Collective Agreement between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the Informatics (IN) Group Bargaining Unit

** Asterisks denote changes from the previous Collective Agreement

Part A - General

Article A1 - Purpose of Agreement

A1.01 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Institute and the employees, and to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits and general working conditions affecting employees covered by this Agreement.

A1.02 The parties to this Agreement share a desire to improve the quality of the Canadian Food Inspection Agency, to maintain professional standards and to promote the well-being and increased efficiency of its employees to the end that the people of Canada will be well and effectively served.  Accordingly, the parties are determined to establish within the framework provided by law, an effective working relationship at all levels of the Canadian Food Inspection Agency in which members of the bargaining unit are employed.

Article A2 - Recognition

A2.01 The Employer recognizes the Institute as the exclusive Bargaining Agent for all employees described in the certificate issued by the Public Service Staff Relations Board on December 22, 1999, for employees of the Informatics (IN) Bargaining Unit and classified as CS.

A2.02 The Employer recognizes that it is a proper function and a right of the Institute to bargain with a view to arriving at a Collective Agreement and the Employer and the Institute agree to bargain in good faith, in accordance with the provisions of the Public Service Labour Relations Act.

Article A3 - Application

A3.01 The provisions of this Agreement apply to the Institute, employees and the Employer.

A3.02 In this Agreement, words importing the masculine gender shall include the feminine gender.

Article A4 - Official Texts

A4.01 Both the English and French texts of this Agreement shall be official.

Article A5 - Management Rights

A5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are recognized by the Institute as being retained by the Employer.

Article A6 - Rights of Employees

A6.01 Nothing in this Agreement shall be construed as an abridgement or restriction of an employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

**Article A7 - Interpretation and Definitions

**A7.01 For the purpose of this Agreement:

  1. "bargaining unit" means the employees of the Employer as described in Article A2-Recognition; (unite de négociation)
  2. "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year; (conjoint de fait)
  3. **"compensatory leave" means leave with pay in lieu of cash payment for overtime, call-back, standby, and travelling time compensated at an overtime rate; (congé compensatoire)
  4. **"continuous employment" has the same meaning as specified in the Employer's Terms and Conditions of Employment on the date of signing of this agreement; (emploi continu)
  5. **"daily rate of pay" means an employee's weekly rate of pay divided by five (5); (taux de rémunération journalier)
  6. **"day of rest" in relation to an employee means a day, other than a designated paid holiday, on which that employee is not ordinarily required to perform the duties of his or her position other than by reason of his or her being on leave; (jour de repos)
  7. **"designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this Agreement; (jour férié désigné payé)
  8. **"double time" means two (2) times the employee's hourly rate of pay; (tarif double)
  9. **"employee" means a person so defined by the Public Service Labour Relations Act and who is a member of the bargaining unit; (employé)
  10. **"Employer" means Her Majesty in right of Canada as represented by the Canadian Food Inspection Agency, and includes any person authorized to exercise the authority of the Canadian Food Inspection Agency; (Employeur)
  11. **"headquarters area" has the same meaning as given to the expression in the Travel Directive; (zone d'affectation)
  12. **"hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven and one-half (37½); (taux de rémunération horaire)
  13. **"Institute" means the Professional Institute of the Public Service of Canada; (Institut)
  14. **"lay-off" means the termination of an employee's employment because of lack of work or because of the discontinuance of a function; (mise en disponibilité)
  15. **"leave" means authorized absence from duty; (congé)
  16. **"membership dues" means the dues established pursuant to the by-laws and regulations of the Institute as the dues payable by its members as a consequence of their membership in the Institute, and shall not include any initiation fee, insurance premium, or special levy; (cotisations syndicales)
  17. **"overtime" means work required by the Employer, to be performed by a full-time employee in excess of the employee's daily hours of work; (heures supplémentaires)
  18. **"time and one-half" means one and one-half (1½) times the employee's hourly rate of pay; (tarif et demi)
  19. **"weekly rate of pay" means an employee's annual rate of pay divided by fifty-two point one seven six (52.176). (taux de rémunération hebdomadaire)

A7.02 Except as otherwise provided in this Agreement, expressions used in this Agreement,

  1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act, and
  2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act.

Article A8 - Publications and Authorship

A8.01 The Employer agrees to continue the present practice of ensuring that employees have ready access to all publications considered necessary to their work by the Employer.

A8.02 The Employer agrees that original articles or professional and technical papers prepared by an employee, within the scope of his or her employment, will be retained on appropriate departmental files for the normal life of such files. The Employer will not unreasonably withhold permission for the publication of original articles or professional and technical papers in professional media. At the Employer's discretion, recognition of authorship will be given where practicable in departmental publications.

A8.03 When an employee acts as a sole or joint author or editor of a publication, the authorship or editorship shall normally be acknowledged on such publication.

A8.04

  1. The Employer may suggest revisions to a publication and may withhold approval to publish.
  2. When approval for publication is withheld, the author(s) shall be so informed in writing of the reasons, if requested by the employee(s).
  3. Where the Employer wishes to make changes in a publication with which the author does not agree, the employee shall not be credited publicly if the employee so requests.

Part B - Working Conditions

**Article B1 - Hours of Work

B1.01 Day Work

  1. The normal work week shall be thirty-seven and one-half (37½) hours and the normal work day shall be seven and one-half (7½) consecutive hours, exclusive of a meal period, between the hours of 6:00 a.m. and 6:00 p.m. The normal work week shall be Monday to Friday inclusive.
  2. Where normal hours are to be changed so that they are different from those specified in clause B1.01(a) the Employer, in advance, except in cases of emergency, will consult with the Institute on such hours of work, and in such consultation, will show that such hours are required to meet the needs of the public and/or efficient operation of the Agency.

B1.02 The Employer, to allow for the summer and winter hours, provided the annual total is not changed, may vary the normal weekly and daily hours of work.

B1.03 Days of Rest

An employee shall be granted two (2) consecutive days of rest during each seven (7) day period unless operational requirements do not so permit.

B1.04 Shift Work

When, because of the operational requirements of the Service, hours of work are scheduled for employees on a rotating or irregular basis, they shall be scheduled so that employees work an average of thirty-seven and one-half (37½) hours per week exclusive of meal breaks.

B1.05 The Employer will make every reasonable effort:

  1. not to schedule the commencement of a shift within sixteen (16) hours of the completion of the employee's previous shift;
  2. to avoid excessive fluctuation in hours of work; and
  3. to grant days of rest which should be consecutive but may be in separate calendar weeks.

B1.06 The staffing, preparation, posting and administration of shift schedules is the responsibility of the Employer.

B1.07 The Employer shall set up a shift schedule which shall cover a minimum period of one (1) week, posted two (2) weeks in advance of the commencement of the scheduled period, which will cover the normal requirements of the work area.

B1.08 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

B1.09 Where a new shift schedule has to be introduced by the Employer or an existing shift schedule has to be modified, the Employer, in advance, except in cases of emergency, will consult with the Institute on the timing of such shifts.

B1.10 Attendance Registers

Employees will submit monthly attendance registers; only hours of overtime and absences need to be specified.

B1.11 Consultation Regarding Change in Hours

The representative of each of the parties hereto shall, during the currency of this agreement, meet and consider the practicality of instituting work schedules that vary from seven and one-half (7½) hours per day, Monday through Friday each week, and/or vary from five (5) days per week. The parties shall make every reasonable effort to establish mutually acceptable work schedules that are consistent with operational requirements and shall particularly consider any specific proposals made by an employee or employees. If employees' requests for a variation in hours of work are consistent with the needs of the operational requirements, then such requests shall be implemented.

Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

**B1.12 For an employee who completes required hours of work pursuant to clause B1.11, the agreement shall be administered as follows:

  1. **Article A7 – Interpretation and Definitions

    Sub-clause A7.01 (e) "daily rate of pay" shall not apply.

  2. Article B5 – Designated Paid Holidays

    A designated paid holiday shall account for seven and one-half (7½) hours.

B1.13 Shift Premium

An employee on shift work shall receive a shift premium of two dollars ($2.00) per hour for all hours (including overtime hours) worked between 4:00 p.m. and 8:00 a.m. The shift premium will not be paid for hours worked between 8:00 a.m. and 4:00 p.m.

B1.14 Weekend Premium

  1. An employee shall receive an additional premium of two dollars ($2.00) per hour for work on Saturday and/or Sunday for hours worked as stipulated in sub-clause B1.14(b) below.
  2. Weekend premium shall be payable in respect of all regularly scheduled hours at straight-time hourly rates worked on Saturday and/or Sunday.

**Article B2 - Overtime

B2.01 An employee at Level CS-01, CS-02, CS-03 or CS-04 who is required to work overtime shall be compensated as follows:

  1. on a normal work day at the rate of time and one-half (1½) for the first seven and one-half (7½) overtime hours worked and double (2) time thereafter;
  2. on days of rest at the rate of time and one-half (1½) for the first seven and one-half (7½) overtime hours worked and double (2) time thereafter except, that when an employee is required by the Employer to work on two (2) or more consecutive and contiguous days of rest such employees shall be compensated on the basis of double (2) time for all hours worked on the second and each subsequent day of rest;
  3. where an employee is required to work a continuous period of overtime during which he or she becomes entitled to be paid at the double (2) time rate, the employee will continue to be paid at that rate until the conclusion of the overtime period;
  4. no employee will be required to work more than twenty-four (24) continuous hours without a break of at least twelve (12) hours before reporting back to work.

B2.02 Meal Allowance

  1. An employee who works three (3) or more hours of overtime immediately following such employee's normal hours of work shall be reimbursed his or her expenses for one meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
  2. For each four (4) hours an employee works overtime continuously extending beyond the period provided in (a) above, such employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided.
  3. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that the employee may take a meal break either at or adjacent to his or her place of work.
  4. This clause shall not apply to an employee who is in travel status that entitles the employee to claim expenses for lodging and/or meals.

B2.03 Reporting Pay

When an employee is required to report for work on a day of rest or a designated paid holiday, the employee shall be paid the greater of:

  1. compensation at the applicable overtime rate, or
  2. compensation equivalent to four (4) hours' pay at the employee's hourly rate of pay, except that the minimum of four (4) hours' pay shall apply the first time only an employee is required to report for work during a period of eight (8) hours, starting with the employee's first reporting.

If an employee is given instructions during his or her workday to work non-contiguous overtime on that day and works such overtime, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at the straight-time rate, whichever is greater.

B2.04 General

Employees shall record starting and finishing times of overtime work in a form determined by the Employer.

B2.05 All calculations for overtime shall be based on each complete period of fifteen (15) minutes.

B2.06 Except in cases of emergency, call-back, or mutual agreement, the Employer shall, wherever possible, give at least twelve (12) hours' notice of any requirement for overtime.

B2.07 The Employer will endeavour to make cash payments for overtime in the month following the month which the credits were granted.

**B2.08 When, in a situation involving overtime, an employee is required to report to work before public transportation services have commenced, or to remain at work or to return to work after normal transportation services have been suspended, the use of a taxi or the payment of kilometrage rate, as appropriate, shall be authorized from the employee's residence to the workplace and/or return if necessary.

**Article B3 - Call-Back

B3.01 When an employee, after having completed his or her normal hours of work, has left the place of work and prior to reporting for his or her next regular scheduled work period, is called back to work for a period of non-contiguous overtime, the employee shall be paid the greater of:

  1. the minimum of three (3) hours' pay at the applicable overtime rate; or
  2. compensation at the applicable rate of the overtime worked.

**B3.02 When an employee is called back to work under the conditions described in clause B3.01 and is required to use transportation services other than normal public transportation services, the employee shall be reimbursed for reasonable expenses incurred as follows:

  1. kilometric allowance at the rate normally paid by the Employer where the employee travels by means of his automobile; or
  2. out-of-pocket expense for other means of commercial transportation.

Time spent by the employee called back to work or returning to his or her residence shall not constitute time worked.

**Article B4 - Stand-By

**B4.01 When the Employer requires an employee to be readily available on stand-by during off-duty hours, an employee shall be compensated at the rate of one-half (½) hour for each four (4) hour period or portion thereof for which he or she has been designated as being on stand-by duty.

**B4.02 An employee designated by letter or by list for stand-by duty shall be readily available during his or her period of stand-by at a known telephone number and be able to return for duty as quickly as possible if called. In designating employees for stand-by duty, the Employer will endeavour to provide for the equitable distribution of stand-by duties.

B4.03 No stand-by duty payment shall be granted if an employee is unable to report for duty when required.

B4.04 An employee on stand-by duty who is required to report to work shall be paid, in addition to the stand-by pay, the greater of:

  1. the applicable overtime rate for the time worked; or
  2. the minimum of three (3) hours' pay at the applicable rate for overtime; except that this minimum shall apply once during a single period of eight (8) hours' stand-by duty.

B4.05 When an employee on stand-by duty is called back for work under the conditions described in clause B4.04 and is required to use transportation services other than normal public transportation services, the employee shall be compensated in accordance with clause B3.03 of this Agreement.

B4.06 The Employer agrees that in the areas and in the circumstances where electronic paging devices are both practicable and efficient, such devices will be provided without cost to those employees on stand-by duty.

Article B5 - Designated Paid Holidays

B5.01 Subject to clause B5.02, the following days shall be designated paid holidays for employees:

  1. New Year's Day,
  2. Good Friday,
  3. Easter Monday,
  4. the day fixed by proclamation of the Governor in Council for celebration of the Sovereign's birthday,
  5. Canada Day,
  6. Labour Day,
  7. the day fixed by proclamation of the Governor in Council as a general day of Thanksgiving,
  8. Remembrance Day,
  9. Christmas Day,
  10. Boxing Day,
  11. one 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 employee 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 Monday in August, and
  12. one additional day when proclaimed by an Act of Parliament as a National Holiday.

B5.02 An employee absent without pay on both his or her full working day immediately preceding and his or her full working day immediately following a designated paid holiday is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article C5-Leave for Staff Relations Matters.

B5.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause B5.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following his or her day of rest.

B5.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause B5.03:

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

B5.05 Designated Paid Holiday coinciding with a Day of Paid Leave

Where a day that is a designated paid holiday for an employee coincides with a day of leave with pay or is moved as a result of the application of clause B5.03, that day shall count as a holiday and not count as a day of leave.

B5.06 Compensation for Work on a Paid Holiday

Compensation for work on a paid holiday shall be as follows:

  1. on a designated paid holiday, at the rate of time and one-half (1½) for each first seven and one-half (7½) hours worked and double (2) time thereafter;
  2. when an employee works on a holiday, which is not his scheduled day of work, contiguous to a day of rest on which the employee also worked, such employee shall be compensated on the basis of double (2) time for each hour worked.

**Article B6 - Travelling Time

B6.01 For the purposes of this Agreement, travelling time is compensated for only in the circumstances and to the extent provided for in this Article.

