Policy on the Terms and Conditions of Employment for Students
Table of Contents
- 1. General
- 2. Non-paid assignments
- 3. Assignments under a student employment program
- Appendix A - Student Rates of Pay - Effective May 1, 2017
1.1 Effective date
These terms and conditions take effect on September 1, 2009
Amended January 2010, 2012, 2014 and 2017.
Unless provided herein, the definitions shall be those used in the Office of the Correctional Investigator's Directive on Terms and Conditions of Employment and supporting directives and policies.
The Correctional Investigator may authorize any person employed in the Office of the Correctional Investigator ( OCI ) to exercise any of the powers, functions or duties of the deputy head under these terms and conditions.
1.4 Legal status
Students are defined as employees under the Financial Administration Act and the Government Employees Compensation Act . However, they are not subject to the Public Service Staff Relations Act , and an exclusion order under the Public Service Employment Act precludes their eligibility for internal advertised appointment processes within the Office of the Correctional Investigator or core public administration unless the selection process specifies being open to students.
2. Non-paid assignments
This section applies to all students participating in a non-paid assignment program, such as the Secondary School Co-op Education Program.
2.2 Hours of work
Non-paid assignments are usually arranged on a half-day basis. This does not preclude other scheduling arrangements that the student, school and OCI manager might negotiate. Assignments with working days longer than the standard 7.5-hour working day are not appropriate.
2.3 Travel allowance
The delegated OCI manager may pay the student a travel allowance of up to the value of a "round-trip" daily or monthly public transit fare, whichever is less, between the student's school, work site and home, or the reverse.
2.4 Workers' compensation
OCI delegated managers must ensure that an authorized work-education agreement precedes any student assignment. Under this agreement, the relevant school administration must provide workers' compensation for the student, in case the student is disabled by a workplace injury.
3. Assignments under a student employment program
This section applies to all persons hired under one of the employment programs described in Student Employment Programs in the Federal Government .
3.2 Hours of work
The delegated OCI manager shall set the student's hours of work consistent with the OCI’s Terms and Conditions of Employment.
- Subject to the Terms and Conditions of Employment of the OCI , a student assigned under one of the student employment programs is entitled to be paid a biweekly salary for the services rendered, at the appropriate pay rate (see Appendix A - Student Rates of Pay ).
- All rates also apply to formal apprenticeship programs.
- A student shall be compensated for overtime according to the OCI ’s Terms and Conditions of Employment, provided
- the delegated OCI manager identifies a need and requests the student to work overtime;
- a tangible and verifiable work product is the result of the overtime worked; and
- student is available and accepts to work overtime.
- Notwithstanding the payment options under the OCI Terms and Conditions of Employment, a student may not be compensated for overtime in the form of compensatory leave.
3.5 Acting pay
Students are not entitled to acting pay.
3.6 Other benefits
Students are entitled to the following benefits, to be administered in accordance with the provisions of the OCI 's Terms and Conditions of Employment:
- call-back pay;
- standby pay;
- reporting pay;
- pennological factor allowance;
- travelling time; and
- overtime meal allowance.
3.7 Bilingualism bonus
Students are not entitled to the bilingualism bonus.
3.8 Leave with pay
With the exception of bereavement leave, a student is not entitled to leave with pay.
3.9 Vacation pay
In lieu of vacation, students are entitled to vacation pay, equal to four per cent of their total regular and overtime earnings.
3.10 Designated holidays
- A student on full-time assignment is entitled to pay for a designated holiday, provided he or she is not on leave without pay on the working day preceding and the working day following that holiday.
- A student on part-time assignment shall not be paid for the designated holidays b. A student on part-time assignment shall not be paid for the designated holidays but shall, instead be paid based on the principles found in the OCI Terms and Conditions of Employment.
3.11 Bereavement leave
- Every student shall be granted bereavement leave for a period of up to three consecutive calendar days, to include the day of the funeral, when a member of the immediate family dies. Such leave is to be without pay for the first three months of continuous employment, and with pay thereafter.
- Immediate family is defined as father, mother (or alternatively stepparents, foster parents), brother, sister, spouse (or common-law spouse residing with the student), dependent child, stepchild, ward, father-in-law, mother-in-law and relative permanently residing in the student's household or with whom the student permanently resides.
3.12 Sick leave
Students are not entitled to paid sick leave and do not accrue sick leave credits.
3.13 Other leave
The delegated OCI manager may grant leave without pay for any purpose, but not beyond the specified period of the student's assignment.
- A student with at least three months of continuous employment who is laid off before the end of his or her assignment without being given two weeks' notice shall receive compensation in lieu of notice. In cases of termination of employment for disciplinary reasons, refer to section 3.17 Discipline.
- The compensation will equal two weeks' pay or pay to the end of the specified period of the assignment, whichever is less.
- If the student is re-assigned to another area of the OCI or public service before the end of the period for which compensation had been paid, he or she shall repay that part of the compensation representing the time from the date of re-assignment to the end of the original compensable period.
3.15 Security clearances
Where required, students must have appropriate security clearances.
3.16 Travel allowance
- The following provisions apply to all Canadian students engaged under one of the student employment programs.
