Service Agreement for the President

SERVICE AGREEMENT

BETWEEN:

PROFESSIONAL INSTITUTE OF THE PUBLIC SERVICE OF CANADA 

(the “Institute” or “PIPSC”)

AND:           

NAME

(the “President”)

WHEREAS the relationship between the parties governed by this Agreement is contingent upon the President having been validly elected by the membership of the Institute and holding the office of President in accordance with the applicable Policies, and Bylaws as amended from time to time, and also contingent on signing this Agreement, as failure to enter into this Agreement will result in being disqualified to hold office, the Parties agree as follows:

1. Duties, Obligations and Authorities
   1. The President accepts the obligations, duties and authorities contained in By-Laws 19 and 23.1 of the Institute’s Bylaws, the Policy on President Terms and Conditions (the “President Policy”) and the Position Description, as they may be amended from time to time.
   2. The President is required to ensure that the business of the Institute is conducted in accordance with such policies and directives that may be established by General Meetings and/or the Board of Directors.
   3. The President is obligated to perform the tasks assigned to them 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 always act in the best interests of the Institute in all of his/her dealings. 
   4. The President is responsible for the direction, supervision and discipline of the Vice-Presidents, in accordance with the Institute’s Policies, and Bylaws. 
   5. Allegations against the President of misconduct and breach of the obligations set out in this Agreement, the Policies, and/or Bylaws of the Institute shall be dealt with by the Board of Directors as outlined in the President Policy (Appendix 2). Any discipline imposed on the President by the Board may be appealed pursuant to Part G of the Dispute Resolution and Discipline Policy.
   6. Other Duties: Pursuant to Clause 19.2.1 of Bylaw 19, the President shall be the Chief Executive Officer, Chair of the Board and Chair of the Executive Committee and may chair other Committees as designated in the By-Laws. The President is an ex-officio member of all Committees except where excluded by the By-Laws. In addition, the President shall have official signing authority.
2. Terms and Conditions of Service
   1. The terms and conditions of the President’s contract with the Institute are governed by the President Policy, the Institute’s Bylaws, 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, relevant policy and this Agreement, the Bylaws or the relevant policy shall prevail.
   2. The terms and conditions for the President will be reviewed by the Executive Compensation Committee (the “ECC”) 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 shall take effect between triennial reviews, except for economic adjustments and personal allowances, or as may be required by law (or to reflect updates in the law or to the applicable employment standards). 
3. Salary 
   1. The salary ranges for the President shall be determined by the Board, based on the review and recommendation of the ECC, in accordance with the President Policy (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 President will be reviewed by the ECC on a yearly basis and shall be determined by the Board in accordance with the President Policy.  
4. Expenses
   1. Travel expenses for the President will be provided as set out in the Policy on the Institute’s Board of Directors Article 8. The President may travel Business Class if desired.
   2. Hospitality expenses for the President are described in the Policy on the Institute’s Board of Directors Article 9.
   3. The President will receive a Personal Allowance which covers travel, parking and taxis in the headquarters area (16 km radius).   The ECC will review the amount of the Personal Allowance on an annual basis to determine if changes are necessary. This allowance is a taxable benefit.
   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 with receipts submitted on a monthly basis to the Finance Section.
   5. Parking will be provided as a taxable benefit.
   6. Professional image expenses up to $5,000 annually for considerations such as personal grooming, clothing, image consultant, etc.
   7. No direct payment of personal credit cards will be made.
   8. Expense accounts are subject to the review of the Finance Committee, under the authority of the Board.
5. Hours of Work
   1. It is understood that the President’s hours of work will vary from day to day and week to week, depending upon the President’s commitments.
   2. The President is not entitled to overtime payment or other special compensation for hours worked.
6. Telework
   1. The President may be required to perform work remotely from time to time, as reasonable, based on operational requirements.
   2. This Agreement is contingent on your acknowledgement that this is an Ottawa-based position.  It is also conditional on your agreement and adherence to Schedule “A” - Terms and Conditions of Telework, which apply to you any time you may be working remotely.  Please carefully review these terms and conditions as they form part of your employment agreement.
7. Annual Leave

The President shall accrue paid leave at the rate of 2.5 days per month, which is equivalent to six (6) weeks per annum (“Paid Leave”). You may take Paid Leave for vacation, marriage leave, moving, medical appointments, and/or family responsibilities. If this Agreement expires or is terminated for any reason, any vacation days taken but not accrued shall be deducted from any payments owing to the President by the Institute. You will not accrue paid leave while on an unpaid leave of absence, except as prescribed by the Employment Standards Act (Ontario), as amended from time to time (the “ESA”).

