Compensation plan for the management category (MGT)

Effective: 1 April 2022
Supersedes: 3 August 2016

** Asterisks in the margins indicate changes from the previous version.

Table of contents

Part I – Terms and conditions of employment

Section A: Salary elements

**A.1 Salary entitlements

  • A.1.1 National Research Council Canada (NRC) executives are paid in accordance with this compensation plan and NRC rates of pay for the Management category (MGT).
  • A.1.2 A part-time executive receives salary pro-rated to the number of hours of work per week.
  • **A.1.3 All salary calculations pursuant to sections of Part I of this compensation plan are rounded to the nearest $1.
  • A.1.4 An executive is not entitled to payment for overtime.
  • A.1.5 When an executive with one or more years of continuous employment dies while on strength, their beneficiary or estate will receive their salary for the full month in which the executive dies, minus any salary payments already made in the month of death.

**A.2 Revisions

  • A.2.1 Salary ranges for the Management Category are revised periodically as authorized by the President of the NRC.
  • **A.2.2 An executive whose performance on commitments was assessed as "did not meet expectations" or "met some expectations" is not eligible for revisions in the performance review period immediately following the review period in which the rating was obtained. The above notwithstanding, an executive's salary must not fall below the minimum of the salary range of the executive position.
  • A.2.3 Subject to subsection A.2.2, an executive absent on leave with or without pay is eligible for the full percentage increase of the revision.
  • A.2.4 The salary of an executive on leave without pay is recalculated for record purposes only to maintain the same position relative to the new salary maximum that existed within the old salary range.
  • A.2.5 The salary-based allowance of an executive on leave without pay is adjusted to reflect the revision.

A.3 Payment of retroactive revisions

  • A.3.1 Retroactive remuneration is paid in an amount equal to what would have been paid to the executive had the revision been approved on the effective date.
  • A.3.2 A retroactive revision in salary ranges applies to executives, eligible actors and former executives or, in the case of death, the beneficiary or estate of former executives employed during the retroactive period.
  • A.3.3 In order for former executives, or in the case of death, for the former executive's beneficiary or estate to receive payment in accordance with subsection A.3.2, the employer notifies by registered mail such individuals at their last known address that they have 30 days from the date of receipt of the registered letter to request in writing such payment, after which time any obligation upon the employer to provide payment ceases.
  • A.3.4 No payment or notification is made for $1 or less.
  • A.3.5 Unless otherwise specified, the non-salary elements in Part I, section B, are recalculated as though the revision had been approved on the effective date.
  • A.3.6 When there is a retroactive revision, the revised salary of an executive in one of the situations listed below is calculated according to either subsection A.3.6.1 or subsection A.3.6.2 (the calculation that provides the higher revised salary is applied):
    1. promoted, demoted, or reclassified during the retroactive period,
    2. commenced an acting assignment during the retroactive period, or
    3. commenced an acting assignment prior to the start of the retroactive period but continued the acting assignment during the retroactive period.
    • A.3.6.1 Compare the higher of the revised salary under either a) or b) below to the salary calculated in subsection A.3.6.2:
      1. recalculate the executive's substantive salary (and in acting situations, also recalculate the executive's acting salary), based on the revised executive salary maximum applicable to the position, or
      2. maintain the executive's substantive salary (or acting salary) earned prior to the revision;
    • A.3.6.2 Apply the percentage increase to the executive's substantive salary (and when applicable, to the acting salary).

A.4 Salary on appointment

  • A.4.1 Appointment to the NRC
    • A.4.1.1 Persons recruited to the Management category (MGT) from outside the NRC may be appointed at any rate of pay within the applicable salary range of the executive position.
    • A.4.1.2 In exceptional circumstances, to facilitate recruitment of executives from outside the NRC, where a person's previous salary exceeds the salary maximum of the executive position, a one-time lump sum payment up to 10% of the maximum of the range for the level to which the person is appointed may be authorized.
    • A.4.1.3 The lump sum payment is not considered salary for any purpose.
    • A.4.1.4 The amount of the lump sum is to be pro-rated against the number of hours worked for executives hired on a part-time basis.
  • A.4.2 Appointment from another NRC occupational group or promotion to a higher level position within the MGT category
    • A.4.2.1 On appointment to the MGT category from another NRC occupational group or on promotion to a higher level within the MGT category, an employee will normally receive a salary increase of at least 5% but no more than 15% of the maximum of the range for the level to which the employee is appointed. The salary on appointment will be at least the salary minimum of the executive position.
    • A.4.2.2 If the increase causes the new salary to exceed the salary maximum, the amount above the salary maximum may be paid as a one-time lump sum on appointment. The lump sum payment is not considered salary for any purpose.
  • A.4.3 Deployment to a position at the same level
    • A.4.3.1 On an NRC requested deployment from one executive position to another at the same level, an executive may be provided with an increase in salary of up to 10% of the salary maximum of the executive position.
    • A.4.3.2 Any such increase is paid as salary up to the salary maximum and the balance, if any, may be paid as a one-time lump sum payment on deployment. The lump sum payment does not form part of salary for any purpose.
  • A.4.4 Appointment to a lower level position
    • A.4.4.1 Where an executive is appointed to a lower level executive position and is either voluntary or the result of a demotion, the executive's salary will be set at the lesser of: the maximum rate of the new level, or the individual's present salary.

A.5 Downward reclassification

  • A.5.1 When an executive's position is reclassified to a level with a lower salary maximum and the executive's salary exceeds the salary maximum of the lower level, the executive's salary will remain unchanged until such time as the salary maximum for the lower-level position matches or exceeds the executive's salary.
  • A.5.2 Management may approve pay revisions applicable to the former level paid in the form of a lump sum payment until such time as the salary maximum for the lower-level position matches or exceeds the executive's salary.
  • A.5.3 If the lump sum payment provision is exercised by management, the payment is deemed to be part of the employee's effective rate of pay for pension purposes only.

A.6 Salary maintenance

  • A.6.1 Effective 1 April 2020, salary maintenance is provided when the salary of a non-executive appointed or assigned to an executive position is greater than the salary maximum of the executive position the non-executive is appointed to.
    • A.6.1.1 Non-executive appointed to an executive position:
      • A.6.1.1.1 The new executive's salary is maintained at the rate this person was receiving immediately prior to being appointed to the executive position until such time as it falls within the salary range of this executive position. The new executive's maintained salary will not change until executive salary ranges are revised such that the new executive's maintained salary falls below the salary maximum of the executive position.
      • A.6.1.1.2 The salary elements, performance pay, in-range salary movement and non-salary elements of the executive position apply.
      • A.6.1.1.3 If the salary range of the executive position is revised and the new executive's maintained salary is within the revised range, salary maintenance ceases.
    • A.6.1.2 Non-executive assigned to an executive position:
      • A.6.1.2.1 The non-executive salary is maintained at the rate this person was receiving immediately prior to being assigned to the executive position until such time as it falls within the salary range of this executive position at which time, the provisions under A.7.2 Acting pay apply.
      • A.6.1.2.2 If the non-executive salary is below the salary maximum of their substantive position, the non-executive is eligible to receive increments, in-range increases, or promotions within the RO/RCO compensation system as applicable, as well as any salary range revisions for the substantive position, in accordance with the applicable collective agreement or terms and conditions of employment.
      • A.6.1.2.3 The salary elements and performance pay of the executive position apply. For greater certainty during the assignment, the non-executive category employee will remain subject to the non-salary terms and conditions of their substantive position except that they are not entitled to overtime.