- Students must not be paid a salary while travelling, except when in travel status once engaged.
- The delegated OCI manager may decide the mode of transportation to be used by students travelling to and from their educational centres. Travel must be arranged by the most economical and practical means. The Government Travel Service ( GTS ) shall be used, where practical, to make travel reservations immediately, once the student accepts employment, in order to obtain the lowest fare, with open return tickets when economical and practical. The OCI shall maintain a separate Departmental Travel Account and Travel Authority Number ( TAN ) Register for student travel of this nature.
- Travel by private motor vehicle may be authorized. In such cases, the applicable kilometric rate (Appendix B of the Travel Directive), plus the necessary costs incurred en route for tolls for roads, ferries, bridges and tunnels will be applied.
- Students required to travel on official OCI business travel during the work period are eligible for reimbursement, as published in the Travel Directive .
- During the work period, students who are assigned to field parties may, at the discretion of the OCI delegated manager, be given board and lodging while employed in the field. This would normally be done in the same circumstances in which board and lodging would be provided to indeterminate employees.
3.16.2 Domestic travel
- Actual and reasonable transportation expenses may be paid, up to a maximum of the most economical air fare available for travel by employees which provides a standard of travel comparable to that provided by major airlines for the most direct routing at the time of travel, for
- travel from a Canadian educational centre to the reporting place or workplace and, return travel on completion of the assignment
- to the original educational centre, or
- to another educational centre where the student will continue his or her education, provided that this does not increase the transportation costs; and
- travel from an educational centre located outside Canada to the reporting place or workplace and, on completion of the assignment, return travel as described in (i) above.
- travel from a Canadian educational centre to the reporting place or workplace and, return travel on completion of the assignment
- In addition to transportation expenses provided under paragraph (b), a student may be reimbursed up to a maximum of $200 per return trip, for the combined miscellaneous expenses incurred at the start or at the end of a given period of continuous employment. This provision is intended to offset such additional costs as the return shipment of personal effects and temporary accommodation on arrival. Receipts are to be provided, when available. The honour system applies, at the discretion of the OCI manager, when receipts are not available.
Subject to any other enactment of the OCI , the Correctional Investigator may:
- establish standards of discipline for students on assignment; and
- prescribe, impose, vary or rescind, in whole or in part, the financial and other penalties, including suspension and termination of assignment that may be applied for breaches of discipline or misconduct.
3.18 Part-time assignments
Compensation for students working in part-time assignments shall be based on the principles found in the students' terms and conditions of employment.
3.19 Continuous employment
If a student employed under a student employment program is subsequently appointed to the OCI , assignments may be counted as continuous employment, provided they meet the relevant criteria of the OCI ’s terms and conditions of employment.
Appendix A - Student Rates of Pay - Effective May 1, 2017
1. Rates of Pay for Secondary School Students
Application of 2017 rates of pay for secondary school students:
1. Students may be paid at any step above the minimum rate in the following circumstances:
1.1 When the students are re-employed (as defined by the Public Service Commission for the purpose of recruitment and referral of students);
1.2 When the students have relevant previous work experience;
1.3 When there is a shortage of students in the field of study required.
Delegated OCI managers should be mindful of the need for equity and consistency in recommending a pay rate for secondary school students.
2. For assignments requiring secondary school education, delegated OCI managers may offer the assignment to post-secondary students and pay them the secondary school rate of pay only when secondary school students are not available.
2. Research Affiliate Program
The Correctional Investigator can authorize to set a stipend or a bursary in lieu of a salary. The stipend should reflect the corresponding hourly, weekly or monthly rate established for other post-secondary students for their completed years in their current field of study. The bursaries are paid through instalments.
Rates of Pay for Post-secondary School Students
College / CEGEP
Application of 2017 rates of pay for post-secondary students:
1. Rates of pay are determined at the initial appointment or reappointment stage and are based on the student's current academic level.
2. Since January 1st 1999, the rates of pay are not directly related to the number of years of study. The delegated OCI manager has the authority to offer students a salary within a salary range for a particular academic level. It is recommended, however, that the Correctional Investigator ensure uniformity in student rates of pay within the organization.
3. The rates of pay are designed to provide delegated OCI managers with a certain amount of flexibility, which means that delegated OCI managers can pay the students at any step above the minimum rate, under the following circumstances:
3.1 When the students are re-employed (as defined by the Public Service Commission for the purpose of recruitment and referral of students);
3.2 When the students have relevant previous work experience;
3.3 When the students have completed more than one (1) year of study in their present academic program;
3.4 When there is a shortage of students in the field of study required;
3.5 When the students are undergoing a second college or university undergraduate degree;
3.6 When a university degree or year of study is required as a prerequisite for another program, such as a bachelor of law, criminology, sociology or psychology.
4. The rate of pay selected should allow for a meaningful progression in the salary range on subsequent assignments.
5. Students enrolled at a university in a pre-university year are to be remunerated at the college/CEGEP level.
6. Students who:
- have completed a university degree, and
- continue their studies at a college in a related field of study
are to be remunerated at the step in the salary range for university undergraduate studies which is not less than the salary earned in the previous year.