NJC Integrated Relocation Directive

Principles

The following principles were developed jointly by the Bargaining Agents' representatives and the Employer side representatives to the National Joint Council (NJC). These principles are the cornerstone of managing government relocations and shall guide all employees and managers in achieving fair, reasonable and modern relocation practices across the public service.

General

Collective agreement

This directive is deemed to be part of collective agreements between the parties to the National Joint Council, and employees are to be afforded ready access to this directive.

Grievance procedure

In cases of alleged misinterpretation or misapplication arising out of this directive, the grievance procedure, for all represented employees within the meaning of the Public Service Labour Relations Act, will be in accordance with Section 14.0 of the National Joint Council By-Laws. For un-represented employees the departmental grievance procedure applies.

Definitions

Actual and reasonable expenses (Frais réels et raisonnables) -

1. the actual expenses incurred, supported by proof of payment, e.g. receipts and vouchers;
2. and the reasonable amount that the employer judges to be both appropriate and justifiable based on experience of what such costs should be in the circumstances, and within the limits of this Directive.

Appointee (personne nommée) - a person recruited from outside the Public Service and appointed or on assignment to a department or agency listed in Schedules I and IV of the Financial Administration Act. On relocation to the first place of employment, a person is deemed not to be an employee for the purposes of this directive. Members of the Canadian Forces on initial appointment to the Public Service are considered to have the status of appointees. (revised April 1, 2005)

Arm's length transaction (opération sans lien de dépendance) - An arm's length transaction is one that is consummated between two or more non-related parties. Conversely, a non-arm's length transaction is any transaction consummated between two or more related parties.

• Related individuals include direct-line descendants (grandparents, parents, children, and so on), as well as spouse or common law partners, brothers, sisters, and in-laws.
• Related individuals include non-immediate family members such as cousins, aunts, uncles, nephews and nieces.

In transactions considered to be non-arm's length, participants have the potential to manipulate a transaction for their benefit.

ATM Charges (Frais d'utilisation des GAB) - charges by financial institutions for transactions conducted via automatic teller machines.

CRA Non-Accountable Incidental Expense Allowance (Indemnité de faux frais non à justifier de l'ARC) - an allowance that employees do not have to account for upon relocation i.e. receipts are not required but should be retained.

Commercial Accommodation (logement commercial) - lodging facilities such as hotels, motels, corporate residences or apartments.

Crown-owned living accommodation (logements de l'État) - living accommodation owned, leased, rented or whose occupancy is otherwise controlled by the Government of Canada.

Dependant (personne à charge) - a person who resides full-time with the employee at the employee's residence and is

1. the spouse of that employee, or
2. the biological child, stepchild, adopted child including a child adopted by aboriginal people under the Custom Adoption Practice, or legal ward of that employee or of the employee's spouse who is both dependent on the employee for support and
   1. under 18 years of age, or
   2. dependent on the employee by reason of mental or physical disability, or
   3. in full-time attendance at a school or other education institution that provides training or instruction of an educational, professional, vocational or technical nature; or
3. the parent, grandparent, brother, sister, uncle, aunt, niece, nephew or grandchild of that employee or of the employee's spouse who is both dependent on the employee for support and
   1. under 18 years of age, or
   2. dependent on the employee by reason of mental or physical disability, or
   3. is in full-time attendance at a school or other education institution that provides training or instruction of an educational, professional, vocational or technical nature.

Deputy head (administrateur général) - in relation to a department, the deputy minister; and in relation to any other part of the Public Service, the chief executive officer, or, if there is no chief executive officer, the person designated by the Governor in Council as the deputy head for the purposes of the Public Service Employment Act.

Employee (fonctionnaire) - a person employed in the Federal Public Service who is performing continuing full-time duties of a position and whose salary is paid out of the Consolidated Revenue Fund. (Employees performing continuing full-time duties on a seasonal basis are also included). The term also means a deputy minister, or any other person appointed by the Governor in Council to a position classified within the occupational groups comprising the Senior Management, Administrative and Foreign Service, Scientific and Professional, and Technical categories.

Employee-requested relocation (réinstallation à la demande de l'employé) - a relocation resulting from a formal request made by an employee for compassionate or other personal reasons and for which the costs involved are to be negotiated as for an appointee.

Employer (employeur) - Her Majesty in right of Canada as represented by the Treasury Board, and includes persons authorized to exercise the authority of the Treasury Board.

Family car (voiture de promenade) - for purposes of shipment, means a sedan, sports car, station wagon, mini van, pick-up, or 4-wheel drive vehicle of three-quarter ton rating or less, registered in the employee's name or in the name of the spouse or common law partner, or a dependant, the primary purpose of which is for family conveyance. This definition excludes racing cars, campers, and any other vehicle which does not meet the above criteria.

