The Workforce Adjustment Appendix (WFAA) is a section within PSAC Treasury Board and Agency collective agreements that outlines the rights, obligations, and processes for managing situations where employees' services are no longer required due to organizational changes, including government downsizing or cutbacks.
This glossary defines important terms and obligations. Some of these terms are found in Appendix K of the Parks Canada collective agreement, some are found elsewhere.
For more information about your rights at work during a workforce adjustment situation, visit psacunion.ca/workforce-adjustment.
Accelerated lay-off: occurs when a surplus employee makes a request to the chief executive officer, in writing, to be laid-off at an earlier date than that originally scheduled, and the chief executive officer concurs. Lay-off entitlements begin on the actual date of lay-off.
Affected employee: an indeterminate employee who has been informed in writing that their services may no longer be required because of a workforce adjustment situation.
Alternation: occurs when an opting employee or a surplus employee who is surplus because of having chosen Option 6.4.1 (a) who wishes to remain in the Agency exchanges positions with a non-affected employee (the alternate) willing to leave the Agency with a transition support measure or with an education allowance.
Alternate delivery initiative: the transfer of any work, undertaking, or business of the Agency to any body or corporation that is outside the Agency.
Chief executive officer (CEO): has the same meaning as in the definition of “chief executive officer” set out in Section 2 of the Parks Canada Agency Act and also means their designate as per Section 12 (4) of the Parks Canada Agency Act.
Core public administration: that part of the public service in or under any department or organization, or other portion of the federal public administration specified in Schedules I and IV of the Financial Administration Act (FAA) for which the Public Service Commission has the sole authority to appoint.
Education allowance: one of the options provided to an indeterminate employee affected by workforce adjustment for whom the CEO cannot guarantee a reasonable job offer. The education allowance is a cash payment equivalent to the transition support measure (see Annex B of the WFAA), plus a reimbursement of tuition from a recognized learning institution, as well as book and mandatory equipment costs, up to a maximum of $17,000.
Essential qualifications: qualifications that are necessary for the work to be performed and that must be met for a person to be appointed. Essential qualifications are still determined by the employer but are differentiated from asset qualifications, which are qualifications — other than official language requirements — that are not essential to perform the work, but that would benefit the organization or enhance the work to be performed.
Guarantee of a reasonable job offer (GRJO): a guarantee of an offer of indeterminate employment within the Agency provided by the CEO to an indeterminate employee who is affected by workforce adjustment. The CEO will be expected to provide a guarantee of a reasonable job offer to those affected employees for whom they know or can predict that employment will be available in the Agency. Surplus employees in receipt of this guarantee will not have access to the options available in Part VI of the WFAA.
Joint workforce adjustment committee: a joint committee that must be created at all necessary levels by the Agency with their union counterparts to discuss all aspects of the workforce adjustment process being undertaken, including voluntary departure programs and alternation.
Laid-off person: a person who has been laid-off pursuant to Section 13 (1) of the Parks Canada Agency Act and who still retains an appointment priority under Section 6.1: “Priority status” of the Parks Canada Staffing Policy (available on the employee-facing intranet).
Lay-off notice: a written notice of lay-off to be given to a surplus employee at least one month before the scheduled lay-off date. This period is included in the surplus period.
Lay-off priority: a person who has been laid-off is entitled to a priority for appointment on the basis of individual merit without recourse to a position in the Agency for which, in the opinion of the CEO, they are qualified, in accordance with Section 6.1: “Priority status” and Appendix C: “Priority management guidelines” of the Parks Canada Staffing Policy (available on the employee-facing intranet). This priority is accorded for one year following the lay-off date pursuant to the Parks Canada Staffing Policy, Section 4.1, or following the termination date pursuant to the Parks Canada Agency Act, Section 13. This priority period is unpaid.
Opting employee: an indeterminate employee whose services will no longer be required because of a workforce adjustment situation, who has not received a guarantee of a reasonable job offer from the CEO, and who has 120 days to consider the options in Section 6.4 of the WFAA.
Pay: has the same meaning as “rate of pay” in the collective agreement.
Priority Administration System: is a system designed by the Agency to facilitate appointments within the Agency of individuals entitled to priorities under the WFAA. The centralized priority administration system is managed by the vice-president, human resources, and employee wellness based on procedures and requirements for the registration and presentation of employees with priority status. All persons with priority entitlement must be registered in Parks Canada's Priority Administration System, including those who will be appointed immediately or very soon after being granted priority status.
