The Professional Institute of the Public Service of Canada
The Professional Institute of the Public Service of Canada
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SERVICE AGREEMENT

BETWEEN: PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA

      (the “Institute” or “PIPSC”)

AND:           NAME

                  (the “Full-Time Vice-President” or “FTVP”)

WHEREAS the relationship between the parties governed by this Agreement is contingent upon the Full-Time Vice-President having been validly elected by the membership of the Institute and holding the office of Full-Time Vice-President in accordance with the applicable Bylaws and Regulations as amended from time to time, the Parties agree as follows:

  1. Duties and Obligations
    1. The FTVP accepts the obligations, duties and authorities contained in By-Law 20 of the Institute’s Bylaws and Regulations, the Policy on President and Vice-Presidents and the Position Description as may be amended from time to time.
    2. The FTVP is required to assist the President and fulfill such other duties as set out in the By-Laws, including filling the position of Acting President should the President be either temporarily unable to fulfill the duties of office or is removed from office.
    3. The FTVP is obligated to perform the tasks assigned to him/her by the President in a competent fashion, to behave in a respectful manner towards all members and employees of the Institute, to be loyal to the Institute and to act always in the best interests of the Institute in all of his/her dealings. 
    4. Allegations against the FTVP of misconduct and breach of the obligations set out in this Agreement, the Policies and Bylaws and Regulations of the Institute shall be dealt with by the President. Any discipline imposed on the FTVP by the President may be appealed pursuant to Part G of the Dispute Resolution and Discipline Policy. 
  2. Terms and Conditions of Service
    1. The terms and conditions of the FTVP’s contract with the Institute are governed by the Policy on President and Vice-Presidents, the Bylaws and Regulations, the Dispute Resolution and Discipline Policy and any other relevant Institute policy, as amended from time to time.  Where there is a conflict between the Bylaws and Regulations or a relevant policy and this contract, the Bylaws and Regulations or the relevant policy shall prevail.
    2. The terms and conditions for the FTVP will be reviewed by the Executive Compensation Committee on a triennial basis (on the year of the Presidential election) and shall be approved by the Board of Directors, prior to the publication of the Notice of Election in the year of a Presidential election. 
    3. No changes in these terms and conditions, with the exception of economic adjustments and personal allowances shall take effect between triennial reviews. 
  3. Salary 
    1. The salary ranges for the FTVP will be reviewed by the Executive Compensation Committee (ECC) on a triennial basis (on the year of the Presidential election) and shall be determined by the Board in accordance with the Policy on President and Vice-Presidents (as amended from time to time) and shall be published in the Notice of Election/Call for Nominations. 
    2. An economic increase to the salary ranges for the FTVP will be reviewed by the ECC on a yearly basis and shall be determined by the Board in accordance with the Policy on President and Vice-Presidents.  
  4. Expenses
    1. Travel expenses for the FTVP will be provided as set out in the Policy on the Institute’s Board of Directors Article 10.
    2. Hospitality expenses for the FTVP are described in the Policy on the Institute’s Board of Directors Article 11.
    3. The FTVP will receive a Personal Allowance which covers travel, parking and taxis in the headquarters area (16 km radius).   The amount of the Personal Allowance will be reviewed by the ECC on a yearly basis and shall be determined by the Board. 
    4. Office related expenses that are not defined in the policies are limited to a maximum of $250. per claim and will require a completed expense claims submitted on a monthly basis to the Finance Section. 
    5. No direct payment of credit cards will be made.
    6. Expense accounts are subject to the review of the Finance Committee, under the authority of the Board.
  5. Hours of Work
    1. The FTVP’s hours of work will vary from day to day and week to week, depending upon the FTVP’s commitments, as approved by the President. 
    2. The FTVP is not entitled to overtime payment or other special compensation for hours worked.
  6. Telework
    1. The FTVP may be required to perform work remotely from time to time, as reasonable, based on operational requirements.
  7. Annual Leave (Vacation)
    1. The FTVP is entitled to six (6) weeks annual leave.  This leave will include time off for vacation, marriage leave, moving, medical appointments and family responsibilities. 
    2. Carryover is limited to two weeks, unless otherwise limited by law.
    3. Bereavement leave (as defined by the Institute’s policy for staff) will be provided, as approved by the President.
    4. All annual vacation requests must be signed off by the President.  Requests of 5 days or more must be approved in advance by the President.
  8. Sick Leave
    1. The FTVP will be provided with a Sick Leave bank of thirteen (13) weeks per term of office.  Sick days will be deducted from this bank as they are used.  Medical certificates may be requested, as necessary.  
    2. If the FTVP is unable to fulfill his/her elected responsibilities for a period exceeding the 13 weeks he/she will be provided with the option to return to his/her substantive position and apply for the employer’s existing income protection program or remain on leave without pay.  
