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Collective Agreement between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the Scientific and Analytical (S&A) Group Bargaining Unit

Table of contents

Note

*Asterisks denote consequential renumbering

**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 employees and the Institute, 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 units 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 October 27, 1997 and subsequently amended by said Board on April 20, 1999 and December 22, 1999 covering employees of the Scientific & Analytical (S&A) Bargaining Unit.

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 Federal Public Sector 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.

A6.02 Employees shall have the right to express themselves on science and their research, while respecting the Values and Ethics Code for the Public Sector adopted on April 2, 2012 without being designated as an official media spokesperson.

Article A7 – Interpretation and definitions

A7.01 For the purpose of this Agreement:

  1. "bargaining unit" means the employees of the Employer in one of the groups described in Article A2 – Recognition; (unité 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 payment for overtime, travelling time compensated at an overtime rate, call-back, and standby; (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 position other than by reason of his being on leave; (jour de repos)
  7. "designated paid holiday" means the twenty-four (24) hour period commencing at 00:01 hour 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 Federal Public Sector 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; (région du lieu d'affectation)
  12. "hourly rate of pay" means a full-time employee's weekly rate of pay divided by thirty-seven decimal five (37.5); (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 the employee in excess of such employee's daily hours of work; (heures supplémentaires)
  18. "spouse" will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives; (époux)
  19. "time and one-half" means one decimal five (1.5) times the employee's hourly rate of pay; (tarif et demi)
    and
  20. "weekly rate of pay" means an employee's annual rate of pay divided by fifty-two decimal 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 Federal Public Sector Labour Relations Act, have the same meaning as given to them in the Federal Public Sector Labour Relations Act,

    and

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

Article A8 – Publications and authorship

A8.01 For the purpose of this Article: "Publication" shall include, for example, scientific and professional papers, articles, manuscripts, monographs, audio and visual products, and computer software.

A8.02 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.

A8.03 The Employer agrees that publications prepared by an employee, within the scope of his employment, will be retained on appropriate Agency files for the normal life of such files. The Employer will not unreasonably withhold permission for publication. At the Employer's discretion, recognition of authorship will be given where practicable in Agency publications.

A8.04 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.

A8.05

  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 reason(s), if requested by the employee.
  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

This Article does not apply to the following:

B1.01 General

For the purpose of this Article, a week shall consist of seven (7) consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours Sunday. The day is a twenty-four (24) hour period commencing at 00:01 hours.

B1.02 Normal Work Week

The scheduled work week shall be thirty-seven decimal five (37.5) hours and the scheduled work day shall be seven decimal five (7.5) consecutive hours, exclusive of a meal period, between the hours of 06:00 and 18:00. The normal work week shall be Monday to Friday inclusive.

B1.03 Flexible Hours

Upon the request of an employee and the concurrence of the Employer, an employee may work flexible hours on a daily basis so long as the daily hours amount to seven decimal five (7.5).

B1.04 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.

B1.05 Monthly Attendance Registers

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

B1.06 Compressed Work Week

Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete their weekly hours of employment in a period of other than five (5) full days provided that over a period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every twenty-eight (28) day period such an employee shall be granted days of rest on such days as are not scheduled as a normal work day for such employee.

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.

B1.07 When operational requirements permit, two (2) rest periods of fifteen (15) minutes each shall be provided during each normal work day.

Article B2 – Shift work

B2.01

  1. "Shift Schedule" means the arrangement of shifts over a given period of time not exceeding two (2) consecutive months and includes days of rest and designated paid holidays;
  2. for employees engaged in shift work, the hours of work shall average thirty-seven decimal five (37.5) hours per week and seven decimal five (7.5) consecutive hours per day over the period of the shift schedule;
  3. an employee shall be granted an average of two (2) consecutive days of rest per week over the period of a shift schedule.

B2.02 For the purpose of this Agreement when an employee's shift does not commence and end on the same day, such shift shall be deemed for all purposes to have been entirely worked;

  1. on the day it commenced where half (1⁄2) or more of the hours worked fall on that day;
    or
  2. on the day it terminates where more than half (1⁄2) of the hours worked fall on that day.

Accordingly, the first day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is considered to have worked his last scheduled shift; and the second day of rest will start immediately after midnight of the employee's first day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

B2.03 In the scheduling of shift work the Employer shall arrange shifts so that:

  1. employees shall rotate through the various shifts in such a manner that the requirements of working night shifts, evening shifts and weekends will be shared on an equitable basis among readily available qualified employees, to the extent that operational requirements will permit, by all employees covered by the shift schedules;
  2. an employee's shift shall not be scheduled to commence within fifteen (15) hours of the completion of the employee's previous shift.

B2.04

  1. every reasonable effort shall be made by the Employer to consider the wishes of the employee concerned in the arrangement of shifts within a shift schedule. In order to help in the consideration of the wishes of the employees concerned, a provisional shift schedule shall be prepared by the Employer and shall be posted at least twenty-eight (28) calendar days in advance. A final shift schedule shall be posted seven (7) calendar days prior to the commencement of the schedule.
  2. notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours under this Article 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.

B2.05 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.

B2.06

  1. An employee who is required to change his scheduled shift without receiving at least forty-eight (48) hours' notice in advance of the starting time of such change in their scheduled shift shall be paid for the first shift worked on the revised schedule at the rate of time decimal five (1.5). Subsequent shifts worked on the revised schedule shall be paid for at the hourly rate of pay.
  2. Notwithstanding B2.06 (a) when an employee requests and the Employer agrees to change the employee shift schedule, the employee shall be paid at the straight-time hourly rate of pay for the work performed on the first shift of the revised shift schedule.

B2.07 A specified meal period shall be scheduled as close to the mid-point of the shift as possible. However, the meal period may be staggered for employees on continuous operations.

B2.08 Certain continuous operations may require some employees being on the job for the full shift. In these operations, such employees will be paid for the one-half (1⁄2) hour meal period, worked, at the applicable rate, if they are unable to leave the work place for a meal break.

B2.09 Employee will submit monthly attendance registers; only hours of overtime and absences need to be specified.

B2.10 Shift Premium

An employee shall receive a shift premium of two dollars ($2.00) per hour for all hours worked, including overtime hours worked, on regularly scheduled shifts in which at least half (1⁄2) of the hours are scheduled between 18:00 and 06:00 hours.

B2.11 Weekend Premium

  1. Employees 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 B2.11 (b).
  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 B3 – Special hours of work provisions – SE Group

This Article does not apply to an SE Group employee covered by Article B1 – Hours of Work.

B3.01

  1. The conduct of scientific research requires an adaptable research environment. Accordingly, every reasonable effort will be made to maintain a research environment where working hours can be arranged to meet the needs of research programs.
  2. The normal work year, subject to the leave provisions of this Agreement, shall be nineteen hundred and fifty (1950) hours. The normal work year shall be from April 1st to March 31st of the following calendar year, inclusive. Subject to the approval of the Employer, the hours of work shall be arranged to suit an employee's individual research project(s).

B3.02 Employees will submit monthly attendance registers; only absences need be specified.

Article B4 – Overtime

This Article does not apply to the following:

B4.01 When an employee is required by the Employer to work overtime they shall be compensated as follows:

  1. on the employee's normal work day, at the rate of time and one-half (11⁄2) for the first seven decimal five (7.5) overtime hours worked, and double (2) time thereafter;
  2. on the employee's first day of rest, at time decimal five (1.5) for the first seven decimal five (7.5) overtime hours worked and double (2) time thereafter;
    1. on the employee's second or subsequent day of rest, at double (2) time for each hour of overtime worked. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;
    2. notwithstanding clause (c) (i) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time decimal five (1.5) for the first day worked;
    1. on a designated holiday, compensation shall be granted on the basis of time decimal five (1.5) for the first seven decimal five (7.5) hours worked, and double time (2) thereafter, in addition to the compensation that such employee would have been granted had such employee not worked on the designated holiday;

      or

    2. when an employee works on a holiday, contiguous to a second day of rest on which such employee also worked and received overtime in accordance with clause B4.01 (c) (d) such employee shall be paid in addition to the pay that such employee would have been granted had such employee not worked on the holiday, two (2) times such employee's hourly rate of pay for all time worked.

B4.02 All calculations for overtime shall be based on each completed period of fifteen (15) minutes.

B4.03 Except in cases of emergency, call-back, standby or mutual agreement the Employer shall whenever possible give at least twelve (12) hours' notice of any requirement for the performance of overtime.

B4.04 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 for which the employee requests payment.

B4.05

  1. An employee who works three (3) or more hours of overtime immediately before or immediately following such employee's scheduled hours of work shall be reimbursed for one (1) meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided. Reasonable time with pay to be determined by the Employer shall be allowed to the employee in order to take a meal either at or adjacent to such employee's place of work.
  2. When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, such employee shall be reimbursed for one (1) additional meal in the amount of ten dollars and fifty cents ($10.50) except where free meals are provided. Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order that such employee may take a meal break either at or adjacent to such employee's place of work.
  3. Clause B4.05 (a) and (b) shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

Article B5 – Call-back

This Article does not apply to the following:

B5.01

  1. When an employee is called back to work or when an employee who is on standby duty is called back to work by the Employer any time outside such employee's normal working hours, such employee shall be entitled to the greater of:
    1. a minimum of three (3) hours' pay at the applicable overtime rate,

      or

    2. compensation at the applicable overtime rate for each hour worked.

B5.02 Where an employee completes a call-back requirement without leaving the location at which the employee was contacted, the minimum of three (3) hours provided in B5.01 (a) (i) shall be replaced by a minimum of one (1) hour which shall apply only once in respect of each one (1) hour period.

B5.03 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 for which the employee requests payment.

B5.04 No Pyramiding of Payments

Payments provided under the Overtime, Designated Paid Holiday and Standby provisions of this collective agreement and clause B5.01 of this Article shall not be pyramided; that is, an employee shall not receive more than one compensation for the same service.

B5.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by the employee reporting to work or returning to his residence shall not constitute time worked.

B5.06 When an employee is called back to work under the conditions described in clause B5.01 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 own automobile; or
  2. out-of-pocket expenses for other means of commercial transportation

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

Article B6 – Standby

This Article does not apply to the following:

B6.01 When the Employer requires an employee to be available on standby during off-duty hours an employee shall be compensated at the rate of one-half (1⁄2) hour for each four (4) hour period or portion thereof for which such employee has been designated as being on standby duty.

B6.02 An employee on standby who is called in to work by the Employer and who reports for work shall be compensated in accordance with Article B5 – Call-Back.

B6.03

  1. An employee required to be on standby duty shall be available during his period of standby at a known telephone number and be able to return for duty as quickly as possible if called. The Employer will normally supply an electronic communications device or cellular telephone to an employee designated for standby duty.
  2. Where an employee who is supplied by the Employer with an electronic communications device or cellular telephone is not required to be available to respond to contacts, the employee is not deemed to be on standby duty.

B6.04 No standby duty payment shall be granted if any employee is unable to report for duty when required.

B6.05 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than an employee's normal place of work, time spent by the employee reporting to work or returning to his residence shall not constitute time worked.

B6.06 No Pyramiding of Payments

Payments provided under the Overtime, Designated Paid Holidays and Call-Back Pay provisions of this collective agreement and clause B6.02 of this Article shall not be pyramided; that is, an employee shall not receive more than one compensation for the same service.

**Article B7 – Designated paid holidays

A designated paid holiday shall account for seven decimal five (7.5) hours only.

**B7.01 Subject to clause B7.02, 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.

**For greater certainty, employees who do not work on a Designated Paid Holiday are entitled to seven decimal five (7.5) hours pay at the straight-time rate.

B7.02 An employee absent without pay on both his full working day immediately preceding and his full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of an employee who is granted leave without pay under the provisions of Article C5 – Leave for Staff Relations Matters.

B7.03 Designated Paid Holiday Falling on a Day of Rest

When a day designated as a paid holiday under clause B7.01 coincides with an employee's day of rest, the holiday shall be moved to the employee's first normal working day following such employee's day of rest.

B7.04 When a day designated as a paid holiday for an employee is moved to another day under the provisions of clause B7.03:

  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.

B7.05 Compensation for Work on a Designated Paid Holiday

Compensation for work on a designated paid holiday will be in accordance with the overtime paragraphs B4.01 (d) (i) and (ii).

B7.06 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 B7.03, the designated paid holiday shall not count as a day of leave.

Article B8 – Travelling time

B8.01 When the Employer requires an employee to travel outside such employee's headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:

  1. On a normal working day on which such employee travels but does not work, the employee shall receive his regular pay for the day.
  2. On a normal working day on which such employee travels and works, the employee shall be paid:
    1. his regular pay for the day for a combined period of travel and work not exceeding seven decimal five (7.5) hours,

      and

    2. at the applicable overtime rate for additional travel time in excess of a seven decimal five (7.5) 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 or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.
  3. On a day of rest or on a designated paid 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, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.

B8.02 For the purpose of clause B8.01, 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 work place, as applicable, direct to such employee's destination and, upon such employee's return, direct back to such employee's residence or work place.
  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.

B8.03 All calculations for travelling time shall be based on each completed period of fifteen (15) minutes.

B8.04 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 for which the employee requests payment.

B8.05 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 pay for actual hours worked in accordance with the Articles B1 – Hours of Work, B4 – Overtime, and B7 – Designated Paid Holidays.

B8.06 Travelling time shall include time necessarily spent at each stop-over en route provided that such stop-over does not include an overnight stay.

B8.07 Compensation under this Article shall not be paid for travel time to courses, training sessions, conferences and seminars unless the employee is required to attend by the Employer.

B8.08 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 fifteen (15) 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 sixty (60) 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 B36 (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 B9 – Scientific research allowances

Field Research Allowance – SE group

This Article applies to the SE group only.

B9.01 An employee who meets the conditions set forth below shall be paid a field research allowance of two hundred and seventy dollars ($270.00) for each fifteen (15) calendar day period, provided that:

  1. the employee completes a minimum of fifteen (15) calendar days on field research work in a consecutive three hundred and sixty-five (365) day period;
  2. the minimum number of days referred to in (a) is made up of periods of not less than two (2) consecutive calendar days.

B9.02 Once the conditions of B9.01 (a) and (b) are met, an employee shall be paid on a pro rata basis for periods of field research work of less than fifteen (15) calendar days.

B9.03 An employee on field research work shall be compensated for authorized overtime performed on an hour-for-hour basis for all hours worked on a designated paid holiday or a day of rest. No remuneration shall be paid for overtime performed during the normal work week.

Sea Research Allowance

This Article applies to the Scientific Research Group only.

B9.04 An employee who meets the conditions set forth below shall be paid a sea research allowance of two hundred and seventy dollars ($270.00) for each fifteen (15) calendar day period, provided that:

  1. such employee completes a minimum of fifteen (15) calendar days on sea research work in a consecutive three hundred and sixty-five (365) day period;
  2. the minimum number of days referred to in (a) is made up of periods of not less than two (2) consecutive calendar days.

B9.05 Once the conditions of B9.04 (a) and (b) are met, an employee shall be paid on a pro rata basis for periods of sea research work of less than fifteen (15) calendar days.

B9.06 An employee on sea research work shall be compensated for authorized overtime performed on an hour-for-hour basis for all hours worked on a designated paid holiday or a day of rest. No remuneration shall be paid for overtime performed during the normal work week.

Upon application by the employee and at the discretion of the Employer compensation earned under this clause may be taken in the form of compensatory leave at the applicable rate. Compensatory leave earned in a fiscal year and outstanding on September 30th of the following fiscal year shall be paid at the employee's rate of pay on September 30th.

