Human Resources
Policy & Design » LMDA Coordination and Analysis » Québec
6.1 Canada and Québec agree to pursue the same values that characterize their management of human resources: fairness, respect and transparency. Human resources decisions shall be the subject of open, clear and timely communications with employees and unions.
Both parties acknowledge the particular expertise and significant contribution of federal employees in the delivery of active employment measures covered by this Agreement.
6.2The provisions regarding human resources in this Agreement shall apply to employees affected by the 1084 FTEs of Canada covered by this Agreement or the positions left vacant by these employees. The implementation agreement shall specify the number of employees of Canada to be transferred to Québec corresponding to the 1084 FTEs.
6.3 Under the terms of its reasonable job offer pursuant to Part VII of the federal Work Force Adjustment Directive, Québec shall offer indeterminate employees of Canada permanent/regular status within the new receiving organization; this status will be effective at the time of the transfer. Each transferred employee will be granted an employment guarantee for a period of three years.
6.4 With regard to hours, classification and compensation, transferred federal employees shall be paid on a basis of 35 hours a week, at the same or next higher pay scale step, in a Québec job class corresponding to the usual and primary duties they performed in the Public Service of Canada. The difference between federal earnings and Québec earnings shall be paid as a lump sum. Regardless of the type of payment selected by Québec, an employee's annual earnings received at the time of his/her departure from the Public Service of Canada, based on his/her substantive position, will be maintained and will take into account, where appropriate, pay equity awards.
6.5 Seniority acquired by an employee of Canada shall be transferred for the purposes of collective agreement provisions, except as regards staff movements and identification of surplus personnel in Québec. These items will be discussed with a view to reaching an agreement between the parties, when the employee transfer proposal (ETP) is prepared.
6.6 Employees of Canada shall be offered a position in a location less than 40 km from their current place of work, and work location stability shall be guaranteed for a minimum period of one year; the relevant provisions in the collective agreements shall apply thereafter, if necessary.
6.7 Federal employees transferred to the Government of Québec under this Agreement shall be subject to the RREGOP or RRPE as of the date of their transfer. They may make the following election as regards years of service accrued in the federal government under the PSSA superannuation plan:
a) Transfer of their accrued service in the employ of the federal government to the RREGOP or RRPE. Such an election shall be made under the current transfer agreement signed on December 12, 1984, between the Commission administrative des régimes de retraite et d'assurance of Québec and the Government of Canada.
b) Non-transfer of service accrued with the Government of Canada. Where an employee elects not to transfer service accrued in the employ of the federal government, credited service under the PSSA shall count for the purposes of eligibility for a retirement pension or other benefit payable under the RREGOP or RRPE; conversely, RREGOP or RRPE credited service shall be taken into account for the purposes of eligibility for pension or benefit payable under the PSSA plan.
6.8 Provisions of the offer of employment from Québec shall be defined under the ETP. This proposal shall be submitted by Québec for approval prior to the signing of the implementation agreement of which it will be a part.
6.9 Employees of Canada shall have sixty days to accept or reject the written offer made by Québec.
6.10 Canada and Québec shall jointly determine the mode for selection of affected personnel, where required.
6.11 Credits for sick leave and annual leave shall be transferred in their entirety. Accumulated sick leave credits shall serve solely for the purposes of salary insurance, for priority use at the time of absences due to illness, and shall under no circumstances be convertible into cash by Québec.
6.12 For the period extending from the date of signing of this Agreement to the date on which the federal employees start work for the new employer, except in cases of emergency or absolute necessity, Canada shall not conduct any re-evaluation of positions or permanently staff any positions entirely devoted to employment and covered by this Agreement that should become vacant. Where necessary, staffing of these positions shall be effected on an acting basis.
6.13 Further conditions of work shall be as defined in the applicable collective agreements.
6.14 The various collective plans provided for in the conditions of work, such as parental rights, life, health and salary insurance plans, and occupational accident and disease plans, shall apply to transferred employees of Canada.