shall be a maximum of three (3)
levels in the grievance procedure. These levels shall be as follows:
- Level
1 - first (1st) level of management;
- Level
2 intermediate level;
- Final
level: the Deputy Minister (or his equivalent) or his delegated representative.
24.10 Representatives
- The
Employer shall designate a representative at each level in the grievance
procedure and shall inform each lawyer to whom the procedure applies of the
title of the person so designated together with the title and address of the
immediate supervisor or local officer-in-charge to whom a grievance is to be
presented.
- This information shall be
communicated to lawyers by means of notices posted by the Employer in places
where such notices are most likely to come to the attention of the lawyers to
whom the grievance procedure applies, or otherwise as determined by agreement
between the Employer and the Association.
24.11 A lawyer may be assisted and/or
represented by the Association when presenting a grievance at any level. The
Association shall have the right to consult with the Employer with respect to a
grievance at each or any level of the grievance procedure.
24.12 A lawyer may present a grievance to
the first (1st) level of the procedure in the manner prescribed in clause 24.07,
not later than the twenty-fifth (25th) day after the earlier of the day on
which the grievor received notification and the day on which the grievor had
knowledge of the alleged violation or misinterpretation or any occurrence or
matter affecting the grievor's terms and condition of employment.
24.13 A lawyer may present a grievance at
each succeeding level in the grievance procedure beyond the first (1st) level
either:
- where
the decision is not satisfactory to the lawyer, within ten (10) days after that
decision or offer for settlement has been conveyed in writing to the lawyer by
the Employer,
or
- where
the Employer has not conveyed a decision to the lawyer within the time
prescribed in clause 24.14, within thirty (30) days after he presented the
grievance at the previous level.
24.14 The Employer shall reply to a lawyer's
grievance at any level of the grievance procedure, except the final level,
within fifteen (15) days after the grievance is presented, and within thirty
(30) days when the grievance is presented at the final level.
24.15 Where a lawyer has been represented
by the Association in the presentation of his grievance, the Employer will
provide the Association with a copy of the Employer's decision at each level of
the grievance procedure at the same time that the Employer's decision is
conveyed to the lawyer.
24.16 Where a grievance has been presented
up to and including the final level in the grievance process, and the grievance
is not one that may be referred to adjudication, the decision on the grievance
taken at the final level in the grievance process is final and binding and no
further action may be taken under the Public
Service Labour Relations Act.
24.17 Where it appears that the nature of
the grievance is such that a decision cannot be given below a particular level
of authority, any or all the levels except the final level may be eliminated by
agreement of the Employer and the lawyer, and, where applicable, the
Association.
24.18 Where the Employer demotes or
terminates a lawyer pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the
grievance procedure set forth in this Agreement shall apply, except that
grievance may be presented at the final level only.
24.19 A lawyer may by written notice to his
immediate supervisor or officer-in-charge withdraw a grievance.
24.20 Any lawyer who fails to present a
grievance to the next higher level within the prescribed time limits shall be
deemed to have abandoned the grievance unless, due to circumstances beyond his
control, he was unable to comply with the prescribed time limits.
24.21
No person shall seek by intimidation, by threat of dismissal or by any other
kind of threat to cause a lawyer to abandon his grievance or refrain from exercising
his right to present a grievance, as provided in this Collective Agreement.
24.22 Reference to Adjudication
- A
lawyer may within thirty (30) days refer to adjudication an individual
grievance that has been presented up to and including the final level in the
grievance process and that has not been dealt with to the lawyer's satisfaction
if the grievance is related to:
- the interpretation or application in
respect of the lawyer of a provision of a collective agreement or an arbitral
award;
- a disciplinary action resulting in
termination, demotion, suspension or financial penalty;
- demotion or termination under paragraph
12(1)(d) of the Financial Administration
Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act
for any other reason that does not relate to a breach of discipline or
misconduct;
- deployment under the Public Service Employment Act without the lawyer's consent where
consent is required.
- When
an individual grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The
Canadian Human Rights Commission has standing in adjudication proceedings for
the purpose of making submissions regarding an issue referred to in paragraph
(b).
- Nothing
in paragraph (a) above is to be construed or applied as permitting the referral
to adjudication of an individual grievance with respect to:
- any termination of employment under the Public Service Employment Act;
or
- any deployment under the Public Service Employment Act, other
than the deployment of the lawyer who presented the grievance.
24.23 Before referring an individual grievance
related to matters referred to in subparagraph 24.22(a)(i), the lawyer must
obtain the approval of the Association.
24.24 Group Grievances
The Association may present a grievance at any prescribed
level in the grievance procedure, and shall transmit this grievance to the
officer-in-charge who shall forthwith:
- forward
the grievance to the representative of the Employer authorized to deal with
grievances at the appropriate level,
and
- provide the Association with a receipt
stating the date on which the grievance was received by him.
24.25 Presentation of Group Grievance
- The
Association may present to the employer a group grievance on behalf of lawyers
in the bargaining unit who feel aggrieved by the interpretation or application,
common in respect of those lawyers, of a provision of a collective agreement or
an arbitral award.
- In
order to present the grievance, the Association must first obtain the consent
of each of the lawyers concerned in the form provided for by the regulations.
The consent of a lawyer is valid only in respect of the particular group
grievance for which it is obtained.
- The
group grievance must relate to lawyers in a single portion of the federal
public administration.
- The
Association may not present a group grievance in respect of which an
administrative procedure for redress is provided under any Act of Parliament,
other than the Canadian Human Rights Act.
- Despite
paragraph (d), the Association may not present a group grievance in respect of
the right to equal pay for work of equal value.
- If a
lawyer has, in respect of any matter, availed himself or herself of a complaint
procedure established by a policy of the Employer, the Association may not
include that lawyer as one on whose behalf it presents a group grievance in
respect of that matter if the policy expressly provides that a lawyer who
avails himself or herself of the complaint procedure is precluded from
participating in a group grievance under this Article.
- The
Association may not present a group grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (g), an
order made by the Governor in Council conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.26 There shall be a maximum of three (3)
levels in the grievance procedure. These levels shall be as follows:
- Level
1 - first (1st) level of management;
- Level
2 - intermediate level;
- Final level - the Deputy Minister (or his
equivalent) or his delegated representative.
24.27 The Employer shall
designate a representative at each level in the grievance procedure and shall
inform the Association 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.
24.28 The Association shall have the right
to consult with the Employer with respect to a grievance at each or any level
of the grievance procedure.
24.29 The Association may present a
grievance to the first (1st) level of the procedure in the manner prescribed in
clause 24.24, no later than the twenty-fifth (25th) day after the earlier of
the day on which the aggrieved lawyers received notification and the day on
which they had knowledge of any act, omission or other matter giving rise to
the group grievance.
24.30 The Association may present a
grievance at each succeeding level in the grievance procedure beyond the first
(1st) level either:
- where
the decision or offer for settlement is not satisfactory to the Association,
within ten (10) days after that decision or offer for settlement has been
conveyed in writing to the Association by the Employer,
or
- where the Employer has not conveyed a
decision to the Association within the time prescribed in clause 24.31, within
thirty (30) days after the Association presented the grievance at the previous
level.
24.31 The Employer
shall reply to the Association's grievance at any level of the grievance
procedure, except the final level, within twenty (20) days after the grievance
is presented, and within thirty (30) days when the grievance is presented at
the final level.
24.32 Where it appears that the nature of
the grievance is such that a decision cannot be given below a particular level
of authority, any or all the levels except the final level may be eliminated by
agreement of the Employer and the Association.
24.33 The Association may by written notice
to the officer-in-charge withdraw a grievance.
24.34 Opting out of a Group Grievance
- A
lawyer 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
Association that the lawyer no longer wishes to be involved in the group
grievance.
- The
Association shall provide to the representatives of the Employer authorized to
deal with the grievance, a copy of the notice received pursuant to paragraph
(a) above.
- After receiving the notice, the
Association may not pursue the grievance in respect of the lawyer.
24.35
The Association failing to present a grievance to the next higher level within
the prescribed time limits shall be deemed to have abandoned the grievance
unless, due to circumstances beyond its control, it was unable to comply with
the prescribed time limits.
24.36 No person shall seek by intimidation,
by threat of dismissal or by any other kind of threat to cause the Association
to abandon the grievance or refrain from exercising the right to present a
grievance, as provided in this Collective Agreement.
24.37 Reference to Adjudication
- The
Association may within thirty (30) days refer to adjudication any group
grievance that has been presented up to and including the final level in the
grievance process and that has not been dealt with to its satisfaction.
- When
a group grievance has been referred to adjudication and a party to the
grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions
regarding an issue referred to in paragraph (b).
24.38 Policy Grievances
The Employer and the Association may present a grievance at
the prescribed level in the grievance procedure, and forward the grievance to
the representative of the Association or the Employer, 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 by him.
24.39 Presentation of Policy Grievance
- The
Employer and the Association 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.
- Neither
the Employer nor the Association may present a policy grievance in respect of
which an administrative procedure for redress is provided under any other Act
of Parliament, other than the Canadian
Human Rights Act.
- Despite
paragraph (b), neither the Employer nor the Association may present a policy
grievance in respect of the right to equal pay for work of equal value.
- The
Association may not present a policy grievance relating to any action taken
under any instruction, direction or regulation given or made by or on behalf of
the Government of Canada in the interest of the safety or security of Canada or
any state allied or associated with Canada.
- For the purposes of paragraph (d), an
order made by the Governor in Council is conclusive proof of the matters stated
in the order in relation to the giving or making of an instruction, a direction
or a regulation by or on behalf of the Government of Canada in the interest of
the safety or security of Canada or any state allied or associated with Canada.