Household effects (effets mobiliers) - the furniture, household equipment and personal effects of an employee or appointee and dependants, but does not include automobiles, livestock and pets.

Interim accommodation (logement provisoire) - refers to days for which living expenses are paid at the new place of duty when an employee is unable to move into the new residence.

Isolated post (poste isolé) - a place named in Appendix A of the Isolated Posts and Government Housing Directive.

Living expenses (frais de subsistance) - the expenses incurred for food and overnight accommodation. It may also include incidental expenses such as laundry, valet service, gratuities, local telephone calls and local transportation, as specified in this directive.

Mobile home and double-wide removable home (maison mobile et maison mobile double) - are considered to be synonymous terms for purposes of this Directive and mean a transportable, detached, single-family dwelling which is an employee's principal residence and which contains by design the normal amenities for continuous year-round occupancy. The unit is connected to utilities and is designed to stand on a specially prepared site, although these preparations do not include a permanent foundation. The unit is designed and built to be towed or moved by road. This definition does not include: a lean-to or other attached living space, fencing or similar items, travel trailers, camping trailers and the like, or any type of self-propelled vehicle such as a motor home or pick-up coach.

New principal residence (nouvelle résidence principale) - a single-family dwelling purchased or rented at the new place of duty which will become the employee's principal residence following the relocation.

Non-Accountable Incidental Expenses Allowance (Indemnité pour frais accessoires non soumis à une justification) - an allowance that employees do not have to account for upon relocation i.e. receipts are not required but should be retained.

Part-time employee (employé à temps partiel) - is an employee whose hours of work total a minimum of 12.50 hours weekly.

Pet (animal de compagnie) - any pet that normally resides in the family home. (If the pet is allowed in the living room, it can be moved). Horses or large number of animals, such as cattery, a kennel of dogs or a herd of sheep are not kept for companionship and as such are not considered domestic pets.

Permanent/Regular Workplace (lieu de travail permanent/régulier) - the single permanent location determined by the employer at or from which an employee ordinarily performs the work of his or her position or reports to.

Place of duty (lieu de travail) - the single permanent location determined by the Employer at or from which an employee ordinarily performs the work of his or her position or reports to. The place of duty of employees who are employed as Ships' Officers or Ships' Crews shall be deemed to be a suitable structure, as determined by the employer:

1. at the location of the home port of their vessels, for employees whose normal duties are performed aboard a vessel; or
2. at the location where employees normally perform their duties when they are not employed on a vessel.

Principal residence (résidence principale) - a single-family dwelling owned or rented and occupied by the employee or dependant residing with the employee, which was occupied continuously at the time the relocation at public expense was authorized and which is recorded as the employee's permanent address on the departmental or agency personnel file. Temporary or seasonal accommodation is excluded by this definition.

Receipt (reçu) - an original document or carbon copy showing the date and amount of expenditure paid by the employee.

Relocation (reinstallation) - the authorized move of an employee from one place of duty to another or the authorized move of an employee from the employee's place of residence to the employee's first place of duty upon appointment to a position in the Public Service.

Self-contained accommodation (logement autonome) - Commercial accommodation that is equipped so that employees may prepare and consume meals. This accommodation may also have laundry facilities.

Single-family dwelling (habitation unifamiliale) - living quarters containing the normal amenities necessary for continuous year-round occupancy. The dwelling must be structurally separated and have an entrance or entrances from outside the building or from a common hall, lobby, vestibule, or stairway inside the building.

Spouse or common law partner (conjoint ou conjoint de fait) - in accordance with the Modernization of Benefits and Obligations Act, the parties hereunder agree that:

1. in the collective agreements reached between the parties, current references to the term "spouse or common law partner" are replaced by the expression "spouse or common law partner or common-law partner". The term "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one year. The term "spouse or common law partner" refers to the person married to the employee.
2. for the purposes Non-accountable incidental allowance (EX/GIC not entitled - see 14.5.2) of the Foreign Service Directives, current references to the term "spouse or common law partner" are replaced by the expression "spouse or common law partner or common-law partner". The term "common-law partner" refers to a person living in a conjugal relationship with an employee for a continuous period of at least one year. This "spouse or common law partner or common-law partner" must qualify as a dependent under the Foreign Service Directives. The term "spouse or common law partner" refers to the person married to the employee.

Temporary accommodation (logement temporaire) - accommodation for which living expenses are paid at the start and/or the end of the relocation to the new place of duty or both.

Transfer (mutation) - the movement of a person from one position to another within the Public Service.

Transferee (personne transférée) - the employee being relocated from one place of residence to a new destination to perform duties of a position within the Public Service.

Travelling expenses (frais de voyage) - the transportation and living expenses incurred en route to the new place of duty.