A.7 Acting pay

  • A.7.1 Executives acting in higher-level executive positions:
    • A.7.1.1 The qualifying period for acting pay is 20 consecutive working days in an executive position.
    • A.7.1.2 In situations where an employee is acting in an executive position, in replacement of an executive participating in a language training program that is segmented into two or three week periods, the qualifying period for acting pay may be less than 20 consecutive working days if the total of such acting periods, over a period of 12 consecutive months, is not less than 8 weeks.
    • A.7.1.3 The acting salary of an executive is determined as if the executive had been appointed to the higher level.
    • A.7.1.4 When an executive who is already receiving acting pay accepts another acting assignment at the same level as the previous acting assignment, the executive will be paid at the same rate of pay that was paid for the previous assignment.
    • A.7.1.5 When an executive who is already receiving acting pay accepts a second acting assignment, to determine the acting pay, the executive's substantive salary is increased by at least 5% but no more than 15% of the salary maximum of the second acting position. The acting salary is at least the salary minimum of the second acting position.
  • A.7.2 Non-executives acting in executive positions
    • A.7.2.1 A non-executive acting in an executive position remains subject to the non-remunerative provisions of the relevant collective agreement or terms and conditions of employment governing their substantive level except that he or she is not entitled to overtime, call-back, reporting pay, stand-by, shift premiums, travelling time or any other form of cash compensation which is dependent upon a person completing a specified number of hours in a normal workweek.
    • A.7.2.2 To determine the acting pay, the non-executive's salary is increased by at least 5% but no more than 15% of the salary maximum of the executive position. If the rate of increase causes the acting salary to exceed the salary maximum, the acting salary is limited to the salary maximum. No lump sum is paid for amount that surpasses the salary maximum.
    • A.7.2.3 A non-executive who receives acting pay and whose substantive salary is below the salary maximum of their substantive non-executive position is eligible to receive increments, in-range increases, or promotions within the RO/RCO compensation system as applicable as well as any salary range revisions for the substantive level, in accordance with the applicable collective agreement or terms and conditions of employment.
    • A.7.2.4 When an increment, in-range, or RO/RCO promotion salary increase occurs to the non-executive's substantive salary, the acting salary is recalculated and any resulting increase is paid to the non-executive.
    • A.7.2.5 A retroactive revision in remuneration applies to a non-executive who was acting in an executive position during the retroactive period, in accordance with subsection A.3.

A.8 Performance pay and in-range salary movement

  • A.8.1 Executives may be eligible for performance pay and in-range salary movement pursuant to Part II, section C of this compensation plan.

Section B: Non-salary elements

B.1 Hours of work

  • B.1.1 The daily and weekly hours of work for full-time executives are not less than an average of 7.5 hours and 37.5 hours respectively.
  • B.1.2 An executive is not entitled to payment for overtime.
  • B.1.3 There is no provision for a compressed workweek for executives or for non-executives acting in executive positions.
  • B.1.4 Executives who work beyond their normal working hours and through a normal meal period may be reimbursed for meal expenses in accordance with the Travel directive and Special travel authorities.

B.2 Statutory holidays

  • B.2.1 The following days are paid holidays:
    1. New Year's Day
    2. Good Friday
    3. Easter Monday
    4. Victoria Day
    5. Canada Day
    6. Labour Day
    7. Thanksgiving Day
    8. Remembrance Day
    9. Christmas Day
    10. Boxing Day
    11. One provincial or civic holiday
    12. One additional day when proclaimed by an act of Parliament as a National Holiday
  • B.2.2 When a designated holiday, except Boxing Day, coincides with a day of rest, the holiday is moved to the first scheduled working day following the day of rest. Boxing Day shall be observed on the first normal working day immediately following the calendar day on which Christmas Day is granted as a designated holiday.
  • B.2.3 An executive is not paid for a designated holiday when that executive is:
    • B.2.3.1 On leave without pay on both the full working day immediately preceding and the working day immediately following the designated holiday; or
    • B.2.3.2 A part-time employee and the holiday falls on a scheduled day of work.

B.3 Personal leave

  • B.3.1 Upon request, on approval of the delegated manager, and subject to operational requirements, executives are entitled to 2 days of leave with pay for reasons of a personal nature in each fiscal year. This leave may be taken in periods of 7.5 hours or 3.75 hours each and cannot be carried over to the next fiscal year.