24.40 There shall be no more than one (1)
level in the grievance procedure.
24.41 The Employer and the Association
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.
24.42 The Employer and the Association may
present a grievance in the manner prescribed in clause 24.38, no later than the
twenty-fifth (25th) day after the earlier of the day on which it received
notification and the day on which it had knowledge of any act, omission or
other matter giving rise to the policy grievance.
24.43 The Employer and the Association
shall reply to the grievance within fifteen (15) days when the grievance is
presented.
24.44 The Employer or the Association, as
the case may be, may by written notice to officer-in-charge withdraw a
grievance.
24.45 No person shall seek by intimidation,
by threat of dismissal or by any other kind of threat to cause the Employer or
the Association to abandon the grievance or refrain from exercising the right
to present a grievance, as provided in this Collective Agreement.
24.46 Reference to Adjudication
- A
party that presents a policy grievance may within thirty (30) days refer it to
adjudication.
- When
a policy grievance has been referred to adjudication and a party to the grievance
raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party
must, in accordance with the regulations, give notice of the issue to the
Canadian Human Rights Commission.
- The Canadian Human Rights Commission has
standing in adjudication proceedings for the purpose of making submissions
regarding an issue referred to in paragraph (b).
24.47 Expedited Adjudication
The parties agree that any adjudicable grievance may be
referred to the following expedited adjudication process:
- At
the request of either party, a grievance that has been referred to adjudication
may be dealt with through the Expedited Adjudication process with the consent
of both parties.
- When
the parties agree that a particular grievance will proceed through Expedited
Adjudication, the Association will submit to the PSLRB the consent form signed
by the grievor or the bargaining agent.
- The
parties may proceed with or without an Agreed Statement of Facts. When the
parties arrive at an Agreed Statement of Facts it will be submitted to the
PSLRB or to the Adjudicator at the hearing.
- No
witnesses will testify.
- The
Adjudicator will be appointed by the PSLRB from among its members who have had
at least three (3) years experience as a member of the Board.
- Each
Expedited Adjudication session will take place in Ottawa, unless the parties
and the PSLRB agree otherwise. The cases will be scheduled jointly by the
parties and the PSLRB, and will appear on the PSLRB schedule.
- The Adjudicator will make an oral
determination at the hearing, which will be recorded and initialled by the
representatives of the parties. This will be confirmed in a written
determination to be issued by the Adjudicator within five (5) days of the
hearing. The parties may, at the request of the Adjudicator, vary the above
conditions in a particular case.
- The Adjudicator's determination will be
final and binding on all the parties, but will not constitute a precedent. The
parties agree not to refer the determination to the Federal Court.
25.01 The parties acknowledge the mutual
benefits to be derived from Joint Consultation and will consult on matters of
common interest.
25.02 The subjects that may be determined
as appropriate for Joint Consultation will be by mutual agreement of the
parties.
25.03 Wherever possible, the Employer shall
consult with representatives of the Association at the appropriate level about
contemplated changes in conditions of employment or working conditions not
governed by this Agreement.
25.04 Joint Consultation Committee Meetings
The Consultation Committees shall be composed of mutually
agreeable numbers of lawyers and Employer representatives who shall meet at
mutually satisfactory times. Committee meetings shall normally be held on the
Employer's premises during working hours.
25.05 Lawyers forming the continuing
membership of the Consultation Committees shall be protected against any loss
of normal pay by reason of attendance at such meetings with management,
including reasonable travel time where applicable.
25.06 Joint Consultation Committees are
prohibited from agreeing to items which would alter any provision of this
collective agreement.
26.01 The Employer shall continue to make
all reasonable provisions for the occupational safety and health of lawyers.
The Employer will welcome suggestions on the subject from the Association and
the parties undertake to consult with a view to adopting and expeditiously
carrying out reasonable procedures and techniques designed or intended to
prevent or reduce the risk of employment injury.
27.01 On application by a lawyer, the
Employer shall provide personal references to the prospective employer of such
lawyer, indicating length of service, principal duties and responsibilities and
performance of such duties.
28.01 The Employer shall
reimburse a lawyer for his payment of membership or other fees to a
professional organization or organizations when the payment of such fees is
necessary to maintain a professional qualification required by the Employer for
the performance of any duties and/or responsibilities assigned.
29.01 Where court
clothing is required on a regular basis in order for a lawyer to carry out his
or her duties, the lawyer will be entitled to be reimbursed for the cost of
obtaining one complete set of court clothing, in an amount not to exceed twelve
hundred dollars ($1200), provided the Employer has not paid the lawyer for
these items within the preceding five (5) years. Replacement items will be
reimbursed where existing items are no longer serviceable. Lawyers will be
responsible for the replacement of lost clothing. In addition, lawyers are
entitled to be reimbursed, up to one hundred dollars ($100), for the cost of
one new shirt each year. Where individual circumstances justify, and with the
approval of the Employer, a lawyer will also be entitled to be reimbursed for
the cost of additional court clothing which he or she reasonably requires,
including shirts. (Arbitral award
dated October 23, 2009, provision effective November 1, 2009)
30.01 This Agreement may be amended by
mutual consent. If either party wishes to amend or vary this Agreement, it
shall give to the other party notice of any amendment proposed and the parties
shall meet and discuss such proposal not later than one (1) calendar month
after receipt of such notice.
31.01 Agreements concluded by the National
Joint Council (NJC) of the public service on items which may be included in a
collective agreement, and which the parties to this agreement have endorsed
after December 6, 1978, will form part of this collective agreement, subject to
the Public Service Labour Relations Act
(PSLRA) and any legislation by Parliament that has been or may be, as the case
may be, established pursuant to any Act specified in section 113 of the PSLRA.
31.02 NJC items which may be included in a
collective agreement are those items which parties to the NJC agreements have
designated as such or upon which the Chairman of the Public Service Labour
Relations Board has made a ruling pursuant to (c) of the NJC Memorandum of
Understanding which became effective on December 6, 1978.
31.03 The following directives, policies or
regulations, as amended from time to time by National Joint Council
recommendation and which have been approved by the Treasury Board of Canada,
form part of this collective agreement:
- Foreign
Service Directives
- Travel
Directive
- Isolated
Posts and Government Housing Directive
- Memorandum
of Understanding on Definition of Spouse
- NJC
Relocation Directive
- Commuting
Assistance Directive
- Bilingualism
Bonus Directive
- Public
Service Health Care Plan Directive
- Workforce
Adjustment Directive
- Motor
Vehicle Operations Directive
- Pesticides Directive
- Occupational Health and Safety Directive
During the term of this Collective Agreement, other
directives, policies or regulations may be added to the above noted list.
Grievances in regard to the above directives, policies or
regulations shall be filed in accordance with clause 24.01 of the Article on
grievance procedure in this Collective Agreement.
32.01 Definition
Part-time lawyer means a person whose normal scheduled hours
of work on average are less than thirty-seven decimal five (37.5) hours per
week, but not less than those prescribed in the Public Service Labour Relations Act.
32.02 General
Part-time lawyers shall be entitled to the benefits provided
under this Agreement in the same proportion as their normal scheduled weekly
hours of work compared with the normal weekly hours of work of full-time lawyers
unless otherwise specified in this Agreement.
32.03 Part-time lawyers shall be paid at
the hourly rate of pay for all work performed up to thirty-seven decimal five
(37.5) hours in a week.
32.04 Leave will only be provided:
- during
those periods in which lawyers are scheduled to perform their duties;
or
- where
it may displace other leave as prescribed by this Agreement.
32.05 Designated Holidays
A part-time lawyer shall not be paid for the designated
holidays but shall, instead be paid a premium of four per cent (4%) for all
straight-time hours worked during the period of part-time employment.
32.06
Subject to Article 13, Hours of Work, when a part-time lawyer is required to
work on a day which is prescribed as a designated paid holiday for a full-time
lawyer in clause 16.01 of this Agreement, the lawyer shall be paid the straight
time hourly rate of pay for all hours worked on the holiday.
32.07 Overtime
Notwithstanding clause 32.02, part-time lawyers at the LA-1
and LA-2A levels are entitled to overtime compensation in accordance with the
provisions of clause 13.01, Hours of Work.
Part-time lawyers at the LA-2B and LA-3 levels are not
entitled to overtime compensation in accordance with Article 13, Hours of Work.
32.08 Vacation Leave
A part-time lawyer shall earn vacation leave credits for
each month in which the lawyer receives pay for at least twice (2) the number
of hours in the lawyer's normal work week, at the rate for years of employment
established in clause 17.01, prorated and calculated as follows:
- when
the entitlement is nine decimal three seven five (9.375) hours a month, .250
multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is twelve decimal five (12.5) hours a month, .333 multiplied by
the number of the hours in the lawyer's work week per month;
- when
the entitlement is thirteen decimal seven five (13.75) hours a month, .367
multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is fourteen decimal three seven five (14.375) hours a month,
.383 multiplied by the number of hours in the lawyer's work week per month;
- when
the entitlement is fifteen decimal six two five (15.625) hours a month, .417
multiplied by the number of hours in lawyer's work week per month;
- when
the entitlement is sixteen decimal eight seven five (16.875) hours a month,
.450 multiplied by the number of hours in the lawyer's workweek per month;
- when the
entitlement is eighteen decimal seven five (18.75) hours a month, .500
multiplied by the number of hours in the lawyer's workweek per month.
32.09 Sick Leave
A part-time lawyer shall earn sick leave credits at the rate
of one-quarter (1/4) of the number of hours in a lawyer's normal work week for
each calendar month in which the lawyer has received pay for at least twice (2)
the number of hours in the lawyer's normal work week.
