POLICY ON TERMS AND CONDITIONS OF EMPLOYMENT

Table of Contents

 

Preamble

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The Correctional Investigator is mandated by an Act of Parliament as ombudsman for federal offenders. The primary role of the Office is to investigate and bring resolution to offender complaints, either individually or as a group, concerning recommendations, decisions, acts or omissions by the Correctional Service of Canada. As an Ombudsman organization, we are independent and approach our work with integrity, honesty, impartiality and respect. We are guided by the belief that fair, dignified and humane treatment of all citizens, including those deprived of liberty, is necessary and important in a free and democratic society. In all its actions, the Office of the Correctional Investigator is committed to the promotion and protection of human rights. The Office of the Correctional Investigator's senior management is committed to making the organization an employer of choice. All those who contribute towards the mandate of the organization, do so with pride, a sense of privilege and the knowledge that their efforts contribute to the greater good.

1. Effective date

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1.1 This policy takes effect on September 1, 2009.

1.2 Amended January 2014.

2. Application

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2.1 This policy applies to the Office of the Correctional Investigator (OCI) as defined in Schedule V of the Financial Administration Act. The Privy Council, by Order in Council dated February 15, 1993, authorized the OCI “to exercise and perform all of the powers and functions of the Treasury Board in relation to personnel management in the Office of the Correctional Investigator on the condition that the OCI exercises such powers and performs such functions in accordance with Treasury Board practices”.

2.2 In its guiding principles, objectives, and requirements, this OCI Terms and Conditions of Employment Policy reflect, but is not identical to, the Treasury Board’s Terms and Conditions of Employment Policy.

3. Context

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3.1 The OCI is identified in two schedules in the Financial Administration Act (FAA). For financial administration purposes, the organization adheres to financial practices and policies like all other government entities defined in Schedule 1.I of the FAA. In the human resources realm, the organization is identified in Schedule V. As a separate employer, the Correctional Investigator has the control and management of all matters connected with the Office of the Correctional Investigator. This includes the establishment of human resources policies and programs that meet its specific needs.

3.2 The OCI adheres to the principles and values outlined in the Public Service Employment Act.

3.3 Consistent and accurate application of terms and conditions of employment is an essential component of effective human resources management because it serves to attract, retain, motivate and renew the workforce of the organization. The Correctional Investigator is accountable for effective human resources management with respect to the administration of terms and conditions of employment within the organization.

3.4 Terms and conditions of employment for persons appointed to the Office of the Correctional Investigator are set out in the relevant legislation and as supplemented by other related policy instruments.

3.5 This policy is issued pursuant to sections 7 and 11.1 of the Financial Administration Act.

3.6 This policy is to be read in conjunction with the following OCI policies:

  • Learning, Training and Development;
  • Overtime;
  • Leave; and
  • Directive on the Terms and Conditions of Employment. 

4. Definitions

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4.1 Definitions of terms used in this policy are included in the Appendix.

5. Policy statement

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5.1 Objective

The objective of this policy is to ensure the sound, consistent and effective administration of the terms and conditions of employment for the Office of the Correctional Investigator.

5.2 Expected results

The expected results of this policy are as follows:

  • terms and conditions of employment are administered in an equitable, accurate, consistent, transparent and timely manner; and
  • persons receive monetary and non-monetary benefits consistent with their relevant terms and conditions of employment.

6. Policy requirements

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6.1 Conditions of Employment

  • Extensive travel (as much as 60 working days per fiscal year) for persons involved in the investigative process;
  • Requirement to secure confidential data in the workplace and while on travel status as per RCMP standards;
  • Requirement to work in a correctional environment for persons involved in the investigative process; and
  • A valid driver’s license for persons involved in the investigative process.      

6.2 The Correctional Investigator is responsible for the application and administration of the terms and conditions of employment by:

  • establishing organizational structures and allocating the necessary resources to ensure efficient and timely delivery of the services associated with the administration and application of the terms and conditions of employment, including the OCI’s delegation of authorities instrument, as required;
  • ensuring that human resources systems are compatible and integrated with Public Works and Government Services systems and with other core public administration systems.

6.3 Monitoring and reporting requirements

6.3.1 The Correctional Investigator is responsible for monitoring the performance of the organization with respect to the application and administration of terms and conditions of employment as follows:

  • assessing the service delivery structure, resource allocation, human resources competencies, performance indicators, as well as the human resources systems, processes and procedures to respond effectively to actual and potential deficiencies;

6.3.2 At the five-year mark of implementation, the OCI will review this policy to determine its effectiveness.

6.3.3 On an annual basis, the Terms and Conditions of Employment Policy will be reviewed by the senior management team.

7. Consequences

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7.1 The OCI is required to pay any costs associated with audits, evaluations, or risks associated with inappropriate application of the terms and conditions of employment from the existing budget.

8. Roles and responsibilities

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8.1 Office of the Correctional Investigator

8.1.1 The OCI in its role as the employer is responsible for the following:

  • determining and regulating pay, hours of work, leave provisions and other terms and conditions of employment; 
  • choosing to adhere to pay provisions negotiated with the Treasury Board for those employees occupying WP, AS, IS or EC groups or other groups employed by the OCI; and  
  • ensuring a healthy and safe work environment.

8.1.2 The OCI will rely on the Treasury Board Secretariat for support as it relates to the administration of the terms and conditions of employment as follows:

  • advice as it relates to this policy and its related policy instruments; and
  • the sharing of information and the fostering of best practices.