    3. Access to the Institute’s Long Term Disability Benefits will not be provided.  However, the Institute will pay the Employer’s share of the Long Term Disability Insurance premium on behalf of the FTVP who is on leave of absence from their substantive employer.
    4. Unused Sick Leave Banks will be forfeited at the end of each term.  There will be no carryover of any unused Sick Leave bank from one elected term of office to another.
  9. Absence from Work
    1. The FTVP shall give notice to the President for any planned or scheduled absence from work of 5 days or greater at least 2 weeks prior to the leave commencing. For unplanned or unscheduled leaves or absences from work, the FTVP shall provide notice to the President as soon as reasonably practicable.
  10. Statutory Holidays
    1. The Institute shall provide to the FTVP all statutory holidays normally observed by the Institute.
    2. The following days shall be designated paid holidays: 
      1. New Year's Day 
      2. Good Friday (d) Easter Monday 
      3. the day fixed by proclamation of the Governor-in-council as the Sovereign's Birthday 
      4. Canada Day 
      5. first Monday in August 
      6. Labour Day 
      7. the day fixed by proclamation of the Governor-in-Council as Thanksgiving 
      8. Remembrance Day 
      9. Christmas Day 
      10. Boxing Day  
      11. all regularly scheduled working days between Boxing Day and New Year’s Day 
  11. Benefits
    1. In accordance with the Policy on President and Vice-President, the Institute will maintain the insured benefits for Health Care, Dental, Life Insurance and Long Term Disability Insurance from the FTVP’s substantive employer for his/her term in office.  The employer’s contributions to these plans will be paid by the Institute for the FTVP on an approved leave of absence.
    2. An annual wellness gift of up to $500 will be provided directly to the supplier of the service or item.  The wellness gift provisions are described in the Institute’s policy for staff.
  12. Pension Plan
    1. The Full Time Vice Presidents will continue to be offered inclusion in the PIPSC pension plan which will provide a pension based on the difference between the Public Service Plan for their substantive position and their salary as a Full Time Vice President for the years as a Full time Vice President.
  13. Superannuation
    1. The Institute shall pay the employer’s portion of contributions to the superannuation account if the FTVP is on leave without pay from the public service. This payment is determined by the rate of pay the FTVP would have received had he/she maintained his/her service with the public service.
  14. Language Training
    1. Subject to Board approval, intensive language training will be provided to the FTVP as needed.
  15. Professional Dues
    1. Professional dues for one relevant designation or association shall be paid for the FTVP on an annual basis.
  16. Duration and Termination
    1. This Agreement shall remain in place for the duration of the FTVP’s term, which is three years, or a shorter term if he/she is removed by the membership prior to the expiry of that three year term, or if this Agreement is terminated in accordance with its provisions prior to the expiry of that three year term.
    2. This Agreement may be terminated in accordance with the applicable Bylaws and Regulations and policies of the Institute and in accordance with the applicable termination and benefits continuation requirements for employees under the Ontario Employment Standards Act, 2000 (“the ESA”) as amended, notwithstanding s. 3(5)(9) of the ESA. Where termination is for just cause no notice or pay in lieu thereof shall be required. In all other cases, this Agreement may be terminated upon the provision of the minimum statutory requirements for notice, pay in lieu thereof and benefits continuation, as applicable under the Ontario Employment Standards Act, 2000 as amended. This shall constitute the President’s entire entitlement on termination or severance of the contract and it is the parties’ intent that the FTVP, in such a case, shall have no entitlement to notice or pay in lieu of notice at common law.
    3. For clarity, the expiry of the FTVP’s three year term in office (assuming no re-election) does not constitute “termination” for the purposes of the previous clause and does not give rise to notice or pay in lieu of notice or continuation of benefits.
    4. For further clarity, the FTVP shall be entitled to the severance payments set out in the President and Vice-Presidents Policy, but not the severance provided for under the Ontario Employment Standards Act, 2000.
  17. Loyalty and Conflict of Interest
    1. The FTVP must not, during his/her tenure as FTVP of the Institute, for himself/herself or for another person, directly or indirectly, in any capacity whatsoever, including, with limitation, as an employer, employee, principal, agent, representative, partner, independent contractor, franchiser, franchisee, distributor or consultant, carry on or be engaged in or have any financial or other interest in or have any other business involvement in any venture, activity or affair that conflicts with the interests of the Institute.
    2. The FTVP must not, during his/her tenure as FTVP of the Institute, for himself or for a family member (which includes but is not limited to spouse, partner, parent and child) have financial interest in or be a participant in any business that has or is attempting to have a contractual relationship with the Institute. Should the FTVP become aware of any potential conflict interest between his/her personal interests or those of his/her family and the interests of the Institute, the FTVP shall immediately disclose same to the Board of Directors and shall follow its direction with respect to the matters in issue.