32.10 Vacation and Sick Leave Administration
- For
the purposes of administration of clauses 32.08 and 32.09, where a lawyer does
not work the same number of hours each week, the normal work week shall be the
weekly average calculated on a monthly basis.
- A lawyer 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 lawyer.
32.11 Severance Pay
Notwithstanding the provisions of Article 22, Severance Pay,
where the period of continuous employment in respect of which a 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.
32.12 The weekly rate of pay referred to in
clause 32.11 shall be the weekly rate of pay to which the lawyer is entitled
for the classification prescribed in his certificate of appointment,
immediately prior to the termination of his employment.
33.01 Upon written request, a lawyer shall
be entitled to a complete and current statement of the duties and
responsibilities of his position including the position's classification level
and point rating allotted by factor where applicable, and an organization chart
depicting the position's place in the organization.
34.01 Subject to the willingness and
capacity of individual lawyers to accept relocation and retraining, the
Employer will make every reasonable effort to ensure that any reduction in the
work force will be accomplished through attrition.
35.01 Where written departmental standards
of discipline are developed, the Employer agrees to supply sufficient
information on the standards of discipline to each lawyer and the Association.
35.02 When a lawyer is required to attend a
meeting, the purpose of which is to conduct a disciplinary hearing concerning
him or her or to render a disciplinary decision concerning him or her, the
lawyer is entitled to have, at his or her request, a representative of the
Association attend the meeting. Where practicable, the lawyer shall receive a
minimum of one (1) day's notice of such a meeting. (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
35.03 Any disciplinary notation placed on any file relating to a lawyer will
be removed and will no longer be relied upon for any purpose after two (2)
years have elapsed since the disciplinary action was taken, provided that no
other related disciplinary action has been taken during this period. Furthermore,
the employer agrees not to rely upon any adverse document or notation
concerning the conduct or performance of a lawyer which was not communicated in
writing to the lawyer at the time. (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
36.01 There shall be no discrimination,
interference, restriction, coercion, harassment, intimidation, or any
disciplinary action exercised or practiced with respect to a lawyer by reason
of age, race, creed, colour, national or ethnic origin, religious affiliation,
sex, sexual orientation, family status, mental or physical disability,
membership or activity in the Association, marital status or a conviction for
which a pardon has been granted.
36.02 By mutual agreement,
the parties may use a mediator in an attempt to settle a grievance dealing with
discrimination. The selection of the mediator will be by mutual agreement.
37.01 Lawyers shall be provided with
the following insurance coverage and benefits:
- Supplementary Health Insurance
- All
lawyers shall be covered under the Public Service Health Care Plan as set out
in the NJC Public Service Health Care Plan Directive.
- Lawyers
at the LA-2B and LA-3 levels are entitled to full Employer-paid coverage under
the family Hospital Provision Level III of the Public Service Health Care Plan.
- Dental
Insurance
- All
lawyers shall be covered under the Public Service Dental Care Plan for
Employees of the Public Service Departments and Eligible Agencies (the NJC
Plan).
- Life
Insurance
- For Lawyers at the LA-1 and LA-2A levels:
- Basic life insurance (annual salary rounded
to nearest one thousand dollars ($1000)) and Supplementary life insurance
(additional one (1) year's salary rounded to nearest one thousand dollars
($1000)) on the same terms as the Public Service Management Insurance Plan
(PSMIP) – Main Plan. Premiums will be payable by the lawyer at the
same rate as the PSMIP – Main Plan.
- For
Lawyers at the LA-2B and LA-3 levels:
- Basic life insurance (two (2) times annual
salary rounded to the nearest one thousand dollars ($1000)) on same terms as
PSMIP – Executive Plan. Premiums to be paid by the Employer.
- Supplementary life insurance (additional
one (1) year's salary rounded to nearest one thousand dollars ($1000)) on same
terms as PSMIP – Executive Plan. Premiums will be paid by the lawyer
as the same rate as the PSMIP Executive Plan.
- Post-retirement life insurance of one
year's salary (adjusted to next highest multiple of two hundred and fifty
dollars ($250)) at date of retirement on same terms as PSMIP – Executive
Plan. Premiums will be paid by the Employer.
- Accidental Death & Dismemberment
Insurance (AD&D)
- For
lawyers at the LA-1 and LA-2A levels:
- Up
to two hundred and fifty thousand dollars ($250,000) coverage in units of
twenty five thousand dollars ($25,000) on same terms as PSMIP Main Plan.
- Premiums
to be paid by the lawyer at the same rate as PSMIP-Main Plan
- For
lawyers at the LA-2B and LA-3 levels:
- Two
hundred and fifty thousand ($250,000) on same terms as PSMIP Executive Plan.
- Premiums
to be paid by the Employer.
- Dependents' Insurance
- For
lawyers at the LA-1 and LA-2A levels:
- Life
insurance and AD & D insurance for dependents as set out in PSMIP –
Main Plan.
- Premiums
to be paid by the lawyer at the same rate as the PSMIP – Executive – Main Plan
- For
lawyers at the LA-2B and LA3 levels:
- Life
insurance and AD & D insurance for dependents as set out in PSMIP –
Executive Plan.
- Premiums
to be paid by the Employer.
- Long-Term Disability Insurance
- All
lawyers shall be covered under the Disability Insurance Plan.
- Lawyers
at the LA-1 and LA-2A levels shall pay fifteen per cent (15%), and the Employer
shall pay eighty-five per cent (85%), of the required premiums.
- For
lawyers at the LA-2B and LA-3 levels, the required premiums shall be paid by
the Employer.
- Parking
- For
lawyers at the LA-2B and LA-3 levels, the employer shall pay fifty percent
(50%) of either:
- the monthly parking rate charged for Crown
parking facilities;
or
- the monthly rate charged for commercial
facilities, limited to a maximum of the amount payable in (i)
At
locations where, as of April 28, 2006, this benefit was provided to lawyers at
the LA-1 or LA-2A level, it shall continue to be provided to such lawyers on a "present
incumbents only" basis. (Arbitral
award dated October 23, 2009, provisions of paragraphs 37.01(a) to 37.01(g)
effective November 1, 2009)
38.01 The duration of this Collective
Agreement shall be from the date it is signed to May 9, 2011.
Unless otherwise expressly stipulated the provisions of this
Agreement shall become effective on the date that it is signed.
Signed at Ottawa, this 27th day of the month
of July, 2010.
The Treasury Board of Canada
Hélène Laurendeau
Marc Thibodeau
James Butler
John Park
Marc Lacroix
Lyne Côté
Colleen Laframboise
Eric C. Marinacci
Terrance McAuley
Pamela McCurry
Robert A. Prior
Kathleen Roussel
Colin Wetter
The Association of Justice Counsel
Marco Mendicino
Sid Restall
Margaret McCabe
Natasha LeClerc
Chris Nelligan
Darlene M. Lamey
Ralph Keesickquayash
**Appendix
"A"
Table Legend
- $) Effective May 10, 2005
- X) Effective May 10, 2006 - Pay Restructure
- A) Effective May 10, 2006
- B) Effective May 10, 2007
- C) Effective May 10, 2008
- D) Effective May 10, 2009
- Y) Arbitral Award Effective November 1, 2009 - Pay Restructure
- E) Effective May 10, 2010
LA-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) May 10, 2005 |
54585
|
57087
|
59586
|
62087
|
64587
|
68828
|
71581
|
74443
|
77868
|
X) May 10, 2006 |
54580
|
57087
|
59586
|
62087
|
64587
|
68828
|
71581
|
74443
|
77868
|
A) May 10, 2006 |
55945
|
58514
|
61076
|
63639
|
66202
|
70549
|
73371
|
76304
|
79815
|
B) May 10, 2007 |
57232
|
59860
|
62481
|
65103
|
67725
|
72172
|
75059
|
78059
|
81651
|
C) May 10, 2008 |
58090
|
60758
|
63418
|
66080
|
68741
|
73255
|
76185
|
79230
|
82876
|
D) May 10, 2009 |
58961
|
61669
|
64369
|
67071
|
69772
|
74354
|
77328
|
80418
|
84119
|
Y) November 1, 2009 |
58961
|
to
|
84119
|
|
|
|
|
|
|
E) May 10, 2010 |
59845
|
to
|
85381
|
|
|
|
|
|
|
LA-2(I) - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
Step 8 |
Step 9 |
$) May 10, 2005 |
75622
|
79602
|
83582
|
87563
|
91544
|
95520
|
99500
|
103481
|
108241
|
X) May 10, 2006 |
75622
|
79602
|
83582
|
87563
|
91544
|
95520
|
99500
|
103481
|
108525
|
A) May 10, 2006 |
77513
|
81592
|
85672
|
89752
|
93833
|
97908
|
101988
|
106068
|
111238
|
B) May 10, 2007 |
79296
|
83469
|
87642
|
91816
|
95991
|
100160
|
104334
|
108508
|
113796
|
C) May 10, 2008 |
80485
|
84721
|
88957
|
93193
|
97431
|
101662
|
105899
|
110136
|
115503
|
D) May 10, 2009 |
81692
|
85992
|
90291
|
94591
|
98892
|
103187
|
107487
|
111788
|
117236
|
Y) November 1, 2009 |
81692
|
to
|
117236
|
|
|
|
|
|
|
E) May 10, 2010 |
82917
|
to
|
118995
|
|
|
|
|
|
|
LA-2(II) - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
Step 4 |
Step 5 |
Step 6 |
Step 7 |
$) May 10, 2005 |
94097 |
97855 |
101615 |
105881
|
110149
|
114693
|
119968
|
X) May 10, 2006 |
94097 |
97855 |
101615 |
105881
|
110149
|
114693
|
119975
|
A) May 10, 2006 |
96449 |
100301 |
104155 |
108528
|
112903
|
117560
|
122974
|
B) May 10, 2007 |
98667 |
102608 |
106551 |
111024
|
115500
|
120264
|
125802
|
C) May 10, 2008 |
100147 |
104147 |
108149 |
112689
|
117233
|
122068
|
127689
|
D) May 10, 2009 |
101649 |
105709 |
109771 |
114379
|
118991
|
123899
|
129604
|
Y) November 1, 2009 |
101649 |
to |
129604 |
|
|
|
|
E) May 10, 2010 |
103174 |
to |
131548 |
|
|
|
|
Lock Step Structure (BUD 21402)
Pay Increment Administration
- The pay increment shall be to the next higher rate in the scale of rates.
