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Part I - General

Article 1
Preamble

1.01 The parties to this Agreement share a desire to improve the quality of the career foreign service within the Public Service of Canada, to maintain and enhance the professional standards of Foreign Service officers to the end that the people and Government of Canada will be well and effectively served in the furtherance of Canada's national interests in Canada and abroad. Accordingly, they are determined to establish within the framework provided by law an effective working relationship.

1.02 The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the Association and the career foreign service employees it represents, and to set forth certain terms and conditions of employment relating to remuneration, employee benefits and general working conditions affecting employees covered by this Agreement.

1.03 The Employer will retain all the functions, rights, powers and authority not specifically abridged or modified by this Agreement.

1.04 Nothing in this Agreement shall be construed as an abridgement or restriction of any employee's constitutional rights or of any right expressly conferred in an Act of the Parliament of Canada.

Article 2
Interpretation and Definitions

2.01 For the purpose of this Agreement:

"Association"

means the Professional Association of Foreign Service Officers (Association),

"bargaining agent"

means the Professional Association of Foreign Service Officers (agent négociateur),

"bargaining unit"

means the employees of the Employer in the Foreign Service Group as described in the certificate issued by the Public Service Staff Relations Board on March 11, 1968 as amended on May 10, 1999 (unité de négociation),

"common-law partner"

refers to a person living in a conjugal relationship with an employee for a continuous period of at least one (1) year (conjoint de fait),

"continuous employment"

has the same meaning as specified in the Public Service Terms and Conditions of Employment Regulations (emploi continu),

"daily rate of pay"

means an employee's weekly rate of pay divided by five (5) (taux de rémunération journalier),

"double time"

means twice (2) the straight-time hourly rate (tarif double),

"employee"

means a person who is a member of the bargaining unit (fonctionnaire),

"Employer"

means Her Majesty in right of Canada as represented by the Treasury Board, and includes any person authorized to exercise the authority of the Treasury Board (Employeur),

"hourly rate of pay"

means an employee's daily rate of pay divided by seven decimal five (7.5) (taux de rémunération horaire),

**

"overtime" (heures supplémentaires) means:

1. in the case of a full-time employee, authorized work performed in excess of the employee's daily or weekly hours of work prescribed in this Collective Agreement,
   or
2. in the case of a part-time employee, authorized work performed in excess of seven decimal five (7.5) hours per day or thirty-seven decimal five (37.5) hours per week but does not include time worked on a holiday,
   or
3. for any employee whose normal scheduled hours of work are in excess of seven decimal five (7.5) hours per day, authorized work performed in excess of those normal scheduled daily hours or an average of thirty-seven decimal five (37.5) hours per week,

"part-time employee"

means an employee 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 Public Service Labour Relations Act (fonctionnaire à temps partiel),

"spouse"

will, when required, be interpreted to include "common-law partner" except, for the purposes of the Foreign Service Directives, in which case the definition of "spouse" will remain as specified in Directive 2 of the Foreign Service Directives (époux),

"time and one-half"

means one and one-half (1 1/2) times the straight-time (tarif et demi),

"weekly rate of pay"

means an employee's annual rate of pay divided by
fifty-two decimal one seven six (52.176) (taux de rémunération hebdomadaire).

2.02 Except as otherwise provided in this Agreement, expressions used in this Agreement:

1. if defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Public Service Labour Relations Act,
2. if defined in the Interpretation Act, but not defined in the Public Service Labour Relations Act, have the same meaning as given to them in the Interpretation Act,
   and
3. if defined in the Public Service Terms and Conditions of Employment Regulations but not defined in either the Public Service Labour Relations Act or the Interpretation Act, have the same meaning as given to them in the Public Service Terms and Conditions of Employment Regulations as they are amended from time to time.

2.03 The parties to this Agreement share a desire to eliminate sexual stereotyping from all government communications and, to this end, have agreed to give equal importance to both sexes in alternating the use of the feminine and masculine genders in the wording of this Agreement. Therefore, unless otherwise indicated by the context, what is formulated in the feminine gender includes the masculine and vice versa.

2.04 The English and French texts of this Agreement are equally authentic.

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