B6.02 When an employee is required to travel outside his or her headquarters area on government business, as these expressions are defined by the Employer, the time of departure and the means of such travel shall be determined by the Employer and the employee will be compensated for travel time in accordance with clauses B6.03 and B6.04. Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

B6.03 For the purposes of clauses B6.02 and B6.04, the travelling time for which an employee shall be compensated is as follows:

  1. 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.
  2. For travel by private means of transportation, the normal time as determined by the Employer to proceed from the employee's place of residence or workplace, as applicable, directly to his or her destination and, upon his or her return, directly back to his or her residence or workplace.
  3. In the event that an alternate time of departure and/or means of travel is requested by the employee, the Employer may authorize such alternate arrangements in which case compensation for travelling time shall not exceed that which would have been payable under the Employer's original determination.

B6.04 If an employee is required to travel as set forth in clauses B6.02 and B6.03:

  1. On a normal working day on which he or she travels but does not work, the employee shall receive his or her regular pay for the day.
  2. On a normal working day on which he or she travels and works, the employee shall be paid:
    1. his or her regular pay for the day for a combined period of travel and work not exceeding eight (8) hours; and
    2. at the applicable overtime rate for additional travel time in excess of an eight (8) hour period of work and travel, with a maximum payment for such additional travel time not to exceed twelve (12) hours' pay at the straight-time rate in any day.
  3. On a day of rest or on a designated holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours' pay at the straight-time rate.

B6.05 Compensation shall not be paid for travelling time to courses, training sessions, conferences and seminars to which an employee is sent for the purpose of career development, unless the employee is required to attend by the Employer.

B6.06 This Article does not apply to an employee required to perform work in any type of transport in which such employee is travelling. In such circumstances, the employee shall receive the greater of:

  1. on a normal working day, his or her regular pay for the day; or
  2. pay for actual hours worked in accordance with Article B2-Overtime, of this Agreement.

**B6.07 Travel Status Leave

  1. An employee who is required to travel outside his 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 off with pay. The employee shall be credited with an additional seven decimal five (7.5) hours off for each additional twenty (20) nights that the employee is away from his permanent residence to a maximum of eighty (80) nights.
  2. The maximum number of hours 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.
  3. **This leave with pay is deemed to be compensatory leave and is subject to Article B21– Compensatory Leave With Pay.
  4. The provisions of this clause do not apply when the employee travels in connection with courses, training sessions, professional conferences and seminars.

**Article B7 - Leave – General

B7.01

  1. When an employee becomes subject to this Agreement, his or her earned daily leave credits shall be converted into hours. When an employee 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 and one-half (7½) hours.
  2. When leave is granted, it will be granted on an hourly basis and the number of hours debited for each day of leave being equal to the number of hours of work scheduled for the employee for the day in question.
  3. Notwithstanding the above, in clause B10.01 of Article B10-Bereavement Leave with Pay, a "day" will mean a calendar day.

B7.02 When the employment of an employee who has been granted more vacation or sick leave with pay than the employee has earned is terminated by death or lay-off, the employee is considered to have earned the amount of leave with pay granted to the employee.

B7.03 An employee is entitled, once in each fiscal year, to be informed, upon request, of the balance of vacation or sick leave with pay credits.

B7.04 The employee shall retain the amount of leave with pay credited to the employee by the Employer at the time when this Agreement is signed, or at the time when the employee becomes subject to this Agreement.

B7.05 An employee is not entitled to leave with pay during periods the employee is on leave without pay, on education leave or under suspension.

B7.06 Except as otherwise specified in this Agreement:

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

**B7.07 Notwithstanding anything contained in Article B8-Vacation Leave, Article B9-Sick Leave, or Article B22-Leave With or Without Pay for Other Reasons, an employee shall not be granted vacation leave, sick leave or other types of leave with pay while he or she is on leave without pay or under suspension.

B7.08 In respect to applications for leave made pursuant to this Collective Agreement, the employee may be required to provide satisfactory validation of the circumstances necessitating requests.

**B7.09 In the event of termination of employment for reasons other than death or lay-off, the Employer shall recover from any monies owed the employee an amount equivalent to unearned vacation and sick leave taken by the employee, as calculated from the classification prescribed in the employee's certificate of appointment on the date of the termination of the employee's employment.

**Article B8 - Vacation Leave

B8.01 The vacation year shall be from April 1st to March 31st, inclusive.

B8.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits at the rate described below for each calendar month during which he or she receives pay for at least seventy-five (75) hours.

  1. nine point three seven five (9.375) hours until the month in which the employee's eighth (8th) anniversary of service occurs;
  2. twelve point five (12.5) hours commencing with the month in which the employee's eighth (8th) anniversary of service occurs;
  3. thirteen point seven five (13.75) hours commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
  4. fourteen point three seven five (14.375) hours commencing with the month in which the employee's seventeenth (17th) anniversary of service occurs;
  5. fifteen point six two five (15.625) hours commencing with the month in which the employee's eighteenth (18th) anniversary of service occurs;
  6. sixteen point eight seven five (16.875) hours commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
  7. eighteen point seven five (18.75) hours commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs.

Conversion Examples:

Monthly Hours Annual Hours Annual Days
9.375 hours 112.5 hours 15 days
12.500 hours 150.0 hours 20 days
13.750 hours 165.0 hours 22 days
14.375 hours 172.5 hours 23 days
15.625 hours 187.5 hours 25 days
16.875 hours 202.5 hours 27 days
18.750 hours 225.0 hours 30 days

**B8.03

  1. For the purpose of clause B8.02 only, all service within the Public Service and the Canadian Food Inspection Agency, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the Canadian Food Inspection Agency or the Public Service, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is re-appointed to the Canadian Food Inspection Agency within one year following the date of lay-off. For greater certainty, severance termination benefits taken under clauses B25.05 to B25.08, or similar provisions in other collective agreements, do not reduce the calculation of service for employees who have not left the public service.
  2. **For the purpose of clause 8.03(a) only, effective April 1, 2012 and forward from that date, any former service in the Canadian Forces for a continuous period of six (6) months or more, either as a member of the Regular Forces or of the Reserve Force while on Class B or C service, shall also be included in the calculation of vacation leave credits.

**B8.04 Entitlement to Vacation Leave with Pay

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

B8.05 Provision for Vacation Leave

In order to maintain operational requirements, the Employer reserves the right to schedule an employee's vacation leave but shall make reasonable effort:

  1. to provide an employee's vacation leave in an amount and at such time as the employee may request;
  2. not to recall an employee to duty after the employee has proceeded on vacation leave.

B8.06 The Employer shall give the employee as much notice as is practicable that a request for vacation leave has or has not been approved.  If the leave is not approved, the employee shall be so advised immediately.

B8.07 Carry-Over and/or Liquidation of Vacation Leave

Where in any vacation year all of the vacation leave credited to an employee has not been scheduled, upon request, the employee may carry over into the following vacation year up to a maximum of two hundred sixty-two point five (262.5) hours credits. All vacation leave credits in excess of two hundred sixty-two point five (262.5) hours will be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on the last day of the vacation year.

B8.08 During any vacation year, upon application by the employee and at the discretion of the Employer, earned but unused vacation leave credits in excess of one hundred twelve point five (112.5) hours may be paid in cash at the employee's daily rate of pay as calculated from the classification prescribed in his or her certificate of appointment of his or her substantive position on March 31st of the previous vacation year.

B8.09 Recall from Vacation Leave

Where, during any period of vacation or compensatory leave, an employee is recalled to duty, the employee shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the employee incurs:

  1. in proceeding to his or her place of duty; and
  2. in returning to the place from which the employee was recalled if the employee immediately resumes vacation upon completing the assignment for which the employee was recalled after submitting such accounts as are normally required by the Employer.

B8.10 The employee shall not be considered as being on vacation or compensatory leave during any period in respect of which the employee is entitled under clause B8.09 to be reimbursed for reasonable expenses incurred by him or her.

B8.11 Cancellation or Alteration of Vacation Leave

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

**B8.12 Leave when Employment Terminates

When an employee dies or otherwise ceases to be employed, he or she or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused vacation leave with pay to his or her credit by the hourly rate of pay as calculated from the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.

**B8.13 Abandonment

Notwithstanding clause B8.12, an employee whose employment is terminated by reason of a declaration that such employee abandoned his or her position is entitled to receive the payment referred to in clause B8.12 if the employee requests it within six (6) months following the date upon which his or her employment is terminated.

**B8.14 Replacement of Vacation Leave

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

  1. is granted bereavement leave; or
  2. is granted leave with pay because of illness in the immediate family; or
  3. is granted sick leave;

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

**B8.15 Vacation Leave Credits for Severance Pay

Where the employee requests, the Employer shall grant the employee his or her unused vacation leave credits prior to termination of employment if this will enable such employee, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of lay-off.

**B8.16 Appointment to a Schedule I, IV, or V Employer

Notwithstanding clause B8.12, an employee who resigns to accept employment with an organization listed in Schedule I, IV or V of the Financial Administration Act may choose not to be paid for earned but unused vacation leave credits provided that the appointing organization will accept such credits.

**B8.17 Appointment from a Schedule I, IV or V Employer

The Employer agrees to accept unused vacation leave credits up to a maximum of two hundred and six-two decimal five (262.5) hours of an employee who resigns from an organization listed in Schedule I, IV or V of the Financial Administration Act in order to take a position with the Employer if the transferring employee is eligible and has chosen to have these credits transferred.

**B8.18

  1. Employees shall be credited a one-time entitlement of thirty-seven decimal five (37.5) hours of vacation leave with pay on the first (1st) day of the month following the employee's second (2nd) anniversary of service, as defined in clause B8.03.
  2. The vacation leave credits provided in clauses B8.18 (a) above shall be excluded from the application of paragraph B8.07 and B8.08 dealing with Carry-over and/or Liquidation of Vacation Leave.

**Article B9 - Sick Leave

**B9.01 Credits

An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which such employee receives pay for at least seventy-five (75) hours.

**B9.02 A shift worker shall earn additional sick leave credits at the rate of one decimal two five (1.25) hours for each calendar month during which he or she works shifts and he or she receives pay for at least seventy-five (75) hours. Such credits shall not be carried over in the next fiscal year and are available only if the employee has already used one hundred and twelve decimal five (112.5) hours sick leave credits during the current fiscal year.

B9.03 An employee shall be granted sick leave with pay when such employee is unable to perform his or her duties because of illness or injury provided that:

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

B9.04 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury he or she was unable to perform his or her duties shall, when delivered to the Employer, be considered as meeting the requirements of clause B9.03(a).

B9.05 An employee shall not be granted sick leave with pay during any period in which the employee is on leave of absence without pay, or under suspension.

B9.06 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.

**B9.07 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provisions of clause B9.03, sick leave with pay may, at the discretion of the Employer, be granted to an employee 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 with the Employer.

B9.08 The Employer may for good and sufficient reason advance sick leave credits to an employee when a previous advance has not been fully reimbursed.

B9.09 Sick leave credits earned but unused by an employee during a previous period of employment with the Public Service and the Canadian Food Inspection Agency shall be restored to an employee whose employment was terminated by reason of lay-off and who is re-appointed in the Canadian Food Inspection Agency within two (2) years from the date of layoff.

**B9.10 Sick leave credits earned but unused by an employee during a previous period of employment in the public service shall be restored to an employee whose employment was terminated due to the end of a specified period of employment, and who is re-appointed by the Canadian Food Inspection Agency within one (1) year from the end of the specified period of employment.

**Article B10 - Bereavement Leave

**B10.01 For the purpose of this Article, immediate family is defined as father, mother (or alternatively stepfather, stepmother or foster parent), brother, sister, spouse (including common-law partner residing with the employee), child (including child of common-law partner), stepchild or ward of the employee, grandparent, grandchild, father-in-law, mother-in-law, and any relative permanently residing in the employee's household or with whom the employee permanently resides.

  1. **When a member of the employee's immediate family dies, the employee shall be entitled to a single bereavement period of seven (7) consecutive calendar days. Such bereavement period, as determined by the employee, must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death. During such period, the employee shall be paid for those days which are not regularly scheduled days of rest for the employee. In addition, the employee may be granted up to three (3) days' leave with pay for the purpose of travel related to the death.
  2. An employee is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of his or her son-in-law, daughter-in-law, brother-in-law or sister-in-law.
  3. 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 President of the CFIA may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in sub-clauses B10.01(a) and (b).
  4. If, during a period of sick leave, vacation leave or compensatory leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave with pay under this Article, the employee shall be granted bereavement leave with pay and his or her paid leave shall be restored to the extent of any concurrent bereavement leave with pay granted.

Article B11 - Maternity and Parental Leave Without Pay

B11.01 Maternity and Parental Leave without Pay

  1. An employee who becomes pregnant shall, upon request, be granted maternity leave without pay for a period beginning before, on or after the termination date of pregnancy and ending no later than eighteen (18) weeks after the termination date of pregnancy.
  2. Where an employee has or will have actual care and custody of a newborn child, (including the new-born child of a common-law partner) or commences legal proceedings to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall be granted parental leave without pay upon request for a single period of up to thirty seven (37) consecutive weeks in the fifty-two (52) week period commencing on the day on which the child comes into the employee's care.
  3. Notwithstanding paragraph (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraph (b) above may be taken in two (2) periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. where the employee's child is hospitalized and the employee has not yet proceeded on maternity or parental leave without pay, or
    2. where the employee has proceeded on maternity and/or 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 maternity and/or parental leave without pay specified in the original leave request may be extended by a period equal to the child's hospitalization during which the employee was not on maternity and/or parental leave without pay (to a maximum of eighteen (18) weeks for maternity leave). However, the extension shall end not later than fifty-two (52) weeks after the termination date of pregnancy or the day the child comes into the employee's care.
  5. The Employer may require an employee to submit a medical certificate certifying pregnancy, or submit a birth certificate or proof of adoption.
  6. An employee shall inform the Employer in writing of his or her plans for taking maternity and/or parental leave without pay to cover the absence from work at least four (4) weeks in advance of the initial date of continuous leave of absence, unless there is a valid reason why the notice cannot be given.
  7. 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.
  8. Parental leave without pay taken by a couple employed by the Agency shall not exceed a combined total of thirty-seven (37) weeks.
  9. An employee who has not commenced maternity leave without pay may elect to:
    1. use earned vacation and compensatory leave credits up to and beyond the date that her pregnancy terminates;
    2. use her sick leave credits up to and beyond the date that her pregnancy terminates, subject to the provisions set out in Article B9-Sick Leave. For purposes of this paragraph, the terms "illness" or "injury" used in Article B9-Sick Leave, shall include medical disability related to pregnancy.
  10. The Employer may:
    1. defer the commencement of parental leave without pay at the request of the employee;
    2. grant the employee parental leave without pay with less than four (4) weeks' notice;
    3. require an employee to submit a birth certificate or proof of adoption of the child.

