1.01 The purpose of this agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the lawyers and the Association, to set forth certain terms and conditions of employment relating to remuneration, hours of work, lawyer benefits and general working conditions affecting lawyers covered by this agreement.
1.02 The parties to this agreement share a desire to improve the quality of the public service of Canada, to maintain professional standards and to promote the well-being and increased efficiency of its lawyers to the end that the people of Canada will be well and effectively served. Accordingly, they are determined to establish within the framework provided by law, an effective working relationship at all levels of the public service in which members of the bargaining units are employed.
1.03 The Employer recognizes the Association as the exclusive bargaining agent for all lawyers in the bargaining unit as described in paragraph 2.01(a), and agrees to bargain collectively in accordance with the provisions of the Federal Public Sector Labour Relations Act (FPSLRA).
2.01 For the purpose of this agreement:
a. Association” (« Association ») means the Association of Justice Counsel; b. “bargaining unit” (« unité de négociation ») means all the employees of the Employer in the Law Practitioner Group, as described in the certificate issued by the former Public Service Labour Relations Board on the twelfth (12th) day of September 2007 and as amended July 7, 2014, by the Federal Public Sector Labour Relations and Employment Board (FPSLREB);
c. “common-law partner” (« conjoint de fait ») refers to a person cohabiting in a conjugal relationship with a lawyer for a continuous period of at least one (1) year. d. “continuous employment” (« emploi continu ») has the same meaning as defined in the Directive on Terms and Conditions of Employment on the date of the signing of this agreement; e. “daily rate of pay” (« taux de rémunération journalier ») means a lawyer weekly rate of pay divided by five (5); f. “day of rest” (« jour de repos ») in relation to a lawyer means a day other than a designated paid holiday on which that lawyer is not ordinarily required to perform the duties of his position other than by reason of his being on leave; g. “designated paid holiday” (« jour férié désigné payé ») means the twenty-four (24) hour period commencing at 00:01 hours of a day designated as a holiday in this agreement; h. “Employer” (« Employeur ») means His Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board; i. “headquarters area” (« zone d’affectation ») has the same meaning as given to the expression in the Travel Directive; j. “hourly rate of pay” (« taux de rémunération horaire ») means a full-time lawyer’s weekly rate of pay divided by thirty-seven decimal five (37.5); k. “layoff” (« mise en disponibilité ») means the termination of a lawyer’s employment because of lack of work or because of the discontinuance of a function; l. “leave” (« congé ») means authorized absence from duty; m. “membership dues” (« cotisation syndicales ») means the dues established pursuant to the by-laws and regulations of the Association as the dues payable by its members as a consequence of their membership in the Association, and shall not include any initiation fee, insurance premium, or special levy; n. “weekly rate of pay” (« taux de rémunération hebdomadaire ») means a lawyer’s annual rate of pay divided by fifty-two decimal one seven six (52.176);
2.02 Except as otherwise provided in this agreement, expressions used in this agreement:
2.03 In this collective agreement, where the term “lawyer” is used, it includes all employees covered by this collective agreement. For greater certainty it includes notaries in the province of Quebec and all articling students.
3.01 Both the English and French texts of this agreement are official.
4.01 The parties agree that, in the event of a dispute arising out of the interpretation of a clause or article of this agreement, the parties should meet within a reasonable time and seek to resolve the problem. This article does not prevent a lawyer from availing himself of the grievance procedure provided in this agreement.
5.01 All the functions, rights, powers and authority which the Employer has not specifically abridged, delegated or modified by this agreement are recognized by the Association as being retained by the Employer.
5.02 The Employer will act reasonably, fairly and in good faith in administering this agreement.
(Arbitral award dated October 23, 2009, provision of clauses 5.01 and 5.02 effective November 1, 2009)
6.01 Nothing in this agreement shall be construed as an abridgement or restriction of any lawyer’s constitutional rights or of any right expressly conferred in an act of the Parliament of Canada.
7.01 The Employer acknowledges the right of the Association to appoint lawyers as representatives.
7.02 The Employer and the Association shall, by mutual agreement, determine the area of jurisdiction of each representative, having regard to the plan of organization and the distribution of lawyers. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
7.03 The Association shall notify the Employer promptly and in writing of the names and jurisdiction of its representatives.
7.04 Leave for representatives
Operational requirements permitting, the Employer shall grant leave with pay to a lawyer to enable him to carry out his functions as a representative on the Employer’s premises. When the discharge of these functions requires a lawyer who is a representative to leave his normal place of work, the lawyer shall report his return to his supervisor whenever practicable. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
8.01 The provisions of this agreement apply to the Association, lawyers and the Employer.
8.02 In this agreement, words importing the masculine gender shall include the feminine gender.
9.01 The Employer agrees to supply the Association on a quarterly basis with a list of all lawyers in the bargaining unit. The list referred to herein shall include the name, employing department, geographical location and classification of the lawyer and shall be provided within one (1) month following the termination of each quarter. As soon as practicable, the Employer agrees to add to the above list the date of appointment for new lawyers. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
9.02 The Employer agrees to supply each lawyer with a copy of the collective agreement and any amendments thereto. For the purpose of satisfying the Employer’s obligation under this clause, lawyers may be given electronic access to this agreement. Where electronic access to the agreement is unavailable or impractical, the lawyer shall be supplied, on request, with a printed copy of the agreement.
9.03 Upon the written request of a lawyer, the Employer shall make available at a mutually satisfactory time National Joint Council agreements listed in clause 30.03 which have a direct bearing on the requesting lawyer’s terms and conditions of employment. For the purpose of satisfying the Employer’s obligation under this clause, lawyers may be given electronic access to the agreements.
9.04 The Employer agrees to distribute to each new lawyer an information package prepared and supplied by the Association. Such information package shall require the prior approval of the Employer. The Employer shall have the right to refuse to distribute any information that it considers adverse to its interests or to the interests of any of its representatives.
9.05 The Employer shall, no less frequently than on a monthly basis, provide the Association with a list of any changes made to current excluded positions, including any positions that will no longer be excluded and any positions that have been proposed for exclusion. This information shall include the rationale for any proposed exclusion, the position number and names of the incumbents of such positions, the employing department or agency and organizational unit, and the geographical location of the lawyer. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
10.01 Access by an Association representative
A representative appointed by the Association may be permitted access to the Employer’s premises on stated Association business and to attend meetings called by management. Permission to enter the premises shall, in each case, be obtained from the Employer. Such permission shall not be unreasonably withheld.
10.02 Bulletin boards
Reasonable space on bulletin boards, including electronic bulletin boards where available, will be made available to the Association for the posting of official notices, in convenient locations determined by the Employer and the Association. Notices or other material shall require the prior approval of the Employer, except notices relating to the business affairs of the Association and social and recreational events. The Employer shall have the right to refuse the posting of any information which he considers adverse to his interests or to the interests of any of his representatives.
10.03 Association literature
The Employer shall continue its present practice of making available to the Association, specific locations on its premises for the placement of reasonable quantities of Association literature.
11.01 FPSLREB hearings
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
11.02 Arbitration Board, Public Interest Commission and Alternate Dispute Resolution Process
11.03 Adjudication
11.04 Meetings during the grievance process
11.05 Contract negotiations meetings
Where operational requirements permit, the Employer will grant leave without pay to a lawyer for the purpose of attending contract negotiations meetings on behalf of the Association. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
11.06 Preparatory contract negotiations meetings
Where operational requirements permit, the Employer will grant leave without pay to a lawyer to attend preparatory contract negotiations meetings. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
11.07 Meetings between the Association and management
Where operational requirements permit, the Employer will grant leave with pay to a lawyer to attend meetings with management on behalf of the Association. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
11.08 Association Executive Council meetings and conventions
Where operational requirements permit, the Employer will grant leave without pay to a lawyer to attend Executive Council meetings and conventions of the Association. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
11.09 Representatives’ training courses
12.01 The Employer will deduct an amount equal to the membership dues from the pay of all lawyers in the bargaining unit.
12.02 The Association shall inform the Employer in writing of the authorized deduction to be checked off for each lawyer in the bargaining unit.
12.03 For the purpose of applying clause 12.01, deductions from pay for each lawyer will start the first (1st) day of the month following the employment to the extent that earnings are available. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
12.04 A lawyer who satisfies the Association as to the bona fides of his or her claim and declares in an affidavit that he or she is a member of a religious organization whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization and that he or she will make contributions to a charitable organization registered pursuant to the Income Tax Act, equal to dues, shall not be subject to this article, provided that the affidavit submitted by the lawyer is countersigned by an official representative of the religious organization involved. The Association will inform the Employer accordingly.
12.05 No employee organization, as defined in section 2 of the FPSLRA, other than the Association, shall be permitted to have membership dues and/or other monies deducted by the Employer from the pay of lawyers in the bargaining unit.
12.06 The amounts deducted in accordance with clause 12.01 shall be remitted to the Association within a reasonable period of time after deductions are made and shall be accompanied by particulars identifying each lawyer and the deductions made on his behalf. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
12.07 The Association agrees to indemnify and save the Employer harmless against any claim or liability arising out of the application of this article except for any claim or liability arising out of an error committed by the Employer that shall be limited to the amount of the unremitted membership dues.
12.08 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.
13.01 General
13.02 Standby
13.03 Reimbursement of meal expenses
(Paragraph 13.03a. – Arbitral award dated October 23, 2009, provision effective November 1, 2009)
As of April 1, 2013, this article is deleted from the collective agreement.
15.01 Except as provided in clauses 15.02 to 15.08 inclusive, the terms and conditions governing the application of pay to lawyers are not affected by this agreement.
15.02 A lawyer is entitled to be paid for services rendered at:
15.03 Rates of pay
15.04 Only rates of pay which have been paid to a lawyer during the retroactive period will be recomputed and the difference between the amount paid on the old rates of pay and the amount payable on the new rates of pay will be paid to the lawyer.