1. Carryover is limited to two weeks, unless otherwise limited by law.
2. All annual vacation requests of 16 days or more must be approved in advance by the Board.
3. Bereavement leave (as defined by the Institute’s policy for staff) will be approved as required for the President.
4. All Paid Leave requests for the President will be administered through the Office of the Executive Director.

8. Sick Leave and Other Leave
   1. The President will be provided with paid Sick Leave of up to thirteen (13) weeks per term of office, which will be “banked” for use as required (“Sick Leave Bank”) during the term of office.  Sick days will be deducted from your Sick Leave Bank as they are used.  Medical certificates may be requested, as necessary.  

 

2. If the President exceeds their Sick Leave Bank, and is unable to return to their elected responsibilities, they will be provided with the option to return to their substantive position and apply for the employer’s existing income protection program, or remain on leave without pay (subject to the Institute’s duty to accommodate to the point of undue hardship, which will be considered on a case-by-case basis).  

 

3. The President is not eligible for the Institute’s Long Term Disability Benefits plan.  However, the Institute will pay the employer share of the Long Term Disability Insurance premium on behalf of the President who is on a leave of absence from their substantive employer.

 

4. Any unused amounts in the Sick Leave Bank shall be forfeited upon termination for any reason and at the end of each term.  There will be no carryover of any unused Sick Leave from one elected term of office to another. Sick Leave banks have no monetary value for cash out purposes.

 

5. The President is eligible for Pregnancy/Parental Leave and such other leaves as prescribed by, and in accordance with, the ESA. Any other leave requests (e.g. for an extended medical leave, etc.) shall be considered on a case-by-case basis, having regard to the Institute’s duty to accommodate (if applicable) pursuant to the Ontario Human Rights Code.

 

9. Absence from Work
   1. The President shall give notice to the Board 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 President shall provide notice to the Board as soon as reasonably practicable.
10. Statutory Holidays
    1. The Institute shall provide to the President all statutory holidays normally observed by the Institute.
    2. The following days shall be designated paid holidays: 
       1. New Year's Day 
       2. Family Day
       3. Good Friday
       4. Easter Monday 
       5. the day fixed by proclamation of the Governor-in-council as the Sovereign's Birthday 
       6. Canada Day 
       7. first Monday in August 
       8. Labour Day
       9. National Day for Truth and Reconciliation
       10. the day fixed by proclamation of the Governor-in-Council as Thanksgiving 
       11. Remembrance Day 
       12. Christmas Day 
       13. Boxing Day
       14. all regularly scheduled working days between Boxing Day and New Year’s Day
11. Benefits
    1. In accordance with the President Policy, the Institute will maintain the insured benefits for Health Care, Dental, and Life Insurance from the President’s substantive employer for their term in office.  The employer’s contributions to these plans will be paid by the Institute for the President for the duration of any leave of absence, but only to the extent such leave is prescribed by the ESA.
    2. An annual wellness gift of up to $500 (taxable benefit) will be administered as per the Institute’s policy for staff.
12. Pension Plan
    1. The President shall be offered inclusion in the Supplementary Pension Plan and PIPSC pension plan.  This means that the President will receive a pension based on their substantive salary in the Public Service plus a pension from PIPSC based on the difference between their Public Service Pension and their salary as President for the year(s) they serve as a President.
13. Superannuation
    1. The Institute shall pay the employer’s portion of contributions to the superannuation account if the President is on leave without pay from the Public Service.  This payment is determined by the rate of pay the President would have received had they maintained their service with the Public Service.
14. Language Training
    1. Subject to Board approval, intensive language training will be provided to the President as needed.
15. Professional Dues
    1. Professional dues for one relevant designation or association shall be paid for the President on an annual basis.
16. Duration and Termination
    1. This Agreement shall remain in place for the duration of the President’s term, which is three years, unless they are removed by the membership prior to the expiry of that three-year term, or if this Agreement is frustrated, or terminated in accordance with its provisions, prior to the expiry of that three year term.
    2. This Agreement may be terminated at any time, at the expiry of the term (if not re-elected), or earlier, on provision of the following: 

1. by you, on provision of a minimum of three (3) months’ prior written notice to the Institute. The Institute shall have the right to waive the resignation notice period or part thereof by continuing your regular wages and benefits, if any, for the period so waived (“President Resignation”);

 

2. by the Institute, at any time, without notice or pay in lieu thereof, except payment of outstanding wages and vacation pay accrued to the date of termination, in the event of willful misconduct, disobedience or willful neglect of duty that is not trivial and has not been condoned by the Institute (“Termination With ESA Cause”); or

 

3. by the Institute, for any reason permitted by law, upon the provision of i. the minimum notice or payment in lieu of notice and all other entitlements, including continuation of benefits and severance pay (if applicable), as prescribed by the ESA; and ii. such additional severance payment to which the President may be eligible pursuant to the President Policy. This termination provision satisfies any entitlement you may have to notice or pay in lieu of notice and to termination pay and severance pay, if any, under the ESA, the common law, or otherwise (“Termination Without ESA Cause”).