B11.02 Maternity And/Or Parental Allowance

  1. An employee who has been granted maternity and/or parental leave without pay shall be paid an allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described below providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of the leave,
    2. provides the Employer with proof of application for and receipt of pregnancy or parental benefits in accordance with Employment Insurance or the Québec Parental Insurance Plan in respect of insurable employment with the Employer, and
    3. signed an agreement with the Employer stating that he or she will return to work following the approved leave period (unless modified by a period of other approved leave) for a period equal to that for which an allowance was paid.
  2. Should an employee fail to return to work or fail to work the period specified in B11.02 (a)(iii) 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 B11.02 (a)(iii), or having become disabled with the meaning of the Public Service Superannuation Act, the employee shall repay to the Employer on a pro rata basis as follows:

    [allowance received] X

    [remaining period to be worked following return to work]
    ______________________________________________

    [total period to be worked as specified in (a) (iii)]

    However, an employee whose specified period of employment expired and who is rehired by the Employer within a period of five (5) days or less is not indebted for the amount if the new period of employment is sufficient to meet the obligations specified in (a) (iii).

  3. For the purpose of B11.02 (a) (iii) and (b), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in B11.02 (a) (iii) without activating the recovery provisions described in B11.02 (b).
  4. Maternity or Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. where the employee is subject to a two-week waiting period before receiving Employment Insurance maternity or parental benefits, ninety-three percent (93%) of his or her weekly rate of pay for each week, less any other monies earned during this period, and
    2. for each week the employee receives maternity, parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, he/she is eligible to receive the difference between ninety-three percent (93%) of his or her weekly rate of pay for each week and the maternity, parental, adoption or paternity benefits less any other monies earned during this period which may result in a decrease in the maternity, parental, adoption or paternity benefits to which the employee would have been eligible if no extra monies had been earned during this period.
    3. where an employee 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 percent (93%) of her weekly rate of pay for each week less any other monies earned during this period.
  5. At the employee's request, the payment referred to in B11.01 (d)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of EI maternity or EI parental benefits.
  6. The maternity and parental allowance to which an employee is entitled is limited to that provided in B11.02(d) and an employee will not be reimbursed for any amount required to be repaid pursuant to the Employment Insurance Act or the Québec Parental Insurance Plan.
  7. The weekly rate of pay referred to in sub-clause (d) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity and/or parental leave without pay;
    2. for an employee who has been employed on a part-time or on a combined full-time and part-time basis during the six (6) month period preceding the commencement of maternity and/or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in B11.02(g)(i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  8. The weekly rate of pay referred to in B11.02(g) shall be the rate to which the employee is entitled for his or her substantive level to which the employee is appointed.
  9. Notwithstanding B11.02(h) and subject to B11.02(g)(ii), if on the day immediately preceding commencement of maternity and/or parental leave without pay, an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate the employee was being paid on that day.
  10. Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity or parental allowance, the allowance shall be adjusted accordingly.
  11. Maternity or parental allowance payments made under the SUB plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  12. The maximum combined maternity and parental allowances payable under this collective agreement shall not exceed fifty-two (52) weeks.

B11.03 Special Allowance for Totally Disabled Employees

  1. An employee who fails to qualify for Employment Insurance or Québec Parental Insurance Plan maternity and/or parental benefits solely because of 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, or the Government Employees Compensation Act, and who has completed six (6) months of continuous employment before the commencement of the leave shall be paid, in respect of each week of benefits under the maternity and/or parental allowance not received for the reason described herein, the difference between ninety-three percent (93%) of the employee's rate of pay and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
  2. An employee shall be paid an allowance under this clause and under B11.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for maternity, parental, adoption or paternity benefits under the Employment Insurance or the Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance maternity and parental benefits for the reasons described above.

Article B12 - Maternity-related Reassignment or Leave

B12.01

  1. An employee 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.
  2. An employee's request under sub-clause B12.01(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. Dependant upon the particular circumstances of the request, the Employer may obtain an independent medical opinion.
  3. An employee who has made a request under sub-clause B12.01(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:
    1. modifies her job functions or reassigns her, or
    2. informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.
  4. Where reasonably practicable, the Employer shall modify the employee's job functions or reassign her.
  5. 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 employee in writing and shall grant leave of absence without pay to the employee for the duration of the risk as indicated in the medical certificate. However, such leave shall end no later than twenty-four (24) weeks after the birth.
  6. An employee whose job functions have been modified, who has been reassigned or who is on leave of absence shall give at least two (2) weeks' notice in writing to the 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.

Article B13 - Medical Appointment for Pregnant Employees

B13.01 Up to three decimal seven five (3.75) hours of reasonable time off with pay will be granted to pregnant employees for the purpose of attending routine medical appointments.

B13.02 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

**Article B14 - Leave Without Pay for The Care of Immediate Family

B14.01 For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee) children (including foster children or children of spouse or common-law partner), or parents (including step-parents or foster parents), and any relative permanently residing in the employee's household or with whom the employee permanently resides.

B14.02 Subject to operational requirements, an employee shall be granted leave without pay for the care of immediate family in accordance with the following conditions:

  1. an employee shall notify the Employer in writing as far in advance as possible but not less than four (4) weeks in advance of the commencement date of such leave, unless such notice cannot be given because of an urgent or unforeseeable circumstance;
  2. leave granted under this Article shall be for a minimum period of three (3) weeks;
  3. the total leave granted under this Article shall not exceed five (5) years during an employee's total period of employment in the Canadian Food Inspection Agency or in the Public Service:
  4. leave granted for periods of one (1) year or less shall be scheduled in a manner which ensures continued service delivery;
  5. time spent on such leave shall not be counted for pay increment purposes.

B14.03 An employee who has proceeded on leave without pay may change his return to work date if such change does not result in additional costs to the Employer.

B14.04 All leave granted under leave without pay for the care and nurturing of the employee's pre-school age children or under leave without pay for the long-term care of a parent under the terms of previous collective agreements between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada or other agreements will not count towards the calculation of the maximum amount of time allowed for care of immediate family during an employee's total period of employment in the Canadian Food Inspection Agency and in the Public Service.

Article B15 - Leave Without Pay for Personal Needs

B15.01 Leave without pay will be granted for personal needs, in the following manner:

  1. Subject to operational requirements, leave without pay for a period of up to three (3) months will be granted to an employee for personal needs.
  2. Subject to operational requirements, leave without pay of more than three (3) months but not exceeding one (1) year will be granted to an employee for personal needs.
  3. An employee is entitled to leave without pay for personal needs only once under each of (a) and (b) of this clause during his or her total period of employment in the Public Service and the Canadian Food Inspection Agency. Leave without pay granted under this clause may not be used in combination with maternity or parental leave without the consent of the Employer.

Article B16 - Leave Without Pay for Relocation of Spouse or Common-law Partner

B16.01 At the request of an employee, leave without pay for a period of up to one (1) year shall be granted to an employee whose spouse or common-law partner is permanently relocated and up to five (5) years to an employee whose spouse or common-law partner is temporarily relocated.

**Article B17 - Leave With Pay for Family-related Responsibilities

**B17.01

  1. For the purpose of this clause, family is defined as spouse (or common-law partner resident with the employee), dependent children (including foster children or children of spouse or common-law partner), parents (including step-parents or foster parents), or any relative permanently residing in the employee's household or with whom the employee permanently resides.
  2. **The Employer shall grant leave with pay under the following circumstances:
    1. **an employee is expected to make every reasonable effort to schedule medical or dental appointments for dependant family members to minimize or preclude his or her absence from work; however, when alternate arrangements are not possible an employee shall be granted leave for a medical or dental appointment when the dependant family member is incapable of attending the appointment by himself or herself, or for appointments with appropriate authorities in schools or adoption agencies. An employee requesting leave under this provision must notify his or her supervisor of the appointment as far in advance as possible;
    2. **to provide for the immediate and temporary care of a sick member or elderly member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
    3. **for needs directly related to the birth or to the adoption of the employee's child;
    4. **seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in B17.01(c) may be used:
      1. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
      2. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
      3. to attend an appointment with a legal or paralegal representative for non-employment related matters, or with a financial or other professional representative if the supervisor was notified of the appointment as far in advance as possible.
  3. The total leave with pay which may be granted under the paragraphs (b)(i), (ii), (iii) and (iv) shall not exceed thirty seven decimal five (37.5) hours in a fiscal year.

**Article B18 - Court Leave with Pay

**B18.01 Leave with pay shall be given to every employee, other than an employee already on leave without pay, on education leave, or under suspension who is required:

  1. to be available for jury selection;
  2. to serve on a jury; or
  3. by subpoena or summons to attend as a witness in any proceeding held:
    1. **in or under the authority of a court of justice;
    2. before a court, judge, justice, magistrate or coroner;
    3. before the Senate or House of Commons of Canada or a committee of the Senate or House of Commons otherwise than in the performance of the duties of the employee's position;
    4. before a legislative council, legislative assembly or house of assembly, or any committee thereof that is authorized by law to compel the attendance of witnesses before it; or
    5. before an arbitrator or umpire or a person or body of persons authorized by law to make an inquiry and to compel the attendance of witnesses before it.

Article B19 - Personnel Selection Leave with Pay

B19.01 Where an employee participates in a personnel selection process, including the appeal process where applicable, for a position in the Canadian Food Inspection Agency or for positions in other Agencies or departments (as defined in the Public Service Labour Relations Act), the employee is entitled to leave with pay for the period during which the employee's presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the employee to travel to and from the place where the employee's presence is required.

Article B20 - Injury-on-duty Leave with Pay

B20.01 An employee 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 Workers' Compensation Board that the employee is unable to perform his or her duties because of:

  1. personal injury accidentally received in the performance of the employee's duties and not caused by the employee's wilful misconduct,
  2. sickness resulting from the nature of the employee's employment,
  3. exposure to hazardous conditions in the course of the employee's employment,

if the employee agrees to pay to the Receiver General of Canada any amount received by such employee for loss of wages in settlement of any claim such employee may have in respect of such injury, sickness or exposure.

**Article B21 - Compensatory Leave with Pay

**B21.01 Upon application by the employee and at the discretion of the Employer, compensation earned under Articles B2 - Overtime, B3 - Call-back, B4 - Standby, and travelling time compensated at an overtime rate under Article B6 - Travelling Time may be taken in the form of compensatory leave, which will be calculated at the premium rate laid down in the applicable Article.

**B21.02 The Employer reserves the right to direct an employee to take accumulated leave provided the Employer first makes every reasonable effort to grant such leave in such amounts and at such times as the employee may request.

**B21.03 Compensatory leave in excess of thirty-seven decimal five (37.5) hours earned in a fiscal year and unused as of March 31st of that same fiscal year shall be paid at the employee's hourly rate of pay on March 31st.

**B21.04 At the request of the employee and with the approval of the Employer, accumulated compensatory leave may be paid out, in whole or in part, once per fiscal year, at the employee's hourly rate of pay as calculated from the classification prescribed in the certificate of appointment at the time of the request.

**B21.05 When an employee dies or otherwise ceases to be employed, he or she or the employee's estate shall be paid an amount equal to the product obtained by multiplying the number of hours of earned but unused compensatory leave to his or her credit by the hourly rate of pay as calculated from the classification prescribed in his or her certificate of appointment on the date of the termination of his or her employment.

**B21.06 When a payment is being made as a result of the application of this Article, the Employer will endeavour to make such payment within six (6) weeks following the end of the pay period in which the employee requests payment, or, if the payment is required to liquidate compensatory leave unused at the end of the fiscal year, the Employer will endeavour to make such a payment within six (6) weeks of the commencement of the first pay period after March 31st.

**Article B22 - Leave With or Without Pay for Other Reasons

**B22.01 At its discretion, the Employer may grant:

  1. leave with pay when circumstances not directly attributable to the employee prevent the employee's reporting for duty;
  2. leave with or without pay for purposes other than those specified in this Agreement.

**B22.02 Volunteer Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours' leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign.

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

**B22.03 Personal Leave

Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) days, the employee shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours' leave with pay for reasons of a personal nature.

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

**Article B23 - Religious Observance

**B23.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his or her religious obligations.

**B23.02 Employees may, in accordance with the provisions of this Agreement, request annual leave, compensatory leave, leave without pay for other reasons or a shift exchange in order to fulfill their religious obligations.

**B23.03 Notwithstanding clause B23.02, at the request of the employee and at the discretion of the Employer, time off with pay may be granted to the employee in order to fulfill 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.

**B23.04 An employee 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.

**Article B24 - Career Development

**B24.01 General

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

**B24.02 Education Leave

  1. An employee 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 the employee to fill his or her 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.
  2. An employee on Education Leave without pay under this clause may receive an allowance in lieu of salary of up to one hundred percent (100%) of the employee's annual rate of pay depending on the degree to which the education leave is deemed by the Employer to be relevant to organizational requirements. Where the employee receives a grant, bursary or scholarship, the education leave allowance may be reduced. In such cases, the amount of the reduction shall not exceed the amount of the grant, bursary or scholarship.
  3. Allowances already being received by the employee may, at the discretion of the Employer, be continued during the period of the education leave. The employee shall be notified when the leave is approved whether such allowances are to be continued in whole or in part.
  4. As a condition to the granting of education leave, an employee 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 employee, except with the permission of the Employer:
    1. fails to complete the course,
    2. does not resume employment with the Employer on completion of the course, or
    3. ceases to be employed, except by reason of death or lay-off, before termination of the period the employee has undertaken to serve after completion of the course,
    the employee shall repay the Employer all allowances paid to the employee under this clause during the education leave or such lesser sum as shall be determined by the Employer.

**B24.03 Attendance at Conferences and Conventions

  1. Career development refers to an activity which is, in the opinion of the Employer, likely to be of assistance to the employee in furthering career development and to the organization in achieving its goals. The following activities shall be deemed to be part of career development:
    1. a course given by the Employer;
    2. a course offered by a recognized academic institution;
    3. a seminar, convention or study session in a specialized field offered directly related to an employee's work.
  2. 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.
  3. In order to benefit from an exchange of knowledge and experience, an employee shall have the opportunity on occasion to attend conferences and conventions which are related to the employee's field of specialization, subject to operational requirements.
  4. The Employer may grant leave with pay and reasonable expenses including registration fees to attend such gatherings, subject to budgetary and operational constraints.
  5. An employee 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 employee is required to attend.
  6. An employee invited to participate in a conference or convention in an official capacity, such as to present a formal address or to give a course related to the employee's field of employment, may be granted leave with pay for this purpose and may, in addition, be reimbursed for his or her payment of convention or conference registration fees and reasonable travel expenses.
  7. **An employee shall not be entitled to any compensation under Articles B2-Overtime and B6-Travelling Time in respect of hours he or she is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by clause B24.03(e).