15.05 Acting pay
15.06 The performance pay plan in Appendix “B” will apply to lawyers at the LP-01, LP-02 and LP-03 levels and the performance pay plan in Appendix “C” will apply to lawyers at the LP-04 and LP-05 levels.
15.07 Pay administration
When two (2) or more of the following actions occur on the same date, namely appointment, pay increment, pay revision, the lawyer’s rate of pay shall be calculated in the following sequence:
16.01 Subject to clause 16.02, the following days shall be designated paid holidays for lawyers:
16.02 A lawyer absent without pay on both his full working day immediately preceding and his full working day immediately following a designated paid holiday, is not entitled to pay for the holiday, except in the case of a lawyer who is granted leave without pay under the provisions of Article 11 (leave with or without pay for Association business or for other activities, under the FPSLRA.
16.03 Holiday falling on a day of rest
When a day designated as a paid holiday under clause 16.01 coincides with a lawyer’s day of rest, the holiday shall be moved to the lawyer’s first (1st) normal working day following his day of rest.
16.04 When a day designated as a paid holiday for a lawyer is moved to another day under the provisions of clause 16.03:
16.05 Designated paid holiday coinciding with a day of paid leave
Where a day that is a designated paid holiday for a lawyer coincides with a day of leave with pay or is moved as a result of the application of clause 16.03, the designated paid holiday shall not count as a day of leave.
16.06 For greater certainty, lawyers who do not work on a designated paid holiday are entitled to seven decimal five (7.5) hours’ pay at the straight-time rate for the designated paid holiday.
17.01 The vacation year shall be from April 1 to March 31, inclusive.
17.02 Accumulation of vacation leave credits
A lawyer who has earned at least seventy-five (75) hours’ pay for each calendar month of a fiscal year shall earn vacation leave credits at the following rates:
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
Clause 17.03 is a grandparenting clause
17.03 Lawyers who are currently at levels LP-03, LP-04 or LP-05 levels and who are entitled or might become entitled, to twenty-five (25) days of leave before the completion of eighteen (18) years of service, shall continue to qualify for twenty-five (25) days of leave as before. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
17.04 For the purpose of clause 17.02 only, all service within the public service, whether continuous or discontinuous, shall count toward vacation leave except where a person who, on leaving the public service, takes or has taken severance pay. However, the above exception shall not apply to a lawyer who receives severance pay on lay-off and is reappointed to the public service within one (1) year following the date of lay-off.
For the purpose of clause 17.04 only:
17.05 Granting of vacation leave with pay
17.06 A lawyer is entitled to vacation leave with pay to the extent of his earned credits but a lawyer who has completed six (6) months of continuous employment may receive an advance of credits equivalent to the anticipated credits for the current vacation year.
17.07 Where, in respect of any period of vacation leave, a lawyer:
the period of vacation leave so displaced shall either be added to the vacation period if requested by the lawyer and approved by the Employer or reinstated for use at a later date.
17.08 Carry-over and liquidation of vacation leave
17.09 Immediately following March 31, upon application by the lawyer and at the discretion of the Employer, vacation leave credits in excess of one hundred and twelve decimal five (112.5) hours may be paid at the lawyer’s daily rate of pay as calculated from the classification prescribed in the lawyer’s certificate of appointment of his substantive position on March 31.
17.10 Recall from vacation leave with pay
Where, during any period of vacation leave with pay, a lawyer is recalled to duty, the lawyer shall be reimbursed for reasonable expenses, as normally defined by the Employer, that the lawyer incurs:
after submitting such accounts as are normally required by the Employer.
17.11 The lawyer shall not be considered as being on vacation leave with pay during any period in respect of which the lawyer is entitled under clause 17.10 to be reimbursed for reasonable expenses incurred by the lawyer.
17.12 When the Employer cancels or alters a scheduled period of vacation leave of a lawyer, which has been approved in writing in advance, the lawyer shall be reimbursed for the non-returnable portion of vacation contracts and reservations made by the lawyer in respect of that period, subject to presentation of such documentation as the Employer may require. The lawyer must make every reasonable attempt to mitigate any losses incurred and will provide proof of such action to the Employer.
17.13 Leave when employment terminates
When a lawyer dies or otherwise ceases to be employed, he or his estate shall be paid an amount equal to the product obtained by multiplying the number of days of earned but unused vacation leave with pay to his credit by the daily rate of pay applicable to the lawyer’s authorized classification immediately prior to the termination of his employment.
17.14 Vacation leave credits for severance pay
Where the lawyer requests, the Employer shall grant the lawyer the unused vacation leave credits prior to termination of employment if this will enable the lawyer, for purposes of severance pay, to complete the first (1st) year of continuous employment in the case of layoff, and the tenth (10th) year of continuous employment in the case of resignation.
18.01 Credits
A lawyer shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which he receives pay for at least seventy-five (75) hours.
18.02 A lawyer shall be granted sick leave with pay when he is unable to perform his duties because of illness or injury provided that:
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
18.03 A lawyer shall not be granted sick leave with pay during any period in which he is on leave without pay, or under suspension.
18.04 When a lawyer is granted sick leave with pay and injury-on-duty leave is subsequently approved for the same period, it shall be considered for the purpose of the record of sick leave credits that the lawyer was not granted sick leave with pay.
18.05
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
18.06 Unless the lawyer is otherwise informed by the Employer, a statement signed by him stating that because of illness or injury he was unable to perform the lawyer’s duties shall, when delivered to the Employer, be considered as meeting the requirements of paragraph 18.02(a).
The Employer may obtain at any time a medical opinion from Health Canada or its authorized agent on the lawyer’s ability to perform all or some of his duties. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
19.01 In respect to applications for leave made pursuant to this article, the lawyer may be required to provide satisfactory validation of the circumstances necessitating such requests.
19.02 Bereavement leave with pay
For the purpose of this clause, family is defined as the father, mother, child (or, alternatively, stepparent, foster parent, stepchild, foster child, or ward) of the lawyer or the lawyer’s spouse (including common-law partner), brother, stepbrother, sister, stepsister, spouse (including common-law partner), grandchild of the lawyer, the lawyer’s grandparent, father-in-law, mother-in-law, son-in-law, daughter-in-law, or any other relative permanently residing in the lawyer’s household or with whom the lawyer permanently resides, or a person who stands in the place of a relative for the lawyer whether or not there is any degree of consanguinity between such person and the lawyer.
19.03 Maternity leave without pay
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 lawyer was not on maternity leave, to a maximum of eighteen (18) weeks.
19.04 Maternity allowance
19.05 Special maternity allowance for totally disabled lawyers
shall be paid, in respect of each week of maternity allowance not received for the reason described in subparagraph 19.05(a)(i), the difference between ninety-three per cent (93%) of her weekly rate of pay, and the gross amount of her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
19.06 Parental leave without pay
beginning on the day on which the child is born or the day on which the child comes into the lawyer’s care.
beginning on the day on which the child comes into the lawyer’s care.
the period of parental leave without pay specified in the original leave request may be extended by a period equal to that portion of the period of the child’s hospitalization during which the lawyer was not on parental leave. However, the extension shall end not later than one hundred and four (104) weeks after the day on which the child comes into the lawyer’s care.
19.07 Parental allowance
Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two (2) options, either:
Once a lawyer 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 lawyer 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.
19.08 Special parental allowance for totally disabled lawyers
shall be paid, in respect of each week of benefits under the parental allowance not received for the reason described in subparagraph 19.08(a)(i), the difference between ninety-three per cent (93%) of the lawyer’s rate of pay, and the gross amount of his or her weekly disability benefit under the DI Plan, the LTD Plan or via the Government Employees Compensation Act.
19.09 Medical appointment for pregnant lawyers
19.10 Leave without pay for the care of family
Subject to operational requirements, a lawyer shall be granted leave without pay for the care of family in accordance with the following conditions:
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
19.11 Leave without pay for personal needs
Leave without pay will be granted for personal needs, in the following manner:
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
19.12 Leave without pay for relocation of spouse
19.13 Leave with pay for family-related responsibilities
19.14 Volunteer leave
In any fiscal year, a lawyer is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.
Effective on April 1 of the year following the signing of the collective agreement, clause 19.14 (volunteer leave) is deleted from the collective agreement. For greater certainty, both the former clause 19.14 and this transitional language will be removed upon signature of the subsequent collective agreement.
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the lawyer shall be granted, in each fiscal year, a single period of up to seven decimal five (7.5) hours of leave with pay to work as a volunteer for a charitable or community organization or activity, other than for activities related to the Government of Canada Workplace Charitable Campaign;
The leave will be scheduled at a time convenient both to the lawyer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such a time as the lawyer may request.
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
In any fiscal year, a lawyer is entitled to no more than fifteen (15) hours of combined personal and volunteer leave.
19.15 Court leave with pay
Leave with pay shall be given to every lawyer, other than a lawyer already on leave without pay, on education leave, or under suspension who is required:
19.16 Personnel selection leave with pay
Where a lawyer participates in a personnel selection process, including the appeal process where applicable, for a position in the public service, as defined in the FPSLRA, the lawyer is entitled to leave with pay for the period during which the lawyer’s presence is required for purposes of the selection process, and for such further period as the Employer considers reasonable for the lawyer to travel to and from the place where his presence is so required. This clause applies equally in respect of the personnel selection processes related to deployment.
19.17 Injury-on-duty leave with pay
A lawyer shall be granted injury-on-duty leave with pay for such reasonable period as may be determined by the Employer where it is determined by a Provincial Worker’s Compensation Board that he is unable to perform his duties because of:
if the lawyer agrees to pay to the Receiver General for Canada any amount received by him for loss of wages in settlement of any claim he may have in respect of such injury, sickness or exposure, providing, however, that such amount does not stem from a personal disability policy for which the Employer or the lawyer’s agent paid the premium.