 

3. You covenant and agree that the Institute has the right to lay you off temporarily in accordance with the provisions of the ESA, and that such temporary layoff does not constitute Termination Without ESA Cause or constructive dismissal.
4. For clarity, if the President is re-elected to another term or another office, without any interruption of service, such is not considered a “termination” for the purposes of the entitlements set out herein, including but not limited to any notice or pay in lieu of notice, continuation of benefits, or severance payments, including those prescribed by the ESA and President Policy.
5. If the President completes their term of office, is not re-elected for another term or to another elected office within the Institute, and is not retiring from their substantive employer, they will be entitled to outplacement services, which services will be administered by the Institute with an external service provider, up to a maximum of 10 sessions.

17. Loyalty and Conflict of Interest
    1. The President must not, during their tenure as President of the Institute, for themself 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 President must not, during their tenure as President of the Institute, for themself 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 President become aware of any potential conflict of interest between their personal interests or those of their family and the interests of the Institute, the President shall immediately disclose the same to the Board of Directors and shall follow its direction with respect to the matters in issue.
    3. The President agrees to act in a manner consistent with the Institute's interests at all times. The President shall disclose to the Board when they are in a family, marital or close personal relationship with another Institute employee or officer that might interfere with the President's objectivity and/or ability to act in the best interests of the Institute.
18. Confidentiality
    1. The President acknowledges that as a result of their service for the Institute, they have 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 President therefore agrees that, during the term of their service under the Agreement and continuing thereafter, the President 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 President has become publicly available.
    2. The President 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 President 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, correspondence, program, application 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 President’s possession during the President’s tenure with the Institute, in the performance or in the course of the President’s work, regardless of whether the President has participated in its preparation or design, how it may have come into the President’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 President’s contract, shall not be deleted, destroyed, removed from the Institute’s premises or otherwise disposed of, but shall be returned to the Institute or its designated representative.  
20. Modification of Agreement
    1. The written provisions of this Agreement and the President Policy shall constitute the full extent of the remuneration and other entitlements of the President, regardless of any oral agreements or understandings which may presently or hereafter exist between the Institute and the President.
    2. Any amendment to the remuneration of the President made pursuant to Bylaw 19.3.1 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.
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 in accordance with the Arbitration Act of Ontario.  The Institute’s General Counsel shall designate the arbitrator who will first conduct 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 may otherwise be 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, and Bylaws 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 President to the Institute.
26. Legal Advice
    1. The President acknowledges having had the opportunity to obtain independent legal advice at their own expense 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 executed 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 President’s having commenced working for the Institute, the President acknowledges having received $1 (one dollar) as full 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 hereinafter set forth.

 

 

 

SCHEDULE ‘A’: TELEWORK AGREEMENT

Terms and Conditions of Telework

SECTION:

EMPLOYEE:

POSITION:

MANAGER:

OFFICIAL WORKSITE: PIPSC / Institute – Reporting Office address

TELE-WORKPLACE LOCATION : Home Address

 

Tele-workplace

1. The employee’s tele-workplace is identified above.
2. The employee is responsible for setting up and maintaining a suitable, private, safe, ergonomic designated work area in their home. 
3. The employee will perform their PIPSC / Institute work from the address as provided above exclusively. This designated work area in the employee’s home is the employee’s “tele-workplace” for the purposes of this agreement.  
4. The tele-workplace is not for receiving members, coworkers, holding meetings or conducting duties with others. If the employee needs to meet with others for any reason in the performance of their duties, arrangements for virtual meetings must be made, and, if unavoidable presence in the remote workplace is required, arrangements should be with the employee’s manager in advance.
5. Any anticipated change in the tele-workplace must be discussed with Human Resources. In the event the employee is considering relocating to another province than the province hired in, the employee will provide a written request to the Institute for the approval of the new work location prior to the relocation. The Institute will generally not approve a telework arrangement in a province or territory where the Institute does not have an office. All requests will be reviewed on a case-by-case basis. Any approved changes in the tele-workplace remain subject to the employee’s terms and conditions of employment, including the Institute’s right to require the employee to work from the Official Worksite (identified above) upon three-months’ notice.