- Until October 31, 2009, the pay increment period for all lawyers paid in the LA-1 scale is six (6) months.
- Until October 31, 2009, the pay increment period is twelve (12) months for all lawyers paid in the LA-2(I) and LA-2(II) scales. Thereafter, the in range movement will be governed by the relevant performance pay regime.
Pay Adjustment Administration
- Effective May 10, 2006, prior to any other pay revision which occurs on that date, a lawyer shall be paid in the
"X" line at the rate of pay which is immediately below the lawyer's rate of pay as of May 9, 2006.
- Effective May 10, 2006, a lawyer shall be paid in the "A" scale of rates at the rate of pay which is immediately below the lawyer's rate in the
"X" scale of rates.
- Effective May 10, 2007, a lawyer shall be paid in the "B" scale of rates at the rate of pay which is immediately below the lawyer's rate in the
"A" scale of rates.
- Effective May 10, 2008, a lawyer shall be paid in the "C" scale of rates at the rate of pay which is immediately below the lawyer's rate in the
"B" scale of rates.
- Effective May 10, 2009, a lawyer shall be paid in the "D" scale of rates at the rate of pay which is immediately below the lawyer's rate in the
"C" scale of rates.
- Effective November 1, 2009 a lawyer shall be moved from the lock step pay structure in
"D" scale to the pay range structure in "Y" range, with the move resulting in no change to the lawyer's rate of pay.
- Effective May 10, 2010 a lawyer shall be paid in the "E" range at a rate of pay one point five per
cent (1.5%) higher than in
"Y" range, rounded to the nearest one dollar, subject to the range limits shown on line E.
- No lawyer shall be paid less than the minimum of his/her respective salary range, unless that lawyer's performance is assessed as
"unsatisfactory" in which case the lawyer will remain at his/her current rate of pay which could be less than the minimum of the range.
**Appendix
"A"
Table Legend
- $) Effective May 10, 2005
- X) Effective May 10, 2006 - Pay Restructure
- A) Effective May 10, 2006
- B) Effective May 10, 2007
- C) Effective May 10, 2008
- D) Effective May 10, 2009
- E) Effective May 10, 2010
- (Arbitral Award - October 23, 2009)
I - All regions except Toronto (21400)
LA-DEV - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
27410
|
to |
62155
|
X) May 10, 2006 |
27410
|
to |
62155
|
A) May 10, 2006 |
28095
|
to |
63709
|
B) May 10, 2007 |
28741
|
to |
65174
|
C) May 10, 2008 |
29172
|
to |
66152
|
D) May 10, 2009 |
29610
|
to |
67144
|
E) May 10, 2010 |
30054
|
to |
68151
|
LA-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
54580
|
to |
77865
|
X) May 10, 2006 |
54580
|
to |
77868
|
A) May 10, 2006 |
55945
|
to |
79815
|
B) May 10, 2007 |
57232
|
to |
81651
|
C) May 10, 2008 |
58090
|
to |
82876
|
D) May 10, 2009 |
58961
|
to |
84119
|
E) May 10, 2010 |
59845
|
to |
85381
|
LA-2A - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
75630
|
to |
108525
|
X) May 10, 2006 |
75622
|
to |
108525
|
A) May 10, 2006 |
77513
|
to |
111238
|
B) May 10, 2007 |
79296
|
to |
113796
|
C) May 10, 2008 |
80485
|
to |
115503
|
D) May 10, 2009 |
81692
|
to |
117236
|
E) May 10, 2010 |
82917
|
to |
118995
|
LA-2B - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
94100
|
to |
119975
|
X) May 10, 2006 |
94097
|
to |
119975
|
A) May 10, 2006 |
96449
|
to |
122974
|
B) May 10, 2007 |
98667
|
to |
125802
|
C) May 10, 2008 |
100147
|
to |
127689
|
D) May 10, 2009 |
101649
|
to |
129604
|
E) May 10, 2010 |
103174
|
to |
131548
|
LA-3A - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
107300
|
to |
136300
|
X) May 10, 2006 |
107300
|
to |
136300
|
A) May 10, 2006 |
109983
|
to |
139708
|
B) May 10, 2007 |
112513
|
to |
142921
|
C) May 10, 2008 |
114201
|
to |
145065
|
D) May 10, 2009 |
115914
|
to |
147241
|
E) May 10, 2010 |
117653
|
to |
149450
|
LA-3B - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
124400
|
to |
152200
|
X) May 10, 2006 |
124400
|
to |
152200
|
A) May 10, 2006 |
127510
|
to |
156005
|
B) May 10, 2007 |
130443
|
to |
159593
|
C) May 10, 2008 |
132400
|
to |
161987
|
D) May 10, 2009 |
134386
|
to |
164417
|
E) May 10, 2010 |
136402
|
to |
166883
|
LA-3C - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
141700
|
to |
172800
|
X) May 10, 2006 |
141700
|
to |
172800
|
A) May 10, 2006 |
145243
|
to |
177120
|
B) May 10, 2007 |
148584
|
to |
181194
|
C) May 10, 2008 |
150813
|
to |
183912
|
D) May 10, 2009 |
153075
|
to |
186671
|
E) May 10, 2010 |
155371
|
to |
189471
|
II - Toronto (21401)
LA-DEV - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
27410
|
to |
62155
|
X) May 10, 2006 |
27410
|
to |
62155
|
A) May 10, 2006 |
28095
|
to |
63709
|
B) May 10, 2007 |
28741
|
to |
65174
|
C) May 10, 2008 |
29172
|
to |
66152
|
D) May 10, 2009 |
29610
|
to |
67144
|
E) May 10, 2010 |
30054
|
to |
68151
|
LA-1 - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
54580
|
to |
77865
|
X) May 10, 2006 |
54585
|
to |
77868
|
A) May 10, 2006 |
55950
|
to |
79815
|
B) May 10, 2007 |
57237
|
to |
81651
|
C) May 10, 2008 |
58096
|
to |
82876
|
D) May 10, 2009 |
58967
|
to |
84119
|
E) May 10, 2010 |
59852
|
to |
85381
|
LA-2A - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
75630
|
to |
124940
|
X) May 10, 2006 |
75630
|
to |
124940
|
A) May 10, 2006 |
77521
|
to |
128064
|
B) May 10, 2007 |
79304
|
to |
131009
|
C) May 10, 2008 |
80494
|
to |
132974
|
D) May 10, 2009 |
81701
|
to |
134969
|
E) May 10, 2010 |
82927
|
to |
136994
|
LA-2B - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
98840
|
to |
138075
|
X) May 10, 2006 |
98840
|
to |
138075
|
A) May 10, 2006 |
101311
|
to |
141527
|
B) May 10, 2007 |
103641
|
to |
144782
|
C) May 10, 2008 |
105196
|
to |
146954
|
D) May 10, 2009 |
106774
|
to |
149158
|
E) May 10, 2010 |
108376
|
to |
151395
|
LA-3A - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
113600
|
to |
148100
|
X) May 10, 2006 |
113600
|
to |
148100
|
A) May 10, 2006 |
116440
|
to |
151803
|
B) May 10, 2007 |
119118
|
to |
155294
|
C) May 10, 2008 |
120905
|
to |
157623
|
D) May 10, 2009 |
122719
|
to |
159987
|
E) May 10, 2010 |
124560
|
to |
162387
|
LA-3B - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
124400
|
to |
152200
|
X) May 10, 2006 |
124400
|
to |
152200
|
A) May 10, 2006 |
127510
|
to |
156005
|
B) May 10, 2007 |
130443
|
to |
159593
|
C) May 10, 2008 |
132400
|
to |
161987
|
D) May 10, 2009 |
134386
|
to |
164417
|
E) May 10, 2010 |
136402
|
to |
166883
|
LA-3C - Annual Rates of Pay (in dollars)
Effective Date |
Step 1 |
Step 2 |
Step 3 |
$) May 10, 2005 |
141700
|
to |
172800
|
X) May 10, 2006 |
141700
|
to |
172800
|
A) May 10, 2006 |
145243
|
to |
177120
|
B) May 10, 2007 |
148584
|
to |
181194
|
C) May 10, 2008 |
150813
|
to |
183912
|
D) May 10, 2009 |
153075
|
to |
186671
|
E) May 10, 2010 |
155371
|
to |
189471
|
Pay Range Structure – (BUD 21400 and 21401)
Pay Notes
- Effective May 10, 2006, prior to any other pay
revision which occurs on that date, a lawyer shall be paid in the "X" line at
the rate of pay which is immediately below the lawyer's rate of pay as of May 9,
2006, with the move resulting in no change to the lawyer's rate of pay.
