Without prior consultation, the government has unilaterally announced plans to cut budgets across the federal public service.  

PSAC is concerned that these spending cuts will not only impact services to Canadians but will result in job cuts. PSAC will be fighting against these cuts and protecting workers caught in the crossfire. 

PSAC collective agreements have protections against job cuts. Employers must make every reasonable effort to ensure that any reduction in the work force is done through attrition. Employers must ensure that employees are treated equitably and given every opportunity to continue their careers. This section of our website outlines your rights and options as a worker facing these challenges and contains more information about the process.

General

What is employment transition?

Employment transition is the term used to describe a process for reducing indeterminate positions at CFIA. This process is called workforce adjustment (WFA) in the core federal public service and other agencies. The process was negotiated by PSAC with your employer as an important job protection measure. Its main purpose is to protect the jobs of our members.

The employment transition policy (ETP) is outlined in your collective agreement, in Appendix B. For the largest federal bargaining units, the WFA Appendix is found in the following places:  

• Treasury Board:
  • EB: Appendix B
  • FB: Appendix C
  • PA: Appendix D
  • SV: Appendix I
  • TC: Appendix T
• Canada Revenue Agency: Appendix C
• Parks Canada: Appendix K

How is employment transition defined? 

Employment transition is a situation that occurs when the President decides that the services of one or more indeterminate employees will no longer be required beyond a specified date when there is a lack of work or discontinuance of function as a result of expenditure constraints, new legislation, program changes, reorganization, technological change, productivity improvement, elimination or reduction of programs or operations in one or more locations, relocation, or decentralization.  

The employment transition policy (ETP) may apply to individuals, groups, or entire work units. 

Budget cuts most often take the form of a lack of work or discontinuance of a function, which refers to the elimination of a specific job function or activity within a federal department or agency. Positions associated with a lack of work, or the discontinued function may be declared surplus. Employees occupying these positions could be affected by the employment transition process. 

What does the Employment Transition Policy oblige the employer to do? 

The Agency must:  

• Advise and consult with the union as soon as possible.  

• Maximize employment opportunities for indeterminate employees.  

• When possible, provide alternative employment opportunities at CFIA and give employees every reasonable opportunity to continue their careers in the public service.  

• Treat employees equitably.  

• Establish joint employment transition committees.  

• Review the use of private temporary agency personnel, consultants, contractors, term employees and all other non-indeterminate employees and where practicable not re-engage them when it will facilitate the appointment of surplus or laid off persons.  

• Identify opportunities for retraining to help workers continue their careers at CFIA.  

• Notify employees in writing about their status and any change to it.  

• Establish voluntary departure programs for all employment transition situations involving five or more affected employees working at the same group, level, and work unit.  

• Assign a counsellor to all affected employees who have not secured indeterminate employment. 

Additional employer obligations can be found in Part I of the Employment Transition Policy (ETP). 

What does the Employment Transition Policy oblige workers to do?  

In an employment transition situation, it’s important to be proactive and investigate other potential employment opportunities with CFIA and the federal public service. Once it’s clear that employment transition is inevitable, you should:  

• Collaborate with human resources to find new roles.  

• Gather information about your entitlements under the ETP.  

• Provide résumés or other relevant information to assist the employer in securing new work for you.  

• Ensure you can be contacted easily.  

• Consider training and job opportunities.  

• Be aware of timelines and proactively consider options when decisions are required. 

What does it mean to be an “affected”, “surplus” or “opting” employee?  

The Employment Transition Policy (ETP) begins with a general section that includes definitions of these terms, and many others used in the employment transition process. This is the best reference tool for understanding ETP. 

How do I read and understand the ETP? 

The Employment Transition Policy (ETP)is organized around key decision points. Some parts may apply to your employment transition situation. Other parts might not. It is comprised of a General section that outlines the objectives and definitions followed by these six Parts and one Annex: 

• Part 1 outlines the roles and responsibilities for the Agency and employees.  