**B24.04 Professional Development

  1. The parties to this Agreement share a desire to improve professional standards by giving the employees the opportunity on occasion:
    1. to participate in workshops, short courses or similar out-service programs to keep up to date with knowledge and skills in their respective fields,
    2. to conduct research or perform work related to their normal research programs in institutions or locations other than those of the Employer,
    3. to carry out research in the employee's field of specialization not specifically related to such employee's assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his or her present role more adequately.
  2. **Subject to the Employer's approval an employee shall receive leave with pay in order to participate in the activities described in clause B24.04(a).
  3. An employee may apply at any time for professional development under this clause, and the Employer may select an employee at any time for such professional development.
  4. When an employee is selected by the Employer for professional development under this clause, the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.
  5. An employee selected for professional development under this clause shall continue to receive his or her normal compensation including any increase for which he or she may become eligible. The employee shall not be entitled to any compensation under Articles B2-Overtime and B6-Travelling Time while on professional development under this clause.
  6. An employee on professional development under this clause may be reimbursed for reasonable travel expenses and such other additional expenses as the Employer deems appropriate.

**B24.05

  1. The Employer shall establish selection criteria for granting leave under clauses B24.02, B24.03 and B24.04. Upon request, a copy of these criteria will be provided to an employee and/or the Institute representative.
  2. 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 Institute as prescribed in Article C10-Joint Consultation.

**B24.06 Examination Leave with Pay

Leave with pay may be granted to an employee for the purpose of writing an examination that will require the employee's absence during his or her 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 employee's duties or will improve his or her qualifications.

**Article B25 - Severance Pay

**Effective December 29, 2013, paragraphs B25.01(b) and (c) are no longer in effect in this Collective Agreement.

**B25.01 Under the following circumstances and subject to clause B25.02, an employee shall receive severance benefits calculated on the basis of his or her weekly rate of pay:

  1. **Lay-Off
    1. **On the first lay-off for the first complete year of continuous employment, two (2) weeks' pay, or three (3) weeks' pay for employees with ten (10) or more but less than twenty (20) years of continuous employment, or four (4) weeks' pay for employees with twenty or more years of continuous employment, plus one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
    2. **On second or subsequent lay-off, one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), less any period in respect of which the employee was granted Severance Pay under B25.01(a)(i) above.
  2. **Resignation

    On resignation, subject to paragraph B25.01(c) and with ten (10) or more years of continuous employment, one-half (½) 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.

  3. Retirement
    1. On retirement, when an employee is entitled to an immediate annuity or to an immediate annual allowance under the Public Service Superannuation Act, or
    2. a part-time employee, who regularly works more than thirteen and one-half (13½) but less than thirty (30) hours in a week, and who, if the employee were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or would have been entitled to an immediate annual allowance if he or she were a contributor 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 benefit of thirty (30) weeks' pay.

  4. Death

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

  5. Rejection on Probation

    On rejection on probation, when an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during a probationary period, such employee shall be paid severance pay equal to the amount obtained by multiplying his or her weekly rate of pay on termination of employment by the number of completed years of continuous employment to a maximum of twenty-seven (27) weeks, less any period in respect of which he or she was granted severance pay, retiring leave or a cash gratuity in lieu of retiring leave.

  6. Termination for Cause for Reasons of Incapacity or Incompetence
    1. When an employee has completed more than one (1) year of continuous employment and ceases to be employed by reason of termination for cause for reasons of incapacity pursuant to paragraph 12(2)(d) of the Financial Administration Act, one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.
    2. When an employee has completed more than ten (10) years of continuous employment and ceases to be employed by reason of termination for cause for reasons of incompetence pursuant to paragraph 12(2)(d) of the Financial Administration Act, one week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks.

**B25.02 The period of continuous employment used in the calculation of severance benefits payable to an employee under this Article shall be reduced by any period of continuous employment in respect of which the employee was already granted any type of termination benefit by the Public Service, a Federal Crown Corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under clause B25.01 and B25.05 be pyramided.

For greater certainty, payments made pursuant to B25.05 to B25.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.

**B25.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in his certificate of appointment, immediately prior to the termination of such employee's employment.

**B25.04 Appointment to another employer organization

An employee who resigns to accept an appointment with an organization listed in Schedule I, IV or V of the Financial Administration Act shall be paid all severance payments resulting from the application of B25.01(b) (prior to December 29, 2013) or B25.05 to B25.08 (December 29, 2013).

**B25.05 Severance Termination

  1. Subject to B25.02 above, indeterminate employees on December 29, 2013 shall be entitled to a severance payment equal to 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.
  2. Subject to B25.02 above, term employees on December 29, 2013 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.

**Terms of Payment

**B25.06 Options

The amount to which an employee is entitled shall be paid, at the employee's discretion, either:

  1. as a single payment at the rate of pay of the employee's substantive position as of December 29, 2013 or
  2. as a single payment at the time of the employee's termination of employment from the Canadian Food Inspection Agency, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Canadian Food Inspection Agency,
    or
  3. as a combination of (a) and (b), pursuant to B25.07 (c).

**B25.07 Selection of Option

  1. The Employer will advise the employee of his or her years of continuous employment no later than three (3) months following the date of signing of the collective agreement.
  2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the date of signing of the collective agreement.
  3. The employee who opts for the option described in B25.06 (c) must specify the number of complete weeks to be paid out pursuant to B25.06 (a) and the remainder to be paid out pursuant to B25.06 (b).
  4. An employee who does not make a selection under B25.07 (b) will be deemed to have chosen option B25.06 (b).

**B25.08 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the IN bargaining unit from a position outside the IN bargaining unit where, at the date of appointment, provisions for severance pay entitlement for reasons of resignation or retirement are still in force, unless the appointment is only on an acting basis.

  1. Subject to B25.02 above, on the date an indeterminate employee becomes subject to this Agreement after December 29, 2013, he or she shall be entitled to a severance payment equal to 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, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  2. Subject to B25.02 above, on the date a term employee becomes subject to this Agreement after December 29, 2013, he or she shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
  3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in B25.06, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.

**Article B26 - Reclassification and Statement of Duties

**B26.01 If, during the term of this Agreement, a new classification standard is established and implemented by the Employer, the Employer shall, before applying rates of pay to the new levels resulting from the application of the standard, negotiate with the Institute the rate of pay and the rules affecting the pay of employees on their movement to the new levels.

**B26.02 Upon written request, an employee shall be entitled to an official, complete and current statement of the duties and responsibilities of his or her position including the position's classification level and point rating allotted by factor and an organization chart depicting the position's place in the organization.

**Article B27 - Technological Change

**B27.01 The parties have agreed that in cases where, as a result of technological change, the services of an employee are no longer required beyond a specified date because of lack of work or the discontinuance of a function, the Employment Transition Policy – Appendix "B" concluded by the parties will apply.  In all other cases, the following clauses will apply.

**B27.02 In this Article "Technological Change" means:

  1. the introduction by the Employer of equipment or material of a substantially different nature than that previously utilized which will result in significant changes in the employment status or working conditions of employees; or
  2. a major change in the Employer's operation directly related to the introduction of that equipment or material which will result in significant changes in the employment status or working conditions of the employees.

**B27.03 Both parties recognize the overall advantages of technological change and will, therefore, encourage and promote technological change in the Employer's operations. Where technological change is to be implemented, the Employer will seek ways and means of minimizing adverse effects on employees which might result from such changes.

**B27.04 The Employer agrees to provide as much advance notice as is practicable but, except in cases of emergency, not less than one hundred and twenty (120) days' written notice to the Institute of the introduction or implementation of technological change.

**B27.05 The written notice provided for in clause B27.04 will provide the following information:

  1. the nature and degree of change;
  2. the anticipated date or dates on which the Employer plans to effect change;
  3. the location or locations involved.

**B27.06 As soon as reasonably practicable after notice is given under clause B27.04, the Employer shall consult meaningfully with the Institute concerning the effects of the technological change referred to in clause B27.05 on each group of employees. Such consultation will include but not necessarily be limited to the following:

  1. the approximate number, class and location of employees likely to be affected by the change;
  2. the effect the change may be expected to have on working conditions or terms and conditions of employment on employees.

**B27.07 When, as a result of technological change, the Employer determines that an employee requires new skills or knowledge in order to perform the duties of his or her substantive position, the Employer will make every reasonable effort to provide the necessary training during the employee's working hours and at no cost to the employee.

**Article B28 - Safety and Health

**B28.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of employees. The Employer will welcome suggestions on the subject from the Institute, 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.

**B28.02 The Employer shall continue to provide, where economically and administratively feasible, working accommodations and facilities to meet the special requirements of computer systems services, and the Employer agrees to consult with the Institute for the purpose of considering expeditiously the Institute's suggestions on the subject.

**B28.03 Subject to any legislation, amendments or any instrument introduced by Parliament, it is recognized that Part II of the Canada Labour Code applies to CFIA.

Part C - Staff Relations Matters

**Article C1 - Union Dues

C1.01 The Employer will, as a condition of employment, deduct an amount equal to the monthly membership dues from the monthly pay of all employees in the bargaining unit.

C1.02 The Institute shall inform the Employer in writing of the authorized monthly deduction to be checked off for each employee defined in the clause C1.01.

C1.03 For the purpose of applying clause C1.01, deductions from pay for each employee in respect of each month will start with the first full month of employment to the extent that earnings are available.

**C1.04 An employee who satisfies the Institute to the extent that he or she 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 employee shows the registered number of the religious organization and is countersigned by an official representative of the religious organization involved. The Institute will inform the Employer accordingly.

C1.05 No employee organization, as defined in section 2 of the Public Service Labour Relations Act, other than the Institute, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of employees in the bargaining unit.

C1.06 The amounts deducted in accordance with clause C1.01 shall be remitted to the Institute by cheque within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on his behalf.

C1.07 The Employer agrees to continue the past practice of making deductions for other purposes on the basis of the production of appropriate documentation.

C1.08 The Institute 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, in which case the liability shall be limited to the amount of the error.

C1.09 Where an employee does not have sufficient earnings in respect of any month to permit deductions under this Article, the Employer shall not be obliged to make such deductions for that month from subsequent salary.

Article C2 - Use of Employer Facilities

C2.01 Access by an Institute Representative

An accredited representative of the Institute may be permitted access to the Employer's premises on stated Institute business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer.

C2.02 Bulletin Boards

Reasonable space on bulletin boards, including an electronic link from the CFIA Intranet page to the Institute Web site, will be made available to the Institute for the posting of official notices in convenient locations determined by the Employer and the Institute. Notices or other material on bulletin boards shall require the prior approval of the Employer, except notices relating to the business affairs of the Institute and social and recreational events. The Employer shall have the right to refuse the posting of any information that it considers adverse to its interests or to the interests of any of its representatives.

C2.03 Institute Literature

The Employer shall continue its present practice of making available to the Institute specific locations on its premises for the placement of reasonable quantities of literature of the Institute.

**Article C3 - Information

C3.01 The Employer agrees to supply the Institute on a quarterly basis with a list of all employees in the bargaining unit. The list referred to herein shall include the name, geographical location, and classification of the employee, and shall be provided within one 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 employees.

**C3.02 The Employer agrees to provide each employee with access to an electronic copy of the Collective Agreement and any amendments thereto. On request, the employee shall be supplied with a printed copy of this Agreement.

Article C4 - Stewards

C4.01 The Employer acknowledges the right of the Institute to appoint Stewards from amongst the members of bargaining units for which the Institute is the certified Bargaining Agent.

C4.02 The Employer and the Institute shall, by mutual agreement, determine the area of jurisdiction of each Steward, having regard to the plan of organization and the distribution of employees.

C4.03 The Institute shall inform the Employer promptly and in writing of the names of its Stewards, their jurisdiction, and any subsequent changes.

C4.04 Leave for Stewards

A Steward shall obtain the permission of his or her immediate supervisor before leaving his or her work to investigate with fellow employees complaints of an urgent nature, to meet with local management for the purpose of dealing with such complaints or problems, and to attend meetings called by management. Such permission shall not be unreasonably withheld. After the Steward resumes his or her duties, he or she shall notify his or her supervisor as soon as practicable.

Article C5 - Leave for Staff Relations Matters

C5.01 Public Service Labour Relations Board Hearings

  1. Complaints made to the Public Service Labour Relations Board Pursuant to Section 190(1) of the Public Service Labour Relations Act.

    Where operational requirements permit, the Employer will grant leave with pay:

    1. to an employee who makes a complaint on his or her own behalf before the Public Service Labour Relations Board;
    2. to an employee who acts on behalf of an employee making a complaint, or who acts on behalf of the Institute making a complaint.
  2. Applications for Certification, Representations and Interventions with respect to Applications for Certification

    Where operational requirements permit, the Employer will grant leave without pay:

    1. to an employee who represents the Institute in an application for certification or in an intervention; and
    2. to an employee who makes personal representations with respect to a certification.
  3. Employee called as a Witness

    The Employer will grant leave with pay:

    1. to an employee called as a witness by the Public Service Labour Relations Board; and
    2. where operational requirements permit, to an employee called as a witness by an employee of the Institute.

C5.02 Arbitration Board Hearings, Public Interest Commission Hearings and Alternative Dispute Resolution Process

  1. Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board or Public Interest Commission or in an Alternative Dispute Resolution Process, or Public Interest Commission proceedings; all are as defined in the Public Service Labour Relations Act.
  2. Employee called as a Witness

    The Employer will grant leave with pay to an employee called as a witness by an Arbitration Board or Public Interest Commission or in an Alternative Dispute Resolution Process and, where operational requirements permit, leave with pay to an employee called as a witness by the Institute.

C5.03 Adjudication

  1. Employee who is a Party

    Where operational requirements permit, the Employer will grant leave with pay to an employee who is a party.

  2. Employee who Acts as Representative

    Where operational requirements permit, the Employer will grant leave with pay to the representative of an employee who is a party.

  3. Employee called as a Witness

    Where operational requirements permit, the Employer will grant leave with pay to a witness called by an employee who is a party.

C5.04 Meeting During the Grievance Process

  1. Employee Presenting Grievance

    Where operational requirements permit, the Employer will grant to an employee:

    1. where the Employer originates a meeting with the employee who has presented the grievance, leave with pay when the meeting is held in the headquarters area of such employee and on duty status when the meeting is held outside the headquarters area of such employee; and
    2. where an employee who has presented a grievance seeks to meet with the Employer, leave with pay to the employee when the meeting is held in the headquarters area of such employee and leave without pay when the meeting is held outside the headquarters area of such employee.
  2. Employee who Acts as Representative

    Where an employee wishes to represent at a meeting with the Employer, an employee 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 employee and leave without pay when the meeting is held outside the headquarters area of such employee.

  3. Grievance Investigations

    Where an employee has asked or is obliged to be represented by the Institute in relation to the presentation of a grievance and an employee acting on behalf of the Institute wishes to discuss the grievance with that employee, the employee and the representative of the employee 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 employee and leave without pay when it takes place outside the headquarters area of such employee.

C5.05 Contract Negotiations Meetings

Where operation requirements permit, the Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

C5.06 Preparatory Contract Negotiations Meetings

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend preparatory contract negotiations meetings.

C5.07 Meetings Between the Institute and Management

Where operational requirements permit, the Employer will grant leave with pay to an employee who is meeting with management on behalf of the Institute.

C5.08 Institute Official Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to a reasonable number of employees to attend meetings and conventions provided in the constitution and by-laws of the Institute.