**B.4 Vacation leave

  • B.4.1 Executives are encouraged to use their vacation leave credits during the fiscal year in which they are earned, subject to the delegated manager's approval and operational requirements.
  • B.4.2 Entitlement
    • B.4.2.1 For each calendar month in which an executive has earned at least 10 days' pay, the executive earns:
      • B.4.2.1.1 12.5 hours per month (4 weeks per year) of vacation leave credits on appointment to an executive position;
      • B.4.2.1.2 15.625 hours per month (5 weeks per year) of vacation leave credits beginning the first month following the earliest attainment of:
        • B.4.2.1.2.1 10 years of service in the MGT category or equivalent as defined in Section D;
        • B.4.2.1.2.2 15 years of service of which 5 or more are MGT category service or equivalent as defined in section D; or
        • B.4.2.1.2.3 20 years' service
      • B.4.2.1.3 18.75 hours per month (6 weeks per year) commencing with the month in which the employee's 28th anniversary of service occurs;
      • B.4.2.1.4 Notwithstanding B.4.2.1.2 and B.4.2.1.3, where an employee has completed 20 or more years of service in the MGT category or equivalent as defined in Section D, the employee shall earn vacation leave at the rate identified in subsection B.4.2.1.3;
    • B.4.2.2 Exceptions:
      • B.4.2.2.1 Employees who were appointed to an executive position from another group within the NRC wherein the above rate of earning vacation leave credits is lower than the one the employee was entitled to prior to being appointed to the executive position, the employee's former rate will apply until they qualify to earn the next level of entitlement under the executive provisions.
      • B.4.2.2.2 Employees appointed to an executive position from organizations outside the federal public service who are included under the definition of service, are entitled to keep earning their vacation leave credits at the same rate as prior to being appointed to an executive position with President authorization, provided that the vacation entitlement rate does not exceed 18.75 hours per month (6 weeks per year).
      • B.4.2.2.3 At the President's discretion, employees appointed to an executive position from organizations to whom the definition of service does not apply, such as the private sector or universities, can keep earning their vacation leave credits at the same rate as prior to being appointed to an executive position, provided that:
        • B.4.2.2.3.1 the executive demonstrates that their vacation entitlement was greater than 12.5 hours per month (4 weeks per year); and
        • B.4.2.2.3.2 the vacation entitlement rate does not exceed 18.75 hours per month (6 weeks per year).
  • **B.4.3 Maximum carry-over of vacation leave credits
    • B.4.3.1 Effective 1 October 2009, executives shall be entitled to carry earned but unused vacation credits over into the following fiscal year to a maximum of 262.5 hours leave.
    • **B.4.3.2 The 262.5 hours limit may only be exceeded by an additional four (4) weeks where the NRC cancels a previously scheduled period of vacation leave and reschedules the excess for use at a later date or where the executive was unable to schedule vacation leave based on a request from the responsible Vice-President. Any vacation leave carried over under this exception must be used by March 31st of the following fiscal year or be subject to mandatory cash-out at the end of the fiscal year.
    • B.4.3.3 Notwithstanding subsections B.4.3.1 and B.4.3.2, if on October 1, 2009 or on the date of appointment to an MGT position, if after that date, an executive has more than 262.5 hours of unused vacation leave credits, a minimum of 75 hours per year shall be granted or paid in cash by March 31st of each year, commencing on March 31, 2010 until all vacation leave credits in excess of 262.5 hours have been liquidated.
  • B.4.4 Liquidation of vacation leave
    • B.4.4.1 Vacation leave credits over the maximum accumulations are reduced by:
      • B.4.4.1.1 Mandatory cash-out: On March 31 of each year, any earned but unused leave entitlement over the maximum accumulation will automatically be paid in cash, unless a request for carry-over has been made and approved in accordance with subsection B.4.3.2. The mandatory cash-out will be based on the salary the executive was earning on March 31 of the year in which the leave is being cashed out.
      • B.4.4.1.2 Voluntary cash-out: Subject to the delegated manager's approval, an executive may cash out a portion of or all accumulated vacation leave credits at any time. The voluntary cash-out will be based on the substantive base salary.
  • B.4.5 Portability of vacation leave
    • B.4.5.1 Prior earned but unused vacation leave credits from employment in an organization listed under the definition of service are accepted up to a maximum of 262.5 hours.
    • B.4.5.2 Termination of employment: Earned but unused vacation leave credits are automatically paid in cash upon termination of employment unless appointed to an organization under the definition of service that will accept such credits.
  • B.4.6 Cancellation of vacation leave or recall from vacation leave
    • B.4.6.1 An executive recalled to duty from vacation leave, or whose vacation leave is cancelled without notice will be reimbursed reasonable expenses incurred by the recall or cancellation subject to the presentation of such documentation as the responsible manager may require.
  • B.4.7 Recovery of salary for advanced leave
    • B.4.7.1 When employment is terminated for any reason other than death or lay-off, salary paid during any unearned vacation leave taken by the executive is subject to recovery.

B.5 Sick leave with pay

  • B.5.1 Credits
    • B.5.1.1 An executive earns sick leave credits at the rate of 9.375 hours for each month the executive receives at least 10 days' pay.
  • B.5.2 Granting of sick leave
    • B.5.2.1 An executive is granted sick leave with pay when unable to perform their duties because of illness or injury, provided that the necessary sick leave credits are available. A medical certificate is required when requested by the delegated manager.
  • B.5.3 Portability of sick leave
    • B.5.3.1 Unused sick leave credits earned in an organization included in the definition of service may be transferred in on appointment to an executive position with the NRC.
  • B.5.4 Special sick leave (discretionary)
    • B.5.4.1 At the discretion of NRC, executives may be granted up to 130 days' sick leave once during the course of their career. This leave:
      • B.5.4.1.1 may be granted to an executive who has insufficient sick leave credits to cover the entire period of an illness;
      • B.5.4.1.2 is granted after an executive has used all accumulated sick leave credits;
      • B.5.4.1.3 may be granted in several periods as required, depending on the executive's progress towards recovery;
      • B.5.4.1.4 will not be recovered from future leave credits; and
      • B.5.4.1.5 require a medical certificate.
    • B.5.4.2 NRC may authorize the use of any balance of the 130 days used previously for a subsequent serious illness.

**B.6 Leave with pay for family related responsibilities (discretionary)

  • B.6.1 Subject to approval of the delegated manager, an executive may be granted up to 5 days' leave with pay during any fiscal year for family-related responsibilities.
  • **B.6.2 For the purpose of subsection B.6, family is defined as:
    • spouse or common-law partner resident with the executive;
    • children (including foster children or children of spouse or common law partner or ward of the executive);
    • parents (including step-parents and foster-parents);
    • any relatives residing in the executive's household or with whom the executive permanently resides; and,
    • a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between such person and the executive.

B.7 Medical appointments for pregnant executives (mandatory)

  • B.7.1 Up to 3.75 hours of reasonable time off with pay will be granted to pregnant executives for the purpose of attending routine medical appointments.
  • B.7.2 Where a series of continuing appointments are necessary for the treatment of a particular condition relating to the pregnancy, absences shall be charged to sick leave.

B.8 Maternity leave without pay and allowance (mandatory)

  • B.8.1 An executive who becomes pregnant will, at their request, be granted maternity leave without pay for a period beginning before, on or after the date of childbirth, and ending no later than 18 weeks after the date of childbirth or the expected date of childbirth, provided that the executive has completed 6 months of continuous employment before the commencement of the executive's maternity leave.
  • B.8.2 An executive who has not commenced maternity leave without pay may elect to use their sick leave credits up to and beyond the date that their pregnancy terminates, subject to the provisions set out in subsection B.5 on sick leave credits.
  • B.8.3 Where the executive's new-born child is hospitalized, and where the executive has proceeded on maternity leave without pay and then returns to work for all or part of the period during which the executive's newborn child is hospitalized, the immediate manager may extend the period of maternity leave without pay beyond the date falling 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 executive was not on maternity leave, to a maximum of 18 weeks. The extension will end not later than 52 weeks after the termination of pregnancy.
  • B.8.4 Maternity allowance payments made according to the Supplemental Unemployment Benefit (SUB) Plan will consist of the following:
    • B.8.4.1 where an executive is subject to a waiting period before receiving Employment Insurance maternity benefits, 93% of their weekly rate of pay for the waiting period, less any other monies earned during this period,
    • B.8.4.2 for each week that the executive receives a maternity benefit under Employment Insurance or the Quebec Parental Insurance Plan, the executive is eligible to receive the difference between 93% of their weekly rate and the maternity benefit, less any other monies earned during this period which may result in a decrease in their maternity benefit to which the executive would have been eligible if no extra monies had been earned during this period, and
    • B.8.4.3 where an executive has received the full 15 weeks of maternity benefits under Employment Insurance and thereafter remains on maternity leave without pay, they are eligible to receive a further maternity allowance for a period of 1 week at 93% of their weekly rate of pay, less any other monies earned during this period.
  • B.8.5 At the executive's request, the payment referred to in B.8.4.1 will be estimated and advanced to the executive. Adjustments will be made once the executive provides proof of receipt of Employment Insurance or Quebec parental insurance benefits.