19.18 Religious observance
19.19 Other leave with or without pay
At its discretion, the Employer may grant:
Effective on April 1 of the year following the signing of the collective agreement, paragraph 19.19c) is deleted from the collective agreement. For greater certainty, the former paragraph 19.19c) and this transitional language will be removed upon signature of the subsequent collective agreement.
Effective on April 1 of the year following the signing of the collective agreement, the wording in clause 19.14 is replaced with the following:
19.14 Personal leave
Subject to operational requirements as determined by the Employer and with an advance notice of at least five (5) working days, the lawyer shall be granted, in each fiscal year, fifteen (15) hours of 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 a time convenient to both the lawyer and the Employer. Nevertheless, the Employer shall make every reasonable effort to grant the leave at such time as the lawyer may request.
19.20 Maternity-related reassignment or leave
19.21 Caregiving leave
19.22 Domestic violence leave
For the purposes of this clause domestic violence is considered to be any form of abuse or neglect that a lawyer or a lawyer’s child experiences from a family member or someone with whom the lawyer has or had an intimate relationship.
19.23 Leave for traditional Indigenous practices
19.24 Management leave
20.01 General
The parties recognize that in order to maintain and enhance professional expertise, lawyers, from time to time, need to have an opportunity to attend or participate in career development activities described in this article. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
20.02 Education leave
he shall repay the Employer all allowances paid to him under this clause during the education leave or such lesser sum as shall be determined by the Employer.
20.03 Attendance at conferences and conventions
20.04 Professional development
20.05 Selection criteria
(Arbitral award dated October 23, 2009, provision effective November 1, 2009)
20.06 Examination leave with pay
Leave with pay may be granted to a lawyer for the purpose of writing an examination which will require the lawyer’s absence during his normal hours of work. Such leave will be granted only where in the opinion of the Employer the course of study is directly related to the lawyer’s duties or will improve his qualifications.
21.01
21.02 When the employment of a lawyer who has been granted more vacation or sick leave with pay than he has earned is terminated by death or layoff, the lawyer is considered to have earned the amount of leave with pay granted to him.
21.03 The balance of leave with pay credited to a lawyer by the Employer at the time when this agreement is signed, or at a time when he becomes subject to this agreement, shall be retained by the lawyer.
21.04 A lawyer is not entitled to leave with pay during periods he is on leave without pay, on educational leave or under suspension.
21.05 A lawyer shall not be granted two (2) different types of leave with pay in respect of the same period of time.
21.06 Except as otherwise specified in this agreement, where leave without pay for a period in excess of three (3) months is granted to a lawyer 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 from “service” for the purpose of calculating vacation leave; time spent on such leave which is for a period of more than three (3) months shall not be counted for pay increment purposes.
21.07 A lawyer shall not earn or be granted leave credits under this agreement in any month nor in any fiscal year for which leave has already been credited or granted to them under the terms of any other collective agreement or under other rules or regulations applicable to organizations within the federal public administration, as specified in Schedule I, Schedule IV or Schedule V of the Financial Administration Act.
22.01 Under the following circumstances and subject to clause 22.02 a lawyer shall receive severance benefits calculated on the basis of his weekly rate of pay:
22.02 The period of continuous employment used in the calculation of severance benefits payable to a lawyer under this article shall be reduced by any period of continuous employment in respect of which the lawyer was already granted severance pay, retiring leave or a lump-sum payment in lieu of retiring leave. Under no circumstances shall the maximum severance pay provided under this article be pyramided.
For greater certainty, payments for the elimination of severance pay for voluntary separation (resignation and retirement) made pursuant to 22.04 to 22.07 of Appendix “H” or similar provisions in other collective agreements shall be considered as a termination benefit for the administration of this clause.
22.03 The weekly rate of pay referred to in the above clauses shall be the weekly rate of pay to which the lawyer is entitled for the classification prescribed in his certificate of appointment, immediately prior to the termination of his employment.
22.04 For employees who were subject to the payment in lieu of severance for the elimination of severance pay for voluntary separation (resignation and retirement) and who opted to defer their payment, the former provisions outlining the payment in lieu are found at Appendix “H.”
23.01 For the purpose of this article:
23.02
23.03 When a lawyer disagrees with the assessment and/or appraisal of his work he shall have the right to present written counter arguments to the manager(s) or committee(s) responsible for the assessment and/or appraisal decision.
23.04 When a report pertaining to a lawyer’s performance or conduct is placed on that lawyer’s personnel file, the lawyer concerned shall be given an opportunity to sign the report in question to indicate that its contents have been read.
24.01 In cases of alleged misinterpretation or misapplication arising out of agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement and which the parties to this agreement have endorsed, the grievance procedure will be in accordance with section 15.0 of the NJC by-laws.
24.02 The parties recognize the value of informal discussion between lawyers and their supervisors to the end that problems might be resolved without recourse to a formal grievance. When the parties agree in writing to avail themselves of an informal conflict management system established pursuant to section 207 of the FPSLRA, the time limits prescribed in the Article 24 (grievance procedure) are suspended until either party gives the other notice in writing to the contrary.
24.03 In determining the time within which any action is to be taken as prescribed in this procedure, Saturdays, Sundays and designated holidays shall be excluded.
24.04 The time limits stipulated in this procedure may be extended by mutual agreement between the Employer and the lawyer and, where appropriate, the Association representative.
24.05 Where the provisions of clauses 24.07, 24.24 or 24.38 cannot be complied with and it is necessary to present a grievance by mail, the grievance shall be deemed to have been presented on the day on which it is postmarked and it shall be deemed to have been received by the Employer on the day it is delivered to the appropriate office of the department or agency concerned. Similarly the Employer shall be deemed to have delivered a reply at any level on the date on which the letter containing the reply is postmarked, but the time limit within which the griever may present his grievance at the next higher level shall be calculated from the date on which the Employer’s reply was delivered to the address shown on the grievance form.
24.06 A grievance shall not be deemed to be invalid by reason only of the fact that it is not in accordance with the form supplied by the Employer.
24.07 Individual grievances
A lawyer who wishes to present a grievance at any prescribed level in the grievance procedure, shall transmit this grievance to the lawyer’s immediate supervisor or local officer-in-charge who shall forthwith:
24.08 Presentation of grievance
24.09 There shall be a maximum of three (3) levels in the grievance procedure. These levels shall be as follows:
24.10 Representatives
24.11 A lawyer may be assisted and/or represented by the Association when presenting a grievance at any level. The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
24.12 A lawyer may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 24.07, not later than the twenty-fifth (25th) day after the earlier of the day on which the grievor received notification and the day on which the grievor had knowledge of the alleged violation or misinterpretation or any occurrence or matter affecting the grievor’s terms and condition of employment.
24.13 A lawyer may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
24.14 The Employer shall reply to a lawyer’s grievance at any level of the grievance procedure, except the final level, within fifteen (15) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
24.15 Where a lawyer has been represented by the Association in the presentation of his grievance, the Employer will provide the Association with a copy of the Employer’s decision at each level of the grievance procedure at the same time that the Employer’s decision is conveyed to the lawyer.
24.16 Where a grievance has been presented up to and including the final level in the grievance process, and the grievance is not one that may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding and no further action may be taken under the FPSLRA.
24.17 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the lawyer, and, where applicable, the Association.
24.18 Where the Employer demotes or terminates a lawyer pursuant to paragraph 12(1)(c), (d) or (e) of the Financial Administration Act, the grievance procedure set forth in this agreement shall apply, except that grievance may be presented at the final level only.
24.19 A lawyer may by written notice to his immediate supervisor or officer-in-charge withdraw a grievance.
24.20 Any lawyer who fails to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond his control, he was unable to comply with the prescribed time limits.
24.21 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause a lawyer to abandon his grievance or refrain from exercising his right to present a grievance, as provided in this collective agreement.
24.22 Reference to adjudication
24.23 Before referring an individual grievance related to matters referred to in subparagraph 24.22(a)(i), the lawyer must obtain the approval of the Association.
24.24 Group grievances
The Association may present a grievance at any prescribed level in the grievance procedure, and shall transmit this grievance to the officer-in-charge who shall forthwith:
24.25 Presentation of group grievance
24.26 There shall be a maximum of three (3) levels in the grievance procedure. These levels shall be as follows:
24.27 The Employer shall designate a representative at each level in the grievance procedure and shall inform the Association of the title of the person so designated together with the title and address of the officer-in-charge to whom a grievance is to be presented.
24.28 The Association shall have the right to consult with the Employer with respect to a grievance at each or any level of the grievance procedure.
24.29 The Association may present a grievance to the first (1st) level of the procedure in the manner prescribed in clause 24.24, no later than the twenty-fifth (25th) day after the earlier of the day on which the aggrieved lawyers received notification and the day on which they had knowledge of any act, omission or other matter giving rise to the group grievance.
24.30 The Association may present a grievance at each succeeding level in the grievance procedure beyond the first (1st) level either:
24.31 The Employer shall reply to the Association’s grievance at any level of the grievance procedure, except the final level, within twenty (20) days after the grievance is presented, and within thirty (30) days when the grievance is presented at the final level.
24.32 Where it appears that the nature of the grievance is such that a decision cannot be given below a particular level of authority, any or all the levels except the final level may be eliminated by agreement of the Employer and the Association.
24.33 The Association may by written notice to the officer-in-charge withdraw a grievance.
24.34 Opting out of a group grievance
24.35 The Association failing to present a grievance to the next higher level within the prescribed time limits shall be deemed to have abandoned the grievance unless, due to circumstances beyond its control, it was unable to comply with the prescribed time limits.
24.36 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
24.37 Reference to adjudication
24.38 Policy grievances
The Employer and the Association may present a grievance at the prescribed level in the grievance procedure, and forward the grievance to the representative of the Association or the Employer, as the case may be, authorized to deal with the grievance. The party who receives the grievance shall provide the other party with a receipt stating the date on which the grievance was received by him.