- Effective May 10, 2006, lawyers at the LA-DEV to
LA-3C levels (either National or Toronto rates) shall be paid at a rate of pay two point five per cent (2.5%) higher than in "X" range, rounded to the nearest one dollar, subject to the
range limits shown on line "A".
- Effective May 10, 2007, lawyers at the LA-DEV to
LA-3C levels (either National or Toronto rates) shall be paid at a rate of pay two point three per cent (2.3%) higher than in "A" range, rounded to the nearest one dollar, subject to the
range limits shown on line "B".
- Effective May 10, 2008, lawyers at the LA-DEV to
LA-3C levels (either National or Toronto rates) shall be paid at a rate of pay one point five per cent (1.5%) higher than in "B" range, rounded to the nearest one dollar, subject to the
range limits shown on line "C".
- Effective May 10, 2009, lawyers at the LA-DEV to
LA-3C levels (either National or Toronto rates) shall be paid at a rate of pay one point five per cent (1.5%) higher than in "C" range, rounded to the nearest one dollar, subject to the
range limits shown on line "D".
- Effective May 10, 2010, lawyers at the LA-DEV to
LA-3C levels (either National or Toronto rates) shall be paid at a rate of pay one point five per cent (1.5%) higher than in "D" range, rounded to the nearest one dollar, subject to the
range limits shown on line "E".
- Rates of pay for Articling Students are to be
administered in accordance with the LA-DEV rates shown for the applicable
effective date.
- For the purpose
of the LA-DEV rates, the term articling student means a person who has a
Bachelor in Common Law (LL.B), a Bachelor in Civil Law (LL.L), or a Juris
Doctor (J.D.) designation, is eligible for membership at the Bar of one of
the Provinces or Territories of Canada upon completion of licensing requirements
which traditionally includes articling, Bar Admission course, and licensing
exams; and has been appointed for a specified period under the Public Service
Employment Act.
- The Employer will recover a partial or full
amount of the salary paid to the employee while attending a bar admission
program if the employee:
- subsequently resigns
prior to the completion of the licensing requirements;
- upon being called to
the Bar, declines an offer of employment with the Department and accepts
employment elsewhere, or
- upon being called to the Bar and offered a position
post-articles, fails to work a minimum amount of time equivalent to the time
paid to attend Bar Admission course and licensing exams.
- (8) No lawyer shall be paid less than the minimum of
his/her respective salary range, unless that lawyer's performance is assessed as
"unsatisfactory" in which case the lawyer will remain at his/her current rate of
pay which could be less than the minimum of the range.
Appendix "B"
The following
performance pay plan in effect on May 9, 2006 applies to lawyers at the LA-1,
LA-2A and LA-2B levels, for the duration of the Law group arbitral award, as
issued on October 23, 2009 (Arbitral
award dated October 23, 2009, provision effective November 1, 2009)
Part 1
1.0 Policy objective
1.1
To ensure the accurate and consistent administration of performance pay for
certain non-Management Category senior excluded employees, including incentives
to recognize and reward individuals in relation to their peers and
subordinates.
2.0 Policy statement
2.1
It is government policy to pay certain senior excluded non-Management Category
employees according to their assessed level of performance. This policy
provides the means to achieve this. Its chief provisions are the following:
2.1.1
individuals may progress through the salary range by a series of variable
increases related to the employee's assessed level of performance;
2.1.2
performance awards may be awarded to those whose salaries have reached the job
rate and whose performance is fully satisfactory, superior or outstanding in a
given year;
2.1.3
expenditures on salary administration must be controlled through a departmental
performance increase budget.
3.0 Application
3.1
This policy applies to the core public administration and other sections of the
federal public administration as defined in Schedules I and IV of the Financial Administration Act.
Group |
Level |
Administrative Services |
AS-7 & 8 |
Economics |
ES-8 |
Financial Administration |
FI-4 |
Information Services |
IS-6 |
Law Group |
LA-1 & 2A & 2B |
Personnel Administration |
PE-6 |
Program Administration |
PM-MCO 1 to 4 |
Purchasing and Supply |
PG-6 |
Translation |
TR-4 & 5 |
Welfare Programmes |
WP-7 |
4.0 Exclusions
4.1
Employees affected by the Regulations respecting pay on reclassification or
conversion whose salary is protected at a group and level not mentioned above
are not subject to this plan. The relevant terms and conditions of employment
apply to determine their appropriate salaries.
4.2
Employees absent on leave without pay are eligible for in-range performance
increases or performance awards under this plan.
5.0 Policy
requirements
5.1
Deputy Ministers/Deputy Heads must implement and adhere to the performance pay
administration plan in their departments.
5.2
They must:
5.2.1
ensure that performance pay is administered according to the plan, based upon
each employee's performance review and appraisal report;
5.2.2
provide all information, training, advice and guidance required to implement
and administer the plan.
6.0 Monitoring
6.1
The following performance indicators will be used to evaluate departments'
adherence to the plan:
6.1.1
performance awards are granted only to employees who have attained the job rate
and are rated fully satisfactory, superior or outstanding;
6.1.2
in-range increases and performance awards do not exceed the percentage
guidelines for each level of performance; and
6.1.3
performance increase expenditure does not exceed the approved target of five
per cent (5%).
7.0 References
7.1
Financial Administration Act, Section
11(2)(d).
8.0 Enquiries
8.1
Enquiries about this policy should be referred to the responsible officers in
departmental headquarters who in turn may direct questions regarding policy
interpretations to:
Excluded Groups
Compensation Directorate
Compensation and Labour Relations
Treasury Board Secretariat
Part 2
Performance
Pay Administration Plan for Certain Non-Management Category Senior Excluded
Levels
1.0 Purpose
1.1
This appendix presents guidelines for the consistent application of the
performance pay administration plan throughout the public service.
2.0 Definitions
2.1
"Acting pay" (rémunération d'intérim) means the rate that an
employee should be paid for a temporary assignment to a higher classification
level position.
2.2 "In-range increase" (augmentation à l'intérieur de l'échelle) means
an increase in salary based on assessed level of performance, that results in
an upward positioning in the range (not exceeding the job rate).
2.3 "job rate" (taux normal) means the maximum rate of pay
available to a qualified employee whose performance in the job is at least
fully satisfactory.
2.4 "payroll" (masse salariale) means the sum of salaries paid
to employees subject to this plan, in a particular department or agency.
2.5
"performance award"
(prime de rendement) means a bonus
payable to an employee whose salary has reached the job rate of the applicable
salary range and whose assessed level of performance is fully satisfactory,
superior or outstanding. It is payable in a lump sum and must be re-earned each
year.
2.6 "retroactive period"
(période de rétroactivité) means the
period commencing on the effective date of the retroactive upward revision in
remuneration and ending on the day approval is given.
3.0 Performance Pay
Administration
3.1
In-range increases and performance awards are to be administered on April 1 of
each year or on a date prescribed by the Treasury Board.
3.2
Expenditures on in-range increases and performance awards are controlled by a
departmental budget, which may not be exceeded.
4.0 In-range
increases
4.1
As a general guide, in-range increases up to the job rate, as a percentage of
the employee's salary, may be granted annually for assessed performance as
follows:
- Outstanding - up to 10%
- uperior - up to 7%
- Fully Satisfactory - up to 5%
- Satisfactory - 0%
- Unsatisfactory - 0%
- Unable to assess - 0%
4.2
Under no circumstances should an in-range performance increase be authorised
for an employee whose performance has been assessed as "unsatisfactory".
4.3 Global performance
ratings should be used to assist in the decision process for the determination
of individual awards.
4.4
The Departmental performance pay budget is limited to five per cent (5%) of the
departmental group payroll as at March 31. Only members of the group on
strength March 31 and on April 1 in
a position listed in paragraph 3.1 of this policy are eligible for the purposes
of this exercise. Members of the group on leave without pay or on a maternity
leave / paternal leave who would not normally be considered to be on strength,
are, for purposes of this policy, deemed to be eligible.
4.5
Performance awards are limited to a maximum of ten per cent (10%) of an individual's
salary (including a combination of in-range salary increase and lump sum
payments). Performance must be at least fully satisfactory to be eligible for
any lump sum award.
4.6
Performance awards for those paid below the job rate are to be applied as base
salary increases within the current salary ranges. When the calculation of a
performance award results in a salary that would exceed the current job rate,
the difference is to be paid as a one-time lump sum.
4.7
Employees on full-time language training are deemed to be on strength and are
eligible for payment under this plan.
4.8
Small departments, that is, those with fewer than twenty (20) eligible
employees, must apply the following limitations to their budget calculations:
No. of employees |
Performance budget (%) |
1 |
10.0 |
2 |
7.0 |
3 |
6.0 |
4 |
6.3 |
5 |
5.8 |
6 |
5.5 |
7 |
5.7 |
8 |
5.5 |
9 |
5.3 |
10 |
5.2 |
11 |
5.4 |
12 |
5.3 |
13 |
5.2 |
14 |
5.3 |
15 |
5.2 |
16 |
5.1 |
17 |
5.2 |
18 |
5.2 |
19 |
5.1 |
Note: These figures represent a percentage
of the total senior excluded non-Management Category employees' payroll on
March 31 of each year.
5.0 Performance
awards
5.1
A performance award (bonus) may be granted to an employee whose performance has
been assessed as fully satisfactory, superior or outstanding, and whose salary
is already at the job rate or has just reached the job rate by the application
of an in-range increase, and who is on strength on March 31st and April 1st.
These lump sums must be re-earned each year.
5.2
Increases are to be limited to:
- Outstanding performance - up to 10% of
salary
- Superior performance - up to 7% of
salary
- Fully Satisfactory performance - up to 5% of salary
5.3
The maximum permissible amount for the awards should not be automatically
granted. Consideration must be given to factors such as the salary relationship
with immediate supervisors or subordinates and, the number of consecutive years
of above fully satisfactory performance.