Diving Allowance

This Article applies to the BI and SE Groups only.

B9.07 Employees whose job duties require them to dive (as that word is hereinafter defined) shall be paid an extra allowance of twenty dollars ($20.00) per hour. The minimum allowance shall be two (2) hours per dive.

B9.08 A dive is the total of any period or periods of time during any eight (8) hour period in which an employee carries out required underwater work with the aid of a self-contained air supply.

Article B10 – Leave – general

B10.01 In respect to applications for all leave made pursuant to this Collective Agreement, the employee may be required to provide satisfactory validation of the circumstances necessitating such request.

B10.02 When the employment of an employee who has been granted more vacation or sick leave with pay than such employee has earned is terminated by death or layoff, the employee is considered to have earned the amount of leave with pay granted to him.

B10.03 An employee is entitled to have access to information regarding the balance of his vacation or sick leave with pay credits.

B10.04 The amount of leave with pay credited to an employee by the Employer at the time when this Agreement is signed, or at the time when such employee becomes subject to this Agreement, shall be retained by the employee.

B10.05 An employee shall not be granted two (2) different types of leave with pay in respect of the same period of time.

B10.06 An employee is not entitled to leave with pay during periods such employee is on leave without pay, on educational leave or under suspension.

B10.07 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.

B10.08 Leave credits will be earned on a basis of a day being equal to seven decimal five (7.5) hours.

B10.09 When leave is granted, it will be granted on an hourly basis and the hours debited for each day of leave shall be the same as the hours the employee would normally have been scheduled to work on that day, except for Bereavement Leave With Pay where a day is a calendar day.

Article B11 – Vacation Leave

B11.01 The vacation year shall be from April 1st to March 31st, inclusive.

B11.02 Accumulation of Vacation Leave Credits

An employee shall earn vacation leave credits for each calendar month during which such employee receives pay for at least seventy-five (75) hours at the following rate:

  1. Applies to the following groups: AG, BI, CH, CO, EN, ES, PG, SE-RES-01, SE-RES-02, SE-REM-01and SR.
    1. nine decimal three seven five (9.375) hours at the employee's straight-time hourly rate until the month in which the employee's eighth (8th) anniversary of service occurs;
    2. twelve decimal five (12.5) hours at the employee's straight-time hourly rate commencing the month in which the employee's eighth (8th) anniversary of service occurs;
    3. thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
    4. fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's seventeenth (17th) year of service occurs;
    5. fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighteenth (18th) year of service occurs;
    6. sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
    7. eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's twenty-eighth (28th) anniversary of service occurs.

    See Appendix "C" for vacation conversion table

  2. Applies to the following: SE-RES-03, SE-RES-04, SE-RES-05 and SE-REM-02.
    1. Reserve;
    2. twelve decimal five (12.5) hours at the employee's straight-time hourly rate until the month in which the employee's sixteenth (16th) anniversary of service occurs;
    3. thirteen decimal seven five (13.75) hours at the employee's straight-time hourly rate commencing with the month in which the employee's sixteenth (16th) anniversary of service occurs;
    4. fourteen decimal three seven five (14.375) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's seventeenth (17th) year of service occurs;
    5. fifteen decimal six two five (15.625) hours at the employee's straight-time hourly rate commencing with the month in which the anniversary of the employee's eighteenth (18th) year of service occurs;
    6. sixteen decimal eight seven five (16.875) hours at the employee's straight-time hourly rate commencing with the month in which the employee's twenty-seventh (27th) anniversary of service occurs;
    7. eighteen decimal seven five (18.75) hours at the employee's straight-time hourly rate commencing with the month in which the employee's twenty-eighth (28th) anniversary of service occurs.

    See Appendix "C" for vacation conversion table

B11.03

  1. For the purpose of this clause 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 public service or the Canadian Food Inspection Agency, takes or has taken severance pay. However, the above exception shall not apply to an employee who receives severance pay on lay-off and is reappointed to the Canadian Food Inspection Agency within one (1) year following the date of lay-off,or when an employee receives a severance payment under Article B29.05 to B29.08, or similar provisions in other collective agreements, and has not yet left the Canadian Food Inspection Agency or the public service.
  2. For the purpose of clause B11.03 (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.

B11.04 Entitlement to Vacation Leave With Pay

An employee is entitled to vacation leave with pay to the extent of such employee's 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.

B11.05 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 every 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 such employee has proceeded on vacation leave.

B11.06 Replacement of Vacation Leave

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

  1. is granted bereavement leave,
    or
  2. is granted sick leave on production of a medical certificate, the period of vacation leave so displaced shall either be added to the vacation period, if requested by the employee, and approved by the Employer, or reinstated for use at a later date.

B11.07

  1. Carry-Over
    Where in any vacation year an employee has not been granted all the vacation leave credited to them, the unused portion of such employee's vacation leave shall be carried over.
  2. Liquidation
    During any vacation year, upon application by the employee and at the discretion of the Employer earned but unused vacation leave credits shall be compensated at the employee's daily rate of pay calculated from the classification prescribed in such employee's certificate of appointment of such employee's substantive position on March 31st.

B11.08 Recall from Vacation Leave

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

  1. in proceeding to the employee's 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.

B11.09 The employee shall not be considered as being on vacation leave during any period in respect of which such employee is entitled under clause B11.08 to be reimbursed for reasonable expenses incurred by such employee.

B11.10 Cancellation of Vacation Leave

When the Employer cancels or alters a period of vacation 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.

B11.11 Leave When Employment Terminates

When an employee dies or otherwise ceases to be employed, such employee or his 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 such employee's credit by the hourly rate of pay as calculated from the classification prescribed in such employee's certificate of appointment on the date of the termination of such employee's employment.

B11.12 Vacation Leave Credits for Severance Pay

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

B11.13 Abandonment of position

Notwithstanding clause B11.11, an employee whose employment is terminated by a declaration that he abandoned his position in accordance with Section 12. (2) (d) of the Financial Administration Act is entitled to receive the payment referred to in clause B11.11 if he requests it within six (6) months following the date upon which his employment is terminated.

B11.14 Recovery on Termination

In the event of the 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 leave taken by the employee, calculated on the basis of the rate of pay applicable to the employee's classification on the date of termination.

B11.15 Appointment to a Schedule i, IV or V Employer

Notwithstanding clause B11.11, 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.

B11.16 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.

B11.17

Article B12 – Sick Leave

B12.01 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.

B12.02 An employee shall be granted sick leave with pay when such employee is unable to perform his duties because of illness or injury provided that:

  1. such 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. such employee has the necessary sick leave credits.

B12.03 Unless otherwise informed by the Employer, a statement signed by the employee stating that because of illness or injury such employee was unable to perform his duties shall, when delivered to the Employer, be considered as meeting the requirements of sub-clause B12.02 (a).

B12.04 An employee shall not be granted sick leave with pay during any period in which such employee is on leave of absence without pay, or under suspension.

B12.05 When an employee is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the employee was not granted sick leave with pay.

B12.06 Where an employee has insufficient or no credits to cover the granting of sick leave with pay under the provision of clause B12.02, sick leave with pay may, at the discretion of the Employer, be granted to an employee for a period of up to one hundred 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 and, in the event of termination of employment for other than death or lay-off, the recovery of the advance from any monies owed to the employee.

B12.07 Sick leave credits earned but unused by an employee during a previous period of employment in the Canadian Food Inspection Agency shall be restored to an employee whose employment was terminated by reason of lay-off and who is reappointed in the Canadian Food Inspection Agency within one (1) year from the date of lay-off.

**Article B13 – Bereavement Leave

**B13.01 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), child (including child of common-law partner), stepchild or ward of the employee, grandparent, grandchild, father-in-law, or mother-in-law, and any relative permanently residing in the employee's household or with whom the employee permanently resides and in addition:

  1. **a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee. An employee shall be entitled to bereavement leave under B13.01(a) only once during the employee's total period of employment in the public service.

*B13.02

  1. When a member of an employee's immediate family dies, the employee:
    1. shall be entitled to a 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 that 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. At the request of the employee, such bereavement leave with pay may be taken in a single period of seven (7) consecutive calendar days or may be taken in two (2) periods to a maximum of five (5) working days.
  3. When requested to be taken in two (2) periods,
    1. the first period must include the day of the memorial commemorating the deceased or must begin within two (2) days following the death, and
    2. the second period must be taken no later than twelve (12) months from the date of death for the purpose of attending a ceremony.
    3. The employee may be granted no more than three (3) days' leave with pay, in total, for the purposes of travel for these two (2) periods.
  4. An employee is entitled to up to one (1) day's bereavement leave with pay for the purpose related to the death of such employee's son-in-law, daughter-in-law, brother-in-law, sister-in-law and grandparents of spouse.
  5. *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 may, after considering the particular circumstances involved, grant leave with pay for a period greater than that provided for in paragraph B13.02 (a) (i) and sub-clause (d).
  6. If, during a period of paid leave, an employee is bereaved in circumstances under which the employee would have been eligible for bereavement leave under this clause, the employee shall be granted bereavement leave and the employee's paid leave credits shall be restored to the extent of any concurrent bereavement leave granted.

**Article B14 – Maternity leave without pay

**B14.01 Maternity 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 not later than eighteen (18) weeks after the termination date of pregnancy.
  2. **Notwithstanding paragraph (a):
    1. **where the employee has not yet proceeded on maternity leave without pay and her newborn child is hospitalized,

      or

    2. **where the employee has proceeded on maternity leave without pay and then returns to work for all or part of the period during which her newborn child is hospitalized,

    **the period of maternity leave without pay defined in paragraph (a) may be extended beyond the date falling eighteen (18) weeks after the date of termination of pregnancy by a period equal to that portion of the period of the child's hospitalization during which the employee was not on maternity leave, to a maximum of eighteen (18) weeks.

  3. **The extension described in paragraph (b) shall end not later than fifty-two (52) weeks after the termination date of pregnancy.
  4. **The Employer may require an employee to submit a medical certificate certifying pregnancy.
  5. *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 16: sick leave. For purposes of this subparagraph, the terms "illness" or "injury" used in Article 16: sick leave, shall include medical disability related to pregnancy.
  6. **An employee shall inform the Employer in writing of her plans for taking leave with and without pay to cover her absence from work due to the pregnancy at least four (4) weeks in advance of the initial date of continuous leave of absence during which termination of pregnancy is expected to occur unless there is a valid reason why the notice cannot be given.
  7. **Leave granted under this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.

**B14.02 Maternity Allowance

  1. **An employee who has been granted maternity leave without pay shall be paid a maternity allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraph (c) to (i), providing that 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. **has signed an agreement with the Employer stating that
      1. **she will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of her maternity leave without pay unless the return to work date is modified by the approval of another form of leave;
      2. **following her return to work, as described in section (A), she will work for a period equal to the period she was in receipt of maternity allowance;
      3. **should she fail to return to work in accordance with section (A), or should she return to work but fail to work for the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, she will be indebted to the Employer for an amount determined as follows:
      *[allowance received] × [ remaining period to be worked following return to work total period to be worked as specified in (B) ]

      **however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), within a period of ninety (90) days or less is not indebted for the amount if her new period of employment is sufficient to meet the obligations specified in section (B).

  2. *For the purpose of sections (a)(iii)(B), and (C), periods of leave with pay shall count as time worked. Periods of leave without pay during the employee's return to work will not be counted as time worked but shall interrupt the period referred to in (a)(iii)(B), without activating the recovery provisions described in section (a)(iii)(C).
  3. **Maternity or Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. **where an employee is subject to a waiting period before receiving Employment Insurance maternity benefits, ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance", if applicable, for each week of the waiting period, less any other monies earned during this period,
      and
    2. **for each week that the employee receives a maternity benefit under the Employment Insurance or the Quebec Parental Insurance Plan, she is eligible to receive the difference between ninety-three per cent (93%) of her weekly rate of pay and the recruitment and retention "terminable allowance", if applicable, and the maternity benefit, less any other monies earned during this period which may result in a decrease in her maternity benefit to which she would have been eligible if no extra monies had been earned during this period,
      and
    3. **Where an employee has received the full fifteen (15) weeks of maternity benefit under Employment Insurance and thereafter remains on maternity leave without pay, she is eligible to receive a further maternity allowance for a period of one (1) week, ninety-three per cent (93%) of her weekly rate of pay for each week (and the recruitment and retention "terminable allowance", if applicable),less any other monies earned during this period.
  4. **At the employee's request, the payment referred to in subparagraph B14.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance or Quebec Parental Insurance maternity benefits.
  5. **The maternity allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that she may be required to repay pursuant to the Employment Insurance Act or the Parental Insurance Act in Quebec.
  6. *The weekly rate of pay referred to in paragraph (c) shall be:
    1. **for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity 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 leave, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight-time earnings by the straight-time earnings the employee would have earned working full-time during such period.
  7. **The weekly rate of pay referred to in paragraph (f) shall be the rate and the recruitment and retention "terminable allowance", if applicable, to which the employee is entitled for her substantive level to which she is appointed.
  8. **Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of maternity leave without pay an employee has been on an acting assignment for at least four (4) months, the weekly rate shall be the rate and the recruitment and retention "terminable allowance", if applicable, she was being paid on that day.
  9. *Where an employee becomes eligible for a pay increment or pay revision while in receipt of the maternity allowance, the allowance shall be adjusted accordingly.
  10. **Maternity allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.

**B14.03 Special maternity allowance for totally disabled employees

  1. **An employee who:
    1. **fails to satisfy the eligibility requirement specified in subparagraph B14.02(a)(ii) solely because a concurrent entitlement to benefits under the Disability Insurance (DI) Plan, the Long-Term Disability (LTD) Insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act prevents her from receiving Employment Insurance or Quebec Parental Insurance maternity benefits,
      and
    2. **has satisfied all of the other eligibility criteria specified in paragraph B14.02(a), other than those specified in sections (A) and (B) of subparagraph B14.02(a)(iii),

    **shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph B14.03(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay and recruitment and retention "terminable allowance", and the gross amount of 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 clause B14.02 for a combined period of no more than the number of weeks during which she would have been eligible for maternity benefits under the Employment Insurance or the Quebec Parental Insurance Plan had she not been disqualified from Employment Insurance or Quebec Parental Insurance maternity benefits for the reasons described in subparagraph B14.03(a)(i).

**Article B15 – Parental leave without pay

**B15.01 Parental Leave Without Pay

  1. **Where an employee has or will have the actual care and custody of a new-born child (including the new-born child of a common-law partner), the employee shall, upon request, be granted parental leave without pay upon request for either:
    1. **a single period of up to thirty-seven (37) consecutive weeks in the fifty-two (52) week period
      or
    2. **a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

    **beginning on the day on which the child is born or the day on which the child comes into the employee's care.

  2. **Where an employee commences legal proceedings under the laws of a province to adopt a child or obtains an order under the laws of a province for the adoption of a child, the employee shall, upon request, be granted parental leave without pay for either:
    1. **a single period of up to thirty-seven (37) consecutive weeks in the fifty-two week (52) period (standard option),
      or
    2. **a single period of up to sixty-three (63) consecutive weeks in the seventy-eight (78) week period (extended option),

    *beginning on the day on which the child comes into the employee's care.

  3. *Notwithstanding paragraphs (a) and (b) above, at the request of an employee and at the discretion of the Employer, the leave referred to in paragraphs (a) and (b) above may be taken in two periods.
  4. Notwithstanding paragraphs (a) and (b):
    1. **where the employee's child is hospitalized within the period defined in the above paragraphs, and the employee has not yet proceeded on parental leave without pay,
      or
    2. **where the employee has proceeded on parental leave without pay and then returns to work for all or part of the period while his or her child is hospitalized,

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

  5. **An employee who intends to request parental leave without pay shall notify the Employer at least four (4) weeks before the commencement date of such leave.
  6. *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.
  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.

