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Appendix "E"

Memorandum of Understanding Between the Treasury Board (Hereinafter Called The Employer)
and
the Professional Institute of the Public Service of Canada (Hereinafter Called The Institute) in Respect of an Allowance for Certain Health Canada Employees in the Biological Science Group of the Applied Science and Patent Examination (SP) Bargaining Unit

1. The Employer will provide an Allowance to employees of the Health Product and Food Branch (HPFB) of Health Canada, who are involved in the assessment of submissions for human therapeutic products and occupy:
   • BI-4 or BI-5 positions;
     or
   • BI-5 positions in the HPFB currently supervising BI-4 employees in receipt of the allowance provided herein;
     and
   who assess the safety and efficacy of Human Therapeutic Products (drugs and devices as defined in section 2 of the Food and Drug Act) through a combination of in-depth scientific assessment of human clinical data, risk/benefit assessment, risk management and communication. The assessment would be undertaken in respect of any of the following:
   • pre-market
   • biologic manufacturing
   • bioavailability
   • post-market
2. The parties agree that BI employees who perform the duties of the specific positions identified above shall be eligible to receive a "Human Drugs Clinical Review Allowance" in the following amounts and subject to the following conditions:
   1. Commencing October 1, 2007 and ending September 30, 2011, BI employees who perform the duties of the specific positions identified above shall be eligible to receive a Human Drugs Clinical Review Allowance in the following applicable annualized amount to be paid biweekly:
   2. the employee shall be paid the daily amount shown below for each calendar day for which the employee is paid pursuant to Appendix "A" of the collective agreement. This daily amount is equivalent to the annual amount set out below for each position and level divided by two hundred and sixty decimal eight eight (260.88);
      

      	Annual Amount	Daily Amount
      BI-4	$14,694	$56.32
      BI-5	$16,794	$64.37

      
      
   3. The Human Drugs Clinical Review Allowance specified above does not form part of an employee's salary except for the determination of the Supplementary Unemployment Benefit provided for in clauses 17.04, 17.05, 17.07 and 17.08.
   4. The Human Drugs Clinical Review Allowance shall not be paid to or in respect of a person who ceased to be a member of the bargaining unit prior to the date of signing of this Memorandum of Understanding.
   5. Subject to (f) below, the amount of the Human Drugs Clinical Review Allowance payable is that amount specified in 2(b) for the level prescribed in the certificate of appointment of the employee's substantive position.
   6. When a BI employee is required by the Employer to perform the duties of a higher classification level in accordance with clause 46.08, the Human Drugs Clinical Review Allowance payable shall be proportionate to the time at each level.
3. A part-time BI employee shall be paid the daily amount shown above divided by seven decimal five (7.5), for each hour paid at his hourly rate of pay pursuant to clause 40.03.
4. An employee shall not be entitled to the Human Drugs Clinical Review Allowance for periods he is on leave without pay or under suspension.
5. The parties agree that disputes arising from the application of the Memorandum of Understanding may be subject to consultation.
6. This Memorandum of Understanding expires on September 30th, 2011.

Signed at Ottawa, this 9th day of the month of July 2009.

---

Appendix "F"

Memorandum of Understanding
Red Circling

General

1. This Memorandum of Understanding sets out conditions of employment respecting pay upon reclassification for all employees whose bargaining agent is the Professional Institute of the Public Service of Canada.
2. This Memorandum of Understanding shall remain in effect until amended or cancelled by mutual consent of the parties.
3. This Memorandum of Understanding supersedes the Regulations respecting Pay on Reclassification or Conversion where the Regulations are inconsistent with the Memorandum of Understanding.
4. Where the provisions of any collective agreement differ from those set out in the Memorandum of Understanding, the conditions set out in the Memorandum of Understanding shall prevail.
5. This Memorandum of Understanding will form part of all collective agreements to which the Professional Institute of the Public Service of Canada and Treasury Board are parties, with effect from December 13, 1981.

Part I

Part I of this Memorandum of Understanding shall apply to the incumbents of positions which will be reclassified to a group and/or level having a lower attainable maximum rate of pay after the date this Memorandum of Understanding becomes effective.

Note: The term "attainable maximum rate of pay" means the rate attainable for fully satisfactory performance in the case of levels covered by a performance pay plan or the maximum salary rate in the case of all other groups and levels.

1. Prior to a position being reclassified to a group and/or level having a lower attainable maximum rate of pay, the incumbent shall be notified in writing.
2. Downward reclassification notwithstanding, an encumbered position shall be deemed to have retained for all purposes the former group and level. In respect to the pay of the incumbent, this may be cited as Salary Protection Status and subject to section 3(b) below shall apply until the position is vacated or the attainable maximum of the reclassified level, as revised from time to time, becomes greater than that applicable, as revised from time to time, to the former classification level. Determination of the attainable maxima rates of pay shall be in accordance with the Retroactive Remuneration Regulations.
3. 1. The Employer will make a reasonable effort to transfer the incumbent to a position having a level equivalent to that of the former group and/or level of the position.
   2. In the event that an incumbent declines an offer of transfer to a position as in (a) above in the same geographic area, without good and sufficient reason, that incumbent shall be immediately paid at the rate of pay for the reclassified position.
4. Employees subject to section 3, will be considered to have transferred (as defined in the Public Service Terms and Conditions of Employment Regulations) for the purpose of determining increment dates and rates of pay.

Part II

Part II of this Memorandum of Understanding shall apply to incumbents of positions who are in holding rates of pay on the date this Memorandum of Understanding becomes effective.

1. An employee whose position has been downgraded prior to the implementation of this memorandum and is being paid at a holding rate of pay on the effective date of an economic increase and continues to be paid at that rate on the date immediately prior to the effective date of a further economic increase, shall receive a lump sum payment equal to one hundred per cent (100%) of the economic increase for the employee's former group and level (or where a performance pay plan applied to the incumbent, the adjustment to the attainable maximum rate of pay) calculated on his annual rate of pay.
2. An employee who is paid at a holding rate on the effective date of an economic increase, but who is removed from that holding rate prior to the effective date of a further economic increase by an amount less than he would have received by the application of paragraph 1 of Part II, shall receive a lump sum payment equal to the difference between the amount equal to the difference between the amount calculated by the application of paragraph 1 of Part II and any increase in pay resulting from his removal from the holding rate.

Signed at Ottawa, this 21st day of the month of July 1982.

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