Applied Science and Patent Examination (SP) Collective Agreement - Travelling Time

Date:

To: Heads of Human Resources Directors / Chiefs Labour Relations and Compensation

The purpose of this bulletin is to clarify for Departments the interpretation of paragraph 13.01 (c) of the Applied Science and Patent Examination (SP) Collective Agreement, as well as other collective agreements with the same language, following a recent Public Service Labour Relations Board decision.

Paragraph 13.01 (c) of the SP agreement stipulates:

“When the Employer requires an employee to travel outside the employee’s headquarters area for the purpose of performing duties, the employee shall be compensated in the following manner:

(c) on a day of rest or on a designated paid holiday, the employee shall be paid at the applicable overtime rate for hours travelled to a maximum of twelve (12) hours pay at the straight-time rate, or fifteen (15) hours pay at the straight-time rate when travelling beyond North America.”

A recent Public Service Labour Relations Board decision, namely Professional Institute of the Public Service Canada v. Treasury Board (file number: 569-02-49), has determined that, for the above-mentioned language, employees are entitled to receive the same pay for travel time during off hours, regardless of whether the travel falls on a working day, day of rest or designated paid holiday. This decision has the effect that the twelve (12) or fifteen (15) hour maximum payments for travel on a day of rest or designated paid holiday apply to a particular calendar day, and therefore a new travelling time calculation begins each calendar day.

All questions should be directed to your Departmental Corporate Labour Relations or Corporate Compensation Official.

Original signed by

Marc Thibodeau
Senior Director
Compensation Management
Core Public Administration
Compensation and Labour Relations
Office of the Chief Human Resources Officer

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