POLICY ON TERMS AND CONDITIONS OF EMPLOYMENT
Preamble
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
1.1 This policy takes effect on September 1, 2009.
2. Application
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
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
- Pay Administration for Certain Management Category (EX minus 1) senior management
positions.
4. Definitions
4.1 Definitions of terms used in this policy are included in the
Appendix.
5. Policy statement
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
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 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
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
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
Values and Ethics Code 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 Values
and Ethics Code.
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 Benefit 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 Public Safety Canada. 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:
- compensation administration;
- 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
9.1 Legislation, regulations and orders
9.2 Related policy instruments
10. Enquiries
Please direct enquiries about this policy to your Manager or
Director, Corporate Services and Planning
Telephone: 613-990-2692
Appendix-Definitions
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.