8.2 Persons employed by the OCI

8.2.1 Support to OCI

All persons employed by the OCI are responsible for fulfilling their job responsibilities in a manner that supports the organization in realizing its mandate and achieving its strategic goals and objectives. Persons employed by the OCI are further responsible for applying and complying with the Corrections and Conditional Release Act, the Financial Administration Act, Public Service Employment Act and all other relevant laws and regulations. In addition, employees are subject to the OCI’s Code of Conduct and are expected to abide by the spirit and letter of the code at all times.

8.2.2 Competencies

Persons employed by the OCI are expected to demonstrate the following core competencies: good communication, building partnerships, demonstrating flexibility, being proactive, being a team player, and committing to excellence; those with staff management responsibilities are expected to demonstrate the additional competencies of organizing resources and developing others. Executives are furthermore expected to demonstrate the competencies of leading change and developing and promoting a vision.

8.2.3 Restriction on Outside Employment

Persons employed by the OCI, other than the Correctional Investigator, may engage in other employment outside the hours they are required to work for OCI, provided such employment does not interfere with the employee’s duties at the OCI and does not constitute a conflict of interest as defined in the OCI’s Code of Conduct.

8.2.4 Publications & Authorship

Original articles, professional and technical papers prepared by a person employed by the OCI, within the scope of his or her employment, shall be retained on appropriate OCI files for the normal life of such files.

In cases where an employee wishes to publish an original article or a professional or technical paper written within the scope of his or her employment:

  • the employee must first obtain the approval of the Correctional Investigator;
  • the OCI may suggest revisions to material and may withhold approval to publish.

The OCI shall not unreasonably withhold permission for the publication of such articles or papers. At the delegated manager’s discretion, and where practicable, recognition of authorship shall be given in OCI publications. When a person employed by the OCI acts as a sole or joint author or editor of an original publication, his or her authorship or editorship shall normally be shown on the title page of such publication.

8.2.5 Entitlements of persons employed by the OCI

Persons employed by the OCI receive fair and equitable compensation, and are provided with a work environment that is professional, flexible, safe, healthy, and free from discrimination or harassment.

The OCI participates in Federal Public Service Benefits Plans.

8.2.6 Entitlements under this Terms and Conditions of Employment policy are based on normal full-time hours of 37.5 hours per week. Where a person employed by the OCI works less than normal full-time hours, entitlements shall be pro-rated accordingly, unless otherwise specified.

8.3 Public Works and Government Services

8.3.1 Under section 12 of the Department of Public Works and Government Services Act, Public Works and Government Services provides administrative and other services needed for the disbursement of pay through the Public Service Pay Centre (Miramichi). These services include but are not limited to the following:

  • the issuance and reconciliation of Receiver General for Canada cheques and direct deposit payments;
  • the development, operations, and maintenance of a pay system as detailed in the Pay Disbursement Administrative Services Order;
  • the development and delivery of training on the application of the technical functions of compensation; and
  • the production of official employee compensation data.

8.4 Public Service Commission (or other service provider)

8.4.1 Work under the provisions of the Memorandum of Understanding with the Public Service Commission to provide staffing services. These services include but are not limited to the following:

  • staffing advice;
  • participation on selection boards; and
  • development of assessment tools.

8.5 Public Safety Canada (or other service provider)

8.5.1 Work under the provisions of the Memorandum of Understanding with Public Safety Canada to provide corporate administrative services. These services include but are not limited to the following:

  • security services;
  • contract administration;
  • IT infrastructure and application support;
  • development of yearly financial statements; and
  • accounts payable.

8.6 Correctional Service of Canada

8.6.1 Work under the provisions of the Agreement with the Correctional Service of Canada to provide the following services:

  • IT infrastructure and application support; and
  • Desktop applications, including electronic mail and internet.

9. References

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9.1 Legislation, regulations and orders

9.2 Related policy instruments

10. Enquiries

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Please direct enquiries about this policy to your Manager or

Director, Corporate Services and Planning/Chief Financial Officer
Telephone: 613-991-9002

 

Appendix-Definitions

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As and when required (selon les besoins) - Is the situation whereby a person with no assigned hours of work reports when needed and usually in response to an emergency.

Casual worker (personne nommée à titre d'employé occasionnel) - Is a person employed on a casual basis pursuant to the Public Service Employment Act.

Indeterminate (indéterminée) - Is the indefinite period for which a person is appointed pursuant to the Public Service Employment Act.

Part-time (temps partiel) - Is the situation whereby a person is ordinarily required to work more than one third of but less than the normal scheduled daily or weekly hours of work established for persons doing similar work.

Part-time worker (travailleur à temps partiel) - Is a person who is not ordinarily required to work more than one third of the normal scheduled daily or weekly hours of work established for persons doing similar work.

Persons appointed to the Office of the Correctional Investigator (personnes nommées à l'administration publique centrale) - Are persons occupying one of the following types of positions: indeterminate, term of three months or more, term of less than three months, casual worker, as and when required, and part-time worker.

Term less than three months (période déterminée de moins de trois mois) - Is a specified period of less than three months for which a person is appointed pursuant to the Public Service Employment Act.

Term three months or more (période déterminée de trois mois ou plus) - Is a specified period of three months or more for which a person is appointed pursuant to the Public Service Employment Act.