Public prosecutors approve deal, but warn work is needed to fix a criminal justice system in crisis

FREDERICTON, August 7, 2024 – The New Brunswick Crown Prosecutors Association (NBCPA) have voted to ratify a new collective agreement with the government. NBCPA President Shara Munn said that this deal makes welcome progress but warned it is just the first step towards fixing the recruitment and retention crisis eating away at New Brunswick’s criminal justice system.

“After lagging far behind other jurisdictions, this agreement will mean more competitive pay for New Brunswick’s prosecutors. It makes up for some lost ground,” explained Munn. “But our justice system is under tremendous pressure. To fix this crisis, the government must act urgently to stop the exodus of experienced prosecutors and bring in the new prosecutors we desperately need. This means giving Crown prosecutors and Family Crown Counsel the resources, support, and fair working conditions they need to do their jobs effectively.”  

The deal provides more competitive pay for both prosecutors and senior prosecutors and NBCPA members voted overwhelmingly in favour of ratifying their new tentative agreement, with 86% of ballots cast in favour of the new contract. 

“New Brunswick public prosecutors take immense pride in their work. They work under heavy workloads and challenging conditions to keep New Brunswick’s criminal justice system going,” said Eva Henshaw, Acting President of the Professional Institute of the Public Service of Canada. “This was a hard-won victory and shows the solidarity and commitment of New Brunswick’s Crown Prosecutors and Family Crown Counsel. We thank the government for this meaningful first step towards progress for crown prosecutors, while recognizing that we still have work to do.”

Munn added that while the deal gives the government a new tool for improving retention and recruitment, New Brunswickers should understand vacancy rates remain alarmingly high in prosecution offices across the province.

“Too few prosecutors cover too many cases, leaving them overburdened and looking for an exit. Vacancy rates have reached disaster levels in offices across the province. This could put public safety at risk,” cautioned Munn. “That’s why we have been raising the alarm with the government for years. This deal is a step forward, but we still have a long road ahead for the government to give New Brunswickers the criminal justice system they deserve.”

PIPSC represents over 75,000 public-sector professionals across the country, most of them employed by the federal government, and over 16,000 AFS members employed at the CRA. Follow us on Facebook, on X (formerly known as Twitter) and on Instagram.

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For more information or to arrange an interview with NBCPA President Shara Munn please contact:

Stéphanie Montreuil – smontreuil@pipsc.ca or (613) 804-7267.

Prepare for the New Dental Contract

Starting November 1, 2024, both the Public Service Dental Care Plan (PSDCP) and the Pensioners' Dental Plan will transition to a new contract - both with Canada Life.  These plans cover most eligible PIPSC members in the Core Public Administration and at Separate Agencies, as well as eligible retirees from these employers.  This is an administrative change that does not affect coverage. To ensure the plan administrator's records are up-to-date, all covered members must complete positive enrollment. This step is essential to ensure the plan administrator has accurate and current information on file.

How to Maintain Coverage (PSDCP)

Online Account Holders: If you already have an online account, visit Canada Life’s PSDCP Member Services website to update your contact information, including your mailing address.

No Online Account?: If you don’t have an online account, you can call Canada Life’s PSDCP Member Contact Centre at 1-855-415-4414 between 8 am and 5 pm in your local time zone to confirm your personal information.

Starting in the late Summer, Canada Life will reach out via email, phone, and/or mail to provide you with instructions on how to positively enrol.  You must complete this very simple housekeeping measure to maintain your dental benefits.  If you are not contacted by October, please reach out to Canada Life directly.  

More information can be found on the Treasury Board's web page  and the Canada Life web page about the contract change.

How to maintain Pensioners' Dental Plan Coverage

A similar process will occur concurrently for retirees covered by the Pensioners' Dental Plan, which is administered by Sun Life. Please note that Canada Life will become the administrator of this plan, taking over from Sun Life, on November 1st 2024.  Ensuring your Sun Life records are correct will mean Canada Life receives the correct information when they need to contact you to enrol.  Dental claims should be submitted to Sun Life until October 31st, after which, all claims should be sent to Canada Life.  The date of the expense does not matter - only the date on which you are submitted the claim.  Note that your policy number will change.

PIPSC Supports Proactive Measures

Positive Enrollment is an important tool to keep plan premiums affordable and records accurate. PIPSC is pleased with these proactive steps to ensure the transition to the new dental contract is smooth and avoids the issues experienced during the Public Service Health Care Plan’s switch to Canada Life.  The Treasury Board appears to have learned valuable lessons from that experience  and union officials are in close contact with employer officials to monitor progress.

Plan Changes

Significant improvements to the PSDCP were tentatively announced.  Additional information on plan changes will be published when finalised.  A review of the Pensioners' Dental Plan, which is led by the designated representative for retirees - the National Association of Federal Retirees, is also underway.  Updates on that plan review process will be made available by NAFR as they progress.

The ongoing review of the National Joint Council Public Service Dental Plan (NJC PSDP) has taken a significant step forward with the recent issuance of an Appeal Committee decision regarding its twinned plan.  This plan covers most PIPSC members working in the Core Public Administration and at separate agencies.  This decision proposes significant improvements aligning with proposals put forward by PIPSC and other bargaining agents, including:

• A gradual increase in the maximum annual benefit and the lifetime orthodontic benefit to $3,250 from $2,500;

• An increase in coinsurance for approved major restorations (crowns, bridges, etc.) to 65 percent from 50;

• Coverage for Temporomandibular joint disorders (TMJ), bruxism, and tomography when clinically appropriate;

• More flexible coverage when major restoration is required, particularly as a preventative measure or when an existing appliance is failing;

• Automatic coverage for members on leave without pay;

• Employer-paid coverage for members on extended parental leave;

• Sedation dentistry for plan members who require it for safety reasons, such as those with developmental disorders which make receiving dental care challenging;

• Various housekeeping and administrative changes to improve the plan member experience.