B.9 Parental leave without pay and allowance (mandatory)

  • B.9.1 An executive who becomes a parent through the birth of a child or adoption of a child is granted parental leave without pay for either:
    • B.9.1.1 a single period of up to 37 consecutive weeks within the 52 week period (standard option),

      Or

    • B.9.1.2 a single period of up to 63 consecutive weeks in the 78 week period (extended option), beginning on the date of the child's birth, or the date of acceptance of custody of the children for adoption.
    • B.9.1.3 At the request of the executive and at the discretion of the immediate manager, the leave may be taken in 2 periods.
  • B.9.2 The period of parental leave without pay ends no later than 52 weeks (standard option) or 78 weeks (extended option) after the child is born or the acceptance of custody.
  • B.9.3 Where a period of maternity leave without pay has been extended due to the hospitalization of the newborn child and is followed by a period of parental leave without pay, the period of parental leave without pay will end no later than 104 weeks after the day the child is born.
  • B.9.4 Under the Employment Insurance (EI) benefits plan, parental allowance is payable under two options, either:
    • standard option, or
    • extended option
  • B.9.5 Once an executive elects the standard or extended option and the weekly benefit top-up allowance is set, the decision is irrevocable and shall not be changed should the executive return to work at an earlier date than that originally scheduled.
  • B.9.6 Under the Québec Parental Insurance Plan (QPIP), parental allowance is payable only under Option 1: standard parental benefits.
  • Standard option

    B.9.7 Parental allowance payments made in accordance to the SUB plan will consist of the following:
    • B.9.7.1 where an executive is subject to a waiting period before receiving Employment Insurance parental benefits, 93% of their weekly rate of pay for the waiting period, less any other monies earned during this period,
    • B.9.7.2 for each week the executive receives parental, paternity or adoption benefits under Employment Insurance or the Quebec Parental Insurance Plan, they are eligible to receive the difference between 93% of their weekly rate and the parental, paternity or adoption benefit, less any other monies earned during this period, which may result in a decrease in their parental, paternity or adoption benefit to which the executive would have been eligible if no extra monies had been earned during this period;
    • B.9.7.3 B.9.7.3 where an executive has received the full 18 weeks of maternity benefit and the full 32 weeks of parental benefit or has divided the full 32 weeks of parental benefits with another employee in receipt of the full 5 weeks paternity under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, the executive is eligible to receive a further parental allowance for a period of 2 weeks of 93% of their weekly rate of pay for each week, less any other monies earned during this period;
    • B.9.7.4 where an executive has received the full 35 weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, they are eligible to receive a further parental allowance for a period of 1 week of 93% of their weekly rate of pay for each week, less any other monies earned during this period, unless said executive has already received the 1 week of allowance under B.8.4.3 for the same child; and
    • B.9.7.5 where an executive has divided the full 375 weeks of adoption benefits with another employee under the Québec Parental Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of up to 25 weeks, 93% of their weekly rate of pay for each week, less any other monies earned during this period;
    • B.9.7.6 Where an executive has divided the full 405 weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of 1 week, 93% of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the 1 week of allowance contained in B.8.4.3 and B.9.7.4 for the same child; and,
    • B.9.7.7 the maximum combined, shared maternity and standard parental allowances payable under this directive shall not exceed 57 weeks for each combined maternity and parental leave without pay.
  • B.9.8 At the executive's request, the payment referred to in B.9.7.1 will be estimated and advanced to the executive. Adjustments will be made once the executive provides proof of receipt of Employment Insurance or Quebec parental insurance benefits.
  • Extended option

    B.9.9 Parental allowance payments made according to the Supplementary Unemployment Benefits Plan will consist of:
    • B.9.9.1 where an executive is subject to a waiting period before receiving Employment Insurance parental benefits, 55.8% of their weekly rate of pay for the waiting period, less any other monies earned during this period;
    • B.9.9.2 for each week the executive receives parental, paternity or adoption benefits under Employment Insurance, they are eligible to receive the difference between 55.8% of their weekly rate and the parental, paternity or adoption benefit, less any other monies earned during this period, which may result in a decrease in their parental, paternity or adoption benefit to which the executive would have been eligible if no extra monies had been earned during this period;
    • B.9.9.3 where an executive has received the full 61 weeks of parental benefit under Employment Insurance and thereafter remains on parental leave without pay, they are eligible to receive a further parental allowance for a period of 1 week of 55.8% of their weekly rate of pay for each week, less any other monies earned during this period, unless said executive has already received the 1 week of allowance under subsection B.9.8.1 for the same child; and
    • B.9.9.4 Where an executive has divided the full 69 weeks of parental benefits with another employee under the Employment Insurance Plan for the same child and either employee thereafter remains on parental leave without pay, that employee is eligible to receive a further parental allowance for a period of 1 week, 55.8% of their weekly rate of pay for each week, less any other monies earned during this period, unless said employee has already received the 1 week of allowance contained in B.8.4.3 for the same child; and,
    • B.9.9.5 the maximum combined, shared maternity and extended parental allowances payable under this directive shall not exceed 86 weeks for each combined maternity and parental leave without pay.
  • B.9.10 At the executive's request, the payment referred to in B.9.9.1 will be estimated and advanced to the executive. Adjustments will be made once the executive provides proof of receipt of Employment Insurance;

B.10 Maternity and parental allowances (mandatory)