6.0 Exceptions
6.1 Law Group (LA-1)
6.1.1
At the discretion of the Deputy Minister, the performance of legal officers at
the LA-1 level may be reviewed on a semi-annual basis and in-range increase for
performance granted consistent with the rates set out below. Performance awards
(lump sum payments) are only paid out once a year.
7.0 Combined
application of in-range increase and performance award
7.1
Some employees assessed as fully satisfactory, superior or outstanding will
reach their job rate with in-range increases which are less than the amounts
permissible under the guidelines. In these cases, deputy heads may grant a
performance award in addition to the in-range increase. The combination of the
two (2) amounts may not exceed the amounts permissible under the guidelines ten
per cent (10%) of salary for outstanding performance, seven per cent (7%) of
salary for superior performance and five per cent (5%) of salary for fully
satisfactory performance.
8.0 Performance Pay
for Employees on Leave without Pay
8.1
Employees who have been absent on leave without pay for the full fiscal year
and have not returned to work by March 31 of that fiscal year are not eligible
for any performance increase. They are not to be included in the calculation of
the budget.
8.2
Employees who have been on leave without pay for a part of the fiscal year may
be eligible for a performance increase if they have been on strength for long
enough to permit a meaningful evaluation of performance. Any performance pay
should be prorated for the time they have been back on payroll.
9.0 Performance pay
while receiving acting pay
9.1
An employee who is receiving acting pay for a temporary assignment to a group
and level covered by this plan is eligible for performance pay at the higher
level when the following criteria are met:
9.1.1
The substantive rate of pay has reached the range maximum and the employee is
no longer eligible for increments or in-range performance increases in the
substantive level; or an
increment or in-range performance increase in the substantive level does not
result in a change to the acting rate of pay and performance
of the higher level duties is assessed as fully satisfactory or better;
9.1.2
An employee on strength and in an acting situation on March 31st and in a position listed in paragraph 3.1 of
this policy on April 1, is eligible for the purposes of this exercise. Members
of the group on leave without pay or on a maternity leave / paternal leave who
would not normally be considered to be on strength, are, for purposes of this
policy, deemed to be eligible.
9.1.3
There are sufficient funds in the performance budget to award a performance
increase.
9.2
The commencement date of the acting assignment will not affect an employee's
eligibility for performance pay when these conditions are met. Prorating the
performance increase, based on the length of time in the acting assignment, is
an option.
9.3
Employees in acting status who are eligible for performance pay are to be
included in the calculation of the department's budget.
10.0 Ineligible employees
10.1
If within the review period an increment or an in-range performance increase in
the substantive rate of pay results in a salary increase on recalculation of
the acting pay, the employee is not
eligible for performance pay under this plan, and should not be
included in the calculation of the budget.
11.0 Limitations
11.1
Under no circumstances are the in-range increases and performance awards paid
under this plan to exceed the maxima available for the evaluated level of
performance. Likewise, departments may not exceed their aggregate exceptional
performance budget.
12.0 Salary-related
benefits
12.1
A performance award will be included as part of salary for the period in
respect of which it was paid. Any such award paid in the year of retirement,
but related to the year prior to retirement, will be fully counted in the
calculation of the five-year average salary for pension purposes. However, it
will not be reflected in the level of coverage under salary-related benefits
such as Supplementary death benefit and insurances.
12.2
Performance awards will also not be considered part of salary for the purposes of
termination benefits such as severance pay and cash-out of vacation leave, or
for salary calculations related to promotion or transfer.
13.0 Authorization
13.1
The Deputy Minister / Deputy Head is authorized to determine increases in
salary and to make performance awards within the guidelines prescribed in this
plan unless otherwise directed by the Treasury Board Secretariat.
13.2
On those occasions when the circumstances of an individual case are so
exceptional that a department believes the salary administration plan
guidelines should be exceeded, the Deputy Minister must obtain prior written
approval from the Treasury Board Secretariat.
14.0 Confidentiality
14.1
As a matter of government policy, disclosure is restricted to information on
the salary ranges. The specific salary paid to an individual in a performance
pay plan may be disclosed only to those public servants whose work requires
access to such information.
Appendix
"C"
The following performance pay plan in effect on May 9, 2006
applies to lawyers at the LA-3 levels, for the duration of the Law group
arbitral award, as issued on October 23, 2009 (Arbitral award dated October 23, 2009, provision effective November 1,
2009)
Directives for the Performance Management Program
(PMP) for the Executive Group
Effective April 1,
2004
Table of Contents
Note: Instructions for the administration of Performance Awards are found
in the Salary Administration Policy for the Executive Group.
In its 1998 report the Advisory Committee on Senior Level Retention and
Compensation recommended the implementation of a Performance Management
Program for the Executive (EX) Group both as a management tool to support the
achievement of business results and as the tool to be used in determining
changes in the compensation of executives.
Performance management is the process of planning, managing,
improving, developing, supporting, assessing and rewarding performance; it is
linked to other key Human Resources initiatives that take place in departments
and agencies, such as: human resources planning (including succession
planning), career management and training and development.
The PMP
is:
- A key component of an effective human resource
strategy for the attraction, retention and compensation of senior managers in
the federal public service;
- A key management tool to:
- Link individual
accountability at all levels to the strategies and business priorities of the
government;
- Communicate expectations and priorities
related to business planning and the application of leadership competencies;
- Ensure that
executives follow through on commitments and accountabilities;
- Support organizational
results-based planning and performance measurement, reporting and
accountability;
- Ensure that
executives understand corporate priorities and how they are expected to
contribute to the achievement of these priorities;
- Support individual development in public service leadership
competencies; and,
- Support
horizontal initiatives within departments as well as between departments and
agencies, jurisdictions, and levels of government or external stakeholders
through recognition of such teamwork in the performance agreements of
individual executives.
- A critical component of total
compensation for the EX Group, recognizing that compensation given to members
of the Executive Group should reflect their performance.
The effective date of these directives is April 1, 2004.
These Directives apply to public service organizations
employing members of the occupational groups and levels identified in the
Salary Administration Policy for Executives.
The objectives of the Performance Management Program (PMP)
for the Executive Group are to:
- Support a management regime that is based on
values and ethics and clearly defined leadership competencies;
- Encourage excellence in performance by
recognizing and rewarding the achievement of results that are linked to
business plans and/or corporate priorities and the demonstration of public
service leadership competencies, values and ethics; and,
- Provide a framework within which a consistent
and equitable approach to managing performance can be applied.
The
principles of respect and fairness govern the exercise of authority in managing
the performance of executives. These principles mean that it is recognized and
respected that employees are entitled to:
- A clear idea of what is expected
of them;
- Regular feedback concerning their
performance; and,
- Learning and development
opportunities to help them improve their performance.
The PMP for Executives is a tool for a consistent and
equitable approach to performance management and assessment and is designed to support objective evaluation and differentiation
of levels of performance across the EX Group.
The Performance Management Program requires that every
person in the organization who is being paid as an EX have a written
performance agreement.
The performance agreement:
- Demonstrates the link between an organization's business
plans and priorities and an individual's commitments. The process to develop performance
agreements must be integrated with the annual departmental business planning
cycle; and,
- Documents the mutual
understanding between the executive and his/her supervisor of the what (results)
and the how (leadership competencies) that will be used to assess the
performance of the executive for the performance cycle.
The starting points for deciding what commitments
should be included in performance agreements each year are:
- Priorities of the government;
- Priorities of the Clerk of the
Privy Council as Head of the public service;
- Priorities and plans of
individual departments and agencies; and,
- Individual development needs,
which may include the development of leadership competencies.
Assistant Deputy Head performance agreements, as the main
linkage between individual executives and the business plans of each
organization, should demonstrate alignment with corporate plans, and include
uniformity in certain ongoing commitments, defining what might be called the
broad executive management agenda for the organization.
The performance agreements for each successive level of
executive should demonstrate cascading of commitments – that is, each
commitment is an operationalization of the supervisor's commitments, within the
realm of each executive's responsibilities.
The performance agreement between the executive and his/her
supervisor must include the following mandatory components to be considered
valid:
- Ongoing
Commitments*
- Key
Commitments*
- Performance
measures of successful achievement of the commitments and leadership
competencies
- A
written assessment of actual results achieved during the performance cycle and
the level of leadership competency demonstrated
- The
signatures of the executive and the supervisor when the commitments are
approved.
* In situations where the job consists solely of a special
project or assignment, there are normally only Ongoing Commitments. Exceptions
could be considered when the assignment is of such scope and complexity to
warrant the development of Key Commitments as well.
Performance agreements are subject to revision throughout
the performance cycle, dictated by such factors as changed priorities and
feedback. An executive may have several performance agreements throughout a
performance cycle, for example, if the executive changes jobs or takes on a new
assignment or if the supervisor changes. Each revision or new agreement must be
signed.
It is a best practice that each performance agreement
include a personal learning plan that identifies training and development
commitments along with the resources that will be provided to support the
learning plan.
- Ongoing
Commitments are the principal results that the executive is expected to
accomplish so that the department can achieve its business mandate. They are
linked to the departmental business plans and/or priorities, and are reflective
of the position description.
- Ongoing
Commitments are part of the continuing responsibilities of the position that do
not normally change from year to year. They should reflect a balanced
representation of core accountabilities such as: financial management (budget),
human resources management, business planning, policy development and
operational program delivery and, self-development.