**B15.02 Parental Allowance

Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:

Once an employee elects the standard or extended parental benefits and the weekly benefit top up allowance is set, the decision is irrevocable and shall not be changed should the employee return to work at an earlier date than that originally scheduled.

Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.

**Parental Allowance Administration

  1. **An employee who has been granted parental leave without pay, shall be paid a parental allowance in accordance with the terms of the Supplemental Unemployment Benefit (SUB) Plan described in paragraphs (c) to (i) or (l) to (r), providing he or she:
    1. has completed six (6) months of continuous employment before the commencement of parental leave without pay,
    2. provides the Employer with proof that he or she has applied for and is in receipt of parental, paternity or adoption benefits under the Employment Insurance Plan or the Quebec Parental Insurance Plan in respect of insurable employment with the Employer,
      and
    3. **has signed an agreement with the Employer stating that:
      1. **the employee will return to work within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act, on the expiry date of his or her parental leave without pay, unless the return to work date is modified by the approval of another form of leave;
      2. **Following his or her return to work, as described in section (A), the employee will work for a period equal to the period the employee was in receipt of the standard parental allowance in addition to the period of time referred to in section B15.02(a)(iii)(B), if applicable. Where the employee has elected the extended parental allowance, following his or her return to work, as described in section (A), the employee will work for a period equal to sixty percent (60%) of the period the employee was in receipt of the extended parental allowance in addition to the period of time referred to in section B15.02(a)(iii)(B), if applicable.
      3. **should he or she fail to return to work as described in section (A) or should he or she return to work but fail to work the total period specified in section (B), for reasons other than death, lay-off, early termination due to lack of work or discontinuance of a function of a specified period of employment that would have been sufficient to meet the obligations specified in section (B), or having become disabled as defined in the Public Service Superannuation Act, he or she will be indebted to the Employer for an amount determined as follows:
        *[allowance received] × [ remaining period to be worked following return to work total period to be worked as specified in (B) ]

    **however, an employee whose specified period of employment expired and who is rehired within the federal public administration as described in section (A), within a period of ninety (90) days or less is not indebted for the amount if his or her new period of employment is sufficient to meet the obligations specified in section (B).

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

    Option 1 – Standard Parental Allowance:

  3. **Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. **where an employee on parental leave without pay as described in B15.01 (a)(i) and (b)(i), has elected to receive Standard Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, ninety-three percent (93%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week of the waiting period, less any other monies earned during this period;
    2. **for each week the employee receives parental, adoption or paternity benefits, under the Employment Insurance Plan or the Québec Parental Insurance Plan, he or she is eligible to receive the difference between ninety-three percent (93%) of his or her weekly rate (and the recruitment and retention "terminable allowance" if applicable) and the parental, adoption or paternity benefits, less any other monies earned during this period which may result in a decrease in his or her parental, adoption or paternity benefits to which he or she 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 or has divided the full thirty-two (32) weeks of parental benefits with another employee in receipt of the full five (5) weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period;
    4. **where an employee has divided the full thirty-seven (37) weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to two (2) weeks, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period;
    5. **where an employee has received the full thirty-five (35) weeks of parental benefit under the Employment Insurance Plan and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in B14.02(c)(iii) for the same child.
    6. **where an employee has divided the full forty (40) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, ninety-three per cent (93%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in B14.02(c)(iii) and B15.02(c)(v) for the same child;
  4. **At the employee's request, the payment referred to in subparagraph B15.02(c)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance Plan parental benefits.
  5. **The parental allowance to which an employee is entitled is limited to that provided in paragraph (c) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act or the Act Respecting Parental Insurance in Quebec.
  6. *The weekly rate of pay referred to in paragraph (c) shall be:
    1. for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of maternity or parental leave without pay;
    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 or parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  7. **The weekly rate of pay referred to in paragraph (f) shall be the rate (and the recruitment and retention "terminable allowance" if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.
  8. **Notwithstanding paragraph (g), and subject to subparagraph (f)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention "terminable allowance" if applicable), the employee was being paid on that day.
  9. *Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.
  10. **Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  11. **The maximum combined, shared, maternity and standard parental allowances payable shall not exceed fifty-seven (57) weeks for each combined maternity and parental leave without pay.

    Option 2 – Extended Parental Allowance:

  12. **Parental Allowance payments made in accordance with the SUB Plan will consist of the following:
    1. **where an employee on parental leave without pay as described in B15.01(a)(ii) and (b)(ii), has elected to receive extended Employment Insurance parental benefits and is subject to a waiting period before receiving Employment Insurance parental benefits, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for the waiting period, less any other monies earned during this period;
    2. **for each week the employee receives parental benefits under the Employment Insurance, he or she is eligible to receive the difference between fifty-five decimal eight per cent (55.8%) of his or her weekly rate (and the recruitment and retention "terminable allowance" if applicable) and the parental benefits, less any other monies earned during this period which may result in a decrease in his or her parental benefits to which he or she would have been eligible if no extra monies had been earned during this period;
    3. **where an employee has received the full sixty-one (61) weeks of parental benefits under the Employment Insurance and thereafter remains on parental leave without pay, he or she is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of his or her weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in B14.02(c)(iii) for the same child.
    4. **where an employee has divided the full sixty-nine (69) weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of one (1) week, fifty-five decimal eight per cent (55.8%) of their weekly rate of pay (and the recruitment and retention "terminable allowance" if applicable) for each week, less any other monies earned during this period, unless said employee has already received the one (1) week of allowance contained in B14.02(c)(iii) for the same child;
  13. **At the employee's request, the payment referred to in subparagraph B15.02(l)(i) will be estimated and advanced to the employee. Adjustments will be made once the employee provides proof of receipt of Employment Insurance.
  14. **The parental allowance to which an employee is entitled is limited to that provided in paragraph (l) and an employee will not be reimbursed for any amount that he or she is required to repay pursuant to the Employment Insurance Act.
  15. **The weekly rate of pay referred to in paragraphs (l) shall be:
    1. **for a full-time employee, the employee's weekly rate of pay on the day immediately preceding the commencement of 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 parental leave without pay, the rate obtained by multiplying the weekly rate of pay in subparagraph (i) by the fraction obtained by dividing the employee's straight time earnings by the straight time earnings the employee would have earned working full-time during such period.
  16. **The weekly rate of pay referred to in paragraph (l) shall be the rate (and the recruitment and retention "terminable allowance" if applicable) to which the employee is entitled for the substantive level to which he or she is appointed.
  17. **Notwithstanding paragraph (p), and subject to subparagraph (o)(ii), if on the day immediately preceding the commencement of parental leave without pay an employee is performing an acting assignment for at least four (4) months, the weekly rate shall be the rate (and the recruitment and retention "terminable allowance" if applicable), the employee was being paid on that day.
  18. **Where an employee becomes eligible for a pay increment or pay revision while in receipt of the allowance, the allowance shall be adjusted accordingly.
  19. **Parental allowance payments made under the SUB Plan will neither reduce nor increase an employee's deferred remuneration or severance pay.
  20. **The maximum combined, shared, maternity and extended parental allowances payable shall not exceed eighty-six (86) weeks for each combined maternity and parental leave without pay.

*B15.03 Special Parental Allowance for Totally Disabled Employees

  1. **An employee who
    1. **fails to satisfy the eligibility requirement specified in subparagraph B15.02(a)(ii) 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 (PSMIP), or the Government Employees Compensation Act prevents the employee from receiving Employment Insurance or Quebec Parental Insurance benefits,
      and
    2. **has satisfied all of the other eligibility criteria specified in paragraph B15.02(a), other than those specified in sections (A) and (B) or subparagraph B15.02(a)(iii),

    **shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph B15.03(a)(i), the difference between ninety-three percent (93%) of the employee's weekly rate of pay and the recruitment and retention "terminable allowance", if applicable, 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 B15.02 for a combined period of no more than the number of weeks during which the employee would have been eligible for parental, paternity or adoption benefits under the Employment Insurance or Québec Parental Insurance Plan, had the employee not been disqualified from Employment Insurance or Québec Parental Insurance benefits for the reasons described in subparagraph B15.03(a)(i).

*Article B16 – Maternity-related reassignment or leave

B16.01

  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 B16.01 (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. Dependent 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 B16.01 (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 B17 – Medical appointment for pregnant employees

B17.01 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.

B17.02 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 B18 – Leave without pay for the care of immediate family

**B18.01 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 and in addition:

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

B18.02 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.

**B18.03 Caregiving Leave

  1. **An employee who provides the Employer with proof that he or she is in receipt of or awaiting Employment Insurance (EI) benefits for Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults may be granted leave without pay while in receipt of or awaiting these benefits.
  2. **The leave without pay described in B18.03(a) shall not exceed twenty-six (26) weeks for Compassionate Care Benefits, thirty-five (35) weeks for Family Caregiver Benefits for Children and fifteen (15) weeks for Family Caregiver Benefits for Adults, in addition to any applicable waiting period.
  3. **When notified, an employee who was awaiting benefits must provide the Employer with proof that the request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been accepted.
  4. **When an employee is notified that their request for Employment Insurance (EI) Compassionate Care Benefits, Family Caregiver Benefits for Children and/or Family Caregiver Benefits for Adults has been denied, clause B18.03(a) above ceases to apply.
  5. **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.

B18.04 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.

*Article B19 – Leave without pay for personal needs

B19.01 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 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.
  4. Leave granted under (a) of this clause shall be counted for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall be counted for pay increment purposes.
  5. Leave without pay granted under (b) of this clause shall be deducted from the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave for the employee involved. Time spent on such leave shall not be counted for pay increment purposes.

*Article B20 – Leave without pay for relocation of spouse or common-law partner

B20.01 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 B21 – Leave with pay for family-related responsibilities

**B21.01

  1. For the purpose of this Article, family is defined as spouse (or common-law partner resident with the employee), child (including foster child or child of legal or common-law partner and ward of the employee), or parents (including step-parent or foster parent), father-in-law, mother-in-law, brother, sister, step-brother, step-sister, grandparents and grandchildren of the employee, any relative permanently residing in the employee's household or with whom the employee permanently resides, any relative for whom the employee has a duty of care, irrespective of whether they reside with the employee; or a person who stands in the place of a relative for the employee whether or not there is any degree of consanguinity between such person and the employee.
  2. The total leave with pay which may be granted under this Article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal year.
  3. Subject to sub-clause B21.01 (b), the Employer shall grant leave with pay under the following circumstances:
    1. to take a dependent family member for medical or dental appointments, or for appointments with school authorities or adoption agencies, if the supervisor was notified of the appointment as far in advance as possible;
    2. to provide for the immediate and temporary care of a sick member of the employee's family and to provide an employee with time to make alternate care arrangements where the illness is of a longer duration;
    3. to provide for the immediate and temporary care of an elderly member of the employee's family;
    4. for needs directly related to the birth or to the adoption of the employee's child which may be divided into two (2) periods and granted on separate days;
    5. to attend school functions, if the supervisor was notified of the function as far in advance as possible;
    6. to provide for the employee's child in the case of an unforeseeable closure of the school or daycare facility;
    7. seven decimal five (7.5) hours out of the thirty-seven decimal five (37.5) hours stipulated in B21.01 (b) may be used 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.

*Article B22 – Court leave with pay

B22.01 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 B23 – Personnel selection leave with pay

B23.01 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 Federal Public Sector Labour Relations Act) with whom the Canadian Food Inspection Agency has agreements on areas of selection, 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 his presence is required.

*Article B24 – Injury-on-duty leave with pay

B24.01 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 Worker's Compensation Board that the employee is unable to perform his 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,
    or
  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 B25 – Examination leave

B25.01 Leave with pay to take examinations or defend dissertations may be granted by the Employer to an employee who is not on education leave. 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 the employee's qualifications.

**Article B26 – Other leave with pay

B26.01 At its discretion, the Employer may grant leave with pay for purposes other than those specified in this Agreement, including military or civil defence training, emergencies affecting the community or place of work, and when circumstances not directly attributable to the employee prevent the employee's reporting for duty.

**B26.02 Personal Leave

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

The leave will be scheduled at times 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.

**B26.03 Domestic Violence Leave

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

  1. **The parties recognize that employees may be subject to domestic violence in their personal life that could affect their attendance at work.
  2. **Upon request, an employee who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence shall be granted domestic violence leave in order to enable the employee, in respect of such violence:
    1. to seek care and/or support for themselves or their child in respect of a physical or psychological injury or disability;
    2. to obtain services from an organization which provides services for individuals who are subject to domestic violence;
    3. to obtain professional counselling;
    4. to relocate temporarily or permanently; or
    5. to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding.
  3. **The total domestic violence leave with pay which may be granted under this article shall not exceed seventy-five (75) hours in a fiscal year.
  4. **Unless otherwise informed by the Employer, a statement signed by the employee stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this article.
  5. **Notwithstanding clauses B26.03(b) to B26.03(c), an employee is not entitled to domestic violence leave if the employee is charged with an offence related to that act or if it is probable, considering the circumstances, that the employee committed that act.

*Article B27 – Other leave without pay

B27.01 At its discretion, the Employer may grant leave without pay for purposes other than those specified in this Agreement, including enrolment in the Canadian Armed Forces and election to a full-time municipal office.

*Article B28 – Career development

B28.01 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.

B28.02 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 the employee's 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 shall receive an allowance in lieu of salary of not less than fifty percent (50%) of his basic salary. The percentage of the allowance is at the discretion of the Employer. 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 he 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.

B28.03 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 the 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 his field of specialization, subject to budgetary and operational constraints.
  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 payment of convention or conference registration fees and reasonable travel expenses.
  7. An employee shall not be entitled to any compensation under Articles B4 –Overtime or B8 – Travelling Time in respect of hours such employee is in attendance at or travelling to or from a conference or convention under the provisions of this clause, except as provided by sub-clause (e).

B28.04 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 his assigned work projects when in the opinion of the Employer such research is needed to enable the employee to fill his 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 sub-clause B28.04 (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 normal compensation including any increase for which he may become eligible. The employee shall not be entitled to any compensation under Articles B4 – Overtime or B8 – 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.

B28.05 Scientific Conferences and Professional Development

Clauses B28.05, B28.06, and B28.07 apply to the SE Group only.

The parties to this Agreement recognize that attendance at scientific conferences, workshops and other gatherings of a similar nature constitutes an integral part of a scientist's research activities and that attendance and participation in such gatherings is recognized as an element in the conduct of scientific research.

B28.06 Scientific Conferences

  1. An employee will attend scientific conferences related to such employee's field of specialization when it is deemed by management that such attendance will benefit the research program.
  2. The employee may recommend to management, conferences, workshops, and other gatherings of a similar nature, which such employee deems relevant and beneficial to the research program.
  3. An employee who attends such a conference, workshop, and other gatherings of a similar nature, shall be considered to be on duty and, as required, in travel status.
  4. An employee shall not be entitled to any compensation under Article B8 – Travelling Time in respect of hours such employee is travelling to or from a conference or similar gathering.

B28.07 Professional Development

  1. The parties recognize the desirability to improve professional standards by giving employees the opportunity to conduct research or to perform work related to their normal research programs in institutions or locations other than their normal place of work, including non-Canadian Food Inspection Agency locations.
  2. An employee, in consultation with the Employer, may apply at any time for professional development under this clause, and the Employer shall make a reasonable effort to grant such professional assignments subject to operational requirements.
  3. An employee may be selected by the Employer for such development under this clause, in which case the Employer will consult with the employee before determining the location and duration of the program of work or studies to be undertaken.
  4. An employee selected for professional development under this clause will continue to receive his normal compensation including any increase or improvement for which such employee may become eligible.
  5. 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.