24.39 Presentation of policy grievance
24.40 There shall be no more than one (1) level in the grievance procedure.
24.41 The Employer and the Association shall designate a representative and shall notify each other of the title of the person so designated together with the title and address of the officer-in-charge to whom a grievance is to be presented.
24.42 The Employer and the Association may present a grievance in the manner prescribed in clause 24.38, no later than the twenty-fifth (25th) day after the earlier of the day on which it received notification and the day on which it had knowledge of any act, omission or other matter giving rise to the policy grievance.
24.43 The Employer and the Association shall reply to the grievance within fifteen (15) days when the grievance is presented.
24.44 The Employer or the Association, as the case may be, may by written notice to officer-in-charge withdraw a grievance.
24.45 No person shall seek by intimidation, by threat of dismissal or by any other kind of threat to cause the Employer or the Association to abandon the grievance or refrain from exercising the right to present a grievance, as provided in this collective agreement.
24.46 Reference to adjudication
24.47 Expedited adjudication
The parties agree that any adjudicable grievance may be referred to the following expedited adjudication process:
25.01 The parties acknowledge the mutual benefits to be derived from Joint Consultation and will consult on matters of common interest.
25.02 The subjects that may be determined as appropriate for Joint Consultation will be by mutual agreement of the parties.
25.03 Wherever possible, the Employer shall consult with representatives of the Association at the appropriate level about contemplated changes in conditions of employment or working conditions not governed by this agreement.
25.04 Joint Consultation Committee meetings
The Consultation Committees shall be composed of mutually agreeable numbers of lawyers and Employer representatives who shall meet at mutually satisfactory times. Committee meetings shall normally be held on the Employer’s premises during working hours.
25.05 Lawyers forming the continuing membership of the Consultation Committees shall be protected against any loss of normal pay by reason of attendance at such meetings with management, including reasonable travel time where applicable.
25.06 Joint Consultation Committees are prohibited from agreeing to items which would alter any provision of this collective agreement.
26.01 The Employer shall continue to make all reasonable provisions for the occupational safety and health of lawyers. The Employer will welcome suggestions on the subject from the Association and the parties undertake to consult with a view to adopting and expeditiously carrying out reasonable procedures and techniques designed or intended to prevent or reduce the risk of employment injury.
27.01 On application by a lawyer, the Employer shall provide personal references to the prospective employer of such lawyer, indicating length of service, principal duties and responsibilities and performance of such duties.
28.01 The Employer shall reimburse a lawyer for his payment of membership or other fees to a professional organization or organizations when the payment of such fees is necessary to maintain a professional qualification required by the Employer for the performance of any duties and/or responsibilities assigned.
29.01 Where court clothing is required on a regular basis in order for a lawyer to carry out his or her duties, the lawyer will be entitled to be reimbursed for the cost of obtaining one complete set of court clothing, in an amount not to exceed twelve hundred dollars ($1,200), provided the Employer has not paid the lawyer for these items within the preceding five (5) years. Replacement items will be reimbursed where existing items are no longer serviceable. Lawyers will be responsible for the replacement of lost clothing. In addition, lawyers are entitled to be reimbursed, up to one hundred dollars ($100), for the cost of one new shirt each year. Where individual circumstances justify, and with the approval of the Employer, a lawyer will also be entitled to be reimbursed for the cost of additional court clothing which he or she reasonably requires, including shirts. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
30.01 This agreement may be amended by mutual consent. If either party wishes to amend or vary this agreement, it shall give to the other party notice of any amendment proposed and the parties shall meet and discuss such proposal not later than one (1) calendar month after receipt of such notice.
31.01 Agreements concluded by the National Joint Council (NJC) of the public service on items which may be included in a collective agreement, and which the parties to this agreement have endorsed after December 6, 1978, will form part of this collective agreement, subject to the 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.
31.02 NJC items which may be included in a collective agreement are those items which parties to the NJC agreements have designated as such or upon which the of the Chairman FPSLREB has made a ruling pursuant to (c) of the NJC Memorandum of Understanding which became effective on December 6, 1978.
31.03 The following directives, policies or regulations, as amended from time to time by National Joint Council recommendation, which have been approved by the Treasury Board, form part of this collective agreement:
During the term of this collective agreement, other directives, policies or regulations may be added to the above-noted list.
Grievances in regard to the above directives, policies or regulations shall be filed in accordance with clause 24.01 of the article on grievance procedure in this collective agreement.
32.01 Definition
Part-time lawyer means a person whose normal scheduled hours of work on average are less than thirty-seven decimal five (37.5) hours per week, but not less than those prescribed in the FPSLRA.
32.02 General
Part-time lawyers shall be entitled to the benefits provided under this agreement in the same proportion as their normal scheduled weekly hours of work compared with the normal weekly hours of work of full-time lawyers unless otherwise specified in this agreement.
32.03 Part-time lawyers shall be paid at the hourly rate of pay for all work performed up to thirty-seven decimal five (37.5) hours in a week.
32.04 Leave will only be provided:
32.05 Designated holidays
A part-time lawyer shall not be paid for the designated holidays but shall, instead be paid a premium of four decimal six per cent (4.6%) for all straight-time hours worked during the period of part-time employment.
32.06 Subject to Article 13 (hours of work), when a part-time lawyer is required to work on a day which is prescribed as a designated paid holiday for a full-time lawyer in clause 16.01 of this agreement, the lawyer shall be paid the straight-time hourly rate of pay for all hours worked on the holiday.
32.07 Overtime
Notwithstanding clause 32.02, part-time lawyers at the LP-01 and LP-02 levels are entitled to overtime compensation in accordance with the provisions of clause 13.01 (hours of work). Part-time lawyers at the LP-03, LP-04 and LP-05 levels are not entitled to overtime compensation in accordance with Article 13 (hours of work).
32.08 Vacation leave
A part-time lawyer shall earn vacation leave credits for each month in which the lawyer receives pay for at least twice (2) the number of hours in the lawyer’s normal workweek, at the rate for years of employment established in clause 17.01, pro-rated and calculated as follows:
32.09 Sick leave
A part-time lawyer shall earn sick leave credits at the rate of one quarter (1/4) of the number of hours in a lawyer’s normal workweek for each calendar month in which the lawyer has received pay for at least twice (2) the number of hours in the lawyer’s normal workweek.
32.10 Vacation and sick leave administration
32.11 Severance pay
Notwithstanding the provisions of Article 22 (severance pay), where the period of continuous employment in respect of which a severance benefit is to be paid consists of both full-and part-time employment or varying levels of part-time employment, the benefit shall be calculated as follows: the period of continuous employment eligible for severance pay shall be established and the part-time portions shall be consolidated to equivalent full-time. The equivalent full-time period in years shall be multiplied by the full-time weekly pay rate for the appropriate group and level to produce the severance pay benefit.
32.12 The weekly rate of pay referred to in clause 32.11 shall be the weekly rate of pay to which the lawyer is entitled for the classification prescribed in his certificate of appointment, immediately prior to the termination of his employment.
33.01 Upon written request, a lawyer shall be entitled to a complete and current statement of the duties and responsibilities of his position including the position’s classification level and point rating allotted by factor where applicable, and an organization chart depicting the position’s place in the organization.
34.01 Subject to the willingness and capacity of individual lawyers to accept relocation and retraining, the Employer will make every reasonable effort to ensure that any reduction in the workforce will be accomplished through attrition.
35.01 Where written departmental standards of discipline are developed, the Employer agrees to supply sufficient information on the standards of discipline to each lawyer and the Association.
35.02 When a lawyer is required to attend a meeting, the purpose of which is to conduct a disciplinary hearing concerning him or her or to render a disciplinary decision concerning him or her, the lawyer is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the lawyer shall receive a minimum of one (1) day’s notice of such a meeting. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
35.03 Any disciplinary notation placed on any file relating to a lawyer will be removed and will no longer be relied upon for any purpose after two (2) years have elapsed since the disciplinary action was taken, provided that no other related disciplinary action has been taken during this period. This period will automatically be extended by the length of any period of leave without pay. Furthermore, the Employer agrees not to rely upon any adverse document or notation concerning the conduct or performance of a lawyer which was not communicated in writing to the lawyer at the time. (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
36.01 There shall be no discrimination, interference, restriction, coercion, harassment, intimidation, or any disciplinary action exercised or practised with respect to a lawyer by reason of age, race, creed, colour, national or ethnic origin, religious affiliation, sex, sexual orientation, gender identity and gender expression, family status, mental or physical disability, membership or activity in the Association, marital status or a conviction for which a pardon has been granted.
36.02 By mutual agreement, the parties may use a mediator in an attempt to settle a grievance dealing with discrimination. The selection of the mediator will be by mutual agreement.
37.01 Lawyers shall be provided with the following insurance coverage and benefits:
For lawyers at the LP-03, LP-04 and LP-05 levels:
For lawyers at the LP-03, LP-04 and LP-05 levels:
At locations where, as of April 28, 2006, this benefit was provided to lawyers at the LP-01 or LP-02 level, it shall continue to be provided to such lawyers on a “present incumbents only” basis. (Arbitral award dated October 23, 2009, provisions of paragraphs 37.01(a) to 37.01(g) effective November 1, 2009)
38.01 The duration of this collective agreement shall be from the date it is signed to May 9, 2026.
Unless otherwise expressly stipulated, the provisions of this agreement shall become effective on the date it is signed.
Signed at Ottawa, this 3rd day of the month of May 2024.