    3. The FTVP agrees to act in a manner consistent with the Institute's interests at all times. The FTVP shall disclose to the Board when he or she is in a family, marital or close personal relationship with another Institute employee or officer that might interfere with the FTVP's objectivity and/or ability to act in the best interests of the Institute.
  18. Confidentiality
    1. The FTVP acknowledges that as a result of his/her contract with the Institute, he/she has had and will continue to have access to information relating to the business of the Institute which is confidential and proprietary to the Institute. The FTVP therefore agrees that, during the term of his/her under the Agreement and continuing thereafter, the FTVP shall not, without prior written consent of the Institute, intentionally disclose to any third party, any material or confidential information of the Institute, except information which through no fault of the FTVP has become publicly available.
    2. The FTVP shall not be obligated to keep confidential any otherwise confidential information where the disclosure of such information is required by law, provided, however, that in the event disclosure is required by law, the FTVP shall provide the Institute with prompt notice of such requirement in order to enable the Institute to seek an appropriate protective order.
  19. Ownership of Files and Other Property
    1. Any file, sketch, drawing, letter, report, memo or other document, any equipment, machinery, tool, instrument or other device, device including computer, laptop computer and cell phone, any recording medium, or other property which comes into the FTVP’s possession during the FTVP’s tenure with the Institute, in the performance or in the course of the FTVP’s work, regardless of whether the FTVP has participated in its preparation or design, how it may have come into the FTVP’s possession and whether or not it is an original or a copy, shall at all times remain the property of the Institute and, upon the termination of the FTVP’s tenure, shall not be deleted, destroyed, removed from the Institute’s premises but shall be returned to the Institute or its designated representative.
  20. Modification of Agreement
    1. The written provisions of this Agreement and the Institute’s Policy on President and Vice-Presidents shall constitute the full extent of the remuneration and other entitlements of the FTVP, regardless of any oral agreements or understandings which may presently or hereafter exist between the Institute and the FTVP.
    2. Any amendment to the remuneration of the FTVP made pursuant to Regulation 19.3.1 of the Bylaws and Regulations shall automatically be accepted and form part of this Agreement, effective for the term of office immediately following the amendment as prescribed in the Bylaws and Regulations.
  21. Disputes
    1. The parties hereto agree to settle and resolve any dispute, controversy, question or claim arising out of or in relation to the Agreement or the relationship of the parties mediation and/or arbitration.  The Institute’s General Counsel shall designate the arbitrator who will first conduct a mediation with the parties in a good faith effort to resolve the matter before resorting to arbitration.
  22. Choice of Law
    1. This Agreement and the performance hereunder shall be governed by and interpreted in accordance with the laws of the Province of Ontario, except as otherwise required by law.
  23. Severability
    1. If any provision of this Agreement is held illegal, invalid or unenforceable by any competent authority, such illegality, invalidity or unenforceability shall not in any manner effect or render illegal, invalid or unenforceable any other provision of this Agreement.
  24. Successors
    1. This Agreement shall be binding on the successors, heirs, assigns and legal representatives of the parties.
  25. Entire Agreement
    1. This Agreement together with any documents, policies, Bylaws and Regulations referred to in this Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, understandings or arrangements (whether oral or written) in respect of the services provided by the FTVP by the Institute.
  26. Legal Advice
    1. The FTVP acknowledges having had the opportunity to obtain independent legal advice before executing this Agreement and acknowledges that they fully understand the nature of the agreement into which they voluntarily enter.
  27. Counterparts and Consideration
    1. The Agreement may be executive in any number of counterparts, whether electronically, by facsimile or otherwise, each which shall be deemed original, and all such counterparts shall for all purposes constitute one agreement binding on the parties hereto.
    2. If this Agreement is signed by the parties following the FTVP’s having commenced working for the Institute, the FTVP acknowledges having received $1 (one dollar) as fresh and adequate consideration for entering into this Agreement and that the parties mutual intent is that this Agreement shall be binding on both of them.

IN WITNESS WHEREOF the parties hereto have duly signed this Agreement on the dates and at the places hereinafter set forth.

 

     

Name of Full-Time Vice President

Date

  

President, 

The Professional Institute of the Public Service of Canada
   

Date



 

Name of Witness 

Date

  

Name of Witness 

Date

 

Published on 20 June 2018