B28.08 Selection Criteria

  1. Should the Employer establish selection criteria for granting leave under clauses B28.02 through B28.07 for a specified group, a copy of these criteria will be provided to an employee who so requests and to the Institute Representative on the Canadian Food Inspection Agency Career Development Consultation Committee. The Employer, on request, will consult with the Institute Representative on the Committee with regard to the selection criteria.
  2. Applications for leave under clauses B28.02 through B28.07 will be reviewed by the Employer. A list of the names of the applicants to whom the Employer grants leave under clauses B28.02 through B28.07 will be provided to the Institute Representative on the Canadian Food Inspection Agency Career Development Consultation Committee.

B28.09 Canadian Food Inspection Agency Career Development Committee

Consultation Committee

  1. The parties to this collective agreement acknowledge the mutual benefits to be derived from consultation on Career Development. To this effect the parties agree that such consultation will be held at the Agency level either through the existing Joint Consultation Committee or through the creation of a Canadian Food Inspection Agency Career Development Consultation Committee. A consultation committee, as determined by the parties, may be established at the local, regional or national level.
  2. The Canadian Food Inspection Agency Consultation Committee shall be composed of mutually agreeable numbers of employees and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer's premises during working hours.
  3. Employees forming the continuing membership of the Canadian Food Inspection Agency 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.
  4. The Employer recognizes the use of such committees for the purpose of providing information, discussing the application of policy, promoting understanding and reviewing problems.
  5. It is understood that no commitment may be made by either party on a subject that is not within their authority or jurisdiction, nor shall any commitment made be construed as to alter, amend, add to or modify the terms of this Agreement.

*Article B29 – Severance pay

Effective September 8, 2014, paragraphs B29.01 (b) and (c) are no longer in effect in this Collective Agreement.

B29.01 Under the following circumstances and subject to clause B29.02 an employee shall receive severance benefits calculated on the basis of their 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 (20) or more years of continuous employment, and one (1) week's pay for each additional complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365).
    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 sub-paragraph (a) (i).
  2. Resignation

    On resignation, subject to clause B29.01 (c) and with ten (10) or more years of continuous employment, one-half (1⁄2) week's pay for each complete year of continuous employment up to a maximum of twenty-six (26) years with a maximum benefit of thirteen (13) weeks' pay.

  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, a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks' pay.
    2. An employee who has been continuously employed for more than one year and whose employment is terminated for reason of age upon attaining the age of sixty-five (65) years or more and who, by reason of insufficient pensionable service, is not entitled to an immediate annuity, shall receive severance pay in the same manner as provided in clause B29.01 (c) (i) above.
  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 one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.

  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 the provisions of section 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 Section 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.

B29.02 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 Forces or the Royal Canadian Mounted Police. Under no circumstances shall the maximum severance pay provided under clause B29.01 and B29.05 be pyramided.

For greater certainty, payments made pursuant to B29.05 to B29.08 or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of B29.02.

B29.03 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.

B29.04 Appointment to another Employer organization

An employee who resigns to accept an appointment with an organization listed in Schedules I, IV or V of the Financial Administration Act shall be paid all severance payments resulting from the application of B29.01 (b) (prior to September 8, 2014) or B29.05 to B29.08 (commencing September 8, 2014).

B29.05 Severance Termination

  1. Subject to B29.02 above, indeterminate employees on September 8, 2014 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 B29.02 above, term employees on September 8, 2014 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

B29.06 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 September 8, 2014, 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 B29.07 (c).

B29.07 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 B29.06 (c) must specify the number of complete weeks to be paid out pursuant to B29.06 (a) and the remainder to be paid out pursuant to B29.06 (b).
  4. An employee who does not make a selection under B29.07 (b) will be deemed to have chosen option B29.06 (b).

B29.08 Appointment from a Different Bargaining Unit

This clause applies in a situation where an employee is appointed into a position in the S&A bargaining unit from a position outside the S&A 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 B29.02 above, on the date an indeterminate employee becomes subject to this Agreement after September 8, 2014, 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 B29.02 above, on the date a term employee becomes subject to this Agreement after September 8, 2014, 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 B29.06, however the selection of which option must be made within three (3) months of being appointed to the bargaining unit.
  4. An employee who does not make a selection under B29.08 (c) will be deemed to have chosen option B29.06 (b).

*Article B30 – Statement of duties

B30.01 Upon written request, an employee shall be provided with a complete and current statement of duties and responsibilities of his position, including the classification level and, where applicable, the point rating by factor to his position, and an organizational chart depicting the position's place in the organization.

*Article B31 – Registration fees

B31.01 The Employer shall reimburse an employee for their payment of membership or registration fees to an organization or governing body when the payment of such fees is a requirement for the continuation of the performance of the duties of the employee's position.

*Article B32 – Immunization

B32.01 The Employer shall provide the employee with immunization against communicable diseases where there is a risk of incurring such diseases in the performance of the employee's duties.

*Article B33 – Technological change

B33.01 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:

B33.02 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.

B33.03 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.

B33.04 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.

B33.05 The written notice provided for in clause B33.04 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.

B33.06 As soon as reasonably practicable after notice is given under clause B33.04, the Employer shall consult with the Institute concerning the effects of the technological change referred to in clause B33.05 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.

B33.07 When, as a result of technological change, the Employer determines that an employee required new skills or knowledge in order to perform the duties of his 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 B34 – Safety and health

B34.01 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 or occupational illness.

B34.02 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.

*Article B35 – Religious observance

B35.01 The Employer shall make every reasonable effort to accommodate an employee who requests time off to fulfill his religious obligations.

B35.02 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.

B35.03 Notwithstanding clause B35.02, 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 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.

B35.04 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 B36 – Compensatory leave with pay

B36.01 Upon request by the employee and at the discretion of the Employer, compensation earned under Articles B4 – Overtime, B5 – Call-back, B6 – Standby, travelling time compensated at an overtime rate under Article B8 –- Travelling Time, and B9 –Scientific Research Allowances may be taken in the form of compensatory leave, which will be calculated at the premium rate laid down in the applicable Article.

B36.02 The Employer shall grant compensatory leave at times convenient to both the employee and the Employer.

B36.03 Compensatory leave earned in a fiscal year and unused as of September 30th of the following fiscal year shall be paid at the employee's hourly rate of pay on that September 30th.

B36.04 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, 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.

B36.05 When an employee dies or otherwise ceases to be employed, he 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 credit by the hourly rate of pay as calculated from the classification prescribed in his certificate of appointment on the date of the termination of his or her employment.

B36.06 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 September 30th of the following fiscal year.

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 amount of the 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 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 declares in an affidavit that he is a member of a religious organization, whose doctrine prevents him as a matter of conscience from making financial contributions to an employee organization and that he will make contributions to a charitable organization, registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this Article. The Institute will inform the Employer accordingly.

C1.05 No employee organization, as defined in Section 2 of the Federal Public Sector 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 within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each employee and the deductions made on the employee's behalf.

*C1.07 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.

*C1.08 When it is mutually acknowledged that an error has been committed, the Employer shall endeavour to correct such error within the two (2) pay periods following the acknowledgement of error.

*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 obligated 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 Bargaining Agent for the posting of official notices, in convenient locations determined by the Employer and the Institute. Notices or other material, including E-mail 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 which the Employer considers adverse to the Employer's interests or to the interests of any of the Employer's representatives.

C2.03 Institute Literature

The Employer will continue its practice of making available to the Institute a specific location on its premises for the storage and placement of a reasonable quantity of Institute files and literature.

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, 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. Employees may use the Employer's equipment to print a copy or portion thereof.

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 of any subsequent changes.

C4.04 Leave for Stewards

Operational requirements permitting, the Employer shall grant leave with pay to an employee to enable such employee to carry out his functions as a Steward on the Employer's premises. When the discharge of these functions require an employee who is a Steward to leave such employee's normal place of work, the employee shall report his return to his supervisor whenever practicable.

**Article C5 – Leave For staff relations matters

C5.01 Federal Public Sector Labour Relations and Employment Board Hearings

Complaints made to the Federal Public Sector Labour Relations and Employment Board (FPSLREB) Pursuant to Section 190(1) of the Federal Public Sector Labour Relations Act.

Where operational requirements permit in cases of complaints made to the Federal Public Sector Labour Relations and Employment Board pursuant to section 190(1) of the FPSLRA alleging a breach of sections 157, 186 (1) (a), 186 (1) (b), 186 (2) (a) (i), 186 (2) (b), 187, 188 (a) or 189 (1) of the FPSLRA, the Employer will grant leave with pay:

  1. to an employee who makes a complaint on his own behalf before the Federal Public Sector Labour Relations and Employment Board,

    and

  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.

C5.02 Applications for Certification, Representations and Interventions with Respect to Applications for Certification

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.

C5.03 Employee Called as a Witness

The Employer will grant leave with pay:

  1. to an employee called as a witness by the Federal Public Sector Labour Relations and Employment Board,

    and

  2. where operational requirements permit, to an employee called as a witness by an employee or the Institute.

C5.04 Arbitration Board and Public Interest Commission, Alternative Dispute Resolution Hearings

Where operational requirements permit, the Employer will grant leave with pay to an employee representing the Institute before an Arbitration Board, in an Alternative Dispute Resolution process, or Public Interest Commission proceedings; all of which are as defined in the Federal Public Sector Labour Relations Act.

C5.05 Employee Called as a Witness

Where operational requirements permit, the Employer will grant leave with pay to an employee called as a witness by an Arbitration Board, in an Alternative Dispute Resolution process, or Public Interest Commission proceedings; all of which are as defined in the Federal Public Sector Labour Relations Act.

C5.06 Adjudication

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

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

C5.07 Meetings During the Grievance Process:

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.

C5.08 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.

C5.09 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.

C5.10 Contract Negotiations Meetings

The Employer will grant leave without pay to an employee for the purpose of attending contract negotiations meetings on behalf of the Institute.

C5.11 Preparatory Contract Negotiations Meetings

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

C5.12 Meetings Between the Institute and Management

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

C5.13 Institute Meetings and Conventions

Where operational requirements permit, the Employer will grant leave without pay to an employee to attend meetings and conventions provided in the Constitution and By- Laws of the Institute.

C5.14 Stewards Training Courses

  1. Where operational requirements permit, the Employer will grant leave without pay to employees appointed as Stewards by the Institute, to undertake training sponsored by the Institute related to the duties of a Steward.
  2. Where operational requirements permit, the Employer will grant leave with pay to employees appointed as Stewards by the Institute, to attend training sessions concerning Employer-employee relations sponsored by the Employer.

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 – Job security

C7.01 Subject to the willingness and capacity of individual employees to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the work force will be accomplished through attrition.

Article C8 – Illegal strikes

C8.01 The Federal Public Sector Labour Relations Act provides penalties for engaging in illegal strikes. Disciplinary action may also be taken, which will include penalties up to and including discharge, for participation in an illegal strike as defined in the Federal Public Sector Labour Relations Act.

Article C9 – Interpretation of agreement

C9.01 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 employees from availing themselves of the grievance procedure provided in this Agreement.

Article C10 – Grievance procedure

C10.01 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 C10.

C10.02 Informal Discussion

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 C10.12, 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. This clause shall also apply where the Employer implements an Informal Conflict Management System.

C10.03 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

C10.04 Subject to and as provided in Section 208 of the Federal Public Sector 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 C10.07 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.

C10.05 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.

C10.06 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.

C10.07 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.

C10.08 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.

C10.09 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.

C10.10 An employee may be assisted and/or represented by the Union when presenting a grievance at any level.

C10.11 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.

C10.12 An employee may present a grievance to the First Level of the grievance procedure in the manner prescribed in clause C10.07 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.

C10.13 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.

C10.14 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.

C10.15 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.

C10.16 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.

C10.17 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.

C10.18 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.

C10.19 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.

C10.20 An employee may abandon a grievance by written notice to his or her immediate supervisor or officer-in-charge.

C10.21 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.

C10.22 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.

C10.23 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 Federal Public Sector Labour Relations Act and Regulations.

C10.24 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.

C10.25 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

C10.26 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 Federal Public Sector Labour Relations and Employment Board (FPSLREB) 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 FPSLREB or to the Adjudicator at the hearing;
  5. no witnesses will testify;
  6. the Adjudicator will be appointed by the FPSLREB 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 FPSLREB otherwise agree. The cases will be scheduled jointly by the parties and the FPSLREB and will appear on the FPSLREB 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

C10.27

  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.

C10.28 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.

C10.29 Subject to and as provided in the Federal Public Sector Labour Relations Act, the Bargaining Agent may present a group grievance in the manner set out in clause C10.28, 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.

C10.30 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.

C10.31 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.

C10.32 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 C10.33.

C10.33 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 C10.28.

C10.34 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.

C10.35 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.

C10.36 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

C10.37 The policy grievance process shall consist of one (1) level.

C10.38 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.

C10.39 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 C10.39, 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.

C10.40 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.

C10.41 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.

C10.42 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 C10.40.

C10.43 A policy grievance may be withdrawn at any time.

C10.44 A party that presents a policy grievance may refer it to adjudication, as provided under the Federal Public Sector Labour Relations Act.

Article C11 – Joint consultation

C11.01 The parties acknowledge the mutual benefits to be derived from joint consultation and will consult on matters of common interest.

C11.02 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.

C11.03 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.

C11.04 Joint Consultation Committee Meetings

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

C11.05 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.

C11.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.

Article C12 – Standards of discipline

C12.01 Where written agency standards of discipline are developed or amended, the Employer agrees to supply sufficient information on the standards of discipline to each employee and to the Institute.

C12.02 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.

C12.03 The Employer agrees not to introduce as evidence in a hearing relating to disciplinary action any document concerning the conduct or performance of an employee the existence of which the employee was not aware at the time of filing or within a reasonable time thereafter.

C12.04 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 C13 – Employees on industrial premises

C13.01 Employees whose normal duties are performed on the premises of another Employer are prevented from performing their duties because of a strike or lock-out on the industrial Employer's premises, shall report the matter to the Employer and the Employer will consider measures designed to ensure that, so long as work is available, the employees affected are not denied 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 decimal five (37.5) hours per week, but not less than those prescribed in the Federal Public Sector 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 compared with the normal weekly hours of work of full-time employees unless otherwise specified in this Agreement.

D1.03 Part-time employees shall be paid at the hourly rate of pay for all work performed up to seven decimal five (7.5) hours in a day or thirty-seven decimal five (37.5) hours in a week unless the employee is working other daily or weekly hours of work as prescribed pursuant to Article B1 - Hours of Work.

D1.04 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 a minimum of thirty-seven decimal five (37.5) hours in a week at the hourly rate of pay.

D1.05 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.

D1.06 Designated Holidays

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

D1.07 Subject to Article B4 – Overtime, 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 B7.01 of this Agreement, the employee shall be paid time decimal five (1.5) the hourly rate of pay for all hours worked on the holiday up to seven decimal five (7.5) hours and double time (2) thereafter. The provisions of clause B4.04 - Compensatory Leave do not apply.

D1.08 Overtime

"Overtime" means work required by the Employer, to be performed by the employee, in excess of those hours prescribed in clause D1.03 but does not include time worked on a holiday.

D1.09 Subject to Article B4 - Overtime, a part-time employee who is required to work overtime shall be paid at time decimal five (1.5) for all overtime hours worked.