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 41,565 | 43,518 | 45,566 | 47,707 | 49,949 | 52,295 |
W) May 10, 2022 - Transition to new single pay grid | 41,565 | 43,518 | 45,566 | 47,707 | 49,949 | 52,295 |
A) May 10, 2022 | 43,020 | 45,041 | 47,161 | 49,377 | 51,697 | 54,125 |
X) May 10, 2022 - Wage adjustment | 43,558 | 45,604 | 47,751 | 49,994 | 52,343 | 54,802 |
B) May 10, 2023 | 44,865 | 46,972 | 49,184 | 51,494 | 53,913 | 56,446 |
Y) May 10, 2023 - Payline adjustment | 45,089 | 47,207 | 49,430 | 51,751 | 54,183 | 56,728 |
C) May 10, 2024 | 45,991 | 48,151 | 50,419 | 52,786 | 55,267 | 57,863 |
Z) May 10, 2024 - Wage adjustment | 46,106 | 48,271 | 50,545 | 52,918 | 55,405 | 58,008 |
D) May 10, 2025 | 47,028 | 49,236 | 51,556 | 53,976 | 56,513 | 59,168 |
Effective date | Step 7 | Step 8 | Step 9 | Step 10 | Step 11 | Step 12 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 54,754 | 57,328 | 60,021 | 62,843 | 65,795 | 68,889 |
W) May 10, 2022 - Transition to new single pay grid | 54,754 | 57,328 | 60,021 | 62,843 | 65,795 | 68,889 |
A) May 10, 2022 | 56,670 | 59,334 | 62,122 | 65,043 | 68,098 | 71,300 |
X) May 10, 2022 - Wage adjustment | 57,378 | 60,076 | 62,899 | 65,856 | 68,949 | 72,191 |
B) May 10, 2023 | 59,099 | 61,878 | 64,786 | 67,832 | 71,017 | 74,357 |
Y) May 10, 2023 - Payline adjustment | 59,394 | 62,187 | 65,110 | 68,171 | 71,372 | 74,729 |
C) May 10, 2024 | 60,582 | 63,431 | 66,412 | 69,534 | 72,799 | 76,224 |
Z) May 10, 2024 - Wage adjustment | 60,733 | 63,590 | 66,578 | 69,708 | 72,981 | 76,415 |
D) May 10, 2025 | 61,948 | 64,862 | 67,910 | 71,102 | 74,441 | 77,943 |
Effective date | Step 13 | Step 14 | Step 15 | Step 16 | Step 17 | Step 18 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 72,126 | 75,516 | 79,065 | 82,783 | 86,673 | 90,745 |
W) May 10, 2022 - Transition to new single pay grid | 72,126 | 75,516 | 79,065 | 82,783 | 86,673 | 90,745 |
A) May 10, 2022 | 74,650 | 78,159 | 81,832 | 85,680 | 89,707 | 93,921 |
X) May 10, 2022 - Wage adjustment | 75,583 | 79,136 | 82,855 | 86,751 | 90,828 | 95,095 |
B) May 10, 2023 | 77,850 | 81,510 | 85,341 | 89,354 | 93,553 | 97,948 |
Y) May 10, 2023 - Payline adjustment | 78,239 | 81,918 | 85,768 | 89,801 | 94,021 | 98,438 |
C) May 10, 2024 | 79,804 | 83,556 | 87,483 | 91,597 | 95,901 | 100,407 |
Z) May 10, 2024 - Wage adjustment | 80,004 | 83,765 | 87,702 | 91,826 | 96,141 | 100,658 |
D) May 10, 2025 | 81,604 | 85,440 | 89,456 | 93,663 | 98,064 | 102,671 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | Step 8 |
---|---|---|---|---|---|---|---|---|
$) May 10, 2021 | 82,430 | 86,306 | 90,362 | 94,610 | 99,056 | 103,710 | 108,585 | 113,687 |
W) May 10, 2022 - Transition to new single pay grid | 82,430 | 86,306 | 90,362 | 94,610 | 99,056 | 103,710 | 108,585 | 113,687 |
A) May 10, 2022 | 85,315 | 89,327 | 93,525 | 97,921 | 102,523 | 107,340 | 112,385 | 117,666 |
X) May 10, 2022 - Wage adjustment | 86,381 | 90,444 | 94,694 | 99,145 | 103,805 | 108,682 | 113,790 | 119,137 |
B) May 10, 2023 | 88,972 | 93,157 | 97,535 | 102,119 | 106,919 | 111,942 | 117,204 | 122,711 |
Y) May 10, 2023 - Payline adjustment | 89,417 | 93,623 | 98,023 | 102,630 | 107,454 | 112,502 | 117,790 | 123,325 |
C) May 10, 2024 | 91,205 | 95,495 | 99,983 | 104,683 | 109,603 | 114,752 | 120,146 | 125,792 |
Z) May 10, 2024 - Wage adjustment | 91,433 | 95,734 | 100,233 | 104,945 | 109,877 | 115,039 | 120,446 | 126,106 |
D) May 10, 2025 | 93,262 | 97,649 | 102,238 | 107,044 | 112,075 | 117,340 | 122,855 | 128,628 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 114,884 | 120,283 | 125,936 | 131,854 | 138,053 | 144,541 |
W) May 10, 2022 - Transition to new single pay grid | 115,237 | 120,652 | 126,322 | 132,261 | 138,476 | 144,984 |
A) May 10, 2022 | 119,270 | 124,875 | 130,743 | 136,890 | 143,323 | 150,058 |
X) May 10, 2022 - Wage adjustment | 120,761 | 126,436 | 132,377 | 138,601 | 145,115 | 151,934 |
B) May 10, 2023 | 124,384 | 130,229 | 136,348 | 142,759 | 149,468 | 156,492 |
Y) May 10, 2023 - Payline adjustment | 125,006 | 130,880 | 137,030 | 143,473 | 150,215 | 157,274 |
C) May 10, 2024 | 127,506 | 133,498 | 139,771 | 146,342 | 153,219 | 160,419 |
Z) May 10, 2024 - Wage adjustment | 127,825 | 133,832 | 140,120 | 146,708 | 153,602 | 160,820 |
D) May 10, 2025 | 130,382 | 136,509 | 142,922 | 149,642 | 156,674 | 164,036 |
Effective date | Step 7 | Step 8 | Step 9 | Step 10 | Step 11 |
---|---|---|---|---|---|
$) May 10, 2021 | 151,333 | 158,449 | - | - | - |
W) May 10, 2022 - Transition to new single pay grid | 151,799 | 158,933 | 166,405 | 174,224 | 182,413 |
A) May 10, 2022 | 157,112 | 164,496 | 172,229 | 180,322 | 188,797 |
X) May 10, 2022 - Wage adjustment | 159,076 | 166,552 | 174,382 | 182,576 | 191,157 |
B) May 10, 2023 | 163,848 | 171,549 | 179,613 | 188,053 | 196,892 |
Y) May 10, 2023 - Payline adjustment | 164,667 | 172,407 | 180,511 | 188,993 | 197,876 |
C) May 10, 2024 | 167,960 | 175,855 | 184,121 | 192,773 | 201,834 |
Z) May 10, 2024 - Wage adjustment | 168,380 | 176,295 | 184,581 | 193,255 | 202,339 |
D) May 10, 2025 | 171,748 | 179,821 | 188,273 | 197,120 | 206,386 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | Step 8 |
---|---|---|---|---|---|---|---|---|
$) May 10, 2021 | 139,221 | 145,763 | 152,616 | 159,790 | 167,299 | 175,163 | - | - |
W) May 10, 2022 - Transition to new single pay grid | 146,164 | 153,036 | 160,227 | 167,758 | 175,643 | 183,897 | 192,541 | 201,590 |
A) May 10, 2022 | 151,280 | 158,392 | 165,835 | 173,630 | 181,791 | 190,333 | 199,280 | 208,646 |
X) May 10, 2022 - Wage adjustment | 153,171 | 160,372 | 167,908 | 175,800 | 184,063 | 192,712 | 201,771 | 211,254 |
B) May 10, 2023 | 157,766 | 165,183 | 172,945 | 181,074 | 189,585 | 198,493 | 207,824 | 217,592 |
Y) May 10, 2023 - Payline adjustment | 158,555 | 166,009 | 173,810 | 181,979 | 190,533 | 199,485 | 208,863 | 218,680 |
C) May 10, 2024 | 161,726 | 169,329 | 177,286 | 185,619 | 194,344 | 203,475 | 213,040 | 223,054 |
Z) May 10, 2024 - Wage adjustment | 162,130 | 169,752 | 177,729 | 186,083 | 194,830 | 203,984 | 213,573 | 223,612 |
D) May 10, 2025 | 165,373 | 173,147 | 181,284 | 189,805 | 198,727 | 208,064 | 217,844 | 228,084 |
Effective date | Range |
---|---|
$) May 10, 2021 | 156,661 to 198,999 |
W) May 10, 2022 - Transition to new single pay grid | 165,858 to 216,226 |
A) May 10, 2022 | 171,663 to 223,794 |
X) May 10, 2022 - Wage adjustment | 173,809 to 226,591 |
B) May 10, 2023 | 179,023 to 233,389 |
Y) May 10, 2023 - Payline adjustment | 179,918 to 234,556 |
C) May 10, 2024 | 183,516 to 239,247 |
Z) May 10, 2024 - Wage adjustment | 183,975 to 239,845 |
D) May 10, 2025 | 187,655 to 244,642 |
Effective date | Range |
---|---|
$) May 10, 2021 | 181,624 to 222,210 |
W) May 10, 2022 - Transition to new single pay grid | 181,624 to 222,210 |
A) May 10, 2022 | 187,981 to 229,987 |
X) May 10, 2022 - Wage adjustment | 190,331 to 232,862 |
B) May 10, 2023 | 196,041 to 239,848 |
Y) May 10, 2023 - Payline adjustment | 197,021 to 241,047 |
C) May 10, 2024 | 200,961 to 245,868 |
Z) May 10, 2024 - Wage adjustment | 201,463 to 246,483 |
D) May 10, 2025 | 205,492 to 251,413 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 41,565 | 43,518 | 45,566 | 47,707 | 49,949 | 52,295 |
W) May 10, 2022 - Transition to new single pay grid | 41,565 | 43,518 | 45,566 | 47,707 | 49,949 | 52,295 |
A) May 10, 2022 | 43,020 | 45,041 | 47,161 | 49,377 | 51,697 | 54,125 |
