Treasury Board of Canada Secretariat
Policy on Terms and Conditions of Employment
Policy
Policy on Terms and Conditions of Employment
(Publié aussi en français sous le titre Politique sur les conditions d’emploi)
Table of Contents
Policy objective
Policy statement
Application
Policy requirements
Monitoring
References
Enquiries
for unrepresented and excluded employees
for represented employees
AppendixA – Public Service Terms and Conditions of Employment Regulations
Application
Interpretation
Continuous employment5
Delegation
Hours of work
Overtime
Leave
Remuneration – General
Remuneration – Acting assignment
Bilingualism bonus
Discipline, termination of employment and demotion
Death benefit
Casual and seasonal employees
Casual employees
Seasonal employees
Annex A – Interim Exceptions to the Public Service Terms and Conditions of Employment Regulations for Certain Unrepresented Employees
Application
PartI
PartII
May 20, 1993Page 1
Treasury Board of Canada Secretariat
Policy on Terms and Conditions of Employment
Policy objective
To achieve consistent application of terms and conditions of employment in the Public Service.
Policy statement
The terms and conditions of employment of employees, including casuals, terms, parttime workers and excluded and unrepresented employees, are as set out in the relevant collective agreement and as supplemented in the Public Service Terms and Conditions of Employment Regulations (AppendixA) and other relevant policies contained in this manual.
Application
These terms and conditions apply to all employees in organizations listed in ScheduleI, PartI of the Public Service Staff Relations Act, except those classified in the Executive Group.
Policy requirements
The terms and conditions of employment will be applied on a mandatory or discretionary basis as indicated.
Except as provided in Sections53 to 69 and AnnexA, where the terms and conditions may be in conflict with those set out in the relevant collective agreement, the latter will apply.
Monitoring
Treasury Board Secretariat will monitor departmental performance by:
–periodically reviewing departmental application of the regulations; and
–reviewing audit and evaluation reports on the application of the regulations.
References
Financial Administration Act
Public Service Staff Relations Act
Public Service Employment Act
Public Service Superannuation Act.
Collective Agreements
This chapter replaces chapter21 of PMM Volume8.
Enquiries
Enquiries about this policy should be referred to the responsible officers in departmental headquarters who, in turn, may direct questions regarding policy interpretation to the following:
for unrepresented and excluded employees
Public Service Employment Adjustment Group
Human Resources Development Division
Human Resources Policy Branch
Treasury Board Secretariat
for represented employees
Staff Relations Division
Human Resources Policy Branch
Treasury Board Secretariat.
AppendixA – Public Service Terms and Conditions of Employment Regulations
(Effective September1, 1990)
Application
1.These regulations apply to all non executive group employees whether they were appointed before or after these regulations came into force on March13, 1967 (TB 665757). Exceptions made for certain senior level employees are contained in AnnexA to these regulations.
Interpretation
2.In these regulations,
acting assignment is a situation where an employee is required to perform temporarily the duties of a higher classification level for at least the qualifying period specified in the relevant collective agreement or the terms and conditions of employment applicable to the employee’s substantive level (affectation intérimaire);
allowance means compensation payable
(i)in respect of a position, or in respect of the positions in a group by reason of duties of a special nature,
(ii)for duties that an employee is required to perform in addition to the duties of his or her position (indemnité);
Canadian Forces has the same meaning as regular force in the Public Service Superannuation Act (Forces canadiennes);
casual employee means
(a)a person employed on a casual basis pursuant to the Public Service Employment Act; or
(b)any other person employed for a specified period pursuant to the Public Service Employment Act unless the term of employment is for a period of three months or more, or the person has been employed for a period of three months or more with no break in employment in excess of five working days (employé occasionnel);
deployment means an assignment to another position, made pursuant to the Public Service Employment Act (mutation);
deputy head means
(i)in relation to a department, the deputy minister thereof;
(ii)in relation to any other portion of the Public Service, the chief executive officer thereof, or, if there is no chief executive officer, the person designated by the Governor in Council as deputy head for purposes of the Public Service Employment Act (administrateur général);
employee means a person employed in PartI Service, classified in one of the occupational categories defined and listed in Section2 of the Public Service Staff Relations Act other than a person who is employed as a teacher, or a principal in the Department of Indian Affairs and Northern Development, a person to whom the Ships’ Crews Regulations, 1964, the Ships’ Officers Regulations, 1964 apply, or any person whose terms and conditions of employment are set out in the Management Category Terms and Conditions of Employment Directive (employé);
enactment includes a regulation, order, directive or other instrument made under the authority of an Act (édit);
former Act means the Civil Service Act, chapter 57 of the Statutes of Canada, 1960-61 (loi précédente);
former regulations means the regulations made pursuant to the former Act (règlement précédent);
higher classification level, in the context of an acting assignment, means a level where the maximum annual rate of pay exceeds the maximum annual rate of pay of the employee’s substantive level (niveau de classification supérieur);
lay-off means a person whose employment in PartI Service has been terminated pursuant to Section29 of the Public Service Employment Act (personne mise en disponibilité);