  • B.10.1 An executive who has completed at least 6 months of continuous employment and who requests maternity and/or parental leave will be paid a maternity and/or parental allowance in accordance with the SUB Plan as described in subsections B.8 and B.9 on the condition that the executive:
    • B.10.1.1 agrees to return to work for a period equal to the period of receipt of maternity and/or parental allowance; and
    • B.10.1.2 where the executive has elected the extended option, upon return to work, the executive will work a period equal to 60% of the period for which the executive received the extended option allowance plus the maternity period, if any; and
    • B.10.1.3 provides the immediate manager with proof that they have applied for and are eligible to receive maternity, paternity, parental or adoption benefits under Employment Insurance or the Quebec Parental Insurance Plan.
  • B.10.2 If the executive fails to return to work, for reasons other than death, lay-off, or having become disabled as defined in the Public Service Superannuation Act, on a date specified by the immediate manager and for a period of work equivalent to the time for which maternity and/or parental allowances were paid, then all monies received by the executive as maternity and/or parental allowance, equivalent to the period for which the executive fails to return to work, will be recovered.
  • B.10.3 However, if an executive is appointed for a specified period of employment and if the period of employment expired while the executive was on maternity or parental leave, the executive who is rehired in any portion of the federal public administration as specified in schedules I, IV and V of the Financial Administration Act within a period of 90 days or less is not indebted for the amount if the new period of employment is sufficient to meet the obligations of returning to work for a period equal to the period of receipt of maternity and/or parental allowance.
  • B.10.4 Periods of leave with pay count as time worked to fulfill the obligations of the period equal to the period of receipt of maternity and/or parental allowance. Periods of leave without pay during the employee's return to work will not count as time worked but interrupt the period of obligations to work for a period equal to the period of receipt of maternity and/or parental allowance without activating the recovery provisions.
  • B.10.5 The maternity and/or parental allowance to which an executive is entitled, as specified in subsections B.8 and B.9, is limited to that provided under the SUB Plan and an executive will not be reimbursed for any amounts that they are required to repay pursuant to the Employment Insurance Act or the Quebec Parental Insurance Plan.
  • B.10.6 The weekly rate of pay referred to in the SUB Plan is the rate to which the executive is entitled for their substantive level; however, if on the day immediately preceding the commencement of maternity or parental leave without pay an executive has been acting for at least 4 months, the weekly rate is the rate they were being paid on that day.
  • B.10.7 An executive who fails to satisfy the eligibility requirements under Employment Insurance or the Quebec Parental Insurance Plan, for maternity, paternity, parental or adoption benefits, solely because of a concurrent entitlement to benefits under the long-term disability insurance portion of the Public Service Management Insurance Plan (PSMIP) or the Government Employees Compensation Act, is paid, for each week the executive would have received a maternity or parental allowance had the executive met the eligibility requirements, the difference between 93% of their weekly rate of pay and the gross amount of their weekly disability benefit.
  • B.10.8 Maternity and parental leave without pay counts for the calculation of service for the purpose of calculating severance pay and vacation leave.

**B.11 Care of family leave without pay (mandatory)

  • B.11.1 An executive is entitled to leave without pay for the care of a family member, provided that:
    • B.11.1.1 the executive notifies the immediate manager at least 4 weeks in advance of the commencement date of such leave, unless such notice cannot be given because of an urgent or unforeseeable circumstance;
    • B.11.1.2 the leave is for a period of at least 3 weeks; and
    • B.11.1.3 the total leave granted under this clause does not exceed 5 years during an executive's total period of employment in the Public Service.
  • **B.11.2 For the purpose of subsection B.11, family is defined as:
    • spouse or common-law partner resident with the executive;
    • children (including foster children or children of spouse or common-law partner or ward of the executive);
    • son-in-law, daughter-in-law;
    • parents (including step-parents and foster-parents);
    • any relative residing in the executive's household or with whom the executive permanently resides; and
    • a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between such person and the executive.
  • B.11.3 Counting leave for care of family towards service
    • B.11.3.1 For the purpose of calculating vacation leave entitlement and severance pay, only the first 3 months of leave for care of family is counted as service.

B.12 Caregiving leave without pay

  • B.12.1 An executive who provides the Employer with proof that they are in receipt of or awaiting Employment Insurance (EI) benefits for compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults may be granted leave without pay while in receipt of or awaiting these benefits.
  • B.12.2 The leave without pay shall not exceed 26 weeks for compassionate care benefits, 35 weeks for family caregiver benefits for children and 15 weeks for family caregiver for adults, in addition to any applicable waiting period.
  • B.12.3 When notified, an executive who was awaiting benefits must provide the Employer with proof that the request for EI compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults has been accepted.
  • B.12.4 When an executive is notified that their request for EI compassionate care benefits, family caregiver benefits for children and/or family caregiver benefits for adults has been denied, the above ceases to apply.
  • B.12.5 Leave granted under this clause shall count for the calculation of "continuous employment" for the purpose of calculating severance pay and "service" for the purpose of calculating vacation leave. Time spent on such leave shall count for pay increment purposes.

B.13 Domestic violence leave

  • B.13.1 For the purposes of this clause, domestic violence is considered to be any form of abuse or neglect that an executive or an executive's child experiences from someone with whom the executive has or had an intimate relationship.
  • B.13.2 Upon request, an executive who is subject to domestic violence or who is the parent of a dependent child who is subject to domestic violence from someone with whom the executive has or had an intimate relationship shall be granted domestic violence leave in order to enable the executive, in respect of such violence:
    • B.13.2.1 to seek care and/or support for themselves or their dependent child in respect of a physical or psychological injury or disability;
    • B.13.2.2 to obtain services from an organization which provides services for individuals who are subject to domestic violence;
    • B.13.2.3 to obtain professional counselling;
    • B.13.2.4 to relocate temporarily or permanently; or
    • B.13.2.5 to seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal proceeding.
  • B.13.3 The total domestic violence leave with pay which may be granted under this clause shall not exceed 75 hours in a fiscal year.
  • B.13.4 The Employer may, in writing and no later than 15 days after an executive's return to work, request the executive to provide documentation to support the reasons for the leave. The executive shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.
  • B.13.5 An executive is not entitled to domestic violence leave if the executive is charged with an offence related to that act or if it is probable, considering the circumstances, that the executive committed that act.

B.14 Court leave (mandatory)

  • B.14.1 Executives are entitled to leave with pay for:
    • B.14.1.1 Jury duty; and
    • B.14.1.2 Appearing before any body authorized by law to compel the attendance of witnesses, when summoned or subpoenaed to do so.

**B.15 Bereavement leave (mandatory)

  • B.15.1 When a member of an executive's family dies, the executive is entitled to leave with pay of a duration considered appropriate by the delegated manager.
  • **B.15.2 For the purpose of subsection B.15, family is defined as:
    • spouse or common-law partner resident with the executive;
    • children (including foster children or children of spouse or common-law partner), stepchildren, son-in-law, daughter-in-law and grandchildren;
    • parents (including step-parents and foster-parents), father-in-law, mother-in-law and grandparents (including grandparents of spouse or common-law partner);
    • brothers and sisters, brothers-in-law and sisters-in-law;
    • aunts or uncles;
    • any relative residing in the executive's household or with whom the executive permanently resides; and
    • a person who stands in the place of a relative for the eligible executive whether or not there is any degree of consanguinity between such person and the executive.
  • B.15.3 An executive shall be entitled to bereavement leave for a person who stands in the place of a relative for the executive whether or not there is any degree of consanguinity between such person and the executive only once during the executive's total period of employment in the public service.

B.16 Special leave with pay (discretionary)

  • B.16.1 NRC may grant an executive special leave with pay not otherwise provided for in this plan in whatever amount NRC considers appropriate.

B.17 Other leave without pay (discretionary)

  • B.17.1 At NRC's discretion, an executive may be granted leave without pay for purposes other than those specified in this plan.