C5.09 Representatives' Training Courses

Where operational requirements permit, the Employer will grant leave without pay to employees who exercise the authority of a representation on behalf of the Institute to undertake training related to the duties of a representative.

C5.10 Determination of Leave Status

Where the status of leave requested cannot be determined until the Public Service Labour Relations Board or an adjudicator has given a decision, leave without pay will be granted pending final determination of the appropriate leave status.

Article C6 - Contracting Out

C6.01 The Employer will continue past practice in giving all reasonable consideration to continued employment in the Canadian Food Inspection Agency of employees who would otherwise become redundant because work is contracted out.

Article C7 - Illegal Strikes

C7.01 The Public Service Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including termination of employment, for participation in an illegal strike as defined in the Public Service Labour Relations Act.

Article C8 - Interpretation of Agreement

C8.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or Article in this Agreement, it is desirable that the parties should meet within a reasonable time and seek to resolve the problem. This Article does not prevent an employee from availing himself or herself of the grievance procedure provided in this Agreement.

**Article C9 - Grievance Procedure

C9.01 In cases of alleged misinterpretation or misapplication arising out of Agreements 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 Article C9.

C9.02 The parties recognize the value of informal discussion between employees and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When an employee, within the time limits prescribed in clause C9.12, gives notice that such employee wishes to take advantage of this clause, it is agreed that the period between the initial discussion and the final response shall not count as elapsed time for the purpose of grievance time limits.

C9.03 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the employee and, where appropriate, the Union representative.

Individual Grievances

C9.04 Subject to and as provided in section 208 of the Public Service Labour Relations Act, an employee who feels that he or she has been treated unjustly or considers himself or herself aggrieved by any action or lack of action by the Employer in matters other than those arising from the classification process is entitled to present a grievance in the manner prescribed in clause C9.07 except that:

  1. where there is another administrative procedure provided by or under any Act of Parliament other than the Human Rights Act to deal with the employee's specific complaint, such procedure must be followed, and
  2. where the grievance relates to the interpretation or application of this Agreement or an arbitral award, the employee is not entitled to present the grievance unless he or she has the approval of and is represented by the Union.

C9.05 Except as otherwise provided in this Agreement, a grievance shall be processed by recourse to the following levels:

  1. Level 1 – first (1st) level of management;
  2. Level 2 – intermediate level where such level has been established by the Canadian Food Inspection Agency.
  3. Final Level – President or President's authorized representative.

C9.06 The Employer shall designate a representative at each level in the grievance procedure and shall inform each employee to whom the procedure applies of the name or title of the person so designated together with the name or title and address of the immediate supervisor or local officer-in-charge to whom a grievance is to be presented. This information shall be communicated to employees by means of notices posted by the Employer in places where such notices are most likely to come to the attention of the employees to whom the grievance procedure applies, or otherwise as determined by agreement between the Employer and the Union.

C9.07 An employee who wishes to present a grievance at a prescribed level in the grievance procedure shall transmit this grievance to his or her immediate supervisor or local officer-in-charge who shall forthwith:

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

C9.08 Where 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 date it is delivered to the appropriate office of the Agency. 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 or her grievance at the next higher level shall be calculated from the date on which the Employer's reply was delivered to the address shown on the grievance form.

C9.09 A grievance of an employee shall not be deemed to be invalid by reason only that it is not in accordance with the form supplied by the Employer.

C9.10 An employee may be assisted and/or represented by the Union when presenting a grievance at any level.

C9.11 The Union shall have the right to consult with the Employer with respect to a grievance at each level of the grievance procedure. Where consultation is with the President, the President shall render the decision.

C9.12 An employee may present a grievance to the First Level of the grievance procedure in the manner prescribed in clause C9.07 not later than the thirty-fifth (35th) calendar day after the date on which he or she is notified orally or in writing or on which he or she first becomes aware of the action or circumstances giving rise to the grievance.

**C9.13 The Employer shall normally reply to an employee's grievance, at any level in the grievance procedure, except the Final Level, within fifteen (15) calendar days after the date the grievance is presented at that level. Where such decision or settlement is not satisfactory to the employee, he or she may submit a grievance at the next higher level in the grievance procedure within fifteen (15) calendar days after that decision or settlement has been conveyed to him or her in writing.

**C9.14 If the Employer does not reply within fifteen (15) calendar days from the date that a grievance is presented at any level, except the Final Level, the employee may, within the next fifteen (15) calendar days, submit the grievance at the next higher level of the grievance procedure.

**C9.15 The Employer shall normally reply to an employee's grievance at the Final Level of the grievance procedure within forty (40) calendar days after the grievance is presented at that level.

C9.16 Where an employee has been represented by the Union in the presentation of his or her grievance, the Employer will provide the appropriate representative of the Union 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 employee.

C9.17 The decision given by the Employer at the Final Level in the grievance procedure shall be final and binding upon the employee unless the grievance is a class of grievance that may be referred to adjudication.

C9.18 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 employee and, where applicable, the Union.

C9.19 Where the Employer demotes or terminates an employee for cause pursuant to paragraph 12.(2)(c) or (d) of the Financial Administration Act, the grievance procedure set forth in this Agreement shall apply except that the grievance shall be presented at the Final Level only.

C9.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.

C9.21 An employee 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 the employee was unable to comply with the prescribed time limits due to circumstances beyond his or her control.

C9.22 No person who is employed in a managerial or confidential capacity shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause an employee to abandon his or her grievance or refrain from exercising his or her right to present a grievance as provided in this Agreement.

C9.23 Where an employee has presented a grievance up to and including the Final Level in the grievance procedure with respect to:

  1. the interpretation or application in respect of him or her of a provision of this Agreement or a related arbitral award; or
  2. disciplinary action resulting in suspension or a financial penalty; or
  3. termination of employment or demotion pursuant to paragraph 12.(2)(c) or (d) of the Financial Administration Act;

and the employee's grievance has not been dealt with to his or her satisfaction, he or she may refer the grievance to adjudication in accordance with the provisions of the Public Service Labour Relations Act and Regulations.

C9.24 Where a grievance that may be presented by an employee to adjudication is a grievance relating to the interpretation or application in respect of him or her of a provision of this Agreement or an arbitral award, the employee is not entitled to refer the grievance to adjudication unless the Union signifies in the prescribed manner:

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

C9.25 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 Part 15 of the NJC By-Laws.

Expedited Adjudication

**C9.26 The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:

  1. at the request of either party, a grievance that has been referred to adjudication may be dealt with through Expedited Adjudication with the consent of both parties;
  2. future cases may be identified for this process by either party, subject to the consent of the parties;
  3. when the parties agree that a particular grievance will proceed through Expedited Adjudication, the Bargaining Agent will submit to the Public Service Labour Relations Board (PSLRB) the consent form signed by the grievor or the Bargaining Agent;
  4. 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;
  5. no witnesses will testify;
  6. 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;
  7. each Expedited Adjudication session will take place in Ottawa unless the parties and the PSLRB otherwise agree. The cases will be scheduled jointly by the parties and the PSLRB and will appear on the PSLRB schedule;
  8. **the Adjudicator will make an oral determination at the hearing which will be recorded and initialed by the representatives of the parties. This will be confirmed in a written determination to be issued by the Adjudicator within five (5) calendar days of the hearing. The parties may, at the request of the Adjudicator, vary the above conditions in a particular case; and
  9. 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.

Group Grievance

C9.27

  1. The Union may present to the Employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award.
  2. In order to present a group grievance, the Union must first obtain the written consent of each of the employees concerned.

C9.28 The Union shall transmit the group grievance form to the appropriate person, as identified by the Employer, who shall on receipt of a group grievance:

  1. deliver to the Union a receipt stating the date on which the group grievance was received; and
  2. forward the group grievance to the person whose decision constitutes the appropriate level of the group grievance process.

C9.29 Subject to and as provided in the Public Service Labour Relations Act, the Bargaining Agent may present a group grievance in the manner set out in clause C9.28, except where:

  1. there is another administrative procedure provided by, or under any Act of Parliament, to deal with his or her specific complaint such procedure must be followed, other than the Canadian Human Rights Act; or
  2. an employee has availed himself or herself of a complaint procedure established by a policy of the Employer if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance, that employee may not be included in the group grievance.

C9.30 There shall be no more than a maximum of three (3) steps in the group grievance procedure. The final step shall be the President, Canadian Food Inspection Agency or his delegated representative.

**C9.31 The Union may present the group grievance at the first step of the group grievance process no later than thirty-five (35) calendar days after the Union received notification of any act, omission or other matter giving rise to the group grievance.

**C9.32 The Union may present a group grievance at each succeeding step in the group grievance procedure, beyond the first step either:

  1. **no later than fifteen (15) calendar days after the day on which the decision of the previous level was received; or
  2. **no later than forty (40) calendar days after the expiry of the period within which the decision was required if the Employer has not conveyed a decision to the Union within the time prescribed in clause C9.33.

**C9.33 The Employer shall reply to the Union regarding a group grievance no later than twenty (20) calendar days after the day on which the group grievance was received by the person identified under clause C9.28.

C9.34 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular step of authority, any or all the steps except the final step may be eliminated by agreement of the Employer and the Union.

C9.35 An employee in respect of whom a group grievance has been presented may, at any time, notify the Union that they no longer wish to be involved in the group grievance.

C9.36 The Union may 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.

Policy Grievance

C9.37 The policy grievance process shall consist of one (1) level.

C9.38 Both the Union and the Employer may present a policy grievance to the other in respect of the interpretation or application of the collective agreement as it relates to either of them or to the bargaining unit generally.

C9.39 Neither the Union nor the Employer may present a policy grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act:

  1. despite section C9.39, neither the Employer nor the Bargaining Agent may present a policy grievance in respect of the right to equal pay for work of equal value.

C9.40 Both parties to this agreement shall identify the person authorized to receive a policy grievance, who on receipt of a policy grievance shall:

  1. deliver a receipt to the other party stating the date on which the policy grievance was received; and
  2. shall forward the policy grievance to the person whose decision constitutes the level of the policy grievance process.

**C9.41 A policy grievance may be presented no later than thirty-five (35) calendar days after the earlier of the day on which notification was received and the day on which there was knowledge of any act, omission or other matter giving rise to the policy grievance.

**C9.42 The person whose decision constitutes the level of the policy grievance process shall provide a decision to the other party no later than twenty (20) calendar days after the day on which the policy grievance was received by the person identified under clause C9.40.

C9.43 A policy grievance may be withdrawn at any time.

C9.44 A party that presents a policy grievance may refer it to adjudication, as provided under the Public Service Labour Relations Act.

Article C10 - Joint Consultation

C10.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.

C10.02 The subjects that may be determined as appropriate for joint consultation will be by mutual agreement of the parties and shall include consultation regarding career development. Consultation may be at the local, regional or national level as determined by the parties.

C10.03 Wherever possible, the Employer shall consult with representatives of the Institute at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this Agreement.

C10.04 Joint Consultation Committee Meetings

The Consultation Committees shall be composed of mutually agreeable numbers of employees authorized by the Group Executive, and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.

C10.05 Employees 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.

C10.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.

Article C11 - Standards of Discipline

C11.01 Where written standards of discipline are developed, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.

C11.02 The Employer agrees to consult with the Institute when existing written Standards of Discipline are to be amended. The Employer further agrees to carefully consider and, where appropriate, introduce Institute recommendations on the matter.

C11.03 Where an employee is required to attend a meeting on disciplinary matters the employee is entitled to have a representative of the Institute attend the meeting when the representative is readily available. Where practicable, the employee shall receive a minimum of one (1) working day's notice of such meeting.

C11.04 The Employer agrees not to introduce as evidence in a hearing related to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing.

C11.05 Notice of disciplinary action which may have been placed on the personnel file of an employee shall be destroyed after two (2) years have elapsed since the disciplinary action was taken provided that no further disciplinary action has been recorded during this period.

Article C12 - Employees on Third Party Premises

C12.01 Employees prevented from performing their duties because of a strike or lock-out on the premises of another employer, shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure, so long as work is available, that such employees are appropriately employed elsewhere and that they shall receive the regular pay and benefits to which they would normally be entitled.

Part D - Other Terms and Conditions

**Article D1 - Part-time Employees

D1.01 Definition

Part-time employee means a person whose normal scheduled hours of work are less than thirty-seven and one-half (37½) hours per week, but not less than those prescribed in the Public Service Labour Relations Act.

D1.02 General

Part-time employees shall be entitled to the benefits provided under this Agreement in the same proportion as their normal scheduled weekly hours of work compare with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.

D1.03 The days of rest provisions of this Collective Agreement apply only in a week when a part-time employee has worked five (5) days and minimum of thirty-seven and one-half (37½) hours in a week at the hourly rate of pay.

D1.04 Leave will only be provided:

  1. during those periods in which employees are scheduled to perform their duties; or
  2. where it may displace other leave as prescribed by this Agreement.

D1.05 Designated Holidays

A part-time employee shall not be paid for the designated holidays but shall instead be paid a premium of four point two five (4.25) percent for all straight-time hours worked during the period of part-time employment.

D1.06 When a part-time employee is required to work on a day which is prescribed as a designated paid holiday for a full-time employee in clause B5.01 of this Agreement, the employee shall be paid time and one-half (1½) the hourly rate of pay for all hours worked.

D1.07 "Overtime" means:

  1. in the case of a part-time employee, authorized work in excess of seven and one-half (7½) hours per day or thirty-seven and one-half (37½) hours per week but does not include time worked on a holiday;
  2. in the case of a part-time employee whose normal scheduled hours of work are in excess of seven and one-half (7½) hours per day in accordance with clause D1.13 of this Article, authorized work in excess of those normal scheduled daily hours or an average of thirty-seven and one-half (37½) hours per week.

D1.08 Subject to Article B2-Overtime, a part-time employee who is required to work overtime shall be paid at time and one-half (1½) for the first seven and one-half (7½) hours worked and at double (2) time thereafter.

D1.09 Vacation Leave

A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice (2) the number of hours in the employee's normal work week, at the rate for years of employment established in clause B8.02, prorated and calculated as follows:

  1. when the entitlement is nine decimal three seven five (9.375) hours a month, zero decimal two five zero (0.250) multiplied by the number of hours in the employee's work week per month;
  2. when the entitlement is twelve decimal five zero (12.50) hours a month, zero decimal three three three (0.333) multiplied by the number of hours in the employee's work week per month;
  3. when the entitlement is thirteen decimal seven five (13.75) hours a month, zero decimal three six seven (0.367) multiplied by the number of hours in the employee's work week per month;
  4. when the entitlement is fourteen decimal three seven five (14.375) hours a month, zero decimal three eight three (0.383) multiplied by the number of hours in the employee's work week per month;
  5. when the entitlement is fifteen decimal six two five (15.625) hours a month, zero decimal four one seven (0.417) multiplied by the number of hours in the employee's work week per month;
  6. when the entitlement is sixteen decimal eight seven five (16.875) hours a month, zero decimal four five zero (0.450) multiplied by the number of hours in the employee's work week per month;
  7. when the entitlement is eighteen decimal seven five (18.75) hours a month, zero decimal five zero zero (0.500) multiplied by the number of hours in the employee's work week per month.