X) May 10, 2022 - Wage adjustment | 43,558 | 45,604 | 47,751 | 49,994 | 52,343 | 54,802 |
B) May 10, 2023 | 44,865 | 46,972 | 49,184 | 51,494 | 53,913 | 56,446 |
Y) May 10, 2023 - Payline adjustment | 45,089 | 47,207 | 49,430 | 51,751 | 54,183 | 56,728 |
C) May 10, 2024 | 45,991 | 48,151 | 50,419 | 52,786 | 55,267 | 57,863 |
Z) May 10, 2024 - Wage adjustment | 46,106 | 48,271 | 50,545 | 52,918 | 55,405 | 58,008 |
D) May 10, 2025 | 47,028 | 49,236 | 51,556 | 53,976 | 56,513 | 59,168 |
Effective date | Step 7 | Step 8 | Step 9 | Step 10 | Step 11 | Step 12 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 54,754 | 57,328 | 60,021 | 62,843 | 65,795 | 68,889 |
W) May 10, 2022 - Transition to new single pay grid | 54,754 | 57,328 | 60,021 | 62,843 | 65,795 | 68,889 |
A) May 10, 2022 | 56,670 | 59,334 | 62,122 | 65,043 | 68,098 | 71,300 |
X) May 10, 2022 - Wage adjustment | 57,378 | 60,076 | 62,899 | 65,856 | 68,949 | 72,191 |
B) May 10, 2023 | 59,099 | 61,878 | 64,786 | 67,832 | 71,017 | 74,357 |
Y) May 10, 2023 - Payline adjustment | 59,394 | 62,187 | 65,110 | 68,171 | 71,372 | 74,729 |
C) May 10, 2024 | 60,582 | 63,431 | 66,412 | 69,534 | 72,799 | 76,224 |
Z) May 10, 2024 - Wage adjustment | 60,733 | 63,590 | 66,578 | 69,708 | 72,981 | 76,415 |
D) May 10, 2025 | 61,948 | 64,862 | 67,910 | 71,102 | 74,441 | 77,943 |
Effective date | Step 13 | Step 14 | Step 15 | Step 16 | Step 17 | Step 18 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 72,126 | 75,516 | 79,065 | 82,783 | 86,673 | 90,745 |
W) May 10, 2022 - Transition to new single pay grid | 72,126 | 75,516 | 79,065 | 82,783 | 86,673 | 90,745 |
A) May 10, 2022 | 74,650 | 78,159 | 81,832 | 85,680 | 89,707 | 93,921 |
X) May 10, 2022 - Wage adjustment | 75,583 | 79,136 | 82,855 | 86,751 | 90,828 | 95,095 |
B) May 10, 2023 | 77,850 | 81,510 | 85,341 | 89,354 | 93,553 | 97,948 |
Y) May 10, 2023 - Payline adjustment | 78,239 | 81,918 | 85,768 | 89,801 | 94,021 | 98,438 |
C) May 10, 2024 | 79,804 | 83,556 | 87,483 | 91,597 | 95,901 | 100,407 |
Z) May 10, 2024 - Wage adjustment | 80,004 | 83,765 | 87,702 | 91,826 | 96,141 | 100,658 |
D) May 10, 2025 | 81,604 | 85,440 | 89,456 | 93,663 | 98,064 | 102,671 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | Step 8 |
---|---|---|---|---|---|---|---|---|
$) May 10, 2021 | 82,430 | 86,306 | 90,362 | 94,610 | 99,056 | 103,710 | 108,585 | 113,687 |
W) May 10, 2022 - Transition to new single pay grid | 82,430 | 86,306 | 90,362 | 94,610 | 99,056 | 103,710 | 108,585 | 113,687 |
A) May 10, 2022 | 85,315 | 89,327 | 93,525 | 97,921 | 102,523 | 107,340 | 112,385 | 117,666 |
X) May 10, 2022 - Wage adjustment | 86,381 | 90,444 | 94,694 | 99,145 | 103,805 | 108,682 | 113,790 | 119,137 |
B) May 10, 2023 | 88,972 | 93,157 | 97,535 | 102,119 | 106,919 | 111,942 | 117,204 | 122,711 |
Y) May 10, 2023 - Payline adjustment | 89,417 | 93,623 | 98,023 | 102,630 | 107,454 | 112,502 | 117,790 | 123,325 |
C) May 10, 2024 | 91,205 | 95,495 | 99,983 | 104,683 | 109,603 | 114,752 | 120,146 | 125,792 |
Z) May 10, 2024 - Wage adjustment | 91,433 | 95,734 | 100,233 | 104,945 | 109,877 | 115,039 | 120,446 | 126,106 |
D) May 10, 2025 | 93,262 | 97,649 | 102,238 | 107,044 | 112,075 | 117,340 | 122,855 | 128,628 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 |
---|---|---|---|---|---|---|
$) May 10, 2021 | 115,237 | 120,652 | 126,322 | 132,261 | 138,476 | 144,984 |
W) May 10, 2022 - Transition to new single pay grid | 115,237 | 120,652 | 126,322 | 132,261 | 138,476 | 144,984 |
A) May 10, 2022 | 119,270 | 124,875 | 130,743 | 136,890 | 143,323 | 150,058 |
X) May 10, 2022 - Wage adjustment | 120,761 | 126,436 | 132,377 | 138,601 | 145,115 | 151,934 |
B) May 10, 2023 | 124,384 | 130,229 | 136,348 | 142,759 | 149,468 | 156,492 |
Y) May 10, 2023 - Payline adjustment | 125,006 | 130,880 | 137,030 | 143,473 | 150,215 | 157,274 |
C) May 10, 2024 | 127,506 | 133,498 | 139,771 | 146,342 | 153,219 | 160,419 |
Z) May 10, 2024 - Wage adjustment | 127,825 | 133,832 | 140,120 | 146,708 | 153,602 | 160,820 |
D) May 10, 2025 | 130,382 | 136,509 | 142,922 | 149,642 | 156,674 | 164,036 |
Effective date | Step 7 | Step 8 | Step 9 | Step 10 | Step 11 |
---|---|---|---|---|---|
$) May 10, 2021 | 151,799 | 158,933 | 166,405 | 174,224 | 182,413 |
W) May 10, 2022 - Transition to new single pay grid | 151,799 | 158,933 | 166,405 | 174,224 | 182,413 |
A) May 10, 2022 | 157,112 | 164,496 | 172,229 | 180,322 | 188,797 |
X) May 10, 2022 - Wage adjustment | 159,076 | 166,552 | 174,382 | 182,576 | 191,157 |
B) May 10, 2023 | 163,848 | 171,549 | 179,613 | 188,053 | 196,892 |
Y) May 10, 2023 - Payline adjustment | 164,667 | 172,407 | 180,511 | 188,993 | 197,876 |
C) May 10, 2024 | 167,960 | 175,855 | 184,121 | 192,773 | 201,834 |
Z) May 10, 2024 - Wage adjustment | 168,380 | 176,295 | 184,581 | 193,255 | 202,339 |
D) May 10, 2025 | 171,748 | 179,821 | 188,273 | 197,120 | 206,386 |
Effective date | Step 1 | Step 2 | Step 3 | Step 4 | Step 5 | Step 6 | Step 7 | Step 8 |
---|---|---|---|---|---|---|---|---|
$) May 10, 2021 | 146,164 | 153,036 | 160,227 | 167,758 | 175,643 | 183,897 | 192,541 | 201,590 |
W) May 10, 2022 - Transition to new single pay grid | 146,164 | 153,036 | 160,227 | 167,758 | 175,643 | 183,897 | 192,541 | 201,590 |
A) May 10, 2022 | 151,280 | 158,392 | 165,835 | 173,630 | 181,791 | 190,333 | 199,280 | 208,646 |
X) May 10, 2022 - Wage adjustment | 153,171 | 160,372 | 167,908 | 175,800 | 184,063 | 192,712 | 201,771 | 211,254 |
B) May 10, 2023 | 157,766 | 165,183 | 172,945 | 181,074 | 189,585 | 198,493 | 207,824 | 217,592 |
Y) May 10, 2023 - Payline adjustment | 158,555 | 166,009 | 173,810 | 181,979 | 190,533 | 199,485 | 208,863 | 218,680 |
C) May 10, 2024 | 161,726 | 169,329 | 177,286 | 185,619 | 194,344 | 203,475 | 213,040 | 223,054 |
Z) May 10, 2024 - Wage adjustment | 162,130 | 169,752 | 177,729 | 186,083 | 194,830 | 203,984 | 213,573 | 223,612 |
D) May 10, 2025 | 165,373 | 173,147 | 181,284 | 189,805 | 198,727 | 208,064 | 217,844 | 228,084 |
Effective date | Range |
---|---|
$) May 10, 2021 | 165,858 to 216,226 |
W) May 10, 2022 - Transition to new single pay grid | 165,858 to 216,226 |
A) May 10, 2022 | 171,663 to 223,794 |
X) May 10, 2022 - Wage adjustment | 173,809 to 226,591 |
B) May 10, 2023 | 179,023 to 233,389 |
Y) May 10, 2023 - Payline adjustment | 179,918 to 234,556 |
C) May 10, 2024 | 183,516 to 239,247 |
Z) May 10, 2024 - Wage adjustment | 183,975 to 239,845 |
D) May 10, 2025 | 187,655 to 244,642 |
Effective date | Range |
---|---|
$) May 10, 2021 | 181,624 to 222,210 |
W) May 10, 2022 - Transition to new single pay grid | 181,624 to 222,210 |
A) May 10, 2022 | 187,981 to 229,987 |
X) May 10, 2022 - Wage adjustment | 190,331 to 232,862 |
B) May 10, 2023 | 196,041 to 239,848 |
Y) May 10, 2023 - Payline adjustment | 197,021 to 241,047 |
C) May 10, 2024 | 200,961 to 245,868 |
Z) May 10, 2024 - Wage adjustment | 201,463 to 246,483 |
D) May 10, 2025 | 205,492 to 251,413 |
Changes to rates of pay will be paid according to Appendix “E”:
Effective on April 1 of the year following the signing of the collective agreement, the existing Appendix “B” – Performance pay plan for lawyers at the LP-01, LP-02 and LP-03 levels is deleted from the collective agreement and replaced with this version. For greater certainty, the former Appendix “B” and this transitional language will be removed upon signature of the subsequent collective agreement.