• Part 2 outlines the process for the Agency to notify the union. It is important that the union knows when an employment transition situation is going to occur so that it can actively represent members impacted by the situation. 

• Part 3 outlines the process that the Employer must follow when there is a relocation of a work unit.  The Employer has unique obligations when a whole work unit is being relocated. 

• Part 4 outlines the Employer’s obligations to provide retraining opportunities. There are different obligations for affected, surplus, and laid-off employees.   

• Part 5 outlines when the Employer must provide salary protection when employees are appointed to lower-level positions as the result of employment transition.  

• Part 6 outlines the choices members need to make if they are not provided with a guarantee of a reasonable job offer. This part spells out how the process works in general, the role that the voluntary departure program plays; how the alternation process works; and the options that members must choose from, including a one year paid surplus priority (Option A), a lump sum departure payment called a Transition Support Measure (TSM, often combined with a Public Service Superannuation Pension waiver), or an Education Allowance combined with a TSM (Option C). 

• Annex A contains  a table outlining the number of weeks of Transition Support Measure based on years of service for those choose Option B or C.   

How do I know if I am subject to employment transition?

Indeterminate employees must be notified in writing by the employer that they will be impacted by an employment transition process.  

The President must notify you in writing that your services may or will no longer be required, depending on the situation. The notice will indicate that you are officially “affected”. The notice may also include whether you: 

• Will receive a guarantee of a reasonable job offer, or 

• Are eligible to participate in a voluntary departure program, or 

• Will be required to participate in a process for determining who in your work unit at the same group and level will be laid off, or 

• Have access to the opting provisions in article 6.4.1 the ETP Appendix.  

Where applicable, the notification should also provide the information relative to the employee’s possible layoff date. 

Other important notices must also be issued during the process. These notices include surplus letters, job offers, opting decisions, requests for résumés and other personal information, as well as job interview notices. Many of these will specify timelines for responding or making a choice. 

It is very important for you to respond to the notices by the deadlines provided. 

What is the process for determining who is laid off?

Due to existing legislation, management determines who is retained and who is laid off when the employer has decided to make changes to the workforce, including job cuts.  

When multiple employees of the same occupational group and level, who are either employed in similar positions or performing similar duties, are affected, and the employer needs some employees to remain employed, management has unilateral discretion to determine the process for deciding which employees retain their substantive positions. As part of the selection and retention process, the manager assesses employees to determine who will be retained and who will be declared surplus. Selection is based on specific criteria used to assess which employees are qualified to perform the continuing functions of the position and contribute to meeting the future needs of the organization. 

Unfortunately, there is limited recourse to this process which lacks transparency and accountability and PSAC is challenging its legality. PSAC has long advocated for an equitable, seniority-based process to reduce some of the stress caused by layoffs while maintaining equity considerations. We will continue to fight for fair and transparent processes that account for seniority and equity when layoffs occur. 

What do I do if I hear about an employment transition situation or I am notified of one?

When you are first notified about an employment transition situation, or even if you believe you may be subject to one in the near future, please follow these general guidelines: 

• Don’t trust hearsay propagated by individual managers and supervisors.  

• Keep local and national union leadership and PSAC regional staff advised about what you are hearing. This way your union may raise the issues at a Union Management Committee meeting or a standing Joint Employment Transition Committee meeting, to verify the claims.  

• Do not to make any rash or quick decisions. Instead become informed and ask questions about your particular situation and your options from both the union and the employer. 

• After becoming informed, seriously consider all the options available to you with particular emphasis on what the best option is for you, given the situation. The Employment Transition Policy requires you to make difficult choices, and the choice that each must make depends on your individual circumstances.  

• Ensure that you respond to requests from the employer within the specified deadlines. Understandably, you may just want the whole situation to disappear because the decisions you are forced to make are so difficult. Unfortunately, not doing anything will make the situation worse and potentially force you to accept an option that isn’t the best one for you. 

• If you are deemed surplus and your desire is to remain employed by the Agency, you must actively seek alternate employment and seriously consider all job offers. Be assertive in questioning your human resources advisors about what they are doing to help you find new employment. 

• Ensure you can be easily contacted by both the union and your employer. 

• Union protections and processes are the most important resource assisting you through the job loss or transition process and you have the right to representation throughout, from before the process starts until after it ends.  

Specific employment situations

What does employment transition mean for term employees?

Managers can end the employment of a term employee earlier than the date specified in the offer of employment in accordance with Article 6.8.6 the CFIA Directive on Staffing (found on the CFIA intranet).  

Managers must provide written notice or pay in lieu of notice to the term employee and respect the following notice periods: 

• a minimum of two weeks of notice for employees with one year or less of service. 

• a minimum of four weeks of notice for employees with more than one year of service. 

What happens if I am on leave or was set to go on leave soon?

Any approved leave remains approved unless otherwise communicated by your manager. See the relevant article of the collective agreement pertaining to your leave, to understand how and when management may cancel an approved leave.  

Employees on paid or unpaid leave are under no greater or lesser risk of being given an affected status notice under the Employment Transition Policy. However, being on leave could mean that management fails to properly notify you, or maintain communication with you throughout the process, which could give rise to legitimate complaints against the employer. Consult your union steward if you feel management has failed to meet its notice obligations under the ETP.   

What happens if I am in an acting position and my substantive has been affected by employment transition?

Your rights and obligations, and those of the employer, remain the same regardless of your acting status. In the eventuality that your substantive position is eliminated due to employment transition, you will no longer be eligible to occupy your acting assignment because your employment status remains attached to your substantive for the duration of the acting assignment. You will have the same rights as any other employee to all provisions of the Employment Transition Policy, depending on if they are applicable, including a voluntary departure program, a Guarantee of a Reasonable Job Offer, alternation and the options in article 6.4 (including surplus priority for securing a reasonable job offer, a transitional support measure and/or education allowance). 

Voluntary Departure Programs (VDP)

What is a Voluntary Departure Program (VDP)?

CFIA must establish a voluntary departure program for all employment transition situations involving five or more affected employees working at the same group and level and in the same work unit. The VDP allows affected employees to leave their public service employment by selecting among options in the Employment Transition Policy. Those options are a transitional support measure (TSM) lump-sum payment (see 6.4.1(B)), or a TSM with an additional education allowance (see 6.4.1(C)). You may be eligible for a pension waiver. Those participating in the VDP are also entitled to severance as per Article 62 – Severance Pay of your collective agreement. 

Do I have to participate in the Voluntary Departure Program (VDP)?

It is an entirely individual decision to participate or not participate in the VDP. It is important that you access whether the WFA entitlements are of benefit to you. If you decide VDP is not right for you then you must wait to learn whether a selection and retention  process will take place, whether you will be given a Guarantee of a Reasonable Job Offer, or whether you will be made “opting” with access to the options in article 6.4 of the ETP. 

It is important to note that if there are more volunteers than there are positions to be cut, the volunteers are selected in order of seniority with the most senior granted voluntary departure.  

If I leave voluntarily, do I have access to EI?

If you participate in a voluntary departure program (VDP) and resign, you are deemed to have been laid off and are therefore eligible to Employment Insurance Regular Benefits. However, your Transition Support Measure and any severance must first be allocated based on your normal gross weekly earnings, delaying your first week of entitlement to EI benefits accordingly. There are further conditions to demonstrate eligibility for EI benefits in any given week, and you should consult Service Canada for more information.  

Guarantee of a Reasonable Job Offer

What is a Guarantee of a Reasonable Job Offer?

If an employee is affected and declared surplus, they may receive a guarantee of a reasonable job offer, which they can accept or reject. 

The definition of a reasonable job offer, specific to Part I to VI, is: “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 headquarters as defined in the National Joint Council Travel Directive.” 

A reasonable job offer is also an offer from a Public Service employer, provided that: 

• 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. 

• 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. 

If employees receive a guarantee of a reasonable job offer, they are put on surplus priority and paid until the employer fulfills their guarantee of a job. If required, they must be willing to be trained and they must be mobile. 

Will I be compensated for the difference in salary should I find a new position that is at a lower level?

If you are given a Reasonable Job Offer at a lower classification level, you will be salary protected at your prior substantive classification level for the duration that you occupy the new position. This salary protection is known informally as “red circling”.  If you deploy out of the position (at any pay level), or resign and later return to CFIA, you are no longer entitled to salary protection. In rare cases, your new classification level may move above the value of your prior classification, in which case you would be entitled to eliminate your salary protection and benefit from the new, higher rate.  

Will the employer cover my relocation costs if I am given a Reasonable Job Offer in another location?

In the event you secure a Reasonable Job Offer that is located more than 40km from your prior home office, you are entitled to relocation costs under the National Joint Directive on Relocation.    

Opting Provisions

When does the 120-day opting period start?

The 120-day period begins on the date of receipt of the letter notifying the employee that they are deemed an Opting employee.  

It does not begin when the employee receives the notice of affected status letter, unless the letter states that the employee is being made opting then. However, often this determination is made following a series of other steps including, determination of whether you are to receive a Guarantee of a Reasonable Job Offer, voluntary departure programs, and a selection and retention process. Only after the notification of opting status does the 120-calendar day period start. If the employee fails to communicate their choice within the stated timeframe, they will be deemed to have selected option 6.4.1a of the ETP, to be placed on the surplus priority list for a period of 12 months for staffing purposes, after which they will be laid off if no employment has been secured.  

What does it mean to be on a surplus priority list?

If you select option A in Article 6.4.1 of the ETP, you will have a 12-month surplus priority period. This means that for any job for which you meet the essential merit criteria, your candidacy is identified to the hiring manager through the priority list, and you are entitled to the position above all other non-priority candidates. In the event of multiple qualified priority candidates, further assessment may be warranted for selection.  

While this process is automated, you still share responsibility for locating suitable work and bringing to managers’ attention job opportunities that you would like to be considered for. You are removed from the priority list as soon as you find alternative work, whether it arises from the priority list, a pool you freely qualified in, or any other deployment.    

If I find a job elsewhere in the government, can I take it? If I find the job while I am in surplus, can I take it?

If you believe you have a suitable alternative job available, you could choose option A of ETP Article 6.4.1 and pursue the employment opportunity with surplus priority status. However, you should be cautious about any informal or verbal commitment and seek appropriate counselling before making your decision. The employer is obligated to provide counselling under the provisions of the ETP.  

How is the amount of my transitional support measure calculated? Is it in addition to severance?

In the ETP - Appendix B of your collective agreement in subsection Annex A, you will find the years of service calculations for the amount of the transitional support measure (TSM).   

Article 62 - Severance Pay of your collective agreement provides a calculation of severance in the event of layoff and is additional to the TSM.   

You are also entitled to a payout of any vacation balance outstanding in your account, prorated to the month of your termination.  

When will I receive my transitional support measure?

The TSM is issued no sooner than the effective date of the employee’s notice of resignation and can be paid in one or two lump sums over a maximum two-year period. See Article 6.4.1b) of the ETP. 

What can I use an education allowance for?

The collective agreement does not limit the tuition reimbursement to specific institutions or types of study. There are no limits on what you can study as long as it’s a program at a recognized educational institution, such as a college or university. It can also be used for multiple programs. You must provide receipts to be reimbursed.

Alternation

Whether you’re an affected employee exploring your options or a non-affected employee considering leaving the public service, learn more about who’s eligible, how to find a match, what benefits are available, and what to do if your request is denied or delayed. 

Eligibility

What is alternation?

Alternation is a powerful tool to reduce involuntary layoffs and provide flexible options for both affected and non-affected employees. It is a negotiated process under the Employment Transition Policy (ETP) that allows affected indeterminate employees who have been declared surplus or made opting to exchange positions with non-affected indeterminate employees who voluntarily want to leave the Canadian Food Inspection Agency.  

Who can alternate?

Alternations can take place between qualified candidates working at the Canada Food Inspection Agency.  

Opting employees have 120 days to decide on one of three options, or to alternate with a non-affected employee. Employees who are in the 12-month surplus priority period under Option A can also alternate with non-affected employees.  

An alternation may occur between employees in the same group and level, or when the positions are considered equivalent. The affected employee must meet the qualifications for the position they want to alternate into, including language requirements.  

How can alternation help me?

Alternation works as a job-saving strategy by allowing an affected employee to remain employed while enabling a non-affected employee to leave with the benefits outlined under Option B or C.  

Does the Canadian Food Inspection Agency participate in alternation?  

Yes. Under Article  6.3 of the ETP, the CFIA must participate. However, alternation can only occur between employees at the Canadian Food Inspection Agency.  

What is considered an equivalent position?  

Two positions are equivalent if they are at the same group and level or if the higher-paid position’s maximum salary is no more than 6% higher than the lower paid position. (See Article 6.3.7 of the ETP.)  

How long do I have access to alternation?  

Opting employees may pursue alternation during their 120-day opting period. Those who choose Option A (12-month surplus status) may also pursue alternation until the end of their surplus period, or until they accept a reasonable job offer.  

Matching

How can I find a match?

If you are an opting or surplus employee looking to alternate, or if you are a non-affected employee who wants to leave the public service, you should:   

• Advise your manager in writing that you are interested in alternation.  

• Request in writing that your employer provide details about the current alternation process and how they will support your search for a match.  

• Connect with other eligible employees who are interested in alternation. 

Is there a deadline to submit my interest in alternation?  

Non-affected employees can express interest in alternation at any time.   

What if I change my mind after putting my name forward for alternation?  

You can withdraw your request at any time prior to exchanging positions.  

What are the requirements for alternation?  

A successful alternation must:  

• Permanently eliminate the surplus employee’s position;  

• Involve an affected employee who meets all qualifications and language requirements;  

• Occur on the same day for both employees;  

• Not involve a “domino” effect (a series of exchanges between more than two positions), meaning you can’t alternate with someone who then alternates with someone else, or “future considerations” (an exchange at a later date).  

What are some best practices for finding a successful match?

To improve your chances of finding a successful match:  

• Contact multiple potential alternates. Not all matches will work out.  

• Advise your manager in writing of your interest in alternation.   

• Keep track of all potential matches and correspondence.  

• Request in writing how your employer plans to assist with the process.  

• If a conversation happens by phone, request an email follow-up.  

• Save all emails in a secure, accessible location — even after leaving the government.  

• Be assertive and follow up on timelines.  

• Keep your union representative informed and report any attempts by management to change job requirements to block alternation.  

• Connect with other eligible employees who are interested in alternation. 

What do I need to do once I find a potential match? 

Once a match is identified, both employees should notify their manager and local union representative in writing and include the following:  

• The name of the other employee.  

• Ask your manager/HR officer to meet their obligations under Article 6.3 of the WFAA, and to contact their counterpart (i.e., the other employee’s manager/HR officer).  

• A short response deadline (2–3 days) to avoid delays. Time is limited because the best time to alternate is during the 120 opting period.  

What if I can’t find a match? 

If no match is found within the 120-day opting period, you must decide:  

• If you choose Option A, you can continue searching during the 12-month surplus period. In this case, the non-affected employee will receive a transition support measure benefit that is reduced by the amount you have received while in surplus priority status.  

• If you choose Option B or C, you are no longer eligible to alternate.  

Rights and protections

What are the options for employees without a reasonable job offer?

If an employee is declared surplus and does not receive a guarantee of a reasonable job offer, they become an opting employee and must choose one of the following three options within 120 days:  

• A. Surplus with priority status for 12 months: During this period, the Agency  is required to try to find them a job. If they don’t receive a job equivalent to their old job within that period, they will be laid off.  

• B. Transition support measure: Employees receive a cash payment based on their years of service (as outlined in Annex A of the ETP) but must resign without priority rights.  

• C. Education allowance: Employees receive the transition support measure payment, along with up to $17,000 for reimbursement of receipted educational expenses. They may either resign immediately or take leave without pay for two years allowing access to self-funded benefits while they attend school and then resign.  

All opting employees are entitled to up to $1,200 for counselling services to support their potential re-employment or retirement. These services may include financial counselling and job placement assistance.  

What are the benefits for alternates who leave the Canada Food Inspection Agency?  

Employees who alternate to leave the Canada Food Inspection Agency  are entitled to either Option B or Option C under Article 6.4.1 of the ETP:  

• Option B – Transition support measure: A lump-sum payment based on years of service (as outlined in Annex A of the ETP).   

• Option C (i) – Education allowance: The same transition support measure, plus up to $17,000 for reimbursement of receipted educational expenses. Employees who alternate to leave the agency  must resign and are not entitled to leave without pay, as outlined in C (ii).  

If an affected employee alternates during their 12-month surplus priority period, the non-affected employee will receive a transition support measure benefit that is reduced by the amount already paid to the employee during the surplus priority period.  

Is the alternate entitled to the full transition support measure?  

Yes, if the alternation happens during the opting employee’s 120-day period. If it happens during the surplus period, the benefit is reduced by one week for each completed week after surplus status began. (See Article 6.3.3(b) of the ETP).  

Can my employer refuse an alternation?  

 Alternation is a contractual obligation under the collective agreement. Managers can only refuse a request if they can demonstrate that the match won’t retain the necessary skills required to meet operational needs, and retraining couldn't address the perceived skill gap.  

What are invalid reasons to refuse an alternation?  

Alternations should not be denied because:  

• The alternate’s branch doesn’t want to participate  

• The surplus employee is not a "perfect match” — some training is always required  

• The Agency isn’t meeting their obligations to assess an alternation in a timely manner   

• The language requirements of the job may change in the future  

• The Agency has future reorganization plans  

For example, a manager cannot deny alternation simply because they were planning to leave a position vacant after an employee’s future retirement — unless the employee has already provided formal notice.  

What should I do if I suspect unfair denial or delays?  

If you think your alternation request is being delayed or denied without proper justification, here are steps you can take to protect yourself:  

• Keep detailed written records of all conversations  

• Always ask for email follow-ups after verbal discussions  

• Stay in contact with your union representative throughout the process and discuss the possibility of filing a grievance, if necessary  

What can the union do if the employer is denying or ignoring requests?  

The union can take action to support you and uphold your rights during the alternation process, including:  

• Raise issues at joint WFA committees or union-management consultation committees  

• Provide advice and support to employees navigating the process  

• Assist you in filing a grievance due to improper denials or delays  

• File policy grievances if the alternation problems extend to other employees  

Has the union filed grievances on alternation in the past?  

Yes. During the 2012–2014 Deficit Reduction Action Program (DRAP) carried out by Stephen Harper’s government, many alternations were denied because managers deliberately ignored the alternation request, security clearances took too long and exceeded the time limits for the alternation, or managers changed the requirements of a position to create barriers to a proposed alternation.   

In response, the PSAC and many of its members grieved these management obstacles and won. The remedy for the PSAC alternation grievance forced the employer to reinstate workers in the workplace and forced managers to revisit alternation situations, some of which led to successful outcomes for members who were incorrectly denied alternation opportunities.  

The PSAC policy grievance decision was significant in clarifying key employee rights in the alternation process.   

Do I qualify for salary protection if I alternated with someone whose salary was 6% lower?

No. Salary protection only applies to members moved into lower-level positions and not equivalent positions, which is the case with an alternation.  

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