SEE APPENDIX "C" FOR VACATION CONVERSION TABLE

D1.10 Sick Leave

A part-time employee shall earn sick leave credits at the rate of one-quarter (¼) of the number of hours in an employee's normal work week for each calendar month in which the employee has received pay for at least twice (2) the number of hours in the employee's normal work week.

D1.11 Vacation and Sick Leave Administration

  1. For the purposes of administration of clauses D1.09 and D1.10, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average calculated on a monthly basis.
  2. An employee whose employment in any month is a combination of both full-time and part-time employment shall not earn vacation or sick leave credits in excess of the entitlement of a full-time employee.

**D1.12 Severance Pay

Notwithstanding the provisions of Article B25-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.

D1.13 Variable Hours of Work

Upon request of an employee and with the concurrence of the Employer, a part-time employee may complete his or her scheduled weekly hours of work in a manner that permits such an employee to work in excess of seven and one-half (7½) hours in any one day provided that over a period of twenty-eight (28) calendar days the part-time employee works an average of his or her scheduled weekly hours of work. As part of this clause, attendance reporting shall be mutually agreed between the employee and the Employer.

**D1.14 For an employee who completes required hours of work pursuant to D1.13, the definition of "daily rate of pay" clause A7.01(e) of Article A7 shall not apply.

Article D2 - Employee Performance Review and Employee Files

D2.01 For the purpose of this Article,

  1. a formal assessment and/or appraisal of an employee's performance means any written assessment and/or appraisal by any supervisor of how well the employee has performed his or her assigned tasks during a specified period in the past;
  2. formal assessment and/or appraisals of employee performance shall be recorded on a form prescribed by the Employer for this purpose.

D2.02

  1. When a formal assessment of an employee's performance is made, the employee concerned must be given an opportunity to sign the assessment form in question upon its completion to indicate that its contents have been read. An employee's signature on his or her assessment form shall be considered to be an indication only that its contents have been read and shall not indicate his or her concurrence with the statements contained on the form. A copy of the employee's assessment form shall be provided to him or her at the time the assessment is signed by the employee.
  2. The Employer's representative(s) who assesses an employee's performance must have observed or been aware of the employee's performance for at least one-half (½) of the period for which the employee's performance is evaluated.
  3. An employee has the right to make written comments to be attached to the performance review form.

D2.03 When an employee disagrees with the assessment and/or appraisal of his or her work, the employee shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.

D2.04 Upon written request of an employee, the personnel file of that employee shall be made available once per year for his or her examination in the presence of an authorized representative of the Employer.

D2.05 When a report pertaining to an employee's performance or conduct is placed on that employee's personnel file, the employee concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.

Article D3 - Employment References

D3.01 On application by an employee, the Employer shall provide personal references to the prospective employer of such employee, indicating length of service, principal duties and responsibilities, and performance of such duties.

Article D4 - Sexual Harassment

D4.01 The Institute and the Employer recognize the right of employees to work in an environment free from sexual harassment and agree that sexual harassment will not be tolerated in the work place.

D4.02

  1. Any level in the grievance procedure shall be waived if a person hearing the grievance is the subject of the complaint.
  2. If by reason of D4.02(a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Article D5 - No Discrimination

D5.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to an employee by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, family status, marital status, mental or physical disability, membership or activity in the Institute or conviction for which a pardon has been granted.

Part E - Pay and Duration

Article E1 - Pay

E1.01 Except as provided herein, the terms and conditions governing the application of pay to employees are not affected by this Agreement.

E1.02 An employee is entitled to be paid for services rendered at:

  1. the pay specified in Appendix "A" for the classification of the position to which such employee is appointed, if the classification coincides with that prescribed in his or her certificate of appointment, or
  2. the pay specified in Appendix "A" for the classification prescribed in the employee's certificate of appointment, if that classification and the classification of the position to which the employee is appointed do not coincide.

E1.03 The rates of pay set forth in Appendix "A" shall become effective on the date specified therein.

E1.04 Rates of Pay

Where the rates of pay set forth in Appendix "A" have an effective date prior to the date of signing of the collective agreement the following shall apply:

  1. "retroactive period" for the purpose of clauses (b) to (e) means the period commencing on the effective date of the retroactive upward revision in rates of pay and ending on the day the collective agreement is signed or when an arbitral award is rendered therefore;
  2. a retroactive upward revision in rates of pay shall apply to employees, former employees or, in case of death, the estates of former employees, who were employees in the bargaining unit during the retroactive period;
  3. rates of pay shall be paid in an amount equal to what would have been paid had the collective agreement been signed or an arbitral award rendered therefore on the effective date of the revision in rates of pay;
  4. in order for former employees or, in the case of death, for former employees' representatives to receive payment in accordance with clause (c), the Employer shall notify by registered mail such individuals at their last known address that they have thirty (30) days from the date or receipt of the registered letter to request in writing such payment, after which time any obligation upon the Employer to provide payment ceases;
  5. no payment or notification shall be made pursuant to clause E1.04 for one dollar ($1.00) or less.

E1.05 Pay Administration

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

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

E1.06 Acting Pay

When an employee is required by the Employer to perform the duties of a higher classification level on an acting basis for a period of at least three (3) consecutive working days, such employee shall be paid acting pay calculated from the date on which the employee commenced to act as if such employee had been appointed to that higher classification level for the period in which such employee acts. When a day designated as a paid holiday occurs during the qualifying period, the holiday shall be considered as a day worked for the purpose of the qualifying period.

E1.07 This Article is subject to the Memorandum of Understanding signed by the Treasury Board and the Professional Institute of the Public Service of Canada dated July 21, 1982, in respect of red-circled employees until such time as the Employer and the Professional Institute of the Public Service of Canada agree to a Canadian Food Inspection Agency approach to red-circling at which time the Treasury Board Memorandum of Understanding shall cease to apply.

**Article E2 - National Joint Council Agreements

E2.01 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, and as amended from time to time, will form part of this Collective Agreement, subject to the Public Service Labour Relations Act (PSLRA) and any legislation enacted 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.

**E2.02 The 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 clause (c) of the NJC Memorandum of Understanding which became effective December 6, 1978 and as amended from time to time.

  1. **The following directives, in which the Institute has opted to participate, as amended from time to time by National Joint Council recommendation and which have been approved by the Canadian Food Inspection Agency, form part of this Collective Agreement:
    1. Bilingualism Bonus Policy
    2. Commuting Assistance Directive
    3. **First Aid to the General Public – Allowance for Employees
    4. **Foreign Service Directives
    5. **Isolated Posts and Government Housing Directive
    6. **NJC Relocation Directive
    7. **Occupational Safety and Health Directive
    8. **Public Service Health Care Plan Directive
    9. **Travel Directive
    10. **Uniforms Directive
  2. During the term of this Collective Agreement, other directives may be added to the above noted list.
  3. Grievances in regard to the above directives shall be filed in accordance with clause C9.25.

Article E3 - Agreement Re-opener

E3.01 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.

**Article E4 - Duration

**E4.01 The duration of this Collective Agreement shall be from the date it is signed to May 31, 2014.

E4.02 Unless otherwise expressly stipulated, the provisions of this Collective Agreement shall become effective on the date it is signed.

Collective Agreement Signed Date
Collective Agreement Signed Date Is: November 29, 2013

Appendix

**Appendix "A" - Annual Rates of Pay (in dollars)

CS - Informatics Group (BUD99519)

CS-01 - Annual Rates of Pay (in dollars)
Effective Date Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8
$ 49261 51118 52975 54819 56660 58502 60340 62181
X - June 1, 2011 50929 52786 54643 56487 58328 60170 62008 63849
A - June 1, 2011 51820 53710 55599 57476 59349 61223 63093 64966
B - June 1, 2012 52597 54516 56433 58338 60239 62141 64039 65940
C - June 1, 2013 53649 55606 57562 59505 61444 63384 65320 67259
CS-02 - Annual Rates of Pay (in dollars)
Effective Date Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10
$ 57238 59216 61207 63193 65187 67177 69165 71155 73142 75130
X - June 1, 2011 59350 61328 63319 65305 67299 69289 71277 73267 75254 77242
A - June 1, 2011 60389 62401 64427 66448 68477 70502 72524 74549 76571 78594
B - June 1, 2012 61295 63337 65393 67445 69504 71560 73612 75667 77720 79773
C - June 1, 2013 62521 64604 66701 68794 70894 72991 75084 77180 79274 81368
CS-03 - Annual Rates of Pay (in dollars)
Effective Date Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10
$ 67340 69881 72426 74952 77481 80008 82539 85068 87595 90123
X - June 1, 2011 69630 72171 74716 77242 79771 82298 84829 87358 89885 92413
A - June 1, 2011 70849 73434 76024 78594 81167 83738 86314 88887 91458 94030
B - June 1, 2012 71912 74536 77164 79773 82385 84994 87609 90220 92830 95440
C - June 1, 2013 73350 76027 78707 81368 84033 86694 89361 92024 94687 97349
CS-04 - Annual Rates of Pay (in dollars)
Effective Date Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10
$ 77255 80170 83070 85967 88866 91759 94660 97560 100460 103358
X - June 1, 2011 79933 82848 85748 88645 91544 94437 97338 100238 103138 106036
A - June 1, 2011 81332 84298 87249 90196 93146 96090 99041 101992 104943 107892
B - June 1, 2012 82552 85562 88558 91549 94543 97531 100527 103522 106517 109510
C - June 1, 2013 84203 87273 90329 93380 96434 99482 102538 105592 108647 111700
CS-05 - Annual Rates of Pay (in dollars)
Effective Date Level 1 Level 2 Level 3 Level 4 Level 5 Level 6 Level 7 Level 8 Level 9 Level 10 Level 11
$ 88562 92173 95788 99396 103002 106612 110222 113824 117428 121035 124641
X -
June 1, 2011
91640 95251 98866 102474 106080 109690 113300 116902 120506 124113 127719
A -
June 1, 2011
93244 96918 100596 104267 107936 111610 115283 118948 122615 126285 129954
B -
June 1, 2012
94643 98372 102105 105831 109555 113284 117012 120732 124454 128179 131903
C -
June 1, 2013
96536 100339 104147 107948 111746 115550 119352 123147 126943 130743 134541

CS – Informatics Group

**Pay Notes

Pay Increment

(1) The pay increment period for all employees shall be twelve (12) months.

(2) The pay increment date for an employee appointed on or after the date of signing of this agreement to a position in the bargaining unit on promotion, demotion or appointment from outside the Public Service, shall be the anniversary date of such appointment.

(3) For employees appointed prior to the date of signing of this agreement, their anniversary date will be the date on which the employee received his or her last pay increment.

**Pay Adjustment

**Effective June 1, 2011 – restructure (roll-in of Terminable Allowance: 100 % at CS-01/-02, 90 % at CS-03/-04/-05)

Economic Increase

**(4) With reference to Appendix "A", an employee shall, on June 1, 2011, be paid in the "A" line at the rate shown immediately below the employee's former rate.

**(5) With reference to Appendix "A", an employee shall, on June 1, 2012, be paid in the "B" line at a rate shown immediately below the employee's former rate.

**(6) With reference to Appendix "A", an employee shall, on June 1, 2013, be paid in the "C" line at the rate shown immediately below the employee's former rate.

(7) Where, in the retroactive period, an employee was paid on initial appointment at a rate of pay above the minimum, or was promoted or transferred and paid at a rate of pay above the rates specified by the regulations for promotion or transfer, the employee shall be paid in the new scale of rates at the rate of pay nearest to but not less than the rate of pay at which the employee was appointed and, at the discretion of the President, may be paid at any rate up to and including the rate shown immediately below the rate the employee was receiving.

**Appendix "B" - Employment Transition Policy

Canadian Food Inspection Agency
Employment Transition Policy Appendix to the Informatics (IN) Group Collective Agreement

General

Application

This Appendix applies to all indeterminate employees within the IN Group bargaining unit represented by the Professional Institute of the Public Service of Canada for whom the Canadian Food Inspection Agency (hereinafter known as the Agency) is the Employer.

Collective Agreement

This Appendix is deemed to form part of this collective agreement between the parties and employees are to be afforded ready access to it.

Notwithstanding the Job Security Article of this collective agreement, in the event of conflict between the present Employment Transition Appendix and that article, the present Employment Transition Appendix will take precedence.

Effective Date

This Appendix is effective on the date of signing.

Policy

It is the policy of the Canadian Food Inspection Agency (CFIA) to maximize employment opportunities for indeterminate employees facing employment transition situations, primarily through ensuring that, wherever possible, alternative employment opportunities are provided to them. This should not be construed as the continuation of a specific position or job but rather as continued employment.

Reasons for the occurrence of employment transition situations include, but are not limited to, expenditure constraints, new legislation, program changes, reorganization, technological change, productivity improvement, elimination or reduction of programs or operations in one or more locations, relocation, and, decentralization. These situations may result in a lack of work or discontinuance of function.

Indeterminate employees whose services will no longer be required because of an employment transition situation and for whom the President knows or can predict employment availability will receive a guarantee of a reasonable job offer within the Agency. Those employees for whom the President cannot provide the guarantee will have access to the transitional employment options as per Part VI.

**Definitions

Accelerated lay-off (mise en disponibilité accélérée) – occurs when a surplus employee makes a request to the President, in writing, to be laid off at an earlier date than that originally scheduled, and the President concurs. Lay-off entitlements begin on the actual date of lay-off.

Affected employee (employé touché) – is an indeterminate employee who has been informed in writing that his or her services may no longer be required because of an employment transition situation.

Agency (Agence) – means the Canadian Food Inspection Agency as defined in Schedule V of the Financial Administration Act and the several positions in or under the jurisdiction of the Canadian Food Inspection Agency for which the Agency has the sole authority to appoint.

Alternation (échange de postes) – occurs when an opting employee (not a surplus employee) who wishes to remain in the Agency exchanges positions with a non-affected employee (the alternate) willing to leave the Agency with a Transition Support Measure or with an Education Allowance.

**Education Allowance (indemnité d'étude) – is one of the options provided to an indeterminate employee affected by a normal employment transition situation for whom the President cannot guarantee a reasonable job offer. The Education Allowance is a cash payment, equivalent to the Transitional Support Measure (see Annex A), plus a reimbursement of tuition from a recognized learning institution, book and mandatory equipment costs, up to a maximum of ten thousand dollars ($10,000.00).

Employment Transition (transition en matière d'emploi) – is a situation that occurs when the President decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work or the discontinuance of a function within the Agency. Such situations may arise for reasons including but not limited to those identified in the Policy section above.

Guarantee of a reasonable job offer (garantie d'une offre d'emploi raisonnable) – is a guarantee of an offer of indeterminate employment within the Agency provided by the President to an indeterminate employee who is affected by an employment transition situation. The President will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom he or she knows or can predict employment availability within the Agency. Surplus employees in receipt of this guarantee will not have access to the Options available in Part VI of this Appendix.