PIPSC is very proud to have worked closely with our counterparts from the PSAC to achieve this decision, which the Treasury Board intends to implement by January 2025. PIPSC and our NJC partners are continuing to work with the Treasury Board on minor plan changes to further ensure the plan is well-suited to members facing significant health challenges, such as by adding provisions for cancer dentistry to the plan. Ensuring that this plan prioritizes preventative care and coverage for members facing difficult dental health issues has been the top priority for our members.

Under the current model for plan governance, PSAC belongs to one plan and all other bargaining agents to another (the NJC plan). To benefit from economies of scale and ease of use, the Treasury Board has sought to keep both plans identical. Consequently, PIPSC and its partners from other bargaining agents work in tandem with PSAC to ensure the overall PSDP suits all of our members. PSAC, under their governance model, has access to an arbitration-like board that can make binding recommendations on plan changes. This has resulted in the proposed amendments discussed above.

Once the plan review process is complete, we will post additional information on our website and arrange webinars for plan members. We kindly ask that members wait patiently for further updates.  

Lastly, we note that the review of the independent Pensioners' Dental Plan, which covers eligible retirees, continues.  This plan and its review is managed by the National Association of Federal Retirees -  the representative of retired federal public service workers.

A recent report of the Standing (Parliamentary) Committee on Government Operations has produced nine recommendations that echo comments from union and retiree representatives on changes to the Public Service Health Care Plan and plan governance. 

The report aligns closely with PIPSC's feedback and highlights several critical issues, that we have broken down to seven themes:

1. Opaque Procurement and Contract Enforcement: The report criticizes the lack of union or member involvement in procurement and contract enforcement processes, reflecting widespread dissatisfaction with the transparency and accountability of these procedures, as well as the government's ability to fully enforce the spirit of the contract’s provisions.
2. Excessive Leeway to Plan Administrators: The committee flagged the excessive leeway given to plan administrators during the transition period, which permitted the plan administrator, Canada Life, to deliver poor service without consequences.
3. Inadequate Provisions for Members with Serious Health Conditions: The dramatic changes to physiotherapy coverage, which failed to consider members with chronic and severe health conditions, was flagged as an item that should be revisited so that public service workers have sufficient access to physiotherapy treatment.
4. Insufficient Preparation and Communication: The need for thorough preparation and a robust communications plan to educate plan members about changes was emphasized. The lack of clear information contributed to widespread confusion and frustration.

5. Compensation for Damages: The report calls for compensation for damages suffered by plan members during the botched handover, recognizing the financial and health-related hardships caused by the transition to Canada Life.

6. Service Standards: The report stresses the importance of establishing more comprehensive service standards for key aspects of the plan, such as prior authorization processes, to ensure timely and accurate claims processing as well as to hold Canada Life accountable for excessive delays in service delivery for these items.

6. Support for French-speaking Members: Ensuring that the plan administrator can provide services in French at standards comparable to those in English was identified as a critical need.

This damning report will be passed on to senior bureaucrats as a strong recommendation on how to best handle the current situation and for consideration in future plans. It is not binding, but rather, advisory. PIPSC believes this provides an opportunity for the Treasury Board to address the botched handover and our outstanding policy grievance for compensation due to the Canada Life handover fiasco.

The Public Service Health Care Plan is an employer-paid private health plan covering most PIPSC members and retirees working in the Core Public Administration and at most separate employers. 

A full copy of the report can be found online.

The Professional Institute of the Public Service of Canada (PIPSC) is proud to announce a sweeping victory in a precedent-setting policy grievance case against the Canadian Food Inspection Agency (CFIA). The Federal Public Sector Labour Relations and Employment Board has ruled in favour of PIPSC, affirming the rights of members to file classification grievances for their former positions.

The decision, issued on May 23, 2024, by Adjudicator Christopher Rootham, reinforces the rights of former incumbents to have meaningful access to the classification grievance process.  CFIA's current classification policy cancels classification grievances when the related job description is changed; however, unlike at the Treasury Board, the CFIA would not allow affected employees to regrieve if they had retired, quit, or changed jobs.  In a word, their policy granted them the power to wait out grievors in order to strip them of any recourse.  Adjudicator Rootham found this to be an unreasonable exercise of management rights and in violation of members' rights under the collective agreement and law.

While this decision does not automatically strike down CFIA's classification policy, we do expect that the Agency will adjust its policy to avoid future complaints in similar circumstances.  This decision also establishes compelling arguments against such practices elsewhere in the public service.

PIPSC has been the leader in advancing the rights of public service workers when it comes to classification.  While some public service employers have tried to exploit rules and procedures to pit former incumbents against current incumbents or one group of workers against others, PIPSC has stood up to defend equal classification and pay for everyone who did the job.

CFIA Group president Ayman Soryal applauded the decision: “I thank all of our PIPSC members for their patience as it took so long to reach the decision. At this point, the Agency needs to play by the rule  - the courts have agreed."

The Agency is required to contact affected grievors in certain VM (Veterinarian) job descriptions currently subject to a classification grievance.  PIPSC staff are in communication with agency staff to develop an implementation strategy.

The text of the decision will be published by the Board in the coming weeks.

Questions may be directed to compensation@pipsc.ca.