**B.18 Leave for Traditional Indigenous Practices

  • B.18.1 Subject to operational requirements as determined by the Employer, fifteen (15) hours of leave with pay and twenty-two decimal five (22.5) hours of leave without pay per fiscal year shall be granted to an executive who self-declares as an Indigenous person and who requests leave to engage in traditional Indigenous practices, including land-based activities such as hunting, fishing, and harvesting. For the purposes of this provision, an Indigenous person means First Nations, Inuit or Métis.
  • B.18.2 Unless otherwise informed by the Employer, a statement signed by the executive stating that they meet the conditions of this article shall, when delivered to the Employer, be considered as meeting the requirements of this provision.
  • B.18.3 An executive who intends to request leave under this article must give notice to the Employer as far in advance as possible before the requested period of leave.
  • B.18.4 Leave under this provision may be taken in one or more periods. Each period of leave shall not be less than seven decimal five (7.5) hours.

B.19 Agreement to being deployed

  • B.19.1 Employees agree to being deployed as a condition of employment upon appointment (with the exception of acting appointments) or deployment to any position in the MGT category, where such deployment does not involve relocation as per the NJC Directive unless the executive is agreeable to relocating.
  • B.19.2 Executives whose substantive position is at the MGT1 to MGT5 levels on 1 April 2022, are not subject to subsection B.19.1 until they are deployed or appointed (with the exception of acting appointments) to another MGT position, or until April 1, 2023, whichever comes first.

B.20 Severance benefits

  • B.20.1 General
    • B.20.1.1 Under the following circumstances and subject to subsection B.20.1.2, an employee shall receive severance benefits calculated on the basis of the weekly rate of pay to which the employee is entitled for their substantive classification on the date of the termination of their employment.
    • B.20.1.2 Severance benefits payable to an employee under subsection B.20 shall be reduced by any period of continuous employment in respect of which he was already granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police.
    • B.20.1.3 Under no circumstances shall the maximum severance pay provided under this article by pyramided.
    • B.20.1.4 For greater certainty, payments made pursuant to A.5.3.4.182 to A.5.3.4.186 of Section E or similar provisions in other collective agreements and/or compensation plans shall be considered as a termination benefit for the administration of this clause. Effective 21 May 2012, these payments shall also be included in Workforce adjustment (WFA) calculations with respect to the maximum total lay-off benefits to which a surplus employee is entitled under the NRC WFA Policy.
  • B.20.2 Lay-off
    • B.20.2.1 Subject to subsection B.20.1.2, in the case of an employee who is laid-off for the first time, the amount of severance pay shall be 2 weeks' pay for the first and 1 week's pay for each succeeding complete year of continuous employment.
    • B.20.2.2 Subject to subsection B.20.1.2, in the case of an employee who is laid-off for a second or subsequent time, the amount of severance pay shall be 1 week's pay for each completed year of continuous employment less any period in respect of which the employee was granted severance pay under B.19.2.1.
  • B.20.3 Rejection on probation
    • B.20.3.1 Subject to subsection B.20.1.2, on rejection on probation, when an employee appointed to the continuing staff of the NRC has completed more than 1 year of continuous employment and ceases to be employed by reason of rejection during a probationary period, 1 week's pay for each completed continuous service with a maximum benefit of 27 weeks.
  • B.20.4 Death
    • B.20.4.1 Subject to subsection B.20.1.2, regardless of any other benefit payable, if an employee dies, there shall be paid to their estate a severance payment in respect of the employee's complete period of continuous employment, comprised of 1 week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, 1 week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of 30 weeks.
  • B.20.5 Release for incapacity
    • B.20.5.1 Subject to subsection B.20.1.2, an employee who is released for incapacity shall on termination of their employment be entitled to severance pay on the basis of 1 week's pay for each complete year of continuous employment with a maximum benefit of 28 weeks.
  • B.20.6 Release for unsatisfactory performance
    • B.20.6.1 Subject to subsection B.20.1.2, when an employee has completed more than 10 years of continuous employment and ceases to be employed by reason of release for unsatisfactory performance shall be entitled to 1 week's pay for each complete year of continuous employment with a maximum benefit of 28 weeks.
  • B.20.7 Appointment to another public service employer
    • B.20.7.1 An executive who resigns to accept an appointment with an organization listed in Schedule I, IV and V of the Financial Administration Act shall be paid any outstanding severance payments if applicable under Section E.
    • B.20.7.2 For executives who were subject to the payment in lieu of severance for 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 in Section E.

Part II – Merit Review

Section C: Performance pay and in-range salary movement

C.1 Context

  • C.1.1 Performance assessment determines executives' access to performance pay and in-range salary movement.
  • C.1.2 Performance pay and in-range salary movement are paid in respect of the previous performance review period.
  • C.1.3 Performance pay and in-range salary movement cannot be authorized in the absence of a completed performance assessment.

C.2 Budgets

  • C.2.1 Performance pay spending limits are calculated as a percentage of organizational payroll based on the salaries of employees paid as executives on March 31.

C.3 Eligibility for performance pay and in-range salary movement

  • C.3.1 To be eligible for performance pay and in-range salary movement, executives and non-executives appointed to executive positions must have a completed performance assessment and have performed the duties of an executive position for no less than 3 consecutive months.

C.4 In-range salary movement

  • C.4.1 Progress of an executive's salary within the salary range established for the position, up to the maximum, is affected by the extent to which results were achieved.
  • C.4.2 An executive who has received an assessment of "did not meet expectations" or "met some expectations" in relation to commitments is not eligible for in-range salary movement.
  • C.4.3 In-range salary movement cannot result in either a salary in excess of the salary range maximum or a lump sum payment.

C.5 Performance pay

  • C.5.1 In addition to the base salary, executives may earn performance pay each year. Performance pay must be re-earned each year, based on the eligibility requirements. The amount of the performance pay depends on the extent to which results were achieved.
  • C.5.2 A prerequisite for access to performance pay is that the executive received at least a "met some expectations" performance rating. No performance pay may be provided when the executive received a performance rating of "did not meet expectations".
  • C.5.3 Performance pay is a lump sum and is deemed to be part of the executive's effective rate of pay for pension purposes only.
  • C.5.4 For part-time executives, performance pay is pro-rated according to the number of hours worked.

**C.6 Rounding

  • **C.6.1 In-range increases to base salary are rounded to the nearest $1.
  • C.6.2 Performance pay is rounded to the nearest $1.