Laid-off person (personne mise en disponibilité) – is a person who has been laid off pursuant to section 13 of the Canadian Food Inspection Agency Act and who still retains a re-appointment priority in accordance with staffing and other related policies of the Canadian Food Inspection Agency.

Lay-off notice (avis de mise en disponibilité) – is a written notice of lay-off to be given to a surplus employee at least one month before the scheduled lay-off date. This notice period is included in the surplus period.

Lay-off priority (priorité de mise en disponibilité) – a person who has been laid off is entitled to a priority for appointment to a position in the Agency for which, in the opinion of the President, he or she is qualified. An appointment of an employee with this priority is excluded from the Agency Staffing Recourse Policy. This priority is accorded for one (1) year following the lay-off date.

Opting employee (employé optant) – is an indeterminate employee whose services will no longer be required as a result of an employment transition situation and who has not received a guarantee of a reasonable job offer from the President and who has one hundred twenty (120) days to consider the Options of Part 6.3 of this Appendix.

Pay (rémunération) – has the same meaning as "rate of pay" in the employee's collective agreement.

President (Président) – has the same meaning as in the definition of "President" set out in section 6 of the Canadian Food Inspection Agency Act, and also means his or her official designate.

Priority administration system (système d'administration des priorités) – is a system designed by the Agency to facilitate appointments of individuals entitled to priority status as a result of the Appendix or other staffing and related policies of the Canadian Food Inspection Agency.

Reasonable job offer (offre d'emploi raisonnable) – is an offer of indeterminate employment within the Agency, normally at an equivalent level but could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's headquarters as defined in the National Joint Council Travel Directive.

Reinstatement priority (priorité de réintegration) – is an appointment priority accorded to certain individuals salary protected under this Appendix for the purpose of assisting such persons to re-attain an appointment level equivalent to that from which they were declared surplus. An appointment of an employee with this priority is excluded from the Agency Staffing Recourse Policy.

Relocation (réinstallation) – is the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty, beyond what, according to local custom, is a normal commuting distance.

Relocation of work unit (réinstallation d'une unité de travail) – is the authorized move of a work unit of any size to a place of duty beyond what, according to local custom, is normal commuting distance from the former work location and from the employee's current residence.

Retraining (recyclage) – is on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the Agency.

Surplus employee (employé excédentaire) – is an indeterminate employee who has been provided a formal written notice declaring them surplus by the President.

Surplus priority (priorité d'employé excédentaire) – is a priority for an appointment accorded to surplus employees to permit them to be appointed to other positions in the Agency. An appointment of an employee with this priority is excluded from the Agency Staffing Recourse Policy.

Surplus status (statut d'employé excédentaire) – An indeterminate employee is in surplus status from the date he or she is declared surplus until the date of lay-off, until he or she is indeterminately appointed to another position, until his or her surplus status is rescinded, or until he or she resigns.

Transition Support Measure (mesure de soutien à la transition) – is one of three options provided to an opting employee for whom the President cannot guarantee a reasonable job offer. The Transition Support Measure is a cash payment based on the opting employee's years of service in the Agency, as per Annex A. Years of service is the combined years of service in the public service immediately prior to appointment to the Agency plus years of service with the Agency.

Twelve-month surplus priority period in which to secure a reasonable job offer (Priorité d'employé excédentaire d'une durée de douze mois pour trouver une offre d'emploi raisonnable) – is one of three options provided to an opting employee for whom the President cannot guarantee a reasonable job offer.

Enquires

Enquiries about this Appendix should be referred to the employee's Bargaining Agent or to the Human Resources Advisor serving the employee's work site. Human Resource Advisors serving the employee's work site may, in turn, direct questions regarding the application of the Appendix to the Labour Relations Division of Human Resource Services of the Agency.

Enquires by employees pertaining to entitlements to a priority for appointment or to their status in relation to the priority appointment process should be directed to the Human Resource Advisor serving the employees' work site.

Part I

Roles and Responsibilities

1.1 Agency

1.1.1 Since indeterminate employees who are affected by employment transition situations are not themselves responsible for such situations, it is the responsibility of the Agency to ensure that they are treated equitably and, wherever possible, given every reasonable opportunity to continue their careers as Agency employees.

1.1.2 The Agency shall carry out effective human resource planning to minimize the impact of employment transition situations on indeterminate employees and on the Agency.

1.1.3 The Agency shall establish joint Union/Management employment transition committees, where appropriate, to consult on employment transition situations within the Agency.

1.1.4 The Agency shall cooperate to the extent possible with other Employers in its efforts to market surplus employees and laid-off persons.

1.1.5 The Agency shall establish systems to facilitate appointments of the Agency's affected employees, surplus employees, and laid-off persons.

1.1.6 When the President determines that the services of an employee are no longer required beyond a specified date due to an employment transition, the President shall provide the employee with a written notification to that effect. Such a communication shall also indicate if the employee:

  1. is being provided a guarantee of a reasonable job offer from the President and that the employee will be in surplus status from that date on; or
  2. is an opting employee and has access to the Options provided in section 6.3 of this Appendix as the employee is not in receipt of a guarantee of a reasonable job offer from the President.

Where applicable, written communication should also provide information relating to the employee's possible lay-off date.

1.1.7 The President will be expected to provide a guarantee of a reasonable job offer to those employees subject to an employment transition situation for whom the President knows or can predict employment availability within the Agency.

1.1.8 Where the President cannot provide a guarantee of a reasonable job offer, the President will provide one hundred twenty (120) days to opting employees to consider the three Options outlined in Part VI of this Appendix before a decision is required of them. If the opting employee fails to select an option no later than the one hundred twentieth (120th) day, the employee will be deemed to have selected Option (a); that is, the Twelve (12) month surplus priority period in which to secure a reasonable job offer.

1.1.9 The President shall make a determination to either provide a guarantee of a reasonable job offer or access to the Options set out in 6.3 of this Appendix, upon request of any indeterminate affected employee who can demonstrate that his or her duties have already ceased to exist.

1.1.10 The Agency shall advise and consult with the Bargaining Agent representatives as completely as possible regarding any employment transition situation as soon as possible after the decision has been made and throughout the process. The Agency will make available to the Bargaining Agent the name and work location of affected employees.

1.1.11 A recommendation will be provided to the President when an employee is not considered suitable for appointment. The Agency shall advise the employee and his or her Bargaining Agent of that recommendation. The Agency shall provide to the employee a copy of the written recommendation provided to the President, indicating the reasons for the recommendation together with any enclosures.  The Agency shall also advise the employee that he or she may make oral or written submissions about the matter to the President prior to a decision being taken. Where the President does not accept the recommendation, he or she shall provide the surplus period required under this Appendix, beginning on the date the employee is advised of the decision.

1.1.12 The President shall decide whether employees are suitable for appointment. Where the President decides that an employee is not suitable, he or she shall advise the employee and his or her representative of the decision as to whether the employee is entitled to a surplus and lay-off priority. The President shall also inform the Bargaining Agent of this decision.

1.1.13 The Agency shall provide an employee with a copy of this Appendix simultaneous with the official notification to an employee to whom this Appendix applies that he or she has become subject to an employment transition situation.

1.1.14 The Agency is responsible for counselling and advising their affected employees on their opportunities of finding continuing employment within the Agency.

1.1.15 The Agency shall apply this Appendix so as to keep actual involuntary lay-offs to a minimum.

1.1.16 Appointment of surplus employees to alternative positions, whether with or without retraining, shall normally be at a level equivalent to that previously held by the employee, but this does not preclude appointment to a lower level. The Agency shall avoid appointment to a lower level except where all other avenues have been exhausted.

1.1.17 The Agency shall appoint as many of their own surplus employees or laid-off persons as possible, or identify alternative positions (both actual and anticipated) for which individuals can be retrained.

1.1.18 Relocation of surplus employees or laid-off persons shall be undertaken to enable their appointment to an alternate position, providing that:

  1. there are not available priority persons, who are qualified and interested in the position being filled; or
  2. there are no available local surplus employees or laid-off persons who are interested and who could qualify with retraining.

1.1.19 The cost of travelling to interviews for possible appointments within the Agency and of relocation to a new location shall be borne by the Agency. Such costs shall be consistent with the NJC Travel and Relocation Directives, as amended from time to time.

1.1.20 For the purposes of the NJC Relocation Directive, surplus employees and laid-off persons who relocate under this Appendix shall be deemed to be employees on Employer-requested relocations. The general rule on minimum distances for relocation applies.

1.1.21 For the purposes of the NJC Travel Directive, laid-off persons travelling to interviews for possible appointment within the Agency are deemed to be "other persons travelling on Agency business".

1.1.22 The Agency shall protect the indeterminate status and surplus priority of a surplus indeterminate employee appointed to a term position under this Appendix.

1.1.23 The Agency shall review the use of private temporary personnel, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, the Agency shall not re-engage such temporary personnel nor renew the employment of such employees referred to above where such action would facilitate the appointment of surplus employees or laid-off persons.

1.1.24 Nothing in this Appendix shall restrict the Employer's right to engage or appoint persons to meet short-term, non-recurring requirements.

1.1.25 The President may authorize the accelerated lay-off of an employee at a date earlier than originally scheduled when a surplus employee makes such a request in writing.

1.1.26 The Agency shall provide surplus employees with a lay-off notice at least one month before the proposed lay-off date, if appointment efforts have been unsuccessful.

1.1.27 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one month following the refusal, but not before six months after the surplus declaration date.

1.1.28 The Agency will presume that each employee wishes to be appointed to an alternative position unless the employee indicates the contrary in writing.

1.1.29 The Agency shall inform and counsel affected and surplus employees as early and as completely as possible and shall, in addition, assign a counsellor to each opting and surplus employee and laid-off person to work with them throughout the process. Such counselling is to include explanations and assistance concerning such issues as the following:

  1. the employment transition situation and its effect on that individual;
  2. the employment transition Appendix;
  3. the Agency's Priority Administration System and how it works from the employee's perspective (referrals, interviews or boards, feedback to the employee, follow-up by the Agency, how the employee can obtain job information and prepare for an interview, etc.);
  4. preparation of a curriculum vitae or resumé;
  5. the employees' rights and obligations;
  6. the employee's current situation (e.g. pay, benefits such as severance pay and superannuation, classification, language rights, years of service);
  7. alternatives or opportunities that might be available to the employee (alternation, appointment, relocation, retraining, lower-level employment, term employment, retirement including possibility of waiver of penalty if entitled to an annual allowance, Transition Support Measure, Education Allowance, pay-in-lieu of unfulfilled surplus period, resignation, accelerated lay-off);
  8. the meaning of a guarantee of reasonable job offer, a Twelve (12) month surplus priority period in which to secure a reasonable job offer, a Transition Support Measure, and Education Allowance;
  9. repeat counselling as long as the individual is entitled to a staffing priority and has not been appointed;
  10. the Employment and Social Development Canada Centres and their services (including a recommendation that the employee register with the nearest office as soon as possible);
  11. preparation for interviews with prospective Employers; and
  12. advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity.

1.1.30 The Agency shall ensure that, when it is required to facilitate appointment, a retraining plan is prepared and agreed to in writing by the employee and the appropriate manager.

1.1.31 Any surplus employee who resigns under this Appendix shall be deemed, for the purposes of severance pay and retroactive remuneration, to be laid-off on the day the President accepts the employee's resignation in writing.

1.1.32 Severance pay and other benefits flowing from other clauses in collective agreements are separate from, and in addition to, those in this Appendix.

1.1.33 The Agency shall establish and modify staffing policies and procedures to ensure the most effective and efficient means of maximizing the appointment of surplus employees and laid-off persons.

1.1.34 The President shall temporarily restrict or suspend any authority delegated to managers to make appointments in specified occupational groups when the President determines such action is necessary.

1.1.35 The Agency shall actively market surplus employees and laid-off persons to all appropriate managers unless the individuals have advised the President in writing that they are not available for appointment.

1.1.36 The Agency shall determine, to the extent possible, the occupations for which there are skill shortages for which employees or laid-off persons could be retrained.

1.1.37 The Agency shall provide information directly to the Bargaining Agent on the numbers and status of their members who are in the Agency Priority Administration System, through reports to the Professional Institute of the Public Service of Canada.

1.1.38 The Agency shall, wherever possible, ensure that reinstatement priority is given to all employees who are subject to salary protection as a result of action taken pursuant to this Appendix.

1.1.39

  1. For the priority period, in cases where an offer of indeterminate employment is provided to a surplus or laid-off employee by a cooperating Employer (paragraph 1.1.4), the payment of salary costs and other authorized costs such as tuition, travel, relocation and retraining for surplus employees and laid-off persons, as provided for in the various collective agreements and directives, all authorized costs of termination, and salary protection upon lower level appointment shall be regulated by the relevant cooperating Employer agreement in effect between the Agency and a cooperating Employer.
  2. The relevant agreement establishing the cooperating Employer relationship between the Agency and a cooperating Employer will apply to the payment of the costs listed in 1.1.39(a) in situations where a surplus employee is appointed by a cooperating Employer to a term position and the cooperating Employer will become the official Employer no later than one (1) year from the date of such an appointment.

1.1.40 The Agency is responsible for making the appropriate referrals and may recommend retraining where it would facilitate appointment.

1.1.41 The Agency shall inform, in a routine and timely manner, a surplus employee or laid-off person, and a representative of his or her Bargaining Agent, when he or she has been referred for consideration but will not be offered the position. The Agency shall include full details of why he or she will not be appointed to or retrained for that position.

1.2Employees

1.2.1 Employees have the right to be represented by their Bargaining Agent in the application of this Appendix.

1.2.2 Employees who are directly affected by employment transition situations and who receive a guarantee of a reasonable job offer, or who opt, or are deemed to have opted, for Option (a) of Part VI of this Appendix are responsible for:

  1. actively seeking alternative employment in co-operation with the Agency, unless they have advised the Agency, in writing, that they are not available for appointment either at all or subject to limitations detailed in the employee's response;
  2. seeking information regarding their entitlements and obligations;
  3. providing accurate and current information to the Agency, in a timely fashion, to assist in appointment activities (including curriculum vitae or resumés);
  4. ensuring that they can be easily contacted by the Agency;
  5. ensuring they attend appointments related to referrals;
  6. seriously considering employment opportunities within the Agency presented to them including but not limited to retraining and relocation possibilities, specified period appointments and lower-level appointments.

1.2.3 Opting employees are responsible for:

  1. considering the Options outlined in Part VI of this Appendix;
  2. communicating their choice of Options, in writing, to their manager no later than one hundred twenty (120) days after being declared opting.

Part II

Official Notification

2.1 In any employment transition situation which is likely to involve ten (10) or more indeterminate employees covered by this Appendix, the President shall inform, in writing and in confidence, the President of the Professional Institute of the Public Service of Canada or their delegate not less than forty-eight (48) hours before any employment transition situation is announced. This information is to include the identity and location of the work unit(s) involved; the expected date of the announcement; the anticipated timing of the situation; and the numbers of employees, by group and level, who will be affected.