old Act means the Civil Service Act, chapter 48 of the Revised Statutes of Canada, 1952 (ancienne loi);
old regulations means the regulations made pursuant to the old Act (ancien règlement);
overtime means time worked by an employee in excess of the standard daily or weekly hours of work and for which the employee may be entitled to compensation pursuant to the provisions of the relevant collective agreement or Treasury Board authority (temps supplémentaire);
PartI Service means the departments and agencies listed in PartI, ScheduleI of the Public Service Staff Relations Act (service de la partieI);
part-time employee means a person employed to work less than the normal daily or weekly hours of work established for a full-time employee of the same occupational group and level (employé à temps partiel);
pay increment period means, in respect of a position, the period between pay increments for the position (période d’augmentation de rémunération);
Public Service has the meaning given to that expression in the Public Service Superannuation Act (fonction publique);
relevant collective agreement means the collective agreement for the bargaining unit to which the employee is assigned or would be assigned were the employee not excluded. For the Personnel Administration Group, the Organization and Methods Group and the Management Trainee Group, the relevant collective agreement is that applying to the Program Administration Group. The relevant collective agreement for employees who are students participating in a formal cooperative or work experience program, or who are employed under a summer employment program shall be the collective agreement of the predominant group whose duties are being understudied or performed during the work term (convention collective applicable);
remuneration means pay and allowances (rémunération);
seasonal employee means an employee performing duties of a seasonal nature (employé saisonnier);
substantive level means the group and level to which an employee has been appointed or deployed under the Public Service Employment Act, other than in an acting assignment situation; (niveau de titularisation).
Continuous employment
3.For the purpose of these regulations the following periods count as continuous employment:
(A)In respect of a person appointed to PartI Service as an indeterminate employee:
(i)immediately prior service in PartI Service or the Public Service on an indeterminate basis, or on a specified term basis for three months or more;
(ii)a combination of prior service in PartI Service and the Public Service on an indeterminate basis, or on a specified term basis for three months or more;
(iii)immediately prior service in the Canadian Armed Forces or the Royal Canadian Mounted Police, provided that the person was honourably released and has made or makes a valid election to contribute for that service under the Public Service Superannuation Act (the effective date will be the date the election is completed)
provided that these periods of service are not separated by more than three months;
(iv)service other than as a casual employee in the office of a minister or the leader of the opposition in the House of Commons, and service in PartI Service immediately prior to such service provided that such person ceased to be employed in such office because the person holding such position ceased to hold it; and
(v)immediately prior service in PartI Service as a casual employee, provided that such service is not separated by more than five working days.
(B)In respect of a person appointed to PartI Service on an indeterminate basis following lay-off from PartI Service:
(i)all prior continuous employment at the time the person was laid off and all service between the date of initial lay-off and subsequent indeterminate appointment in PartI Service.
(C)In respect of a person appointed to PartI Service as a casual employee:
(i)immediately prior service in PartI Service as a casual employee, provided that such service is not separated by more than five working days;
(ii)immediately prior service in PartI Service on an indeterminate basis, or on a specified term basis for three months or more, provided that such service is not separated by more than three months; and
(iii)periods of service that constituted continuous employment for such person prior to that person’s lay-off from PartI Service.
4.For the purpose of Section3, any period of service in PartI Service or the Public Service prior to a termination by reason of dismissal, discharge, release or declaration of abandonment of position does not constitute continuous employment.
5.When before March13, 1967, an employee was employed in an organization that now forms part of PartI Service, any period of service that constituted continuous employment for the purposes of:
(a)the regulations made pursuant to the Civil Service Act, chapter 57 of the Statutes of Canada, 1960-61; or
(b)any other enactment that determined the entitlement to or duration of vacation, furlough or retiring leave of persons in the Public Service
shall count as continuous employment, provided that the employee was employed in such organization on March13, 1967, or had terminated or had been laid off from such organization and whose reappointment to PartI Service on or after March13, 1967, would constitute continuous employment.
Delegation
6.A deputy head may authorize any person employed in his or her department to exercise any of the powers, functions or duties of the deputy head under these regulations.
Hours of work
7.The working day of every employee shall commence and terminate each day at the hours fixed by the deputy head.
Overtime
8.An employee shall be compensated for overtime only where
(a)the deputy head has required the employee to work overtime;
(b)the employee does not control the duration of the period that he or she works overtime; and
(c)management has certified the duration of the overtime worked and authorized compensation.
Leave
Vacation leave
9.Where a person was, immediately prior to becoming an employee, employed in the Public Service, the deputy head may grant to him or her vacation leave for a number of days equal to the number of days’ vacation leave he or she earned in the Public Service but had not been granted prior to becoming an employee.