C.7 Administration of performance pay and in-range salary movement in special circumstances

  • C.7.1 Executives acting in higher-level executive positions
    • C.7.1.1 In-range salary movement, subject to C.3 and C.4.2, for the achievement of commitments when receiving acting pay:
      • C.7.1.1.1 If the salary for the executive's substantive position is below the range maximum for the executive's substantive position, the executive's substantive position salary is increased by the percentage awarded, and a new acting salary is calculated based on the new substantive position salary.
      • C.7.1.1.2 If the executive's substantive position salary is at its own salary range maximum, or if the recalculation of the substantive position salary in subsection C.7.1.1.1 does not result in a revised acting salary, the percentage awarded for the achievement of commitments should be based on and applied to the acting salary to determine the new acting salary.
    • C.7.1.2 Performance pay when receiving acting pay:
      • C.7.1.2.1 If the executive has occupied the higher level executive position for no less than 3 consecutive months, performance pay, subject to C.3 and C.5.2, is prorated in accordance with time spent at each level.
  • C.7.2 Non-executives acting in executive positions
    • C.7.2.1 A non-executive acting in an executive position is eligible for performance pay and in-range salary movement, subject to subsections C.3, C.4.2, and C.5.2.
    • C.7.2.2 In situations where the acting period straddles 2 fiscal years and the minimum 3 month period is not met in any of the fiscal year (e.g. March 1st to May 31st), performance pay, if any, will be administered in the cycle where most of the acting period occurred. In-range salary movement would not apply.
  • C.7.3 Executives appointed to NRC who were occupying an executive position within the federal public service prior to joining NRC
    • C.7.3.1 Subject to subsections C.3, C.4.2, and C.5.2, all time spent in an executive position during the performance cycle is considered provided that this period is of no less than 3 consecutive months.
  • C.7.4 Retirement or death
    • C.7.4.1 Performance pay and in-range salary movement may be given provided that the executive meets the eligibility requirements under subsections C.3, C.4.2, and C.5.2, and provided that such pay or movement is pro-rated according to time spent performing the duties of the executive position.
    • C.7.4.2 If an executive dies during the performance review period and was eligible for performance pay and in-range salary movement, they are to be paid to the executive's named beneficiary or estate.
  • C.7.5 Language training
    • C.7.5.1 An executive on full-time language training for less than three months may be eligible, subject to C.3, C.4.2, and C.5.2, for performance pay and in-range salary movement based upon the full cycle.
  • C.7.6 Salary maintenance
    • C.7.6.1 Non-executives appointed to an executive position with a maximum salary lower than the salary they were receiving in their previous position:
      • C.7.6.1.1 Are not eligible to receive in-range salary movement; and
      • C.7.6.1.2 Subject to subsections C.3 and C.5.2, are eligible to receive performance pay. Performance pay is calculated as a percentage of the salary maximum of the new position.
      • C.7.6.1.3 When the salary falls within the salary range of the new position and salary maintenance ends, in-range salary movement and performance pay may be awarded and will be paid as a percentage of the executive's salary and not the salary maximum of the new position.
  • C.7.7 Downward reclassification
    • C.7.7.1 Executive whose salary is remaining unchanged in an executive position as a result of downward reclassification:
      • C.7.7.1.1 Are not eligible to receive in-range salary movement; and
      • C.7.7.1.2 Subject to subsections C.3 and C.5.2, is eligible for performance pay calculated as a percentage of the salary range maximum applicable to the level of the position occupied.
  • C.7.8 Workforce adjustment salary protection
    • C.7.8.1 Executive who is salary protected in an executive position under the Workforce Adjustment policy continuing to receive all pay entitlements applicable to the position from which the executive was declared surplus:
      • C.7.8.1.1 If salary is below the maximum rate of pay for the position to which the executive was declared surplus then remain eligible for in-range movement subject to subsection C.3 and C.4.2
      • C.7.8.1.2 Subject to subsections C.3 and C.5.2 is eligible for performance pay calculated as a percentage of the salary range maximum applicable to the level of the position occupied.
  • C.7.9 Secondment
    • C.7.9.1 Executives on secondment or interchange from the NRC are eligible for performance pay and in-range salary movement, subject to subsections C.3, C.4.2 and C.5.2.
    • C.7.9.2 Executives on secondment or interchange from outside the NRC are not eligible for performance pay. Their compensation, performance pay and in-range salary movement, if any, are determined by their home organization.
  • C.7.10 Leave with or without pay
    • C.7.10.1 Subject to subsections C.3, C.4.2, and C.5.2, an executive who was on leave with or without pay for less than 3 consecutive months during the performance review period is eligible for performance pay and in-range salary movement.
    • C.7.10.2 Subject to subsections C.3, C.4.2, and C.5.2, an executive who was on leave with or without pay for 3 consecutive months or more during the performance review period may be eligible for performance pay and in-range salary movement for the period of time worked. Performance pay and in-range salary movement are pro-rated so that the leave period is not counted because the executive did not perform the duties of the position while on leave.
    • C.7.10.3 An executive on leave with or without pay for the entire performance review period is not entitled to in-range salary movement or performance pay.
  • C.7.11 Executives appointed for a specified period
    • C.7.11.1 Subject to subsections C.3, C.4.2, and C.5.2, executives appointed for a specified period, with the exception of supplementary workers, are eligible for performance pay and in-range salary movement.

Part III – Appendixes

Section D: Equivalent groups and levels to NRC executive management category for vacation entitlements

Equivalent groups and levels to NRC executive management (MGT) category for vacation entitlements.

Group Level (s)
Executive (EX) 1,2,3,4,5
Research Officer (SRO-PRO)
Research Council Officer (RCO) 4,5
Computer Systems Administration (CS) 5
Information Technology (IT) 5
Financial Administration (FI) 4
Personnel Administration (PE) 6
Defence Scientific Service (DS) 7A, 7B, 8
Medicine - Medical Officer (MD-MOF) 4,5
Medicine - Medical Specialist (MD-MSP) 3
Scientific Research - Research Manager (SE-REM) 2

Note: At the President's discretion, MGT category service or equivalent as defined in the list above can also include private sector service, university service or service in other levels of government, at the executive level.

Section E: Archived provisions for the elimination of severance pay for voluntary separations (resignation and retirement)

This Annex is to preserve the provisions provided for the elimination of severance pay for voluntary separations (resignation and retirement) on October 2, 2011 for the MGT Group.

These historical provisions are being reproduced to preserve the language in cases of deferred payment.

Effective 2 October 2011, paragraphs A.5.3.4.168 through A.5.3.4.174 are deleted from the Compensation Plan.

  • A.5.3.4.159 Severance pay
  • A.5.3.4.160 General
  • A.5.3.4.161 For the purpose of determining the amount of severance pay to which an employee is entitled under A.5.3.4.159, the employee's years of continuous employment shall be reduced by any period of continuous employment in respect of which was granted severance pay, retiring leave, rehabilitation leave or a cash gratuity in lieu thereof by the Public Service, a federal crown corporation, the Canadian Armed Forces or the Royal Canadian Mounted Police.
  • A.5.3.4.162 Under no circumstances shall the maximum severance pay provided under this article by pyramided. For greater certainty, payments made pursuant to A.5.3.4.182 to A.5.3.4.186 or similar provisions in other collective agreements and/or compensation plans shall be considered as a termination benefit for the administration of this clause. Effective 21 May 2012, these payments shall also be included in Workforce Adjustment (WFA) calculations with respect to the maximum total lay-off benefits to which a surplus employee is entitled under the NRC WFA Policy.
  • A.5.3.4.163 The weekly rate of pay referred to in A.5.3.4.159 shall be the weekly rate of pay to which the employee is entitled for his substantive classification on the date of the termination of his employment.
  • A.5.3.4.164 Lay-off
  • A.5.3.4.165 An employee who has one (1) year or more of continuous employment and who is laid off is entitled to be paid severance pay at the time of lay-off.
  • A.5.3.4.166 Subject to A.5.3.4.161, in the case of an employee who is laid-off for the first time, the amount of severance pay shall be two (2) weeks' pay for the first and one (1) week's pay for each succeeding complete year of continuous employment.
  • A.5.3.4.167 Subject to A.5.3.4.161, in the case of an employee who is laid-off for a second or subsequent time, the amount of severance pay shall be one (1) week's pay for each completed year of continuous employment less any period in respect of which the employee was granted severance pay under A.5.3.4.166 above.