Part III

Relocation of work unit

3.1 General

3.1.1 In cases where a work unit is to be relocated, the Agency shall provide all employees whose positions are to be relocated with the opportunity to choose whether they wish to move with the position or be treated as if they were subject to an employment transition situation.

3.1.2 Following written notification, employees must indicate, within a period of three (3) months, their intention to move. If the employee's intention is not to move with the relocated position, the President can either provide the employee with a guarantee of a reasonable job offer or access to the options set out in section 6.3 of this Appendix.

3.1.3 Employees relocating with their work units shall be treated in accordance with the provisions of 1.1.18 to 1.1.20.

3.1.4 Although the Agency will endeavour to respect employee location preferences, nothing precludes the Agency from offering the relocated position to employees in receipt of a guarantee of a reasonable job offer, after having spent as much time as operations permit looking for a reasonable job offer in the employee's location preference area.

3.1.5 Employees who are not in receipt of a guarantee of a reasonable job offer shall become opting employees and have access to the Options set out in Part VI of this Appendix.

Part IV

Retraining

4.1 General

4.1.1 To facilitate the appointment of affected employees, surplus employees and laid-off persons, the Agency shall make every reasonable effort to retrain such persons for:

  1. existing vacancies, or
  2. anticipated vacancies identified by management.

4.1.2 The Agency shall be responsible for identifying situations where retraining can facilitate the appointment of surplus employees and laid-off persons; however, this does not preclude the employee's obligation to assist in his or her own marketing and the identification of employment options including but not limited to retraining possibilities.

4.1.3 Subject to the provisions of 4.1.2, the President shall approve up to two (2) years of training.

4.2 Surplus employees

4.2.1 A surplus employee is eligible for retraining providing:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position or will enable the individual to qualify for anticipated vacancies in occupations or locations where there is a shortage of qualified candidates; and
  2. there are no other available priority persons who qualify for the position.

4.2.2 The Agency is responsible for ensuring that an appropriate retraining plan is prepared and is agreed to in writing by the employee and the appropriate manager.

4.2.3 Once a retraining plan has been initiated, its continuation and completion are subject to the ongoing successful performance by the employee at a learning institution or ongoing satisfactory performance if the training is "on-the-job".

4.2.4 While on retraining, a surplus employee continues to be employed by the Agency and is entitled to be paid in accordance with his or her current appointment.

4.2.5 When a training plan has been approved, the proposed lay-off date shall be extended to the end of the retraining period, subject to 4.2.3.

4.2.6 An employee, unsuccessful in retraining, may be laid-off at the end of the surplus period, provided that the Employer has been unsuccessful in making the employee a reasonable job offer.

4.3 Laid-off persons

4.3.1 Subject to the President's approval, a laid-off person shall be offered retraining, providing:

  1. retraining is needed to facilitate the appointment of the individual to a specific vacant position;
  2. the individual meets the minimum requirements for appointment to the group concerned;
  3. there are no other available persons with a priority who qualify for the position; and
  4. the Agency cannot justify a decision not to retrain the individual.

4.3.2 When an individual is made an offer conditional on the successful completion of retraining, a retraining plan reviewed by the President shall be included in the letter of conditional offer. If the individual accepts the conditional offer, upon successful completion of retraining, he or she will be appointed on an indeterminate basis to that position. When an individual accepts an appointment to a position with a lower maximum rate of pay than the position from which he or she was laid-off, the employee will be salary protected in accordance with Part V.

Part V

Salary Protection

5.1 Lower-level position

5.1.1 Surplus employees and laid-off persons appointed to a lower-level position under this Appendix shall have their salary and pay equity equalization payments, if any, protected in accordance with the salary protection provisions of this collective agreement, or, in the absence of such provisions, the appropriate provisions of the Agency's Policy respecting Pay on Reclassification or Conversion.

5.1.2 Employees whose salary is protected pursuant to section 5.1.1 will continue to benefit from salary protection until such time as they are appointed into a position with a maximum rate of pay that is equal to or higher than the maximum rate of pay of the position from which they were declared surplus or laid-off.

Part VI

Options for employees

6.1 General

6.1.1 The President will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom he or she knows or can predict employment availability. Employees in receipt of this guarantee would not have access to the choice of Options below.

6.1.2 Employees who are not in receipt of a guarantee of a reasonable job offer from the President have one hundred twenty (120) days from the date they receive written notice that they are an opting employee to consider and decide among the three (3) Options below.

6.1.3 The opting employee must choose, in writing, one of the three (3) Options of section 6.3 of this Appendix within the one hundred twenty (120) day opting period.  The employee cannot change Options once having made a written choice.

6.1.4 If the employee fails to select an Option within the one hundred twenty (120) day window as specified in paragraph 6.1.2, the employee will be deemed to have selected Option (a), the Twelve (12) month surplus priority period in which to secure a reasonable job offer.

6.1.5 If a reasonable job offer which does not require a relocation is made at any time during the one hundred twenty (120) day opting period and prior to the written acceptance of either the Twelve (12) Month Surplus Priority Period, the Transition Support Measure (TSM) or the Education Allowance Option, the employee becomes ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the Education Allowance.

6.2 Alternation

6.2.1 The Agency will participate in an alternation process.

6.2.2 An alternation occurs when an opting employee who wishes to remain in the Agency exchanges positions with a non-affected employee (the alternate) willing to leave the Agency under the terms of paragraph 6.3.1 (b) or (c) in Part VI of this Appendix.

6.2.3 Subject to paragraph 6.2.2, only an opting employee, not a surplus employee, may alternate into an indeterminate position that remains within the Agency.

6.2.4 An indeterminate employee wishing to leave the Agency may express an interest in alternating with an opting employee. Management will decide, however, whether a proposed alternation will result in retaining the skills required to meet the ongoing needs of the position and the Agency.

6.2.5 An alternation must permanently eliminate a function or a position.

6.2.6 The opting employee moving into the unaffected position must meet the requirements of the position, including language requirements.  The alternate moving into the opting position must meet the requirements of the position, except if the alternate will not be performing the duties of the position and the alternate will be struck off strength within five (5) days of the alternation.

6.2.7 An alternation should normally occur between employees at the same group and level.  When the two positions are not the same group and level, alternation can still occur when the positions can be considered equivalent.  They are considered equivalent when the maximum rate of pay for the higher paid position is no more than six percent (6%) higher than the maximum rate of pay for the lower paid position.

6.2.8 An alternation must occur on a given date.  The two employees involved directly exchange positions on that given date.  There is no provision in alternation for a "domino" effect or for "future considerations".

**6.3 Options

**6.3.1 Only opting employees will have access to the choice of Options below:

  1. Twelve (12) month surplus priority period in which to secure a reasonable job offer is time-limited. Should a reasonable job offer not be made within a period of twelve (12) months, the employee will be laid off. Employees who choose or are deemed to have chosen this Option are surplus employees.

    When a surplus employee who has chosen, or is deemed to have chosen, Option (a) offers to resign before the end of the twelve (12) month surplus priority period, the President may authorize a lump-sum payment equal to the surplus employee's regular pay for the balance of the surplus period, up to a maximum of six (6) months. The amount of the lump sum payment for the pay in lieu cannot exceed the maximum of that which he or she would have received had he or she chosen Option (b) – The Transition Support Measure.

    The Agency will make every reasonable effort to market a surplus employee within the employee's surplus period and within his or her preferred area of mobility, or

  2. Transition Support Measure (TSM) is a cash payment based on the employee's combined years of service with the Agency (see Annex A) made to an opting employee. Years of service is the combined years of service in the public service immediately prior to appointment to the Agency plus years of service with the Agency.

    Employees choosing this Option must resign but will be considered to be laid-off for purposes of severance pay, or

  3. **Education Allowance is a Transitional Support Measure (see Option (b) above) plus an amount of not more than ten thousand dollars ($10,000.00) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and mandatory equipment. Employees choosing Option (c) could either:
    1. resign from the Agency but be considered to be laid-off for severance pay purposes on the date of their departure; or
    2. delay their departure date and go on leave without pay for a maximum period of two (2) years, while attending the learning institution. The TSM shall be paid in one (1) or two (2) lump-sum amounts over a maximum (2) two-year period. During this period, employees could continue to be public service benefit plan members and contribute both Employer and employee shares to the benefits plans and the Public Service Superannuation Plan. At the end of the two (2) year leave-without-pay period, unless the employee has found alternate employment in the Agency, the employee will be laid off.

6.3.2 Management will establish the departure date of opting employees who choose Option (b) or Option (c) above.

6.3.3 The TSM, pay in lieu of unfulfilled surplus period and the Education Allowance cannot be combined with any other payment under the Employment Transition Policy.

6.3.4 In the cases of pay in lieu of unfulfilled surplus period, Option (b) or Option (c)(i), the employee relinquishes any priority rights for appointment upon acceptance of his or her resignation.

6.3.5 Employees choosing Option (c)(ii) who have not provided the Agency with a proof of registration from a learning institution twelve (12) months after starting their leave without pay period will be deemed to have resigned from the Agency, and be considered to be laid-off for purposes of severance pay.

6.3.6 Opting employees who choose Option (b) or Option (c) above will be entitled to up to four hundred dollars ($400.00) for receipted expenses incurred in obtaining financial planning advice.

6.3.7 An opting employee who has received pay in lieu of unfulfilled surplus period, a TSM or an Education Allowance and is re-appointed to that portion of the public service of Canada specified from time to time in Schedule I, Part I or II of the Public Service Labour Relations Act shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such re-appointment or hiring, to the end of the original period for which the TSM or Education Allowance was paid.

6.3.8 The President shall ensure that pay in lieu of unfulfilled surplus period is only authorized where the employee's work can be discontinued on the resignation date and no additional costs will be incurred in having the work done in any other way during the unfulfilled surplus period.

6.3.9 If a surplus employee who has chosen, or is deemed to have chosen, Option (a) refuses a reasonable job offer at any time during the twelve (12) month surplus priority period, the employee is ineligible for pay in lieu of unfulfilled surplus period.

6.3.10 Approval of pay in lieu of unfulfilled surplus period is at the discretion of management, but shall not be unreasonably denied.

6.4 Retention payment

6.4.1 There are two situations in which an employee may be eligible to receive a retention payment. These are total facility closures and relocation of work units.

6.4.2 All employees accepting retention payments must agree to leave the Agency without priority rights.

6.4.3 An individual who has received a retention payment and, as applicable, is either re-appointed to that portion of the Public Service of Canada specified from time to time in Schedule I, Part I or II of the Public Service Labour Relations Act, or is hired by the new employer within the six (6) months immediately following his or her resignation, shall reimburse the Receiver General for Canada by an amount corresponding to the period from the effective date of such re-appointment or hiring, to the end of the original period for which the lump sum was paid.

6.4.4 The provisions of 6.4.5 shall apply in total facility closures where Agency jobs are to cease, and:

  1. such jobs are in remote areas of the country, or
  2. retraining and relocation costs are prohibitive, or
  3. prospects of reasonable alternative local employment (whether within or outside the Agency) are poor.

6.4.5 Subject to 6.4.4, the President shall pay to each employee who is asked to remain until closure of the work unit and offers a resignation from the Agency to take effect on that closure date, a sum equivalent to six (6) months' pay payable upon the day on which the Agency operation ceases, provided the employee has not separated prematurely.

6.4.6 The provisions of 6.4.7 shall apply in relocation of work units where Agency work units:

  1. are being relocated, and
  2. when the President decides that, in comparison to other options, it is preferable that certain employees be encouraged to stay in their jobs until the day of workplace relocation, and
  3. where the employee has opted not to relocate with the function.

6.4.7 Subject to 6.4.6, the President shall pay to each employee who is asked to remain until the relocation of the work unit and offers a resignation from the Agency to take effect on the relocation date, a sum equivalent to six (6) months' pay payable upon the day on which the Agency operation relocates, provided the employee has not separated prematurely.

Annex A

Years of Service Transition Support Measure (TSM)
0 10
1 22
2 24
3 26
4 28
5 30
6 32
7 34
8 36
9 38
10 40
11 42
12 44
13 46
14 48
15 50
16 52
17 52
18 52
19 52
20 52
21 52
22 52
23 52
24 52
25 52
26 52
27 52
28 52
29 52
30 49
31 46
32 43
33 40
34 37
35 34
36 31
37 28
38 25
39 22
40 19
41 16
42 13
43 10
44 07
45 04

For indeterminate seasonal and part-time employees, the TSM will be pro-rated in the same manner as severance pay under the terms of the collective agreement.

Severance pay provisions of the collective agreements are in addition to the TSM.

Appendix "C" - Vacation Conversion Chart

Vacation Conversion Table
Annual Days Annual Hours Days per Month Monthly Hours
15 112.5 1 ¼ 9.375
20 150 1 2/3 12.5
22 165 1 5/6 13.75
23 172.5 1 11/12 14.375
25 187.5 2 1/12 15.625
27 202.5 2 ¼ 16.875
30 225 2 ½ 18.75

Appendix "D" - Memorandum of Understanding Regarding Red-circling

A. General

  1. This Memorandum of Understanding sets out conditions of employment respecting pay upon reclassification for all employees whose Bargaining Agent is the Professional Institute of the Public Service of Canada.
  2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
  3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
  4. Where the provisions of any collective agreement differ from those set out in the Memorandum of Understanding, the conditions set out in the Memorandum of Understanding shall prevail.
  5. This Memorandum of Understanding will form part of all collective agreements to which the Professional Institute of the Public Service of Canada and Treasury Board are parties, will effect from December 12, 1981.
Part I

Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective. NOTE: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.

  1. Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.
  2. Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to Section 3(b) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Determination of the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
    1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
    2. In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.
  3. Employees subject to Section 3, will be considered to have transferred (as defined in the Public Service Terms and Conditions of Employment
    Regulations) for the purpose of determining increment dates and rates of pay.
Part II

Part II of this Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.

  1. An employee whose position has been downgraded prior to the implementation of this memorandum and is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at the rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump sum payment equal to 100 per cent of the economic increase for the employee's former group and level (or where a performance pay plan applied to the incumbent, the adjustment to the attainable maximum rate of pay) calculated on his annual rate of pay.
  2. An employee who is paid at a holding rate on the effective date of an economic increase, but who is removed from that holding rate prior to the effective date of a further economic increase by an amount less than he would have received by the application of paragraph 1 of Part II, shall receive a lump sum payment equal to the difference between the amount equal to the difference between the amount calculated by the application of paragraph 1 of Part II and any increase in pay resulting from his removal from the holding rate.

**Appendix "E" - Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with Respect to Implementation of the Collective Agreement

This memorandum is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada in respect of the implementation period of the collective agreement.

The provisions of this collective agreement shall be implemented by the parties within a period of one hundred twenty (120) days from the date of signing.

This Memorandum of Understanding shall be in force and effect from the date of signing of this collective agreement until May 31, 2014.

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