D1.10 Vacation Leave

A part-time employee shall earn vacation leave credits for each month in which the employee receives pay for at least twice the number of hours in the employee's normal work week, at the rate for years of employment established in clause B11.02, 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

D1.11 Sick Leave

A part-time employee shall earn sick leave credits at the rate of zero decimal two five (0.25) 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 the number of hours in the employee's normal work week.

D1.12 Vacation and Sick Leave Administration

  1. For the purposes of administration of clauses D1.10 and D1.11, where an employee does not work the same number of hours each week, the normal work week shall be the weekly average of the hours worked at the straight-time rate 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.

D1.13 Severance Pay

Notwithstanding the provisions of Article B29 - 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.

D1.14 The weekly rate of pay referred to in clause D1.13 shall be the weekly rate of pay to which the employee is entitled for the classification prescribed in such employee's certificate of appointment, immediately prior to the termination of such employee's employment.

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 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 assessment form shall be considered to be an indication only that its contents have been read and shall not indicate his concurrence with the statements contained on the form.

    A copy of the employee's assessment form shall be provided to him at the time the assessment is signed by the employee. For the purpose of satisfying the Employer's obligation under this clause, the assessment form may be completed, signed, and provided electronically.

  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 (1⁄2) of the period for which the employee's performance is evaluated.

D2.03 When an employee disagrees with the assessment and/or appraisal of his 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 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. Personal references requested by a prospective Employer outside the Agency will not be provided without the written consent of the employee.

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.

D4.03 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with sexual harassment. The selection of mediator will be by mutual agreement.

D4.04 Upon request by the complainant(s) and/or respondent(s) an official copy of the investigation report shall be provided to them by the Employer, subject to the Access to Information Act and Privacy Act.

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 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.

D5.02

  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 D5.02 (a) a level in the grievance procedure is waived, no other level shall be waived except by mutual agreement.

Part E – Pay and duration

Article E1 – Pay

E1.01 Except as provided in clauses E1.01 to E1.08 inclusive, and the Notes to Appendix "A" of this Agreement, 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 he is appointed, if the classification coincides with that prescribed in his 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 such 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 Only rates of pay and compensation for overtime and vacation leave credits which have been paid to an employee during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the employee.

E1.05 Pay Administration

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

  1. the employee shall receive his 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 Rates of Pay

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

  1. "retroactive period" for the purpose of subparagraphs (b) to (e) means the period from the effective date of the revision up to and including the day before the collective agreement is signed or when an arbitral award is rendered therefore;
  2. a retroactive upward revision in rates of pay shall apply to employees, former employees or in the case of death, the estates of former employees, who were employees in the bargaining unit during the retroactive period;
  3. for initial appointments made during the retroactive period, the rate of pay selected in the revised rates of pay is the rate which is shown immediately below the rate of pay being received prior to the revision;
  4. for promotions, demotions, transfers or acting situations effective during the retroactive period, the rate of pay shall be recalculated, in accordance with the Public Service Terms and Conditions of Employment Policy, using the revised rates of pay. If the recalculated rate of pay is less than the rate of pay the employee was previously receiving, the revised rate of pay shall be the rate, which is nearest to, but not less than the rate of pay being received prior to the revision. However, where the recalculated rate is at a lower step in the range, the new rate shall be the rate of pay shown immediately below the rate of pay being received prior to the revision;
  5. no payment nor notification shall be made pursuant to sub-clause (b) for one dollar ($1.00) or less.

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.

E1.08 Acting Pay

When an employee is required by the Employer to substantially perform the duties of a higher classification level on an acting basis for the required number of three (3) consecutive working days, such employee shall be paid acting pay calculated from the date on which he 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.

E1.09 If, during the term of this Agreement a new classification standard for the group is established and implemented by the Employer, the Employer shall, before applying rates of pay to new levels resulting from the application of the standard, negotiate with the Institute the rates of pay and the rules affecting the pay of employees on their movement to the new levels.

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 Federal Public Sector Labour Relations Act (FPSLRA) and any legislation by Parliament that has been or may be, as the case may be, established pursuant to any Act specified in Section 113 of the FPSLRA.

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 Federal Public Sector Labour Relations and Employment 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, which the Institute has opted to take part in consultation, 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:
    • Bilingualism Bonus Directive;
    • Commuting Assistance Directive;
    • First Aid to the General Public – Allowance for Employees;
    • Foreign Service Directives;
    • Isolated Posts and Government Housing Directive;
    • NJC Relocation Directive;
    • Occupational Safety and Health Directive;
    • Public Service Health Care Plan Directive;
    • Travel Directive;
    • Uniforms Directive;
  2. During the term of this Collective Agreement, other directives may be added to the above list.
  3. Grievances in regard to the above NJC directives shall be filed in accordance with clause C10.25 of the grievance procedure in this Collective Agreement.

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 September 30, 2022.

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

Signed at Ottawa, this 23rd day of the month of December, 2020.

Canadian Food Inspection Agency

  • Siddika Mithani, Ph.D.
  • Robert Ianiro
  • Dr. Aman Bath
  • Karim Bechane
  • Barbara Doan
  • Dr. Anne Lemay
  • Kelvin Mathuik
  • Dr. Nancy Rheault
  • Karen Alexander
  • Rubina Bhangoo
  • Christine Gallinger
  • Michael Jones
  • Brenda A. Dagenais

The Professional Institute of the
Public Service of Canada

  • Debi Daviau
  • Tim Anderson
  • Stéphanie Fréchette
  • Frederick Jamieson
  • Terry Petrow
  • Zeljko Ruzicic
  • Cara Ryan

Appendix

Appendix "A"

CO – Commerce Group (BUD 99526)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
A: Effective October 1, 2018 Table Note 1
B: Effective October 1, 2019 Table Note 1
C: Effective October 1, 2020 Table Note 1
D: Effective October 1, 2021 Table Note 1

CO-DEV
$ 28803 to 61752*/
A Table Note 1 29379 to 62987*/
B Table Note 1 29967 to 64247*/
C Table Note 1 30417 to 65211*/
D 30873 to 66189*/

*(with intermediate steps of $10)

CO-01
$ 53572 56104 58628 61160 63683 66219 68748 71269 74160
A Table Note 1 54643 57226 59801 62383 64957 67543 70123 72694 75643
B Table Note 1 55736 58371 60997 63631 66256 68894 71525 74148 77156
C Table Note 1 56572 59247 61912 64585 67250 69927 72598 75260 78313
D 57421 60136 62841 65554 68259 70976 73687 76389 79488
CO-02
$ 69834 73473 77110 80749 84380 88019 91652 95301 98931 103069
A Table Note 1 71231 74942 78652 82364 86068 89779 93485 97207 100910 105130
B Table Note 1 72656 76441 80225 84011 87789 91575 95355 99151 102928 107233
C Table Note 1 73746 77588 81428 85271 89106 92949 96785 100638 104472 108841
D 74852 78752 82649 86550 90443 94343 98237 102148 106039 110474
CO-03
$ 85593 89645 93691 97739 101787 105835 109641 114002
A Table Note 1 87305 91438 95565 99694 103823 107952 111834 116282
B Table Note 1 89051 93267 97476 101688 105899 110111 114071 118608
C Table Note 1 90387 94666 98938 103213 107487 111763 115782 120387
D 91743 96086 100422 104761 109099 113439 117519 122193
CO-04
$ 97719 102141 106524 110640 114767 118871 123584
A Table Note 1 99673 104184 108654 112853 117062 121248 126056
B Table Note 1 101666 106268 110827 115110 119403 123673 128577
C Table Note 1 103191 107862 112489 116837 121194 125528 130506
D 104739 109480 114176 118590 123012 127411 132464

Table Note

Table Note 1

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase for a compounded total of 4.04%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase for a compounded total of 5.601%. These revised rates of pay will be reflected on employees' pay statements upon implementation of prospective salary increases.

Return to table note 1  referrer

EN-ENG – Engineering and Land Survey Group (BUD 99510)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
X: Effective October 1, 2018 Table Note 2
A: Effective October 1, 2018 Table Note 2
Y: Effective October 1, 2019 Table Note 2
B: Effective October 1, 2019 Table Note 2
C: Effective October 1, 2020 Table Note 2
D: Effective October 1, 2021

EN-ENG-01
$ 44484 to 53368*/ 55351
X Table Note 2 44840 to 53795*/ 55794
A Table Note 2 45737 to 54871*/ 56910
Y Table Note 2 45828 to 54981*/ 57024
B Table Note 2 46745 to 56081*/ 58164
C Table Note 2 47446 to 56922*/ 59036
D 48158 to 57776*/ 59922

*(with intermediate steps of $10)

EN-ENG-02
$ 55440 57760 60248 62563 64875 67293
X Table Note 2 55884 58222 60730 63064 65394 67831
A Table Note 2 57002 59386 61945 64325 66702 69188
Y Table Note 2 58258 60695 63310 65743 68172 70713
B Table Note 2 58258 60695 63310 65743 68172 70713
C Table Note 2 59132 61605 64260 66729 69195 71774
D 60019 62529 65224 67730 70233 72851
EN-ENG-03
$ 66979 69797 72701 75592 78487 81382 87416
X Table Note 2 67515 70355 73283 76197 79115 82033 88115
A Table Note 2 68865 71762 74749 77721 80697 83674 89877
Y Table Note 2 69003 71906 74898 77876 80858 83841 90057
B Table Note 2 70383 73344 76396 79434 82475 85518 91858
C Table Note 2 71439 74444 77542 80626 83712 86801 93236
D 72511 75561 78705 81835 84968 88103 94635
EN-ENG-04
$ 78644 81790 84929 88072 91220 94363 97212
X Table Note 2 79273 82444 85608 88777 91950 95118 97990
A Table Note 2 80858 84093 87320 90553 93789 97020 99950
Y Table Note 2 81020 84261 87495 90734 93977 97214 100150
B Table Note 2 82640 85946 89245 92549 95857 99158 102153
C Table Note 2 83880 87235 90584 93937 97295 100645 103685
D 85138 88544 91943 95346 98754 102155 105240
EN-ENG-05
$ 90230 93905 97559 101231 104901 108578 115504
X Table Note 2 90952 94656 98339 102041 105740 109447 116428
A Table Note 2 92771 96549 100306 104082 107855 111636 118757
Y Table Note 2 92957 96742 100507 104290 108071 111859 118995
B Table Note 2 94816 98677 102517 106376 110232 114096 121375
C Table Note 2 96238 100157 104055 107972 111885 115807 123196
D 97682 101659 105616 109592 113563 117544 125044
EN-ENG-06
$ 101032 104926 108819 112721 116625 120523 125003
X Table Note 2 101840 105765 109690 113623 117558 121487 126003
A Table Note 2 103877 107880 111884 115895 119909 123917 128523
Y Table Note 2 104085 108096 112108 116127 120149 124165 128780
B Table Note 2 106167 110258 114350 118450 122552 126648 131356
C Table Note 2 107760 111912 116065 120227 124390 128548 133326
D 109376 113591 117806 122030 126256 130476 135326

Table Note

Table Note 2

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase and 0.8% wage adjustment for a compounded total of 2.816%. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase and a 0.2% wage adjustment for a compounded total of 5.082%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase for a compounded total of 6.658%. These revised rates of pay will be reflected on employees' pay statements upon implementation of prospective salary increases.

Return to table note 2  referrer

ES – Economics, Sociology and Statistics Group (BUD 99508)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
X: Effective October 1, 2018 Table Note 3
A: Effective October 1, 2018 Table Note 3
Y: Effective October 1, 2019 Table Note 3
B: Effective October 1, 2019 Table Note 3
C: Effective October 1, 2020 Table Note 3
D: Effective October 1, 2021

ES-01
$ 30803 to 57031 59151 59743
X Table Note 3 31049 to 57487 59624 60221
A Table Note 3 31670 to 58637 60816 61425
Y Table Note 3 31733 to 58754 60938 61548
B Table Note 3 32368 to 59929 62157 62779
C Table Note 3 32854 to 60828 63089 63721
D 33347 to 61740 64035 64677
ES-02
$ 56221 58047 59616 61697 63993 65914
X Table Note 3 56671 58511 60093 62191 64505 66441
A Table Note 3 57804 59681 61295 63435 65795 67770
Y Table Note 3 57920 59800 61418 63562 65927 67906
B Table Note 3 59078 60996 62646 64833 67246 69264
C Table Note 3 59964 61911 63586 65805 68255 70303
D 60863 62840 64540 66792 69279 71358
ES-03
$ 64222 66727 69212 71732 74251 77013 79323
X Table Note 3 64736 67261 69766 72306 74845 77629 79958
A Table Note 3 66031 68606 71161 73752 76342 79182 81557
Y Table Note 3 66163 68743 71303 73900 76495 79340 81720
B Table Note 3 67486 70118 72729 75378 78025 80927 83354
C Table Note 3 68498 71170 73820 76509 79195 82141 84604
D 69525 72238 74927 77657 80383 83373 85873
ES-04
$ 79884 82692 85505 88296 90795 94427
X Table Note 3 80523 83354 86189 89002 91521 95182
A Table Note 3 82133 85021 87913 90782 93351 97086
Y Table Note 3 82297 85191 88089 90964 93538 97280
B Table Note 3 83943 86895 89851 92783 95409 99226
C Table Note 3 85202 88198 91199 94175 96840 100714
D 86480 89521 92567 95588 98293 102225
ES-05
$ 90668 93488 97022 100513 104252 107380
X Table Note 3 91393 94236 97798 101317 105086 108239
A Table Note 3 93221 96121 99754 103343 107188 110404
Y Table Note 3 93407 96313 99954 103550 107402 110625
B Table Note 3 95275 98239 101953 105621 109550 112838
C Table Note 3 96704 99713 103482 107205 111193 114531
D 98155 101209 105034 108813 112861 116249
ES-06
$ 105672 109108 112417 116597 120095
X Table Note 3 106517 109981 113316 117530 121056
A Table Note 3 108647 112181 115582 119881 123477
Y Table Note 3 108864 112405 115813 120121 123724
B Table Note 3 111041 114653 118129 122523 126198
C Table Note 3 112707 116373 119901 124361 128091
D 114398 118119 121700 126226 130012
ES-07
$ 114999 118338 121682 124740 129730
X Table Note 3 115919 119285 122655 125738 130768
A Table Note 3 118237 121671 125108 128253 133383
Y Table Note 3 118473 121914 125358 128510 133650
B Table Note 3 120842 124352 127865 131080 136323
C Table Note 3 122655 126217 129783 133046 138368
D 124495 128110 131730 135042 140444

Table Note

Table Note 3

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase and 0.8% wage adjustment for a compounded total of 2.816%. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase and a 0.2% wage adjustment for a compounded total of 5.082%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase for a compounded total of 6.658%. These revised rates of pay will be reflected on employees' pay statements upon implementation of prospective salary increases.