The following performance pay plan applies to lawyers at the LP-01, LP-02 and LP-03 levels.
1.1 To ensure the accurate and consistent administration of performance pay for lawyers at the LP-01, LP-02 and LP-03 levels, including incentives to recognize and reward individuals in relation to their peers and subordinates.
2.1 It is government policy to pay certain senior lawyers according to their assessed level of performance. This plan provides the means to achieve this. Its chief provisions are the following:
2.1.1 Individuals may progress through the salary range by a series of increases related to the lawyer’s assessed level of performance;
2.1.2 Performance awards may be awarded to those whose salaries have reached the job rate and whose performance is assessed as “Fully Meets” or “Exceeds” in a given year;
2.1.3 Expenditures on salary administration must be controlled through a departmental performance increase budget.
3.1 Lawyers whose salary is protected at a group and level not mentioned above are not subject to this plan. The relevant terms and conditions of employment apply to determine their appropriate salaries.
3.2 Lawyers absent on leave without pay are eligible for in-range performance increases or performance awards under this plan.
4.1 Deputy ministers / deputy heads must implement and adhere to the performance pay plan in their organizations.
4.2 They must:
4.2.1 Ensure that performance pay is administered according to the plan, based upon each lawyer’s performance review and appraisal report;
4.2.2 Provide all information, training, advice and guidance required to implement and administer the plan.
5.1 The following performance indicators will be used to evaluate organizations’ adherence to the plan:
5.1.1 Performance awards are granted only to lawyers who have attained the job rate and are rated “Fully Meets” or “Exceeds”;
5.1.2 In-range increases and performance awards are in accordance with the percentages for each level of performance;
5.1.3 The organizational performance pay budget is limited to five per cent (5%) of the departmental group payroll as of March 31;
5.1.4 For organizations with 20 or more lawyers covered by this appendix, the performance pay expenditure does not exceed the approved target of five per cent (5%); and
5.1.5 For organizations with 19 or fewer lawyers covered by this appendix, the performance pay expenditures do not exceed the approved targets as follows:
Number of lawyers covered by this appendix | Percentage of total salary expenditure (%) |
---|---|
1 | 10.0 |
2 | 7.0 |
3 | 6.0 |
4 | 6.3 |
5 | 5.8 |
6 | 5.5 |
7 | 5.7 |
8 | 5.5 |
9 | 5.3 |
10 | 5.2 |
11 | 5.4 |
12 | 5.3 |
13 | 5.2 |
14 | 5.3 |
15 | 5.2 |
16 | 5.1 |
17 | 5.2 |
18 | 5.2 |
19 | 5.1 |
6.1 Financial Administration Act, section 11(2)(d).
Performance pay administration plan for LP-01, LP-02 and LP-03 levels
1.1 This appendix contains provisions for the consistent application of the plan for lawyers at the LP-01, LP-02 and LP-03 levels.
2.1 “acting pay” (« rémunération d’intérim ») means the rate that a lawyer should be paid for a temporary assignment to a higher classification level position. 2.2 “in-range increase” (« augmentation à l’intérieur de l’échelle ») means an increase in salary based on assessed level of performance, that results in an upward positioning in the range (not exceeding the job rate). 2.3 “job rate” (« taux normal ») means the maximum rate of pay available to a qualified lawyer whose performance in the job is at least fully satisfactory. 2.4 “payroll” (« masse salariale ») means the sum of salaries paid to lawyers subject to this plan, in a particular organization. 2.5 “performance award” (« prime de rendement ») means a bonus payable to an employee whose salary has reached the job rate of the applicable salary range (or, as of May 10, 2013, the maximum of the lockstep salary range) and whose assessed level of performance is “Fully Meets” or “Exceeds.” It is payable in a lump sum and must be re-earned each year. 2.6 “retroactive period” (« période de rétroactivité ») means the period commencing on the effective date of the retroactive upward revision in remuneration and ending on the day approval is given.
3.1 In-range increases are governed by this performance pay plan. In-range increases for lawyers at the LP-01, L-02 and LP-03 levels will be in accordance with the lockstep salary ranges in Appendix A.
3.2 Lump-sum performance awards are governed by this performance pay plan. Lawyers at the LP-01, LP-02 and LP-03 levels whose salary is at the maximum of the lockstep pay range are eligible for lump-sum performance awards under the terms of this performance pay plan. Performance awards will be paid within one hundred and twenty (120) days from the end of the fiscal period of each year for performance in the prior fiscal year. Expenditures on in-range increases and performance awards are controlled by a departmental budget, which may not be exceeded.
4.1 In-range increases for lawyers at the LP-01, LP-02 and LP-03 levels will be in accordance with the lockstep salary ranges in Appendix “A.”
4.2 Under no circumstances should an in-range performance increase be authorized for a lawyer whose performance has been assessed as “unsatisfactory.”
4.3 Only lawyers on strength March 31 and on April 1 are eligible for the purposes of this exercise. A lawyer at the LP-01 level must be in an eligible position on September 30 to receive an increase on October 1.
4.4 Lawyers on full-time language training are deemed to be on strength and are eligible for payment under this plan.
5.1 A performance award (bonus) shall be granted to a lawyer whose performance has been assessed as “Fully Meets” or “Exceeds,” and whose salary is already at the job rate. These lump sums must be re-earned each year.
5.2 Lump-sum performance awards shall be:
5.3 Global performance ratings should be used to assist in the decision process for the determination of individual awards.
6.1.1 The performance of legal officers at the LP-01 level shall be reviewed on a semi-annual basis and in-range increase for performance granted consistent with Appendix “A.” Performance awards (lump-sum payments) are only paid out once a year.
7.1 Some lawyers assessed as “Fully Meets” or “Exceeds” will reach their job rate with in-range increases which are less than the amounts permissible under the guidelines. In these cases, deputy heads shall grant a performance award in addition to the in-range increase. The combination of the two (2) amounts may not exceed the amounts permissible: seven per cent (7%) of salary for “Exceeds” and four decimal six per cent (4.6%) of salary for “Fully Meets.”
8.1 Lawyers who have been absent on leave without pay for the full fiscal year and have not returned to work by March 31 of that fiscal year are not eligible for any performance increase. They are not to be included in the calculation of the budget.
8.2 Lawyers who have been on leave without pay for a part of the fiscal year may be eligible for a performance increase if they have been on strength for long enough to permit a meaningful evaluation of performance. Any performance pay should be pro-rated for the time they have been back on payroll.
9.1 A lawyer who is receiving acting pay for a temporary assignment to a group and level covered by this plan is eligible for performance pay at the higher level when the following criteria are met:
9.1.1 The substantive rate of pay has reached the range maximum and the lawyer is no longer eligible for increments or in-range performance increases in the substantive level; or an increment or in-range performance increase in the substantive level does not result in a change to the acting rate of pay and performance of the higher level duties is assessed as “Fully Meets” or better.
9.1.2 A lawyer on strength and in an acting situation on March 31, is eligible for the purposes of this exercise. Lawyers on leave without pay or on a maternity leave / paternal leave who would not normally be considered to be on strength, are, for purposes of this plan, deemed to be eligible.
9.2 The commencement date of the acting assignment will not affect a lawyer’s eligibility for performance pay when these conditions are met. Pro-rating the performance increase, based on the length of time in the acting assignment, is an option.
9.3 Lawyers in acting status who are eligible for performance pay are to be included in the calculation of the organization’s budget.
10.1 If within the review period an increment or an in-range performance increase in the substantive rate of pay results in a salary increase on recalculation of the acting pay, the lawyer is not eligible for performance pay under this plan, and should not be included in the calculation of the budget.
11.1 Under no circumstances are the in-range increases and performance awards paid under this plan to exceed the percentages in 5.2 above for the evaluated level of performance. Likewise, organizations may not exceed their aggregate exceptional performance budget.
12.1 A performance award will be included as part of salary for the period in respect of which it was paid. Any such award paid in the year of retirement, but related to the year prior to retirement, will be fully counted in the calculation of the five-year average salary for pension purposes. However, it will not be reflected in the level of coverage under salary-related benefits such as Supplementary death benefit and insurances.
12.2 Performance awards will also not be considered part of salary for the purposes of termination benefits such as severance pay and cash-out of vacation leave, or for salary calculations related to promotion or transfer.
13.1 The deputy head is authorized to determine increases in salary and to make performance awards as prescribed in this plan.
13.2 On those occasions when the circumstances of an individual case are so exceptional that an organization believes the plan should be exceeded, the deputy head must obtain prior written approval from the Treasury Board Secretariat.
14.1 As a matter of government policy, disclosure is restricted to information on the salary ranges. The specific salary paid to an individual in a performance pay plan may be disclosed only to those public servants whose work requires access to such information.
The following performance pay plan in effect on May 9, 2006, applies to lawyers at the LP-04 and LP-05 levels, for the duration of the Law Practitioner Group arbitral award, as issued on October 23, 2009 (Arbitral award dated October 23, 2009, provision effective November 1, 2009)
Directives for the Performance Management Program (PMP) for the Executive Group Effective April 1, 2004
Note: Instructions for the administration of performance awards are found in the Salary Administration Policy for the Executive Group.