10.Where an employee who has been granted leave of absence without pay is appointed to the Public Service for a fixed term, the deputy head may, when that employee resumes the duties of his or her position, grant to him or her leave of absence with pay for a number of days equal to the number of days of vacation leave the employee earned during the employment in the Public Service and which had not been granted to the employee during the term of that employment.
11.Where an employee’s previous service in the Canadian Forces or the Royal Canadian Mounted Police counts for continuous employment pursuant to Sections3 to 5 of these regulations, the increase in continuous employment for vacation leave purposes shall be effective from the date of the valid election.
12.Vacation leave earned but not granted under any former enactment shall be taken at such time as the deputy head may specify.
13.An employee who, on the coming into force of these regulations, has not been granted all or part of 5 weeks leave with pay authorized pursuant to any former enactment which granted a single entitlement to 5 weeks leave with pay after 20 years of continuous employment (furlough leave), may request and be granted any remaining entitlement or part thereof at such time as the deputy head specifies.
Sick leave
14.Sick leave credits accumulated by an employee under the old Act and regulations and former Act and regulations shall be deemed to have been earned by that employee pursuant to the provisions of these regulations.
Sick leave earned in the Public Service
15.Where a person who ceased to be employed in the Public Service becomes an employee subject to these regulations, and his or her employment in the Public Service and employment subject to these regulations constitutes continuous employment, he or she shall, on appointment, be deemed to have earned sick leave credits earned but not granted during his or her period of employment in the Public Service.
16.Where in the portion of the Public Service in which a person described in Section15 was employed
(a)no provision was made for the earning of sick leave credits, or
(b)no record exists of the amount of sick leave credits earned by that person
he or she shall be deemed to have earned one-third of the leave he or she would have earned if the employment in the Public Service had been employment in PartI Service.
Leave for appeals
17.A deputy head shall grant leave with pay to every employee, other than an employee on leave without pay or under suspension:
(a)for the purpose of making an appeal before a Board established pursuant to the Public Service Employment Act;
(b)who is called as a witness by an appellant or by a Board described in paragraph(a);
(c)who is acting as the representative of an appellant before a Board described in paragraph(a); or
(d)who is a successful candidate in a personnel selection process, who wishes to attend an appeal hearing before a Board established pursuant to the Public Service Employment Act to hear an appeal related to that selection process.
Allowances during leave with pay
18.Where an employee in receipt of an allowance is granted leave of absence with pay, the allowance shall be granted in addition to pay if the deputy head certifies that the duties in respect of which the employee is being paid the allowance were assigned to the employee on a continuing basis or for a period of two or more months.
Calculation of leave earned outside PartI Service
19.Notwithstanding anything in these regulations, an employee who is granted leave of absence without pay for the purpose of undertaking employment in the Public Service shall, on termination of that leave of absence, be deemed to have earned in PartI Service,
(a)the sick or special leave he or she earned but had not been granted in the Public Service where a provision is made for the earning of sick or special leave by an employee in that portion of the Public Service in which he or she was employed; or
(b)one-third of the leave he or she would have earned if his or her employment in the Public Service had been employment in PartI Service where no provision is made in the portion of the Public Service in which he or she was employed for the earning of sick or special leave or no record exists of the amount of sick or special leave earned by that employee.
Remuneration – General
Entitlement to remuneration
20.(1)Subject to these regulations and any other enactment of the Treasury Board, an employee is entitled to be paid, for services rendered, the appropriate rate of pay in the relevant collective agreement or the rate approved by the Treasury Board for the group and level of the employee’s classification.
20.(2)Unless modified by these regulations, the rates of pay and allowances and any other compensation established by the Treasury Board in effect immediately before the coming into force of these regulations and the conditions respecting their payment shall continue in effect.
Dual remuneration
21.Unless authorized by or under an Act of Parliament, no payment additional to the remuneration applicable to an employee’s position (hereinafter referred to as “his or her regular position”) shall be made out of the Consolidated Revenue Fund to an employee in respect of any service rendered by the employee unless the deputy head of the organization in which the employee occupies his or her regular position certifies that, in his or her opinion, the performance of the additional service does not impair the employee’s effectiveness in his or her regular position.
Rate of pay on appointment or deployment
22.Subject to these regulations and any other enactment of the Treasury Board, the rate of pay of a person on appointment to PartI Service shall be the minimum rate applicable to the position to which the employee is appointed.
23.The rate of pay on appointment or deployment of an employee, a person in the Public Service, a member of the Royal Canadian Mounted Police or of the Canadian Armed Forces to a position to which these regulations apply, shall be established in accordance with the promotion, deployment and transfer by appointment or demotion rules as applicable.
Rate of pay on promotion
24.(1)The appointment of an employee described in Section23 constitutes a promotion where the maximum rate of pay applicable to the position to which that person is appointed exceeds the maximum rate of pay applicable to the employee’s substantive level immediately before that appointment by:
(a)an amount equal to at least the lowest pay increment for the position to which he or she is appointed, where that position has more than one rate of pay; or