Return to table note 3  referrer

PG – Purchasing And Supply Group (BUD 99525)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
A: Effective October 1, 2018 Table Note 4
B: Effective October 1, 2019 Table Note 4
X: Effective October 1, 2020 Table Note 4
C: Effective October 1, 2020 Table Note 4
D: Effective October 1, 2021

PG-01
$ 33052 35179 37321 39452 41582 43702 45837
A Table Note 4 33713 35883 38067 40241 42414 44576 46754
B Table Note 4 34387 36601 38828 41046 43262 45468 47689
X Table Note 4 34645 36876 39119 41354 43586 45809 48047
C Table Note 4 35165 37429 39706 41974 44240 46496 48768
D 35692 37990 40302 42604 44904 47193 49500
PG-01 (continued)
$ 47966 50095 52231 54359 57475
A Table Note 4 48925 51097 53276 55446 58625
B Table Note 4 49904 52119 54342 56555 59798
X Table Note 4 50278 52510 54750 56979 60246
C Table Note 4 51032 53298 55571 57834 61150
D 51797 54097 56405 58702 62067
PG-02
$ 54621 57045 59475 61900 65440
A Table Note 4 55713 58186 60665 63138 66749
B Table Note 4 56827 59350 61878 64401 68084
X Table Note 4 57253 59795 62342 64884 68595
C Table Note 4 58112 60692 63277 65857 69624
D 58984 61602 64226 66845 70668
PG-03
$ 60783 63507 66216 68921 72869
A Table Note 4 61999 64777 67540 70299 74326
B Table Note 4 63239 66073 68891 71705 75813
X Table Note 4 63713 66569 69408 72243 76382
C Table Note 4 64669 67568 70449 73327 77528
D 65639 68582 71506 74427 78691
PG-04
$ 71768 74968 78177 81794 86503
A Table Note 4 73203 76467 79741 83430 88233
B Table Note 4 74667 77996 81336 85099 89998
X Table Note 4 75227 78581 81946 85737 90673
C Table Note 4 76355 79760 83175 87023 92033
D 77500 80956 84423 88328 93413
PG-05
$ 84452 88243 92031 95582 100095
A Table Note 4 86141 90008 93872 97494 102097
B Table Note 4 87864 91808 95749 99444 104139
X Table Note 4 88523 92497 96467 100190 104920
C Table Note 4 89851 93884 97914 101693 106494
D 91199 95292 99383 103218 108091
PG-06
$ 95268 97207 98998 100798 102599 104384 109021
A Table Note 4 97173 99151 100978 102814 104651 106472 111201
B Table Note 4 99116 101134 102998 104870 106744 108601 113425
X Table Note 4 99859 101893 103770 105657 107545 109416 114276
C Table Note 4 101357 103421 105327 107242 109158 111057 115990
D 102877 104972 106907 108851 110795 112723 117730

Table Note

Table Note 4

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase for a compounded total of 4.04%. Changes to the pay rates will not appear on employees’ pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase and a 0.75% wage adjustment for a compounded total of 6.393%. These revised rates of pay will be reflected on employees’ pay statements upon implementation of prospective salary increases.

Return to table note 4  referrer

SE-RES – Research Scientist Group (BUD 99515)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
A: Effective October 1, 2018 Table Note 5
B: Effective October 1, 2019 Table Note 5
X: Effective October 1, 2020 Table Note 5
C: Effective October 1, 2020 Table Note 5
D: Effective October 1, 2021

SE-RES-01
$ 55380 58292 61205 64124 67037 69947 72863 75711
A Table Note 5 56488 59458 62429 65406 68378 71346 74320 77225
B Table Note 5 57618 60647 63678 66714 69746 72773 75806 78770
X Table Note 5 58050 61102 64156 67214 70269 73319 76375 79361
C Table Note 5 58921 62019 65118 68222 71323 74419 77521 80551
D 59805 62949 66095 69245 72393 75535 78684 81759
SE-RES-02
$ 68763 73051 77326 81609 85889 90167 94448 98730 103009 107033
A Table Note 5 70138 74512 78873 83241 87607 91970 96337 100705 105069 109174
B Table Note 5 71541 76002 80450 84906 89359 93809 98264 102719 107170 111357
X Table Note 5 72078 76572 81053 85543 90029 94513 99001 103489 107974 112192
C Table Note 5 73159 77721 82269 86826 91379 95931 100486 105041 109594 113875
D 74256 78887 83503 88128 92750 97370 101993 106617 111238 115583
SE-RES-03
$ 86902 90329 93760 97186 100621 104052 107482 110908 114340 118769
A Table Note 5 88640 92136 95635 99130 102633 106133 109632 113126 116627 121144
B Table Note 5 90413 93979 97548 101113 104686 108256 111825 115389 118960 123567
X Table Note 5 91091 94684 98280 101871 105471 109068 112664 116254 119852 124494
C Table Note 5 92457 96104 99754 103399 107053 110704 114354 117998 121650 126361
D 93844 97546 101250 104950 108659 112365 116069 119768 123475 128256
SE-RES-04
$ 104072 107881 111688 115497 119307 123122 126919 131868
A Table Note 5 106153 110039 113922 117807 121693 125584 129457 134505
B Table Note 5 108276 112240 116200 120163 124127 128096 132046 137195
X Table Note 5 109088 113082 117072 121064 125058 129057 133036 138224
C Table Note 5 110724 114778 118828 122880 126934 130993 135032 140297
D 112385 116500 120610 124723 128838 132958 137057 142401
SE-RES-05
$ 113952 118129 122295 126465 130636 134803 138976 144351
A Table Note 5 116231 120492 124741 128994 133249 137499 141756 147238
B Table Note 5 118556 122902 127236 131574 135914 140249 144591 150183
X Table Note 5 119445 123824 128190 132561 136933 141301 145675 151309
C Table Note 5 121237 125681 130113 134549 138987 143421 147860 153579
D 123056 127566 132065 136567 141072 145572 150078 155883

Table Note

Table Note 5

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase for a compounded total of 4.04%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase and a 0.75% wage adjustment for a compounded total of 6.393%. These revised rates of pay will be reflected on employees' pay statements upon implementation of prospective salary increases.

Return to table note 5  referrer

SE-REM – Research Manager Group (BUD 99516)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
A: Effective October 1, 2018 Table Note 6
B: Effective October 1, 2019 Table Note 6
X: Effective October 1, 2020 Table Note 6
C: Effective October 1, 2020 Table Note 6
D: Effective October 1, 2021

SE-REM-01
$ 88665 92092 95523 98953 102383 105811 109243 112671 116104 119240
A Table Note 6 90438 93934 97433 100932 104431 107927 111428 114924 118426 121625
B Table Note 6 92247 95813 99382 102951 106520 110086 113657 117222 120795 124058
X Table Note 6 93400 97011 100624 104238 107852 111462 115078 118687 122305 125609
C Table Note 6 94801 98466 102133 105802 109470 113134 116804 120467 124140 127493
D 96223 99943 103665 107389 111112 114831 118556 122274 126002 129405
SE-REM-02
$ 102236 105704 109170 112643 116104 119570 123039 126507 129970 133143
A Table Note 6 104281 107818 111353 114896 118426 121961 125500 129037 132569 135806
B Table Note 6 106367 109974 113580 117194 120795 124400 128010 131618 135220 138522
X Table Note 6 107697 111349 115000 118659 122305 125955 129610 133263 136910 140254
C Table Note 6 109312 113019 116725 120439 124140 127844 131554 135262 138964 142358
D 110952 114714 118476 122246 126002 129762 133527 137291 141048 144493

Table Note

Table Note 6

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase. Changes to the pay rates will not appear on employees' pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase for a compounded total of 4.04%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase and a 1.25% wage adjustment for a compounded total of 6.921%. These revised rates of pay will be reflected on employees' pay statements upon implementation of prospective salary increases.

Return to table note 6  referrer

SR – Regulatory Science Group (BUD 99600)

Annual Rates of Pay (in dollars)

$: Effective October 1, 2017
X: Effective October 1, 2018 Table Note 7
A: Effective October 1, 2018 Table Note 7
Y: Effective October 1, 2019 Table Note 7
B: Effective October 1, 2019 Table Note 7
C: Effective October 1, 2020 Table Note 7
D: Effective October 1, 2021

SR-01
$ 55519 56644 58838 61031 63230 65426 67991 69759
X Table Note 7 55963 57097 59309 61519 63736 65949 68535 70317
A Table Note 7 57082 58239 60495 62749 65011 67268 69906 71723
Y Table Note 7 57196 58355 60616 62874 65141 67403 70046 71866
B Table Note 7 58340 59522 61828 64131 66444 68751 71447 73303
C Table Note 7 59215 60415 62755 65093 67441 69782 72519 74403
D 60103 61321 63696 66069 68453 70829 73607 75519
SR-02
$ 62018 64676 67354 70014 72681 75350 78014 80386 82798
X Table Note 7 62514 65193 67893 70574 73262 75953 78638 81029 83460
A Table Note 7 63764 66497 69251 71985 74727 77472 80211 82650 85129
Y Table Note 7 63892 66630 69390 72129 74876 77627 80371 82815 85299
B Table Note 7 65170 67963 70778 73572 76374 79180 81978 84471 87005
C Table Note 7 66148 68982 71840 74676 77520 80368 83208 85738 88310
D 67140 70017 72918 75796 78683 81574 84456 87024 89635
SR-03
$ 76982 80188 83401 86601 89547 92202 96786 98208
X Table Note 7 77598 80830 84068 87294 90263 92940 97560 98994
A Table Note 7 79150 82447 85749 89040 92068 94799 99511 100974
Y Table Note 7 79308 82612 85920 89218 92252 94989 99710 101176
B Table Note 7 80894 84264 87638 91002 94097 96889 101704 103200
C Table Note 7 82107 85528 88953 92367 95508 98342 103230 104748
D 83339 86811 90287 93753 96941 99817 104778 106319
SR-04
$ 90724 94110 97485 100871 103960 107079 108343 112427
X Table Note 7 91450 94863 98265 101678 104792 107936 109210 113326
A Table Note 7 93279 96760 100230 103712 106888 110095 111394 115593
Y Table Note 7 93466 96954 100430 103919 107102 110315 111617 115824
B Table Note 7 95335 98893 102439 105997 109244 112521 113849 118140
C Table Note 7 96765 100376 103976 107587 110883 114209 115557 119912
D 98216 101882 105536 109201 112546 115922 117290 121711
SR-05
$ 103204 106944 110562 113884 117204 119537 122704
X Table Note 7 104030 107800 111446 114795 118142 120493 123686
A Table Note 7 106111 109956 113675 117091 120505 122903 126160
Y Table Note 7 106323 110176 113902 117325 120746 123149 126412
B Table Note 7 108449 112380 116180 119672 123161 125612 128940
C Table Note 7 110076 114066 117923 121467 125008 127496 130874
D 111727 115777 119692 123289 126883 129408 132837

Table Note

Table Note 7

Rates of pay will change within 180 days after the signing of the collective agreement. In accordance with Appendix "K", rates prior to the salary change will be paid as lump sum payments:

  1. Year 1: Retroactive lump sum payment equal to a 2% economic increase and 0.8% wage adjustment for a compounded total of 2.816%. Changes to the pay rates will not appear on employees’ pay statements.
  2. Year 2: Retroactive lump sum payment equal to year 1 increases plus a 2% economic increase and a 0.2% wage adjustment for a compounded total of 5.082%. Changes to the pay rates will not appear on employees' pay statements.
  3. Year 3: Retroactive lump sum payment equal to year 2 increases plus a 1.5% economic increase for a compounded total of 6.658%. These revised rates of pay will be reflected on employees’ pay statements upon implementation of prospective salary increases.

Return to table note 7  referrer

**Pay Notes

**Pay Notes 1 to 9 inclusive do not apply to employees classified in the SE group.

(A) Pay Increments – General

(See specific notes for exceptions)

Pay Increments for Full-Time and Part-Time Employees

(1) The pay increment period for all employees is twelve (12) months and a pay increment shall be to the next rate in the scale of rates.

(2) The pay increment date for employees appointed to a position in the bargaining unit on promotion, demotion or from outside the Public Service on or after the date of signing of this agreement 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 employees received their last pay increment.

**(B) Pay Increments – Specific:

Employees paid in that part of a scale of rates identified by $10 intermediate steps (ES-01, EN-ENG-01, and CO Developmental)

Pay Increments for Full-Time and Part-Time Employees

(4) For all employees paid in that part of a scale of rates identified by $10 intermediate steps, the pay increment period is six (6) months and a pay increment shall be four hundred dollars ($400), or such higher amount that the Employer may determine, provided that the last rate in that part of the scale of rates identified by $10 intermediate steps is not exceeded.

(5) An increase from that part of a scale identified by $10 intermediate steps to the first step in the fixed incremental part of the scale shall take place on the date on which the Employer certifies that the employee should be paid at that rate.

(6) Every employee being paid in that part of a scale identified by $10 intermediate steps will have his performance reviewed by the Employer within two (2) years of his appointment to that part of the scale with a view to ascertaining whether the employee should be paid at the first step in the fixed incremental part of the scale. On the basis of this review, the Employer will decide whether to certify that the employee should be paid at that point in time at the first step in that part of the scale. An employee who continues to be paid in that part of the scale identified by $10 intermediate steps after the second anniversary of his appointment will have his performance reviewed at least annually thereafter.

**(C) Pay Adjustments

(7) Except in the case of employees being paid in that part of a scale of rates identified by $10 intermediate steps, an employee shall, on the relevant effective date of adjustment to rates of pay, be paid in the "A", "B", "C" or "D", scales of rates at the rate shown immediately below his former rate.

  1. **EN-ENG, ES and SR employees shall, on October 1, 2018, in the "X" scale, prior to moving to the "A" scale, move to the rate shown immediately below his former rate.
  2. **EN-ENG, ES and SR employees shall, on October 1, 2019, in the "Y" scale, prior to moving to the "B" scale, move to the rate shown immediately below his former rate.
  3. **PG employees shall, on October 1, 2020, in the "X" scale, prior to moving to the "C" scale, move to the rate shown immediately below his former rate.

**(8) CO employees being paid in that part of a scale of rates identified by $10 intermediate steps shall, on the relevant effective date of adjustment to rates of pay, be paid in the:

  1. **"A" scale of rates at a rate which is nearest to but not more than 2% higher than his former rate of pay;
  2. **"B" scale of rates at a rate which is nearest to but not more than 2% higher than his former rate of pay;
  3. **"C" scale of rates at a rate which is nearest to but not more than 1.5% higher than his former rate of pay;
  4. **"D" scale of rates at a rate which is nearest to but not more than 1.5% higher than his former rate of pay;

**(9) EN-ENG employees being paid in that part of a scale of rates identified by $10 intermediate steps shall, on the relevant effective date of adjustment to rates of pay, be paid in the:

  1. **"X" scale of rates at a rate which is nearest to but not more than 0.8% higher than his former rate of pay;
  2. **"A" scale of rates at a rate which is nearest to but not more than 2% higher than his former rate of pay;
  3. **"Y" scale of rates at a rate which is nearest to but not more than 0.2% higher than his former rate of pay;
  4. **"B" scale of rates at a rate which is nearest to but not more than 2% higher than his former rate of pay;
  5. **"C" scale of rates at a rate which is nearest to but not more than 1.5% higher than his former rate of pay;
  6. **"D" scale of rates at a rate which is nearest to but not more than 1.5% higher than his former rate of pay;

Pay Notes 10 to 14 inclusive apply only to employees classified in the SE group.

*(D) PAY INCREMENTS

Pay Increments for Full-Time and Part-Time Employees

*(10) The pay increment period for all employees is twelve (12) months and the pay increment date is April 1st. A pay increment shall be to the next higher rate in the scale of rates.

*(11)

  1. *Notwithstanding Pay Note 10 an employee who is initially appointed from outside the Public Service or is promoted into the Scientific Research classification or promoted between the RES and REM classifications shall be considered for a first pay increment on the first (1st) of April immediately following the employee's date of appointment, provided:
    1. the employee's appointment date was on or before the preceding October 1st,
      and
    2. the employee has earned at least six (6) complete months' pay.
  2. *Notwithstanding Pay Note 11 (a), an employee who is transferred to the Scientific Research classification shall be considered for a first pay increment on the first (1st) of April immediately following the employee's date of appointment, provided the employee did not receive an increment in his former classification since the preceding October 1st.
  3. If an employee does not meet the requirements in (a) or (b) above, the employee shall not be eligible for a first pay increment until the next following increment date of April 1st.

