The following principles were developed jointly by the
Bargaining Agents representatives and the Employer side representatives to the
National Joint Council. These principles are the cornerstone that shall guide
the parties in establishing fair and reasonable commuting assistance practices
across the public service.
Trust - foster an environment
that allows employees, bargaining agents and management to work together to
develop mutually acceptable solutions.
Flexibility - create an environment where management
decisions respect the duty to accommodate, best respond to employees' needs and
interests, and consider operational requirements in the determination of
commuting assistance arrangements.
Respect - create a sensitive and supportive environment and
recognize employees in a professional manner while supporting employees, their
families, their health and safety in the context of this Directive.
Transparency - ensure consistent, fair and equitable
application of the Directive and its practices.
This directive is deemed to be part of collective agreements
between the parties to the National Joint Council (NJC) and employees are to be
afforded ready access to this directive.
In cases of alleged misinterpretation or misapplication arising
out of this directive, the grievance procedure, for all represented employees
within the meaning of the Public Service Labour Relations Act will be in
accordance with Section 14.0 of the National Joint Council By-Laws. For
unrepresented employees the departmental or agency grievance procedure applies.
This directive was effective on April 1, 2005.
Commuting Assistance is provided to help defray excessive costs
incurred in employees' daily travel to and from the regularly assigned worksite
on the days when they are required by management to report for work and so
report.
Normally, employees are expected to report for work at their own
expense since they are free to choose where they will live.
For some worksites there is no suitable residential community
reasonably close to the worksite, consequently, some employees may be subject to
higher transportation costs.
This directive applies to all employees at a worksite where
commuting assistance has been authorized, and does not apply:
- to the transportation of schoolchildren,
- to those employees who normally take public transportation to and from the
worksite and who are unable to do so because of an interruption in service
caused by a work stoppage of the public transportation employees;
- to transportation to and from a place of work other than the regularly
assigned worksite or between the worksite and another place of work;
- where adequate public transportation operates between a worksite and a
suitable residential community, irrespective of the distance criteria; or
- to employees who, when they are assigned to the worksite, decline a
written offer of Crown-owned or Crown-controlled living accommodation either
at or within 16 kilometres of the worksite and choose to reside elsewhere.
Allowances authorized under the Isolated Posts and Government
Housing Directive (IPGHD) shall not be construed to include commuting
assistance. The criteria outlined in this directive will be used to determine
whether commuting assistance will be authorized at isolated posts.
In this directive,
adequate public transportation (transports en commun
adéquats) - means public transportation serving the worksite
- whose schedule enables employees to report for work at their assigned
times and to depart for home within a reasonable time after the end of their
scheduled work period,
- that has the capacity to carry the employees, and
- that is available to employees at reasonable cost.
commuting assistance (aide au transport quotidien) -
means the assistance provided to an employee under this directive;
department (ministère) - means a department or other
portion of the public service of Canada,
- listed in Schedules I and IV to the Financial Administration Act; or (revised April 1, 2005)
- listed in Schedule V to the Financial Administration Act and which is a member of the National Joint Council of the Public Service of Canada; (revised April 1, 2005)
deputy head (administrateur général) - means the
deputy minister or other chief executive officer of a department or agency and
includes any employee of the department or agency who has been authorized to act
on behalf of the deputy head or chief executive officer for the purposes of this
directive;
employee (fonctionnaire) - means a person
- employed in the federal public service,
- whose salary is paid out of the Consolidated Revenue Fund, and
- includes a member of the Canadian Forces and the Royal Canadian Mounted
Police;
majority of the employees (majorité des fonctionnaires)
- means 50 per cent or more of the employees at a worksite, excluding those
occupying Crown-owned or Crown-leased accommodation that is located at the
worksite;
suitable residential community (quartier résidentiel
convenable) - means a location where,
- taking the vacancy rate into account, excluding vacant lots, the majority
of employees could reside,
- adequate utilities and educational and commercial facilities are
available, and
- road connections to the worksite are adequate.
worksite (lieu de travail) - means the location at or
from which employees ordinarily perform the duties of their positions and, in
the case of employees whose duties are of an itinerant nature, the actual
building to which they return to prepare and/or submit reports, etc., and where
other administrative matters pertaining to their employment are conducted.
1.1.1 The Deputy Head will authorize Commuting Assistance only
when:
- adequate public transportation is not available between a suitable
residential community and the worksite; and
- no suitable residential community is located within a direct road distance
of 16 kilometres from the worksite.
1.1.2 A community will be deemed to be a suitable residential
community:
- upon the mutual consent of the deputy head and the local representatives
of the employees affected, or
- if the majority of the employees reside within 16 kilometres of the
worksite.
1.2.1 Following consultation with the designated
representative(s) of the affected bargaining agent(s), an authorization shall:
- designate a suitable residential community;
- specify the form of commuting assistance to be provided; and
- be limited to the most practical and economical form of commuting
assistance.
1.2.2 Where practical and reasonable, the same form of commuting
assistance shall be authorized for employees of all departments at a worksite.
1.2.3 A deputy head shall consider energy conservation when
choosing the form of commuting assistance.