Public Service: any department, agency, or employer specified in Schedules I, IV, or V of the Financial Administration Act (FAA).
Reasonable job offer: an offer of indeterminate employment within the Agency, normally at an equivalent level, but which could include lower levels. Surplus employees must be both trainable and mobile. Where practicable, a reasonable job offer shall be within the employee's normal workplace, as defined in the Parks Canada Travel Policy (available on the employee intranet). In alternative delivery situations, a reasonable offer is one that meets the criteria set out under Type 1 and Type 2 in Part VII of the WFAA.
A reasonable job offer is also an offer from a public service employer, providing that:
(a) The appointment is at a rate of pay and an attainable salary maximum not less than the employee's current salary and attainable maximum that would be in effect on the date of offer.
(b) It is a seamless transfer of all employee benefits including a recognition of years of service for the definition of continuous employment and accrual of benefits, including the transfer of sick leave credits, severance pay and accumulated vacation leave credits.
Reinstatement priority: is a priority for appointment pursuant to the Parks Canada Staffing Policy accorded by the Agency to certain employees who are salary-protected under the WFAA for the purpose of assisting such persons to re-attain an appointment level equivalent to that from which they were declared surplus. As per Section C.10.2.1: “Reinstatement priority” in Appendix C of the Parks Canada Staffing Policy (available on the employee-facing intranet), this priority is not associated with a maximum duration.
This priority right ends when:
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the person with priority has been appointed to a position whose maximum rate of pay is equal to or greater than the maximum rate of pay of the position for which they were declared surplus or laid off; or
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the person with priority declines an appointment to a position in the Agency whose maximum rate of pay is equal to or greater than the maximum rate of pay of the position for which they were declared surplus or laid off, without good and sufficient reason.
Relocation: the authorized geographic move of a surplus employee or laid-off person from one place of duty to another place of duty located beyond what is a normal commuting distance according to local custom, which is generally considered to be 40km.
Relocation of a work unit: the authorized move of a work unit of any size to a place of duty located beyond what, according to local custom, is normal commuting distance (generally considered to be 40 km) from the former work location and from the employee's current residence.
Retraining: on-the-job training or other training intended to enable affected employees, surplus employees and laid-off persons to qualify for known or anticipated vacancies within the Agency.
SERLO Process (Selection of Employees for Retention and Lay-off): The Parks Canada Agency Act gives the CEO the authority to determine the process for laying people off. SERLO is the process the Employer has used in the past and currently favours for deciding which employees will be retained and which employees will be made opting. The process is outlined in the Agency’s SERLO Policy and guidelines (available on the employee-facing intranet).
The Parks Canada SERLO process mimics the process used by the Public Service Commission for members of the core public service. PSAC has long advocated for “equitable seniority” as an alternative to the SERLO process, which lacks transparency and equity.
Surplus employee: an indeterminate employee who has been formally declared surplus, in writing, by the CEO.
Surplus priority: is a priority in appointment accorded by the CEO to surplus employees to permit them to be appointed to other positions in the Agency based on individual merit without recourse in accordance with Section 6.1: “Priority status” of the Parks Canada Staffing Policy (available on the employee-facing intranet). In a WFA situation, employees are entitled to a surplus priority when they receive a guarantee of a reasonable job offer, which is unlimited; or they are made opting and they choose Option A, which is time limited for up to one year.
Surplus status: there are two types of surplus status. Indefinite surplus status means that an indeterminate employee has surplus status from the date they are declared surplus until the date of lay-off, until they are indeterminately appointed to another position or until the person resigns depending on the type of surplus status that applies. Time-limited surplus status occurs when an employee chooses Option A in 6.4.1 of the WFAA. The employee then has surplus status until they find another position or until the surplus status granted by their choice ends and that status is rescinded (most often a year from when the employee officially made the choice).
Transition support measure (TSM): one of the options provided to an opting employee for whom the Agency cannot guarantee a reasonable job offer. The transition support measure is a cash payment based on the employee's years of continuous employment, as per Annex B of the WFAA. Years of service is the combined years of service in the public service immediately prior to appointment to the Agency, for which there were not granted a transition support measure, plus years of service with the Agency.
Twelve-month surplus priority period in which to secure a reasonable job offer: one of the options provided to an opting employee for whom the CEO cannot guarantee a reasonable job offer.
Workforce adjustment: a situation that occurs when the CEO decides that the services of one or more indeterminate employees will no longer be required beyond a specified date because of a lack of work, the discontinuance of a function, a relocation in which the employee does not wish to participate, or an alternative delivery initiative.