Effective 2 October 2011, paragraphs A.5.3.4.168 through A.5.3.4.174 are deleted from the Compensation Plan.

  • A.5.3.4.168 Resignation
  • A.5.3.4.169 Subject to A.5.3.4.161 and A.5.3.4.170, an employee who has ten (10) or more years of continuous employment is entitled to be paid on resignation from the Council severance pay equal to the amount obtained by multiplying half of the employee's weekly rate of pay on the effective date of resignation by the number of completed years of continuous employment to a maximum of twenty-six (26) weeks, except that A.5.3.4.169 shall not apply to an employee who resigns to accept employment in the Public Service or a federal crown corporation that accepts the transfer of leave credits.
  • A.5.3.4.170 Retirement
  • A.5.3.4.171 Subject to A.5.3.4.161, on termination of employment,
  • A.5.3.4.172 a) an employee who is entitled to an immediate annuity under the Public Service Superannuation Act, or when the employee is entitled to an immediate annual allowance under the Public Service Superannuation Act,

    or

  • A.5.3.4.173 b) a part-time employee who regularly works twelve (12) or more hours per week but less than thirty (30) hours a week and who if the employee were a contributor under the Public Service Superannuation Act, would be entitled to an immediate annuity thereunder, or who would have been entitled to an immediate annual allowance if the employee were a contributor under the Public Service Superannuation Act,
  • A.5.3.4.174 shall be paid a severance payment in respect of the employee's complete period of continuous employment, comprised of one (1) week's pay for each complete year of continuous employment and in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks' pay.
  • A.5.3.4.175 Death
  • A.5.3.4.176 Subject to A.5.3.4.161, regardless of any other benefit payable, if an employee dies, there shall be paid to the employee's estate a severance payment in respect of the employee's complete period of continuous employment, comprised of (1) week's pay for each complete year of continuous employment and in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by 365, to a maximum of thirty (30) weeks' pay.
  • A.5.3.4.177 Termination For Cause Non-Disciplinary
  • A.5.3.4.178 a) Subject to A.5.3.4.161, when an employee is released for incapacity, the amount of severance pay shall be one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay;
  • A.5.3.4.179 b) Subject to A.5.3.4.161, when an employee who has completed more than ten (10) years of continuous employment, is released for incompetence, the amount of severance pay shall be one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-eight (28) weeks' pay.
  • A.5.3.4.180 Rejection on Probation
  • A.5.3.4.181 Subject to A.5.3.4.161, when an employee appointed to the continuing staff of NRC has completed more than one (1) year of continuous employment and ceases to be employed by reason of rejection during the probationary period, the employee shall be paid one (1) week's pay for each complete year of continuous employment with a maximum benefit of twenty-seven (27) weeks.
  • A.5.3.4.182 Severance Termination
  • A.5.3.4.183 Subject to A.5.3.4.161 above, indeterminate employees on 2 October 2011 shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks.
  • A.5.3.4.184 Subject to A.5.3.4.161 above, on October 2, 2011 term employees shall be entitled to a severance payment equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks.
  • A.5.3.4.185 Terms of Payment for Severance Termination

    Options

    The amount to which an employee is entitled shall be paid, at the employee's discretion, either:

    1. as a single payment at the rate of pay of the employee's substantive position as of 2 October 2011, or
    2. as a single payment at the time of the employee's termination of employment from the Council, based on the rate of pay of the employee's substantive position at the date of termination of employment from the Council, or,
    3. as a combination of (a) and (b), pursuant to A.5.3.4.186(c).
  • A.5.3.4.186 Selection of Option
    1. The Employer will advise the employee of his years of continuous employment no later than three (3) months following the date of 2 October 2011.
    2. The employee shall advise the Employer of the term of payment option selected within six (6) months from the date of 2 October 2011.
    3. The employee who opts for the option described in A.5.3.4.185(c) must specify the number of complete weeks to be paid out pursuant to A.5.3.4.185(a) and the remainder to be paid out pursuant to A.5.3.4.185(b).
    4. An employee who does not make a selection under A.5.3.4.186(b) will be deemed to have chosen option A.5.3.4.185(b).
  • A.5.3.4.187 Appointment from a Different Group
  • A.5.3.4.188 This clause applies in a situation where an employee is appointed into a position in the MG Compensation Plan from a position outside the MG Compensation Plan where, at the date of appointment, provisions similar to those in A.5.3.4.168 through A.5.3.4.174 are still in force, unless the appointment is only on an acting basis.
    1. Subject to A.5.3.4.160 through A.5.3.4.163 above, on the date an indeterminate employee becomes subject to this Compensation Plan after 2 October 2011, he shall be entitled to severance payment equal to one (1) week's pay for each complete year of continuous employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
    2. Subject to A.5.3.4.160 through A.5.3.4.163 above, on the date a term employee becomes subject to this Compensation Plan after 2 October 2011, he shall be entitled to severance payment payable under A.5.3.4.185(b), equal to one (1) week's pay for each complete year of continuous employment, to a maximum of thirty (30) weeks, based on the employee's rate of pay of his substantive position on the day preceding the appointment.
    3. An employee entitled to a severance payment under sub-paragraph (a) or (b) shall have the same choice of options outlined in A.5.3.4.185, however the selection of which option must be made within three (3) months of being appointed to the MG Compensation Plan.

Section F: Definitions

Common‑law partner
(conjoint de fait) - A person living in a conjugal relationship with an employee for a continuous period of at least one year. (See also spouse)
Executive
(cadre supérieur) - An employee appointed or assigned to an excluded and unrepresented position in the Management Category (MGT), levels 1 to 5.
Lower-level position
(poste de niveau inférieur) - A position with a lower salary maximum than the previous substantive level of the executive.
MGT equivalent
(équivalent MGT) - Groups and levels that are considered equivalent to the Management Category for vacation entitlements.
Salary
(salaire) - The fixed recurring portion of an employee's cash compensation received for the performance of the regular duties of a position, exclusive of allowances, performance pay or other compensation or gratuities.
Service
(service) - Continuous and discontinuous employment with any organization that is subject to the Financial Administration Act or with any organization in which the individual was a contributor under the Public Service Superannuation Act, Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.
Spouse
(conjoint) - The person married to the employee. (See also common-law partner)