1.2.4 Where there is a large number of employees at a worksite
or where there are a number of suitable residential communities adjacent to the
worksite, more than one suitable residential community may be designated.
1.2.5 A deputy head shall review an authorization referred to in
this section at least once each fiscal year and, subject to 1.6, may continue,
modify or revoke it.
1.3.1 When more than one department has employees at a worksite,
the deputy heads shall determine collectively:
- how this directive will be applied and implemented; and
- what form of commuting assistance will be authorized.
1.3.2 Where the deputy heads are unable to arrive at a
consensus, the matter may be referred to the National Joint Council for
recommendation. The Treasury Board Secretariat, on the recommendation of the
National Joint Council, shall resolve the matter.
1.3.3 Subject to 1.3.2, the authorization that is given by the
deputy head of each department shall conform with the resolution.
1.3.4 While Departments may seek to establish cost sharing
arrangements, each department shall be responsible for the cost of providing
commuting assistance for their employees.
Commuting assistance will normally be provided by the use of
Crown-owned vehicles, charter services, taxi pools or subsidizing regular
commercial transportation fares. The use of privately-owned vehicles should only
be authorized under exceptional circumstances where it can be clearly shown to
be cost effective.
1.4.1 When a deputy head determines that the most practical and
economical form of commuting assistance is to provide a government owned or
chartered vehicle service, he or she shall direct that employees using the
service pay a contribution towards the cost of the service.
1.4.2 When the vehicle service provides transportation only to
and from the public transportation stop that is closest to the worksite, the
deputy head shall not direct that employees pay a contribution.
1.4.3 When a vehicle service is provided between the designated
suitable residential community and the worksite, the employee contribution for
each one-way trip shall be $1.75 if no local public transportation system exists
or an amount equal to the regular fare of the local public transportation
system, whichever is less.
1.4.4 The rate of contribution will be reviewed at the next
cyclical review, taking into account the approved methodology.
1.4.5 When the rates are changed, each employee and designated
representative of the affected bargaining agent(s) shall be given written notice
of the change. Such change shall be effective on the first day of the third
month following employees' receipt of the written notice, or the effective date
of the change, whichever is later.
1.4.6 The vehicle service may be permitted to stop along its
normal direct route to pick up other employees. These passengers shall
contribute the same amount as others.
1.4.7 When possible and practicable, the contribution may be
collected through payroll deduction.
1.5.1 When a deputy head determines that the use of private
vehicles is the most practical and economical form of commuting assistance, the
rate of commuting assistance shall be the rate as prescribed in Appendix A.
1.5.2 The amount of commuting assistance to which employees are
entitled for each working day they report to work shall be calculated by
multiplying the rate:
- for an employee who resides in a designated suitable residential
community, by the shortest return road distance between the worksite and the
geographical centre of that designated suitable residential community less
32 kilometres; or
- for an employee who does not reside in a designated suitable residential
community, by the lesser of:
- the shortest return road distance between the worksite and the
employee's residence less 32 kilometres; and
- the shortest return road distance between the worksite and the
geographical centre of the farthest designated suitable residential
community less 32 kilometres.
1.6.1 The designated representative of the affected bargaining
agent(s) shall be consulted concerning:
- any proposed change in the form of commuting assistance;
- any modification in or revocation of commuting assistance; and
- the effective date of any modification to or revocation of commuting
assistance authorized under this directive.
1.6.2 When commuting assistance is modified or revoked, each
employee and designated representative of the affected bargaining agent(s) shall
be given written notice of the change. Such change shall be effective on the
first day of the third month following employees' receipt of the written notice,
or the effective date of the change, whichever is later.
1.7.1 Where deputy heads are of the opinion that they are not
permitted by this directive to authorize commuting assistance, either they or
the bargaining agent may submit the matter to the National Joint Council. The
Treasury Board Secretariat may, on the recommendation of the National Joint
Council, make a determination.
1.7.2 The documentation submitted to the National Joint Council
shall include a statement:
- to the effect that consultations with the designated representative(s) of
the affected bargaining agent(s) have taken place; and
- identifying the abnormal circumstances supporting a recommendation that
commuting assistance be authorized, even though such circumstances clearly
lie outside these guidelines.
1.7.3 Examples of such circumstances are:
- difficulties in recruiting and retaining employees that are directly
attributable to the lack of commuting assistance;
- the practice of private employers in the area of the worksite;
- excessive commuting costs;
- significant alterations to transportation patterns; and
- major changes to operational requirements of the employer.
1.8.1 Each deputy head shall maintain records that may be
examined by the Treasury Board Secretariat or form the basis of reports when
requested.
1.8.2 The records shall include:
- by worksite, a statement of the annual commuting assistance costs, the
number of employees who are receiving commuting assistance at the end of the
fiscal year and the form of commuting assistance provided;
- by worksite, the names of other participating departments;
- a statement and explanation of any changes in the commuting assistance
from the previous fiscal year, giving the estimated increase or reduction in
cost associated with each change;
- the results of any review referred to in 1.2.5; and
- the number of situations that were referred to the National Joint Council
for resolution and the number that were dealt with within the department.
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