*(12) A complete month, for the purpose of this clause, is one in which the employee has earned at least ten (10) days' pay.

**(E) PAY Adjustment

*(13) An employee shall, on the relevant effective date of adjustment to rates of pay, be paid in the "A", "B", "C" or "D", scales of rates at the rate shown immediately below his former rate.

**(14) An employee shall, on October 1, 2020, in the "X" scale, prior to moving to the "C" scale, move to the rate shown immediately below his former rate.

**Lowest Increment Table

CO Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
CO-01 2571 2623 2662 2702
CO-02 3703 3777 3834 3891
CO-03 3882 3960 4019 4080
CO-04 4186 4270 4334 4399
EN-ENG Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
EN-ENG-02 2377 2429 2466 2503
EN-ENG-03 2897 2961 3005 3050
EN-ENG-04 2930 2995 3040 3085
EN-ENG-05 3757 3840 3898 3957
EN-ENG-06 4003 4091 4152 4215
ES Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
ES-02 1614 1650 1675 1700
ES-03 2375 2427 2463 2500
ES-04 2569 2626 2665 2705
ES-05 2900 2964 3009 3054
ES-06 3401 3476 3528 3581
ES-07 3145 3215 3263 3312
PG Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
PG-01 2162 2206 2256 2289
PG-02 2473 2523 2580 2618
PG-03 2759 2814 2878 2921
PG-04 3264 3329 3405 3456
PG-05 3622 3695 3779 3835
PG-06 1821 1857 1899 1928
SE Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
SE-RES-01 2905 2964 3030 3075
SE-RES-02 4105 4187 4281 4345
SE-RES-03 3494 3564 3644 3699
SE-RES-04 3873 3950 4039 4099
SE-RES-05 4249 4334 4432 4499
SE-REM-01 3199 3263 3353 3403
SE-REM-02 3237 3302 3394 3445
SR Group
Oct. 1/18 Oct. 1/19 Oct. 1/20 Oct. 1/21
SR-01 1157 1182 1200 1218
SR-02 2439 2493 2530 2568
SR-03 1463 1496 1518 1541
SR-04 1299 1328 1348 1368
SR-05 2398 2451 2488 2525

**Appendix B – Employment Transition

Canadian Food Inspection Agency
Employment Transition
Scientific and Analytical (S&A) Group

General

Application

This Appendix applies to all indeterminate employees within the S&A 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 (1) 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 lump sum payment, equivalent to the Transitional Support Measure (see Annex A), plus a reimbursement of tuition from a recognized learning institution, book and relevant equipment costs, up to a maximum of fifteen thousand dollars ($15,000.00).
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 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/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 reappointment 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 (1) 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/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 and twenty (120) days to consider the Options of Part 6.4 of this Appendix.
Pay (rémunération)
has the same meaning as "rate of pay" in the employee's collective agreement.
President (Président(e))
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 Agency's Travel Policy.
Reinstatement priority (priorité de réintégration)
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 by the President declaring him or her surplus.
Surplus status (statut d'employé excédentaire)
An indeterminate employee is in surplus status from the date her or she is declared surplus until the date of lay-off, until he or she is indeterminately appointed to another position, until his/her surplus status is rescinded, or until the employee resigns.
Transition Support Measure (mesure de soutien à la transition)
is one (1) of three (3) options provided to an opting employee for whom the President cannot guarantee a reasonable job offer. The Transition Support Measure is a lump sum payment based on the opting employee's years of service, as per Annex A. Years of service is the combined years of service in the Public Service, including years of service with the Agency.
Twelve (12) -Month Surplus Priority Period in which to secure a reasonable job offer (Priorité d'employé excédentaire d'une durée de douze (12) mois pour trouver une offre d'emploi raisonnable)
is one (1) of three (3) options provided to an opting employee for whom the President cannot guarantee a reasonable job offer.
Enquiries

Enquiries about this Appendix should be referred to the employee's Bargaining Agent, or to the Human Resource 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 this Appendix to the Collective Bargaining and Labour Relations Directorate of the Human Resources Branch of the Agency.

Enquiries 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 employee's 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:

  1. establish joint Union/Management employment transition committees, where appropriate, to advise and consult on employment transition situations within the Agency, and
  2. notify PIPSC of the responsible officers who will administer this Appendix.

Terms of reference of such committee shall include a process for addressing alternation requests.

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 the appointment 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 for that date on;
    or
  2. is an opting employee and has access to the Options provided in section 6.4 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 they know 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 and 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 and 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 6.4 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/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/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/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/she shall advise the employee, and his/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 no 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 traveling to interviews for possible appointments within the Agency and of relocation to a new location shall be born by the Agency. Such costs shall be consistent with the Agency's Travel and Relocation policies, as amended from time to time.

1.1.20 For the purposes of the Agency's 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 Agency's Travel Directive, laid-off persons traveling to interviews for possible appointment within the Agency are deemed to be "other persons traveling 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, and their use of contracted out services, employees appointed for a specified period (terms) and all other non-indeterminate employees. Where practicable, the Agency shall not engage or 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 (1) month before the proposed lay-off date, if appointment efforts have been unsuccessful. Such notice shall be sent to the President of PIPSC.

1.1.27 When a surplus employee refuses a reasonable job offer, he or she shall be subject to lay-off one (1) month following the refusal, but not before six (6) 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 resume;
  5. the employee's 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 (the alternation process, 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 Human Resource 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;
  12. advising the employee that refusal of a reasonable job offer will jeopardize both chances for retraining and overall employment continuity;
  13. the options for employees not in receipt of a guarantee of a reasonable job offer, the one hundred and twenty (120) day consideration period that includes access to the alternation process;
  14. advise advise employees to seek out proposed alternations and submit requests for approval as soon as possible after being informed they will not be receiving a guarantee of a reasonable job offer; and
  15. advising employees of the right to be represented by the Institute in the application of this Appendix.

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 involuntarily 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 surplus 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 the 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.

1.2 Employees

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 resumes);
  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 of Part VI of this Appendix;
  2. communicating their choice of Options, in writing, to their manager no later than one hundred and twenty (120) days after being declared opting; and
  3. submitting the alternation request to management before the close of the one hundred and twenty (120) day period, if arranging an alternation with an unaffected employee.

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 four (4) working days 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 a 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 6.4 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 their 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 retraining.

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 retraining 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 they know 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 and twenty (120) days from the date they receive written notice that they are an opting employee to consider and decide among the three Options below; and

The employee may also participate in the alternation process in accordance with section 6.3 of this Appendix within the one hundred and twenty (120) day window before a decision is required of them in 6.1.3.

6.1.3 The opting employee must choose, in writing, one (1) of the three (3) Options of section 6.4 of this Appendix within the one hundred and twenty (120) day opting period. The employee cannot change Options once having made a written choice. The Agency shall send a copy of the employee’s choice to the President of PIPSC.

6.1.4 If the employee fails to select an Option within the one hundred and 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 and twenty (120) day opting period and prior to the written acceptance of either the Twelve (12)-Month Surplus Priority Period, the Transition Support Measure or the Education Allowance Option, the employee becomes ineligible for the TSM, the pay in lieu of unfulfilled surplus period or the Education Allowance.

6.1.6 A copy of any letter issued by the Agency under this part or notice of lay-off pursuant to the Canadian Food Inspection Agency Act shall be sent forthwith to the President of PIPSC.

**6.2 Voluntary Programs

**The Voluntary Departure Program supports employees in leaving the public service when placed in affected status prior to entering an Assessment and Selection of Employees for Retention process, and does not apply if the President can provide a guarantee of a reasonable job offer (GRJO) to affected employees in the work unit.

**6.2.1 The Agency shall establish internal voluntary departure programs for all employment transition situations in which the workforce will be reduced and that involves five (5) or more affected employees working at the same group and level within the same work unit and where the President cannot provide a guarantee of a reasonable job offer.

6.2.2 When such voluntary programs are established, employees who volunteer and who are selected for employment transition will be made opting employees.

6.2.3 When the number of volunteers is larger than the required number of positions to be eliminated, volunteers will be selected based on seniority (total years of service in the Public Service, whether continuous or discontinuous).

6.3 Alternation

6.3.1 The Agency will participate in an alternation process.

6.3.2 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 the Appendix.

6.3.3

  1. Only opting and surplus employees who are surplus as a result of having chosen Option (a) may alternate into an indeterminate position that remains in the Agency.
  2. If an alternation is proposed for a surplus employee, as opposed to an opting employee, the Transition Support Measure that is available to the alternate under 6.4.1(b) or 6.4.1(c)(i) shall be reduced by one (1) week for each completed week between the beginning of the employee’s surplus priority period and the date the alternation is proposed.

6.3.4 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.

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

6.3.6 The opting employee moving into the unaffected position must be, to the degree determined by the Employer, able to 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.

6.3.7 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.

6.3.8 An alternation must occur on a given date. The two (2) employees involved directly exchange positions on that given date. There is no provision in alternation for a "domino" effect or for "future considerations".

For clarity, the alternation of positions shall take place on a given date after approval but may take place after the opting one hundred and twenty (120) day period, such as when the processing of the approved alternation is delayed due to administrative requirements.

6.4 Options

6.4.1 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.
    2. At the request of the employee, this Twelve (12)-Month Surplus Priority Period shall be extended by the unused portion of the one hundred and twenty (120) day opting period referred to in 6.1.2 which remains once the employee has selected in writing Option (a).
    3. When a surplus employee who has chosen, or is deemed to have chosen, Option (a) offers to resign before the end of the twelve-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 they chosen Option (b) – The Transition Support Measure.
    4. 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 lump sum payment based on the employee's years of service (see Annex A) made to an opting employee. Years of service is the combined years of service in the public service, including years of service with the Agency. The TSM shall be paid in one (1) or two (2) lump sum amounts, at the employee's request over a maximum two (2) year period. 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 fifteen thousand dollars ($15,000.00) for reimbursement of receipted expenses of an opting employee for tuition from a learning institution and costs of books and relevant 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. The TSM shall be paid in one (1) or two (2) lump sum amounts, at the employee's request over a maximum two (2) year period;
      or
    2. delay their departure date and go on leave without pay for a maximum period of two years, while attending the learning institution. The TSM shall be paid in one (1) or two (2) lump-sum amounts over a maximum two (2) 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.

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

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

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

6.4.5 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.

6.4.6 Opting employees who choose Option (b) or Option (c) above will be entitled to up to one thousand dollars ($1000.00) for receipted expenses incurred in obtaining financial planning advice.

6.4.7 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, IV or V of the Financial Administration 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.

6.4.8 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.

6.4.9 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.

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

6.5 Retention payment

6.5.1 There are two (2) situations in which an employee may be eligible to receive a retention payment. These are total facility closures and relocation of work units.

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

6.5.3 An individual who has received a retention payment and, as applicable, is either reappointed to that portion of the Public Service of Canada specified from time to time in the Financial Administration Act Schedules i, IV and V, 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.

6.5.4 The provisions of 6.5.5 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.

6.5.5 Subject to 6.5.4, 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.

6.5.6 The provisions of 6.5.7 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.

6.5.7 Subject to 6.5.6, 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 in the Public 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 7
45 4

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 Table

Vacation Conversion Table
Annual Days Annual Hours Days per Month Monthly Hours
15 112.5 1 1⁄4 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 1⁄4 16.875
30 225 2 1⁄2 18.75

Appendix D – Memorandum of Understanding 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, with effect from December 13, 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.
  4. 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 that 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 Agreement on disclosing information

Memorandum of Agreement (MOA) between Canadian Food Inspection Agency and Professional Institute of the Public Service of Canada

The parties will:

  1. Request that the FPSLREB endorse this entire MOA providing it with the force of a Board Order, with which the parties shall comply.

The Employer will:

  1. on a quarterly basis, disclose to the Bargaining Agent the home mailing addresses and home telephone numbers of its employees belonging to the S&A bargaining unit that the Employer possesses in its human resources information system. The Employer will endeavour to provide this information to the Bargaining Agent within four months of the FPSLREB Order endorsing this MOA;
  2. subject to the receipt of an express written consent from the Public Service Alliance of Canada (PSAC) granting permission to use the business process and system developed for the PSAC (Public Service Alliance of Canada v. Treasury Board, 2008 FPSLREB 43) for the sole purpose of transmitting employee home contact data to the Bargaining Agent, the Employer agrees to provide the data as outlined in paragraph 1;
  3. provide the data in a flat file comma delimited format specified in Appendix A (field lengths to be confirmed);
  4. prior to the initial disclosure of the information outlined in paragraph 1 above, the Employer and the Bargaining Agent will jointly advise employees that the information will be disclosed. The message will explain the reasons why the information is being disclosed. Attached to the joint message will be the Board Order. Any questions concerning the disclosure will be directed to the Bargaining Agent. The joint message is attached to this agreement as Appendix B;
  5. password protect or encrypt the home contact information transmitted from the Employer to the Bargaining Agent to ensure its safe transmission;
  6. notify an employee, upon his or her initial appointment to a position in the Scientific and Analytical (S&A) Group bargaining unit, that his or her home contact information will be shared with the Bargaining Agent for purposes of collective bargaining.

The Bargaining Agent will:

  1. agree that this is a full and final settlement of all claims they have, or shall have in respect of home contact information for employees in the bargaining unit, against Her Majesty in right of Canada, Her employees, agents and servants arising out of this application and, subject to the provisions of the FPSLRA, agrees not to take any proceeding of any manner with respect to them;
  2. ensure that the disclosed information is used solely for the legitimate purposes of the Bargaining Agent in accordance with the FPSLRA;
  3. ensure that the disclosed information will be securely stored and protected;
  4. respect the privacy rights of the employees in the bargaining units;
  5. acknowledge that the Employer is bound by the Privacy Act with respect to the protection of personal information as defined in that Act. The Bargaining Agent shall manage the personal information disclosed under this Memorandum of Agreement in accordance with the principles of fair information practices embodied in the Privacy Act and the Privacy Regulations. Specifically, it will keep private and confidential any such personal information disclosed by the Employer to the Bargaining Agent under this Memorandum of Agreement;
  6. for the sake of clarity, the Bargaining Agent shall among other things:
    1. not disclose the personal information to anyone other than Bargaining Agent officials that are responsible for fulfilling the Bargaining Agent's legitimate obligations in accordance with the FPSLRA;
    2. not use, copy or compile the personal information for any purposes other than those for which it was provided under this agreement;
    3. respect the principles of the Government Security Policy for the security and disposal of this personal information; and
    4. ensure that all Bargaining Agent officials that have access to the disclosed information comply with all the provisions of this agreement;
  7. recognize the sensitivity of the information being disclosed with respect to personal security of employees, especially where inadvertent mishandling/disclosure of this information could result in serious safety concerns, and accordingly, will ensure vigilant management and monitoring controls on this information at all times in light of these potential risks to employees and their families;
  8. recognize that the information provided from the Employer's databases in place at the time of disclosure was provided by employees and that the Employer will not be held liable should a strike vote be challenged. The Bargaining Agent is responsible for updating its own database;
  9. securely dispose of the home contact information provided by the Employer after it has been replaced by current home contact information.

The terms and conditions of this agreement are made without prejudice or precedent.