- Ongoing
Commitments should be Specific (clearly
stated), Measurable, Achievable
(through influence and control), Results-based and Timely (SMART). Within the
performance cycle the executive undertakes to achieve specified results for
each Ongoing Commitment.
-
Executives may
document a personal learning plan, which may include the development of
leadership competencies, in their performance agreements as an Ongoing
Commitment.
- A minimum of four
(4) and a maximum of seven (7) Ongoing Commitments should be established per
performance cycle.
- Key Commitments are areas of focus over and above ongoing
commitments for the performance cycle. They may reflect change initiatives
linked to business plans, corporate departmental priorities or public service
priorities identified by the Clerk of the Privy Council as Head of the public
service. They are intended to be challenging but achievable with effort.
- Normally Key
Commitments change from year to year.
- At least one (1)
Key Commitment and a maximum of three (3) Key Commitments should be established
per performance cycle.
- Performance
measures describe how an observer would know that the results have been
achieved within the performance cycle and define standards for expected level
of achievement of these results.
- The first step in
defining performance measures is the establishment of SMART (Specific (clearly stated), Measurable,
Achievable (through
influence and control), Results-based and Timely) commitments.
- The choice of a
performance measure implies that quantifiable data/information indicating
performance achievement will be available and that efforts will be made to
obtain the information defined in the measure.
- If feasible,
performance measures should also describe what characterizes levels of performance
that are above expectations.
- Performance
measures should be established at the start of the performance cycle when
commitments are established and can be adjusted during the performance cycle.
There should be 1-3 measures per Ongoing and Key Commitment.
- Performance
measures should be assessed to ensure they are measuring the right results.
There
is no set format requirement for the performance agreement; departments and
agencies have the flexibility to develop an agreement template or system that
best suits the organization's business planning and results reporting
requirements. Minimum requirements of a performance agreement include:
- Parties involved
- Signature block
- Date of performance cycle
- Ongoing Commitments and
performance measures
- Key Commitments and performance
measures
- Results achieved (completed at
the end of the performance cycle)
- Narrative assessment (completed
at the end of the performance cycle)
- A statement about Privacy of
Information
- In addition, to clearly identify
linkages to corporate priorities and the Clerk's priorities, a simple checklist
is recommended
Annex A to these Directives shows a sample performance
agreement that meets the minimum requirements.
Performance agreements should be periodically reviewed by
the executive and his/her supervisor and adjusted as required. In the event of
significant changes, commitments and the related performance measures can be
adjusted.
At the end of the performance cycle each individual is
assessed on the "Results Achieved" based on the measures set for
commitments. The results are documented on the performance agreement with the
appropriate Summary Ratings for ongoing commitments and key commitments. The
demonstration of leadership competencies in the achievement of all commitments
should be taken into consideration when applying the assessment rating.
Finally, an overall narrative assessment of performance with suggested career
development action plans should also be documented.
The Performance Management Program also requires that the
deputy head have in place in the organization a review mechanism or mechanisms,
such as a review committee, to ensure equity and consistency in performance
assessment ratings of all executives across the organization for the
performance cycle.
Prior to authorizing the issuing of payments for a performance cycle, the
deputy head must, prior to June 30, send a letter to the Office of the Chief
Human Resources Officer for Canada (the Employer) personally attesting that:
- Each employee subject to the PMP
has a signed performance agreement; and,
- The department has a review
mechanism to review the performance of each executive for equity and
consistency.
The letter of attestation should also provide information
about the overall expenditure for lump sum payments, as a percentage of
executive payroll. A sample letter of attestation, which may be sent to the
Employer by FAX is in Annex B.
The Employer will
authorize payment when all of the above requirements have been met.
Each
department and agency is responsible for developing performance assessment
standards that respond to the organization's specific needs. Deputy heads are
responsible for communicating these standards, including clear information on
what makes some commitments more challenging, or important or critical to the
organization's mission than others.
Assessment
must include, at a minimum:
- An assessment of each individual's
performance against commitments, including assessment of how the results
were achieved, based on the leadership competencies;
- One-on-one performance
discussions with each executive, including constructive feedback and identification
of, and support for development and learning opportunities; and,
- Vertical and horizontal cross-organization
review of performance assessments to ensure consistency and fairness.
The performance level descriptions below are to be used to
assess performance against commitments. Levels 2 to 4 may be further sub-divided,
provided that definitions are developed to describe the expected level of
performance and communicated to executives. Other titles may be substituted
provided they are cross-referenced to the four levels for reporting purposes.
Note that for 2004-2005 fiscal, leadership competencies that
must be considered in assessing performance refer to those related to valuing
and managing people. In 2005-2006 the revised leadership competencies all
refer to valuing and managing people.
This performance level and results achieved can be
characterized by the following statements:
- Delivered on all commitments and
exceeded expectations in the delivery of major commitments
- Consistently delivers results
that provide exceptional value to stakeholders and the organization
- In delivering commitments, is
seen as an organizational role model in demonstrating the
departmental/leadership competencies.
This
performance level and results achieved can be characterized by the following
statements:
- Delivered on all commitments
- A strong contributor to
stakeholder and organizational successes
- In delivering commitments, clearly
demonstrated the departmental/leadership competencies.
This
performance level and results achieved can be characterized by the following
statements:
- Delivered on the most important
commitments but not necessarily on all commitments
- Performance results indicate a
need for development in some areas
- In delivering
commitments, demonstrated a need to show improvement in the
departmental/leadership competencies.
This performance level and results achieved can be
characterized by one or more of the following statements:
- Delivered on some but did not deliver on one or more of the most
important commitments
or
- Performance results fall below expected standards
or
- In delivering commitments, had ongoing difficulty in
demonstrating the departmental/leadership competencies.
Note: Individuals who receive a 'Did Not Meet' assessment
should receive appropriate follow-up that addresses performance issues.
Individuals who are 'Unable to Assess' are eligible for
salary range increases, but no in-range movement or lump sum performance pay.
An individual is considered 'Unable to Assess' when
there has been insufficient opportunity (e.g. fewer than three (3) months) to
allow for the achievement of performance commitments. This does not mean that
the individual has not established a performance agreement, just that there has
been insufficient opportunity for achievement against the commitments. There
are 4 situations where Unable to Assess could apply for both
Ongoing and Key Commitments:
- New
to the public service
- Newly appointed to the group from another
occupational group
- Non-EX acting in an EX position for fewer
than three months
- Employee
absent from the job for a significant period of the performance cycle, e.g.
leave without pay or sick leave.
There are two situations where executives might be
considered Unable to Assess for Key Commitments only:
- Executives on language training have only one Ongoing Commitment for the
duration of the language training – attendance at language training in order to meet
the language requirements of the position, and must be considered to have met
ongoing commitments. Since there are no Key Commitments for the period of
training, they receive an Unable to Assess rating for Key
Commitments in that period.
- Situations
where no Key Commitments were established for the performance cycle, for
example, an employee whose job consists of a single project or assignment to
accomplish for the performance cycle.
Note on distribution of assessment levels: It
is recognized that a normal distribution would result in five per cent (5%) of
the population assessed at level 1.
The performance assessment and resulting compensation
effects should take place within sixty days of the end of the performance
cycle.
Performance awards include in-range movement and lump sums.
No performance award may be authorized in the absence of a
signed performance agreement.
Deputy heads have flexibility to provide performance awards
that are appropriate to their organizational priorities and requirements
provided these awards are within the PMP Directives.
In determining the percentage of in-range movement and lump
sums, deputy heads should take into account the importance and impact of
results achieved. The focus should be equally on what was accomplished and how
it was done.
The executive earns a base salary for the accomplishment of
Ongoing Commitments.
The achievement of Ongoing Commitments and how the results were achieved
(demonstration of leadership competencies) affect progression through the
salary range for the position (in-range movement) which should vary with
assessed performance.
Over and above the base salary, executives have
opportunities to earn at-risk pay and bonuses based on the achievement of key
commitments.
A prerequisite for access to at-risk pay and bonuses is that
expectations for the achievement of ongoing commitments have been met.
The achievement of Key Commitments and how the
results were achieved (demonstration of leadership competencies) affect the
amount of lump sum performance awards, defined as at-risk pay and bonuses.
At-risk pay is defined as any lump sum
performance award for:
- EX-1 to EX-3 – up to
seven per cent (7%) of base salary
- EX-4 and EX-5 – up to
ten per cent (10%) of base salary
A bonus is defined as any lump sum performance
award for:
- EX-1 to EX-3 – up to an
additional three per cent (3%) of base salary
- EX-4 and EX-5 – up to
an additional five per cent (5%) of base salary
Only those who receive full seven per cent (7%) (EX-1 to EX-3)
or ten per cent (10%) (EX-4 and EX-5) are eligible for a bonus.
At-risk pay and bonuses must be re-earned each year, and do
not increase an individual's base salary.
The budget for at-risk pay and bonuses is part of the annual
departmental reference levels, totaling seven percent (7%) of the March 31st
payroll for members of the occupational groups and levels to which the
provisions of the PMP apply.
Departments may exceed the budget where results warrant, and
when the excess can be found from existing reference levels.
Organizations with fewer than ten executives should follow
the budget guidelines below:
Number of
Executives |
Number of Surpassed
Ratings |
Budget for at-risk pay and
bonuses as a % of March 31
Payroll |
1 |
1 |
10.0% |
2 |
1 |
8.5% |
3 |
1 |
8.0% |
4 |
1 |
7.7% |
5 |
1 |
7.6% |
6 |
1 |
7.5% |
7 |
2 |
7.4% |
8 |
2 |
7.3% |
9 |
2 |
7.3% |
10 |
2 |
7.0% |
Annually, departments and agencies must submit to the
PSHRMAC:
- PMP
Report: The Requirements of this report are in Annex C.