 

Institute Policies and Performance of Duties

1. The employee agrees to abide by all Institute policies.  
2. Employees working remotely are expected to perform work duties in the normal course and must be available and accessible during agreed upon working hours.
3. Employees will keep a record of their daily hours worked and will ensure WFN is updated accordingly.  
4. The employee will establish routine daily contact with his/her team lead, manager or alternate. 

 

Technology, Equipment & Materials

The Institute will provide to the employee:

1. A laptop computer and mouse.
2. A computer VOIP phone (determined based on role and on an as-needed basis). All internal communication is handled through video streaming such as Zoom. 
3. A headset.
4. A separate monitor and keyboard may be provided as needed on a case by case basis.
5. Standard stationary supplies – approved expenses that are reasonably required to perform work will be reimbursed upon submission of receipts through the standard expense claim process. PIPSC is not responsible for costs associated with setup of the employee’s tele-workplace, including but not limited to remodeling, furniture, lighting, repairs or modifications to the workspace. 
6. The employee must have and maintain, at their own expense, access to high speed internet required to carry out the role requirements. 
7. The employee will return all Institute equipment in a secure and timely manner if and when the temporary remote work arrangement or employment is terminated by either party. 

 

Privacy, Confidentiality and Security

1. PIPSC is subject to various requirements regarding privacy and confidentiality that arise out of legislation and policy. All such requirements must be met by the employees in respect of any electronic or hardcopy information or records outside secure PIPSC offices or that the employee accesses electronically from offsite.
2. Employees must take all reasonable steps to secure and maintain the confidentiality of all PIPSC information and documents while they are being transported to and from the employee’s tele-workplace, and while the documents are in the tele-workplace. Such steps will include protecting such documents from being damaged, destroyed, stolen, copied or otherwise accessed by unauthorized individuals. If there is a concern that sensitive and private information has been compromised in any way, this must be reported to the manager and HR as soon as possible. 
3. Employees working with confidential, personal or protected information are required to secure the information in a secure location of the home and ensure other family members or visitors to the tele-workplace do not have access to this information.
4. Equipment must be secured whenever it is not in use.
5. The IT equipment is supplied for the remote employee’s sole use. No other person, including family members, should have access to use the PIPSC-supplied computer. 

 

Health, Safety

1. The employee undertakes to perform their PIPSC work duties in a safe and healthy manner including applying good ergonomic work practices at all times. The employee must immediately report any accident or injury that occurs in their tele-workplace to their manager. 
2. PIPSC will not be held liable for any accidents or loss to third party residents or visitors to the tele-workplace. 
3. Emergency measures – the tele-workplace must have smoke alarms, access to a fire extinguisher, a carbon monoxide detector, first aid supplies and other measures in place for their safety.
4. Any accidents or injuries sustained during the course of employment by the employee must be reported to the employee’s manager as soon as reasonably possible, but no later than 24 hours after such injury/accident.
5. Upon any accidents or health and safety concerns at the tele-workplace during the course of conducting work duties, the employee agrees to grant access to a PIPSC representative to inspect the tele-workplace to ensure continued suitability and safety to continue work from the tele-workplace. 
6. The Institute will not be responsible for any non-work related injuries that may occur in the tele-workplace.
7. The Institute assumes no responsibility for any activity, damages or injury which is not directly associated with or resulting from the employee’s official duties. The Institute assumes no responsibility for the employee’s personal property or liability or death to third persons or members of the employee’s household that occur at the tele-workplace, either inside or outside the employee’s designated tele-workplace. 

 

Tele-workplace (Home) Expenses

1. Any costs not already mentioned but associated with working from their tele-workplace will be borne by the employee, including internet, heat, electricity, home insurance and any other incidental expenses.  
2. It is the employee’s responsibility to consult with their home insurance agent regarding any implications due to tele-working from home and for ensuring that the tele-workplace complies with any applicable municipal and provincial legislations or regulations.  
3. All costs for travel to and from the Official Worksite must be approved in advance and will be borne by the Employer.

 

Work-Related Travel

1. Any approved work-related travel expenses incurred by the employee excluding required travel between the tele-workplace and the Official Worksite, will be reimbursed to the employee pursuant to Institute Policies, as applicable. 

 

Acknowledgements:

Employee:

I have read and agree with the above telework agreement. I fully understand the duties, responsibilities, obligations and conditions for telework as expressed in this document.  I also understand that these are in addition to my normal duties, responsibilities and obligations as an employee of the Professional Institute of the Public Service of Canada.

___________ __________________________________

(employee Name), Title

___________ __________________________________

(Name…..) ,    Manager’s Title

Revised June 2024; effective January 1, 2025