Signed at Ottawa this 6th day of March, 2012

Canadian Food Inspection Agency
Pierre Girard

Professional Institute of the Public Service of Canada
Suzelle Brosseau

Appendix A

Union Address File (UAF) Draft (To Be Determined-Under Discussion)
Person To PWGSC To Union
PRI (9) Num (9) Y N
IAN (9) Num (9) N Y
Union Address File (UAF) Draft (To Be Determined-Under Discussion)
Person Name To PWGSC To Union
Mixed Char (4) Prefix Name Y Y
Mixed Char (30) Person Given Name Y Y
Mixed Char (6) Initials Name Y Y
Mixed Char (30) Person Family Name Y Y
Mixed Char (15) Suffix Name Y Y
Union Address File (UAF) Draft (To Be Determined-Under Discussion)
Person Address To PWGSC To Union
Mixed Char (55) Prefix Address Line (X4) Y Y
Mixed Char (30) Municipality/City Name Y Y
Mixed Char (30) Province / Territory Y Y
Upper Char (30) Country Postal Code Y Y
Upper Char (10)
Person Telephone Y
Num (3) International Country Y Y
Num (3) Area City Code Y Y
Num (7) Subscriber Number Y Y
Example 999999999,mrs,greer,hl,
garson,phd,123 somewhere lane, around the corner,
Ottawa, NS, Canada,
e8n4e6,0116139999999		 888888888,mrs,greer,hl,
garson,phd,123 somewhere lane around
the corner,Ottawa, NS,
Canada,
e8n4e6, 0116139999999

Appendix B

Message to Employees in the Scientific and Analytical (S&A) Bargaining Unit Represented by the Professional Institute of the Public Service of Canada (PIPSC)

With the introduction of the Federal Public Sector Labour Relations Act (PSLRA), Bargaining Agents who conduct strike votes must now permit all employees in the bargaining unit to participate in those votes, not merely members of the union in good standing, as was previously the case.

In order for the PIPSC to comply with its obligations under the FPSLRA to give proper notice of strike votes to all employees, and also to fulfill its other duties in accordance with the FPSLRA, it is necessary that the Employer disclose to the PIPSC the home contact information for all employees in the bargaining unit.

The provision of this information is governed by an order of the Federal Public Sector Labour Relations and Employment Board, which is attached. The information provided to the PIPSC will be used for the legitimate purposes of the union and its security is to be carefully maintained. The FPSLREB order sets out the privacy and security safeguards to which your information will be subject.

To this end, it is in every employee's interest that their contact information be kept up to date with their Bargaining Agent. You are therefore encouraged to submit your current contact information to the PIPSC and to advise your union of any changes to that information that may occur in the future.

You can provide your contact information via the PIPSC website or by communicating with the PIPSC at 1-800-267-0446.

Thank you for your attention and cooperation. Should you have any questions arising from this message, please do not hesitate to communicate with the PIPSC at the above number.

**Appendix F – Memorandum of Agreement on supporting employee wellness

Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with respect to supporting employee wellness

The parties recognize that this agreement is conditional upon the conclusion of a renewed Memorandum of Agreement (MOA) on Supporting Employee Wellness between Treasury Board and the Professional Institute of the Public Service of Canada.

Upon signature of a revised MOA, the parties agree to take the necessary steps to implement applicable changes that will result once an agreement is reached on the Employee Wellness Support Program (EWSP).

The parties agree to continue the current practice of working collaboratively to address concerns with respect to employee wellness and the reintegration of employees into the workforce after periods of leave due to illness or injury.

Appendix G – Memorandum of Agreement on Scientific integrity

Memorandum of Agreement between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with respect to scientific integrity

The purpose of this MOA is to establish a framework for the joint development of a Scientific Integrity policy and guidelines between PIPSC and the CFIA

The parties to this Agreement recognize that scientific integrity constitutes an integral part of the Agency's and employee's work. Ensuring and enhancing scientific integrity is vital to the decision making process in the public administration and is the responsibility of all employees. It enables decision makers to draw upon high quality, wide-ranging and robust scientific and social scientific evidence for informed decision making. Scientific integrity involves the application of concepts of transparency, openness, high quality work, avoidance of conflict of interest and ensuring high standards of impartiality and research ethics. In this context, the parties recognize the need to promote a culture of scientific integrity within government science and research.

The Government of Canada firmly believes that government science should be publicly available and is an important part of an evidence-based decision-making process.

The Directive on the Management of Communications stipulates that spokespersons and subject matter experts may speak publicly about their own area of expertise and research, while respecting the Values and Ethics Code for the Public Sector. Along with other Deputy Heads, the CFIA's President has been asked to provide their ongoing attention to the implementation of the policy requirements within the CFIA that allow government scientists to speak publicly about their work. As part of the implementation, the President of CFIA should communicate directly with the employees of the Agency to ensure they are aware of the communications policy and how it applies to them.

The parties recognize the importance of balancing the requirements of scientific integrity and those of the Values and Ethics Code for the Public Sector as adopted April 2, 2012.

The principles and guidelines of scientific integrity include the release of scientific information and data to the public in a timely manner and in keeping with the Government of Canada's Directive on Open Government; the attribution and acknowledgement of the contributions of Government of Canada science/scientists; where appropriate, acknowledgement in official publications or communications where a significant (meaningful) contribution to programs, policy or regulations has been made, including the names and roles of those who made significant contributions to the research.

Further, principles and guidelines on scientific integrity ensure that science is of high quality, free from political, commercial, and client interference; and ensure the education of employees of the Agency on the role of science in evidence-based decision making. The Government of Canada recognizes the importance of professional development, and the employee's role in the development of government policy or advice.

Implementation and Governance:

The CFIA shall be required to develop its own Scientific Integrity Policy and Procedures in consultation with PIPSC Representatives. Such policies shall address the principles/guidelines outlined above, including the right to speak publicly as identified in the Collective Agreement. This shall be completed within eighteen (18) months of the signing of this MOA. The parties note that departments in the core public administration, in consultation with PIPSC, will endeavour to create a common policy that can be used as a model by the CFIA when developing their own Scientific Integrity Policy.

The CFIA shall report annually at the National Union-Management Consultation Committee (NUMCC) on the progress toward implementing this MOA and a CFIA policy. In addition, the Secretary of the Treasury Board, the Chief Science Advisor, once appointed and the President of PIPSC, will meet annually to take stock of progress and decide on course correction.

The Parties agree that the deadlines in this MOU can only be extended by mutual agreement in writing.

**Appendix H – Memorandum of Understanding – Agreement with respect to leave for union business – cost recovery

Memorandum of Understanding Agreement with respect to leave for union business – cost recovery

This Memorandum of Understanding (MOU) is to give effect to an agreement reached between the Canadian Food Inspection Agency (the Employer) and the Professional Institute of the Public Service of Canada (the Institute) to implement a system of cost recovery for leave for union business.

The parties agree to this MOU as a direct result of current Phoenix pay system implementation concerns related to the administration of leave without pay for union business.

Leave granted to an employee under clauses C5.02, C5.10, C5.11, C5.13 and C5.14(a) of the collective agreement will be with pay for a total cumulative maximum period of three (3) months per fiscal year.

Its agreed that leave with pay granted under the above-noted clauses for union business will be paid for by the Employer, pursuant to this MOU, effective upon its signature.

The Institute shall then reimburse the Employer for the total salary paid, including allowances if applicable, for each person-day, in addition to which shall also be paid to the Employer by the Institute an amount equal to six percent (6%) of the total salary paid for each person-day, which sum represents the Employer's contribution for the benefits the employee acquired at work during the period of approved leave with pay pursuant to this MoU.

Leave with pay in excess of the total cumulative maximum period of three (3) months per fiscal year may be granted under the above noted clauses in reasonably limited circumstances. Where leave with pay is extended under such circumstances, the Institute shall reimburse the Employer for the total salary paid, including applicable allowances, for each person-day, plus an amount equal to thirteen decimal three percent (13.3%) of the total salary paid for the period exceeding three (3) months.

Under no circumstances will leave with pay under the above noted clause be granted for any single consecutive period exceeding three (3) months, or for cumulative periods exceeding six (6) months in a twelve (12) month period.

This MOU does not alter the approval threshold for union leave. Should an employee be denied extended leave with pay exceeding three (3) cumulative months or a single consecutive three (3) month period within a fiscal year and the employee's union leave is otherwise approved pursuant to the relevant clauses at article C5, they shall take the leave as leave without pay.

On a bi-monthly basis, and within 120 days of the end of the relevant period of leave, the hiring Agency will invoice the Institute for the amount owed to them by virtue of this understanding. The amount of the gross salaries and the number of days of leave taken for each employee will be included in the statement.

The Institute agrees to reimburse the Agency for the invoice within sixty (60) days of the date of the invoice.

This Memorandum of Understanding expires on September 30, 2022 or upon implementation of the Next Generation HR and Pay system, whichever comes first, unless otherwise agreed by the parties.

**Appendix I – Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with respect to Workplace Harassment

This memorandum is to give effect to the agreement reached between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada (the Institute).

The Parties acknowledge the collaborative work and meaningful consultation between the Employer and the Institute at a national level and recognize that efforts to prevent and resolve harassment must be sustained and on-going.

Both parties share the objective of creating healthy work environments that are free from harassment and violence. In the context of the passage of Bill C-65 An Act to amend the Canada Labour Code by the Government of Canada, as well as the Clerk of the Privy Council's initiative to take action to eliminate workplace harassment, the Employer is developing a new policy covering both harassment and violence situations.

During this process, the Employer will continue to consult with the Union through the National Occupational Safety and Health Policy Committee (NOSH PC) on the final development of the policy which will include the following:

The implementation and application of this policy do not fall within the purview of this MOU or the collective agreement.

This memorandum expires upon issuance of the new policy or September 30, 2022, whichever comes first.

**Appendix J – Memorandum of Understanding between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada with respect to gender inclusive language

This memorandum is to give effect to the agreement reached between the Canadian Food Inspection Agency and the Professional Institute of the Public Service of Canada regarding the review of language in the VM, IN, and S&A collective agreements.

Both parties are committed to and support gender neutrality and inclusivity. To that end, the parties commit to, during the life of the above noted collective agreements, establishing a Joint Committee to review the collective agreements to identify opportunities to render the language more gender inclusive. The parties agree that any changes in language will not result in changes in application, scope or value.

Both parties acknowledge that gender inclusivity is more difficult to achieve in the French language compared to the English language, but are committed nonetheless to further supporting and increasing gender neutrality and inclusivity in the collective agreement.

The Joint Committee agrees to begin its work in 2020 and will endeavour to finalize the review by December 2021. These timelines may be extended by mutual agreement. The parties further agree that the Joint Committee will use the work completed by the Treasury Board of Canada and the Professional Institute of the Public Service of Canada on gender inclusive language, once completed, as a starting point for its review.

**Appendix K – 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

Notwithstanding the provisions of clause E1.06 on the calculation of retroactive payments, this memorandum is to give effect to the understanding reached between the Employer and the Professional Institute of the Public Service of Canada regarding a modified approach to the calculation and administration of retroactive payments for the current round of negotiations.

  1. Calculation of retroactive payments
    1. Retroactive calculations that determine amounts payable to employees for a retroactive period shall be made based on all transactions that have been entered into the pay system up to the date on which the historical salary records for the retroactive period are retrieved for the calculation of the retroactive payment.
    2. Retroactive amounts will be calculated by applying the relevant percentage increases indicated in the collective agreement rather than based on pay tables in agreement annexes. The value of the retroactive payment will differ from that calculated using the traditional approach, as no rounding will be applied. The payment of retroactive amount will not affect pension entitlements or contributions relative to previous methods, except in respect of the rounding differences.
    3. Elements of salary traditionally included in the calculation of retroactivity will continue to be included in the retroactive payment calculation and administration, and will maintain their pensionable status as applicable. The elements of salary included in the historical salary records and therefore included in the calculation of retroactivity include:
      • Substantive salary
      • Promotions
      • Deployments
      • Acting pay
      • Extra duty pay/Overtime
      • Additional hours worked
      • Maternity leave allowance
      • Parental leave allowance
      • Vacation leave and extra duty pay cash-out
      • Severance pay
      • Salary for the month of death
      • Transition Support Measure
      • Eligible allowances and supplemental salary depending on collective agreement
    4. The payment of retroactive amounts related to transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved, such as acting pay, promotions, overtime and/or deployments, will not be considered in determining whether an agreement has been implemented.
    5. Any outstanding pay transactions will be processed once they are entered into the pay system and any retroactive payment from the collective agreement will be issued to impacted employees.
  2. Implementation
    1. The effective dates for economic increases will be specified in the agreement. Other provisions of the collective agreement will be effective as follows:
      1. All components of the agreement unrelated to pay administration will come into force on signature of agreement.
      2. Changes to existing compensation elements and new compensation elements such as premiums, allowances, insurance premiums and coverage and changes to overtime rates will become effective within one-hundred and eighty (180) days after signature of agreement, on the date at which prospective elements of compensation increases will be implemented under 2(b)(i).
      3. Payment of premiums, allowances, insurance premiums and coverage and overtime rates in the collective agreement will continue to be paid until changes come into force as stipulated in 2(a)(ii).
    2. Collective agreement will be implemented over the following timeframes:
      1. The prospective elements of compensation increases (such as prospective salary rate changes and other compensation elements such as premiums, allowances, changes to overtime rates) will be implemented within one-hundred and eighty (180) days after signature of agreement where there is no need for manual intervention.
      2. Retroactive amounts payable to employees will be implemented within one-hundred and eighty (180) days after signature of the agreement where there is no need for manual intervention.
      3. Prospective compensation increases and retroactive amounts that require manual processing by compensation advisors will be implemented within five-hundred and sixty (560) days after signature of agreement. Manual intervention is generally required for employees on an extended period of leave without pay (e.g., maternity/parental leave), salary protected employees and those with transactions such as leave with income averaging, pre-retirement transition leave and employees paid below minimum, above maximum or in between steps. Manual intervention may also be required for specific accounts with complex salary history.
  3. Employee Recourse
    1. An employee who is in the bargaining unit for all or part of the period between the first day of the collective agreement (i.e., the day after the expiry of the previous collective agreement) and the signature date of the collective agreement will be entitled to a non-pensionable amount of five hundred dollars ($500) payable within one-hundred and eighty (180) days of signature, in recognition of extended implementation timeframes and the significant number of transactions that have not been entered in the pay system as of the date when the historical salary records are retrieved.
    2. Employees in the bargaining unit for whom the collective agreement is not implemented within one-hundred and eighty one (181) days after signature will be entitled to a fifty dollar ($50) non-pensionable amount; these employees will be entitled to an additional fifty dollar ($50) non-pensionable amount for every subsequent complete period of ninety (90) days their collective agreement is not implemented. These amounts will be included in their final retroactive payment.
    3. If an employee is eligible for compensation in respect of section 3 under more than one collective agreement, the following applies: the employee shall receive only one non-pensionable amount of four hundred dollars ($400); for any period under 3(b), the employee may receive one fifty $50 payment.
    4. Should the Treasury Board of Canada negotiate higher amounts for 3(a) or 3(b) with any other bargaining agent representing Core Public Administration employees, CFIA will compensate PIPSC members for the difference in an administratively feasible manner.
    5. Employees for whom collective agreement implementation requires manual intervention will be notified of the delay within one-hundred and eighty (180) days after signature of the agreement.
    6. Employees will be provided a detailed breakdown of the retroactive payments received and may request that the departmental compensation unit or the Public Service Pay Centre verify the calculation of their retroactive payments, where they believe these amounts are incorrect. The Employer will consult with the Institute regarding the format of the detailed breakdown.
    7. In such a circumstance, for employees in organizations serviced by the Pay Centre, they must first complete a Phoenix feedback form indicating what period they believe is missing from their pay.
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