- Monitoring
and Evaluation Framework Scorecard: the requirements consist of annual and
triennial reports in a scorecard format. Triennial elements are reported on a
rotating schedule so that in any year, one-third of departments and agencies
are reporting. The Employer will advise departments and agencies as to the timing of
these reports and provide training and support. This reporting requirement
begins with the
2005–2006 fiscal year.
- Quality
Review of Performance Agreements: upon request, departments and agencies must
submit copies of performance agreements for review.
The PMP performance cycle is the fiscal year from April 1st
to March 31st.
Non-compliance with the required elements of the Performance
Management Program may result in a citing of the department or agency in the
President of PSHRMAC's annual report to Parliament on human resources
management. In some cases, the consequences may be a modification or withdrawal
of delegation of authority and/or recovery of amounts paid.
The following table highlights some of the roles of
key players accountable for the PMP for executives.
Who |
What |
Clerk of the Privy Council
|
- Establishes broad
public service corporate priorities in consultation with Deputy Ministers.
- Establishes
personal performance agreements with Deputy Ministers.
- With the Committee
of Senior Officials and the Deputy Minister community, champions the
leadership competencies for the Public Service of Canada and ensures their
alignment with the current and future needs of the public service.
|
Office of the Chief Human Resources
Officer of Canada
(the Employer) |
- Establishes the
PMP Directives.
- Provides
instructions for the administration of compensation and the requirements for
departmental reports on the PMP.
- Develops an
integrated implementation strategy for the public service leadership
competencies.
- Annually gives
approval, to each deputy head who has attested that the PMP program
requirements have been met, to pay performance awards to employees subject to
the PMP.
- Develops and
delivers PMP learning sessions in consultation with departments.
- Monitors and
evaluates the health and effectiveness of the PMP.
|
Deputy Head |
- Plans, manages,
and accounts for the performance of each executive.
- Develops and
communicates performance assessment criteria and standards that respond to the
department or agency's specific needs.
- Establishes
performance agreements with direct reports based on public service corporate
priorities and departmental business plans and public service leadership
competencies.
- Assesses the
actual results achieved by direct reports at the completion of the assignment
or business cycle and provides feedback.
- Implements the
annual departmental performance management program within the PMP description
and directives.
- Implements
effective and efficient processes to meet the requirement to ensure equity
and consistency in the application of the PMP. Such processes must include a review mechanism and
may include:
- Simplified and streamlined planning and
assessment processes
- A format for performance agreements that
supports departmental business planning requirements
- Implements
effective performance assessment programs and processes.
- Periodically and
when required by the Employer evaluates the administration of the PMP to ensure
the organization complies with the PMP Directives.
- Annually submits a
letter to the Employer personally attesting that the PMP program requirements have
been met for that performance cycle in order to receive authorization to pay
in-range salary movement, at-risk pay and bonuses to those subject to the
PMP.
- Submits a report
to the Employer on the application of in-range salary movement, at-risk pay
and bonuses by June 30 annually.
- Keeps copies of
signed performance agreements for the purpose of audit by the Employer.
|
The following describes roles for other players that reflect
expectations for the effective management of the program.
Who |
What |
Assistant Deputy
Minister (ADM) |
- Develops business
plan for area of responsibility.
- Establishes
ongoing/key commitments, performance measures and interdependencies with deputy
head.
- Signs his or her
own performance agreement.
- Establishes and
signs individual performance agreements with direct reports.
- Assesses the
actual results achieved by direct reports at the completion of the assignment
or business cycle, and provides feedback.
- Communicates
priorities with direct reports.
|
Director
General / Director |
- Develops business plan for area of responsibility.
- Develops
Establishes ongoing/key commitments, performance measures and
interdependencies with supervisor.
- Signs the
performance agreement.
- Establishes
individual performance agreements with direct reports.
- Assesses the
actual results achieved by direct reports at the completion of the assignment
or business cycle, and provides feedback/business plan for area of
responsibility.
- Communicates
priorities with direct reports.
|
Head of Human
Resources /
Head of Departmental Business Planning |
- Advises senior
management on the PMP framework/business planning process and performance
management process requirements.
- Provides advice
and guidance to senior management on the leadership competencies and their
uses.
- Develops and
implements the departmental performance management training strategy for
executives and incorporates PMP training into departmental EX orientation/
training.
- Implements the
Salary Administration Policy for the Executive Group and these Directives.
|
Comments and questions related to these directives should be referred to
responsible officers in departmental headquarters who in turn may direct
question to the Office of the Chief Human Resources Officer.
Annex A
Sample Template
Between: ___________________________
And: ___________________________
Signature:
______________Date:_________
|
Performance
Agreement
(year – year)
|
Reviews of this
agreement were
conducted on the
following dates:
Mid-term:
_____
Change of
Supervisor: _____
Change of
Assignment: _____
|
Checklist for Alignment |
Ongoing Commitments
(4 to 7
commitments)
|
Priorities
of
the Clerk of
the Privy
Council |
Corporate
Priorities(May be sub-divided) |
Commitment |
Performance Measures(1 to 3 per commitment) |
Results Achieved(for each commitment) |
|
|
|
|
|
|
Human
Resources
Management: |
|
|
|
|
|
|
|
|
Financial
Management: |
|
|
|
|
|
|
|
|
Business
accountabilities of
the position: 1
2
3
4 |
|
|
Checklist or Alignment
|
Key
Commitments(1 to 3) |
Priorities of
the Clerk of
the Privy
Council |
Corporate Priorities(May be sub-divided) |
Commitment |
Performance
Measures (1 to 3 per commitment) |
Results
Achieved (for each commitment) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Evaluation Narrative
Assessment:
Ongoing
Commitments Rating: __________
Key
Commitments Rating: __________
|
I have read
this assessment:
Signatures:
Executive:
_____________Date_______
Supervisor:
______________Date_______
|
Personal information will be protected under the
provisions of the Privacy Act and will be stored in Standard Bank,
Performance Reviews and Employee Appraisals PSE 912. This document may be
used by the Employer for audit or
program evaluation purposes. |
Annex B
Sample Letter of Attestation
FAX this letter to (613) 943-5205
(Date)
Office of the Chief Human Resources Officer
C/O Executive Management Policies Directorate
Ottawa, Ontario
Dear Ms. Chartrand,
This letter is to attest that all
requirements of the Performance Management Program for Executives for (name of
the Department or Agency) for (fiscal year) have been met: all executives have
signed performance agreements and our organization has in place a review
mechanism to ensure equity and consistency in the performance assessment of all
executives.
Our planned expenditure for at-risk pay and
bonuses as a percentage of the executive payroll is ( % ).
As all requirements
of the PMP have been met, I request your authorization to proceed with payments
to executives.
Yours sincerely,
Signature
(Please provide a fax number for the Agency's
reply)
Annex C
Annual PMP Report
This report must be submitted annually, by June 30, for all
groups and levels covered by the Salary Administration Policy for the Executive
group. An Excel
spreadsheet in electronic format is preferred.
The PMP Report
should be sent, under Protected status, to:
Office of the Chief Human Resources Officer
C/O Executive Management Policies Directorate
Ottawa ON K1A 0R5
The data
requirements for the Annual PMP Report are as follows:
Field name |
Width |
Contents |
Dept |
3 |
Department |
PRI |
8 |
Personal Record Identifier |
FName |
20 |
Employee family name |
INIT |
3 |
Employee Initials |
Gender |
1 |
1 Male
2 Female |
LOC |
1 |
Geographic Location of the
position:
1 Headquarters
(HQ)
2 Location other
than HQ |
Class |
6 |
Employee Group and Level
(Acting status should be shown by
placing an A/ in front the Group and Level, e.g. A/EX-1) |
JRate |
6 |
March 31 job rate (range maximum) |
March 31 Salary |
6 |
Employee's salary at March 31 |
OCG Level |
1 |
Ongoing Commitments Assessment Level:
4
3
2
1
0 |
Base Salary Increase |
6 |
Dollar amount of base salary increase (in-range movement) |
Revised Salary |
6 |
Revised base salary after in-range movement |
Final Salary April 1 |
6 |
Revised base salary after in-range movement and any rounding |
KC Level
* The Unable to Assess rating Must
be used if the rating for Ongoing Commitments was Unable to Assess |
1 |
Key Commitments Assessment Level:
4
3
2
1
0 |
KC Lump Sum |
6 |
Dollar amount of lump sum in
relation to Key Commitments |
UTA Reason |
1 |
Reason for the Unable to Assess
Rating
1 New EX in PS
2 New EX from
another PS group
3 Non-EX acting as
EX less than 3 months
4 EX absent from
position for a significant period of the cycle, e.g. language training, on
LWOP or sick leave
5 Unable to Assess
for Key Commitments Only: EX on language training for the entire cycle (must
be combined with Met All for Ongoing Commitments)
6 Other Unable to
Assess for Key Commitments Only: No Key Commitments were established |
Performance Pay Category (New for 2004-2005) |
1 |
1 No At-Risk Pay
2 At-Risk Pay
3 Bonus |
Comments |
|
As appropriate |
Appendix
"D"
The parties will
consult, at the national level or such other level as they may agree, on the
subject of appropriate office accommodation, having regard (i) to the
responsibilities assigned to the members of the bargaining unit, particularly
their professional obligation to maintain confidentiality and to protect
solicitor-client privilege, and (ii) to the context of the federal public
service.
They will meet
within one hundred and fifty (150) days of the issuing of this Award to begin
the discussions (Arbitral award
dated October 23, 2009, provision effective November 1, 2009)