In its 1998 report the Advisory Committee on Senior Level Retention and Compensation recommended the implementation of a Performance Management Program for the Executive (EX) Group both as a management tool to support the achievement of business results and as the tool to be used in determining changes in the compensation of executives.
Performance management is the process of planning, managing, improving, developing, supporting, assessing and rewarding performance; it is linked to other key Human Resources initiatives that take place in departments and agencies, such as: human resources planning (including succession planning), career management and training and development.
The effective date of these directives is April 1, 2004.
These directives apply to public service organizations employing members of the occupational groups and levels identified in the Salary Administration Policy for Executives.
The objectives of the Performance Management Program (PMP) for the Executive Group are to:
The principles of respect and fairness govern the exercise of authority in managing the performance of executives. These principles mean that it is recognized and respected that employees are entitled to:
The PMP for Executives is a tool for a consistent and equitable approach to performance management and assessment and is designed to support objective evaluation and differentiation of levels of performance across the EX Group.
The Performance Management Program requires that every person in the organization who is being paid as an EX have a written performance agreement.
The performance agreement:
The starting points for deciding what commitments should be included in performance agreements each year are:
Assistant deputy head performance agreements, as the main linkage between individual executives and the business plans of each organization, should demonstrate alignment with corporate plans, and include uniformity in certain ongoing commitments, defining what might be called the broad executive management agenda for the organization.
The performance agreements for each successive level of executive should demonstrate cascading of commitments, that is, each commitment is an operationalization of the supervisor’s commitments, within the realm of each executive’s responsibilities.
The performance agreement between the executive and his/her supervisor must include the following mandatory components to be considered valid:
In situations where the job consists solely of a special project or assignment, there are normally only ongoing commitments. Exceptions could be considered when the assignment is of such scope and complexity to warrant the development of key commitments as well.
Performance agreements are subject to revision throughout the performance cycle, dictated by such factors as changed priorities and feedback. An executive may have several performance agreements throughout a performance cycle, for example, if the executive changes jobs or takes on a new assignment or if the supervisor changes. Each revision or new agreement must be signed.
It is a best practice that each performance agreement include a personal learning plan that identifies training and development commitments along with the resources that will be provided to support the learning plan.
There is no set format requirement for the performance agreement; departments and agencies have the flexibility to develop an agreement template or system that best suits the organization’s business planning and results reporting requirements. Minimum requirements of a performance agreement include:
Annex A to these directives shows a sample performance agreement that meets the minimum requirements.
Performance agreements should be periodically reviewed by the executive and his/her supervisor and adjusted as required. In the event of significant changes, commitments and the related performance measures can be adjusted.
At the end of the performance cycle each individual is assessed on the “Results Achieved” based on the measures set for commitments. The results are documented on the performance agreement with the appropriate summary ratings for ongoing commitments and key commitments. The demonstration of leadership competencies in the achievement of all commitments should be taken into consideration when applying the assessment rating. Finally, an overall narrative assessment of performance with suggested career development action plans should also be documented.
The Performance Management Program also requires that the deputy head have in place in the organization a review mechanism or mechanisms, such as a review committee, to ensure equity and consistency in performance assessment ratings of all executives across the organization for the performance cycle.
Prior to authorizing the issuing of payments for a performance cycle, the deputy head must, prior to June 30, send a letter to the Office of the Chief Human Resources Officer for Canada (the Employer) personally attesting that:
The letter of attestation should also provide information about the overall expenditure for lump-sum payments, as a percentage of executive payroll. A sample letter of attestation, which may be sent to the Employer by fax is in Annex B.
The Employer will authorize payment when all of the above requirements have been met.
Each department and agency is responsible for developing performance assessment standards that respond to the organization’s specific needs. Deputy heads are responsible for communicating these standards, including clear information on what makes some commitments more challenging, or important or critical to the organization’s mission than others.
Assessment must include, at a minimum:
The performance level descriptions below are to be used to assess performance against commitments. Levels 2 to 4 may be further subdivided, provided that definitions are developed to describe the expected level of performance and communicated to executives. Other titles may be substituted provided they are cross-referenced to the four levels for reporting purposes.
Note that for the 2004 to 2005 fiscal, leadership competencies that must be considered in assessing performance refer to those related to valuing and managing people. In 2005 to 2006 the revised leadership competencies all refer to valuing and managing people.
This performance level and results achieved can be characterized by the following statements:
This performance level and results achieved can be characterized by the following statements:
This performance level and results achieved can be characterized by the following statements:
This performance level and results achieved can be characterized by one or more of the following statements:
Note: Individuals who receive a “Did Not Meet” assessment should receive appropriate follow-up that addresses performance issues.
Individuals who are “Unable to Assess” are eligible for salary range increases, but no in-range movement or lump-sum performance pay.
An individual is considered “Unable to Assess” when there has been insufficient opportunity (for example, fewer than three (3) months) to allow for the achievement of performance commitments. This does not mean that the individual has not established a performance agreement, just that there has been insufficient opportunity for achievement against the commitments. There are 4 situations where Unable to Assess could apply for both ongoing and key commitments:
There are two situations where executives might be considered Unable to Assess for key commitments only:
Note on distribution of assessment levels: It is recognized that a normal distribution would result in five per cent (5%) of the population assessed at Level 1.
The performance assessment and resulting compensation effects should take place within sixty (60) days of the end of the performance cycle.
Performance awards include in-range movement and lump sums.
No performance award may be authorized in the absence of a signed performance agreement.
Deputy heads have flexibility to provide performance awards that are appropriate to their organizational priorities and requirements provided these awards are within the PMP Directives.
In determining the percentage of in-range movement and lump sums, deputy heads should take into account the importance and impact of results achieved. The focus should be equally on what was accomplished and how it was done.
The executive earns a base salary for the accomplishment of ongoing commitments.
The achievement of ongoing commitments and how the results were achieved (demonstration of leadership competencies) affect progression through the salary range for the position (in-range movement) which should vary with assessed performance.
Over and above the base salary, executives have opportunities to earn at-risk pay and bonuses based on the achievement of key commitments.
A prerequisite for access to at-risk pay and bonuses is that expectations for the achievement of ongoing commitments have been met.
The achievement of key commitments and how the results were achieved (demonstration of leadership competencies) affect the amount of lump-sum performance awards, defined as at-risk pay and bonuses.
At-risk pay is defined as any lump-sum performance award for:
A bonus is defined as any lump-sum performance award for:
Only those who receive full seven per cent (7%) (EX-1 to EX-3) or ten per cent (10%) (EX-4 and EX-5) are eligible for a bonus.
At-risk pay and bonuses must be re-earned each year, and do not increase an individual’s base salary.
The budget for at-risk pay and bonuses is part of the annual departmental reference levels, totalling seven per cent (7%) of the March 31 payroll for members of the occupational groups and levels to which the provisions of the PMP apply.
Departments may exceed the budget where results warrant, and when the excess can be found from existing reference levels.
Organizations with fewer than ten (10) executives should follow the budget guidelines below:
Number of executives | Number of surpassed ratings | Budget for at-risk pay and bonuses as a % of March 31 payroll |
---|---|---|
1 | 1 | 10.0% |
2 | 1 | 8.5% |
3 | 1 | 8.0% |
4 | 1 | 7.7% |
5 | 1 | 7.6% |
6 | 1 | 7.5% |
7 | 2 | 7.4% |
8 | 2 | 7.3% |
9 | 2 | 7.3% |
10 | 2 | 7.0% |
Annually, departments and agencies must submit to the PSHRMAC:
The PMP performance cycle is the fiscal year from April 1 to March 31.
Non-compliance with the required elements of the Performance Management Program may result in a citing of the department or agency in the President of PSHRMAC’s annual report to Parliament on human resources management. In some cases, the consequences may be a modification or withdrawal of delegation of authority and/or recovery of amounts paid.
The following table highlights some of the roles of key players accountable for the PMP for executives.
The following describes roles for other players that reflect expectations for the effective management of the program.
Comments and questions related to these directives should be referred to responsible officers in departmental headquarters who in turn may direct question to the Office of the Chief Human Resources Officer.
Performance agreement [YYYY to YYYY]
Between: [name of Employer]
And: [name of employee]
Reviews of this agreement were conducted on the following dates:
Change of supervisor:
Change of assignment:
Checklist for alignment
Ongoing commitments (4 to 7 commitments)
Checklist or Alignment
Key commitments (1 to 3)
Evaluation
Ongoing commitments rating:
Key commitments rating:
I have read this assessment:
Signatures:
Personal information will be protected under the provisions of the Privacy Act and will be stored in Standard Bank, Performance Reviews and Employee Appraisals PSE 912. This document may be used by the Employer for audit or program evaluation purposes.
Fax this letter to 613-943-5205
Office of the Chief Human Resources Officer
c/o Executive Management Policies Directorate
Ottawa, Ontario
Dear Ms. Chartrand,
This letter is to attest that all requirements of the Performance Management Program for Executives for (name of the Department or Agency) for (fiscal year) have been met: all executives have signed performance agreements and our organization has in place a review mechanism to ensure equity and consistency in the performance assessment of all executives.
Our planned expenditure for at-risk pay and bonuses as a percentage of the executive payroll is (%).
As all requirements of the PMP have been met, I request your authorization to proceed with payments to executives.
(Please provide a fax number for the Agency’s reply)
This report must be submitted annually, by June 30, for all groups and levels covered by the Salary Administration Policy for the Executive Group. An Excel spreadsheet in electronic format is preferred.
The PMP Report should be sent, under Protected status, to:
Office of the Chief Human Resources Officer
c/o Executive Management Policies Directorate
Ottawa ON K1A 0R5
The data requirements for the Annual PMP Report are as follows: