Article 44 - Regional disparities

SECTION I DEFINITIONS

For the purposes of this Article, these definitions are used:

A. Dependant:

The spouse or dependent child as defined in Article 1 and any other dependant within the meaning of the Income Tax Act (CQLR, c. 1-3) providing that the latter resides with the employee.

For the purposes of this Article, however, employment income earned by the employee’s spouse does not deprive the spouse of their status as a dependant.

Similarly, the fact that a child attends a high school recognized as being in the public interest in a location other than the employee’s place of residence does not deprive the child of their status as a dependant if no public high school is accessible in the locality where the employee resides.

Similarly, the fact that a child attends a pre-school or elementary school recognized as being in the public interest in a location other than the employee’s place of residence does not deprive the child of their status as a dependant if no pre-school or elementary school recognized as being in the public interest operating in the child’s language of instruction (English or French) is accessible in the locality where the employee resides.

A child aged twenty-five (25) years or less who meets the following three (3) criteria is also considered to have the status of dependent child:

1) on a full-time basis, the child attends a post-secondary school recognized as being in the public interest in a location other than the place of residence of the employee working in a locality in sectors III, IV and V, excluding the localities of Parent, Sanmaur and Clova, or working in the locality of Fermont;

2) in the twelve (12) months preceding the start of the child’s program of post-secondary studies, the child had the status of dependant in accordance with the definition of dependant provided in this Article;

3) the employee has provided supporting documents attesting that the child is pursuing a program of post-secondary studies on a full-time basis, that is, proof of enrolment at the start of the session and proof of attendance at the end of the session.

Recognition of the status of dependant as defined in the preceding paragraph enables the employee to keep their isolation and remoteness premium at the same level and allows the dependent child to benefit from the provisions on trips out.

However, travel allowances allocated to the dependent child under other programs are deducted from the benefits related to trips out, for this dependent child.

In addition, a child aged twenty-five (25) years or less who is not considered to be a dependant for the purposes of applying Section 1-A and who attends on a full-time basis a post-secondary school recognized as being in the public interest will regain the status of dependant if they meet the above-mentioned conditions 1) and 3).

Point of departure:

Domicile in the legal sense of the term at the time of hiring, insofar as the domicile is located in a locality in Québec. The said point of departure may be changed by agreement between the Employer and the employee providing that it is located in a Québec locality.

For an employee already covered by this Appendix, the fact that they change employers does not alter their point of departure.

B. Sectors:

Sector V

The localities of Tasiujak, Ivujivik, Kangiqsualujjuaq, Aupaluk, Quaqtaq, Akulivik, Kangiqsujuaq, Kangirsuk, Salluit, Tarpangajuk and Umiujaq.

Sector IV

The localities of Wemindji, Eastmain, Waskaganish, Nemaska (Nemiscau), Inukjuak, Puvirnituq, Kuujjuaq, Kuujjuarapik, Whapmagoostui, Schefferville and Kawawachikamach.

Sector III

- The territory north of the 51st parallel, including Mistissini, Chisasibi, OujéBougoumou, Radisson and Waswanipi, with the exception of Fermont and the localities specified in Sectors IV and V;
- the localities of Parent, Sanmaur and Clova;
- the territory of the Côte-Nord, from Havre Saint-Pierre east to the Labrador border, including Anticosti Island.

Sector II

- The municipality of Fermont;
- the territory of the Côte-Nord east of the Moisie River and extending as far as Havre Saint-Pierre inclusively;
- the Îles-de-la-Madeleine.

Sector I

The localities of Chibougamau, Chapais, Matagami, Joutel, Lebel-sur-Quévillon, Témiscamingue and Ville-Marie.

SECTION II AMOUNT OF PREMIUMS

A. Employees working in one of the above-mentioned sectors receive an annual isolation and remoteness premium of:

With dependant(s)

Sector V: 23,426 / 24,082 / 24,708 / 25,326 / 26,212

Sector IV: 19,856 / 20,412 / 20,943 / 21,467 / 22,218

Sector III: 15,267 / 15,694 / 16,102 / 16,505 / 17,083

Sector II: 12,137 / 12,477 / 12,801 / 13,121 / 13,580

Sector I: 9,813 / 10,088 / 10,350 / 10,609 / 10,980

Without dependant(s)

Sector V: 13,288 / 13,660 / 14,015 / 14,365 / 14,868

Sector IV: 11,265 / 11,580 / 11,881 / 12,178 / 12,604

Sector III: 9,544 / 9,811 / 10,066 / 10,318 / 10,679

Sector II: 8,089 / 8,315 / 8,531 / 8,744 / 9,050

Sector I: 6,860 / 7,052 / 7,235 / 7,416 / 7,676

B.

Part-time employees and employees who do not hold positions working in one of these sectors receive this premium prorated to the hours paid to them.

C.

The amount of the isolation and remoteness premium is prorated to the length of an employee's posting in the Employer’s territory included in any of the sectors described in Section I.

D. 

Subject to Section II-C, the Employer ceases to pay the isolation and remoteness premium provided for in this section if an employee and their dependants deliberately leave the territory during a paid absence or leave of more than thirty (30) days. The isolation and remoteness premium is maintained as if the employee were at work, however, during absences for annual vacation, statutory holidays, sick leave, maternity leave, paternity leave, adoption leave, protective leave or a work-related accident or occupational disease.

Employees who avail themselves of the provisions on leave with deferred pay may, at their request, defer payment of the isolation and remoteness premium on the same conditions as are agreed upon for salary.

E.

In the event that both spouses work for the same employer or for two (2) different employers in the public and parapublic sectors, only one (1) of the spouses is entitled to the premium applicable to an employee with dependants, if there are one (1) or more dependants other than the spouse. If there is no dependant other than the spouse, each is entitled to the premium applicable to employees without dependants, notwithstanding the definition of the term “dependant” in Section I of this Article.

F.

Employees on maternity, paternity or adoption leave who stay within the territory during their leave continue to be entitled to the benefits provided herein in this clause.

SECTION III – OTHER BENEFITS

A.

The Employer pays the following expenses for any employees recruited from within Québec more than fifty (50) kilometres from the locality in which they are called upon to perform their duties, providing that the locality is situated in one of the sectors described in Section I:

• The cost of transportation for the relocated employee and their dependants;
• The cost of transporting their personal effects and those of their dependants up to:
  • 228 kg for each adult and each child aged twelve (12) years or over;
  • 137 kg for each child under twelve (12) years of age;
• The cost of transporting the employee’s furniture (including everyday utensils), if applicable, other than that provided by the Employer;
• The cost of transporting a motor vehicle, if applicable, by road, boat or train;
• The cost of storing the employee's furniture and personal effects, if applicable.

B.

Employees are not entitled to reimbursement of these expenses if they breach their contract by resigning from the position to go and work for another employer before the sixty-first (61st) calendar day of their stay in the territory, unless the Union and the Employer agree otherwise.

C.

If employees who are eligible for the provisions of Section III A 2), 3) and 4) decide not to make immediate use of some or all of these provisions, they continue to be eligible to use them in the two (2) years following the date on which their assignment begins.

D.

These expenses are payable, providing that the employee does not have them reimbursed by another plan such as the federal workforce mobility plan, and providing that the employee’s spouse has not received an equivalent benefit from their Employer or from another source, and only in the following cases:

• At the time of an employee’s first posting;
• At the time of a subsequent posting or transfer at the request of the Employer or the employee;
• When the contract is breached or the employee resigns or dies: in the case of Sectors I and II, however, the reimbursement is prorated to the time worked in relation to a reference period set at one (1) year, except in the case of the employee’s death;
• When an employee obtains educational leave: in this case, the expenses stipulated in Section III A are also payable to an employee whose point of departure is up to fifty (50) km away from the locality where they work.

E.

For the purposes of this section, these expenses are borne by the Employer between the employee’s point of departure and the locality where they are posted, and are reimbursed upon presentation of receipts or supporting documents.

In the case of employees recruited from outside Québec, these expenses are borne by the Employer, without exceeding an amount equal to the costs of travelling between Montréal and the locality where the employees are assigned to perform their duties.

If both spouses as defined in Article 1 work for the same employer, only one (1) of them is entitled to the benefits conferred by this section. If one (1) of the spouses has received equivalent benefits from another employer or another source for this move, the Employer is not required to make any reimbursement.

F.

The weight of 228 kilograms stipulated in Section III A-2) is increased by 45 kilograms for each year of service with the Employer in the territory, up to a maximum of 90 kilograms. This provision covers the employee only.

SECTION IV – TRIPS OUT

A.

The expenses inherent in the following trips out for employees and their dependants are directly paid by the Employer or reimbursed to employees recruited from more than fifty (50) kilometres away from the locality in which they work:

• For localities in Sector III except those listed in the following paragraph; for localities in Sectors IV and V, and the locality of Fermont: four (4) trips out per year for an employee without dependants and three (3) trips out per year for an employee with dependants;
• For the localities of Clova, Havre Saint-Pierre, Parent, Sanmaur and the Îles-de-la-Madeleine: one (1) trip out per year.

Employees from localities located more than fifty (50) kilometres from the place of their posting who were recruited locally and who have obtained the right to trips out because they are living as if they were married with a spouse working in the public sector continue to be entitled to trips out under this Article even if they lose their status of spouse as defined in Article 1.

The fact that an employee's spouse works for the Employer or for another employer in the public or parapublic sectors does not entitle an employee to a greater number of trips out paid for by the Employer than the number provided for in the collective agreement.

In the case of trips out granted to employees with dependants, it is not necessary for the trip out to be taken at the same time by all of the individuals entitled to it. The effect of this, however, must not be to grant employees or their dependants more Employer-paid trips out than the number provided for in the collective agreement.

These expenses are paid directly or reimbursed upon presentation of receipts or supporting documents for the employee and their dependants, up to the cost of return air fare for each between the locality to which the employee is posted and the departure point located in Québec, or as far as Montréal.

In the case of employees recruited from outside Québec, these expenses must not exceed the lesser of the following two amounts:

• Either the equivalent of return air fare (regular flights) from the locality where the employee is posted to their place of residence at the time of hiring;
• Or the equivalent of return air fare (regular flights) from the locality where the employee is posted to Montréal.

B.

In the cases stipulated in Section IV A-1) and A-2), one (1) trip out may be used by a non-resident spouse, a non-resident relative or a friend to visit an employee living in one of the areas listed in Section I B.

C.

The Union and the Employer may reach an agreement on the distribution and arrangement of the trips out provided under Section IV A, including the adjustment of trips out in the event of a delay in transportation not attributable to the employee.

D.

If an employee or one of their dependants has to be evacuated on an emergency basis from a work location in one of the localities stipulated in Section IV A because of illness, accident or pregnancy complications, the Employer pays the cost of return air travel. The employee must prove the need for the evacuation. An attestation from the nurse or physician at the location or, if this cannot be obtained locally, a medical certificate from the attending physician is accepted as proof.

The Employer also pays the cost of return air travel for the person who accompanies the person evacuated from the work location.

E.

The Employer gives permission for an absence without pay to an employee when one of their dependants must be evacuated on an emergency basis under Section IV C so that the employee can accompany the evacuee.

Subject to an agreement with the Employer on the rules for recouping it, an employee covered by the provisions of Section IV A may take a maximum of one (1) trip out in advance in the event of the death of a close relative living outside the locality where they work. For the purposes of this Article, a close relative is defined as a spouse, child, father, mother, brother, sister, father-in-law, mother-in-law, son-in-law or daughter-in-law. In no case, however, can such a trip out taken in advance give the employee or their dependants more trips out than the number to which they are entitled.

F.

Every year, employees who are eligible for reimbursement of costs incurred for trips out are entitled, on March 1, to annual compensation equal to fifty per cent (50%) of expenses incurred for the third (3rd) and fourth (4th) trips out during the previous calendar year. This annual compensation is added to the employee’s pay in the pay period that includes March 1.

SECTION V – REIMBURSEMENT OF EXPENSES INCURRED IN TRANSIT

The Employer reimburses employees for expenses incurred in transit (meals, taxis and lodging, if necessary) for themselves and their dependants, at the time of hiring and for any prescribed trip out, providing that these expenses are not borne by a carrier.

Such expenses are limited to the amounts stipulated in the relevant provisions of the collective agreement.

SECTION VI – DEATH OF AN EMPLOYEE

In the event of the death of an employee or any of their dependants, the Employer pays transportation costs for repatriating the mortal remains. In addition, in the event of an employee’s death, the Employer reimburses dependants for expenses incurred for return travel between the locality of the employee's posting and a place of burial in Québec.

SECTION VII – TRANSPORTATION OF FOOD

Employees who cannot provide for their own food supplies in Sectors V and IV in the localities of Chisasibi, Radisson, Mistissini, Waswanipi and Oujé-Bougoumou, because there are no sources of supplies in their locality, are entitled to payment of the cost of transporting food, for up to the following quantities:

• 727 kg per year per adult and per child aged twelve (12) years or more;
• 364 kg per year per child under twelve (12).

This benefit is provided in one of the following ways:

• either the Employer takes charge of transporting the food from the most accessible or most economical source of supply as far as transportation is concerned and pays the cost directly;
• or the Employer pays employees an allowance equal to the cost that would have been incurred under the first formula.

Employees who are entitled to reimbursement of transportation costs for food are entitled annually on March 1 of each year to an additional allowance equal to sixty-six per cent (66%) of the cost incurred for the transportation of food for the preceding calendar year.

SECTION VIII – VEHICLE AT AN EMPLOYEE’S DISPOSAL

In all localities in which private vehicles are forbidden, local arrangements may be made to place vehicles at the disposal of employees.

SECTION IX – HOUSING

A.

The obligations and practices associated with the Employer supplying the employee with housing at the time of hiring are only maintained in the localities where they already exist.

B.

The rents charged to employees who are entitled to housing in Sectors V, IV and III and in Fermont are maintained at their December 31, 1988 rate.

At the Union’s request, the Employer explains the grounds on which housing is allocated. Similarly, at the Union’s request, the Employer informs the Union of the maintenance measures that exist.

SECTION X – RETENTION PREMIUM

Employees who work in Sept-Îles (including Clarke City) or Port-Cartier receive a retention premium equal to eight per cent (8%) of their annual salary.

SECTION XI – SPECIAL PROVISION

The following provision applies to the Schefferville service point of the Hématite Health and Social Services Centre.

PERSONAL LEAVE

The second (2nd) paragraph of clause 24.01 of the collective agreement is modified as follows: For the deaths mentioned in this clause, an employee is entitled to the travel time normally required for the trip if the funeral takes place outside the sector concerned.

SECTION XII – PROVISIONS OF PREVIOUS COLLECTIVE AGREEMENTS

The Employer agrees to renew the agreements on trips out for employees hired from less than fifty (50) kilometres away from Schefferville and Fermont for all employees entitled to them on December 31, 1988.