Type of claim

You incurred costs or lost investment income as a result of issues attributed to the Phoenix pay system for which you have not already submitted a claim.

What you can claim

You can claim lost investment income during the period in which you were unpaid. The amount you can claim cannot be greater than the amount of your missed net pay. In other words, if your net missing pay was for $2,000 but you cashed in a Guaranteed Investment Certificate that was for $5,000, we would refund the lost interest only on $2,000.

We realize that you may not be in a position to figure out the exact amount that you can claim. We can assist you and provide the breakdown to you.

You may claim interest if your pay, severance pay or pension payment was delayed beyond what would be normal established processing times:

• Severance payments should be processed within thirty (30) days of receipt of the severance pay annex by the Public Service Pay Centre
• Pension payments should be processed within one hundred and twenty (120) days of the date the application is approved by the Government of Canada Pension Centre, or within forty-five (45) days of receipt of all required documents by the Pension Centre, whichever is later

The interest will be calculated at the average Bank of Canada discount rate from the previous month plus 3% from the date the payment should have been made to the date the payment was issued. You may want to consult the interest rate table to estimate how much you could claim. Since 2016, the interest rate has varied between 3.75% and 5.00%.

Note that there is also an out-of-pocket claims process for all employees who incurred additional expenses because of Phoenix pay problems.

The threshold of $1,500 applies to these claims.

Example 1: interest on late payment

Daniel, a CS-05, filed his retirement paperwork on May 1, 2016 , and expected his net severance payment (after source deductions) of about $50,000 by June 1, 2016 .

Because the severance pay was paid only on March 31, 2017 , ten months later, Daniel may be entitled to compensation: he can file a claim for interest on the late payment.

The amount of compensation Daniel is entitled to is calculated using the average Bank of Canada discount rate from the previous month plus 3% and is based on ten months where the time to issue the payment exceeded the normal established processing timelines. The eligible compensation is $1,562.50.

Is Daniel eligible to file this type of claims? Yes!

1. As a CS-05, he was a member of PIPSC.
2. His severance was paid much later than the normal 30-day processing time.
3. His compensation for financial loss is greater than the $1,500- threshold required for this type of claim. 

What you’ll need to provide

You will need to submit Annex A of the claims form, and provide documented evidence of (as applicable):

• lost investment income, which could include:
  • price of the investment instrument (that is, stock) on the day you received your missing pay
  • interest rate of the interest-earning financial instrument that was disposed of
  • dividends that would have been earned on the dividend-earning financial instrument that was disposed of
• costs claimed, which could include:
  • financial statements (bank, line of credit, credit card)
  • loan agreements
  • invoices from financial or other service providers
• disrupted pay (for example, pay stubs)

Additional documentation (as applicable):

• account statements or trade summaries
• your latest income tax Notice of Assessment or Reassessment for the year in which you withdrew early from your RRSP
• pay stub showing receipt of missing amount if full or partial payment has been received
• if retired, documented evidence of retirement date

If you are claiming financial cost or lost investment income only you may choose to submit your claim directly to your departmental claims officer, or to the officer in the last organization where you worked. If you choose this option, you must

• gather all required supporting documentation
• download and complete the Claim Form for Compensation for Financial Damages Caused by the Phoenix Pay System (PDF)
• submit your claim to the appropriate departmental claims officer

Type of claim

You used paid or unpaid leave due to illness* stemming from issues with your pay attributed to the Phoenix pay system.

* If you received compensation for damages through another settlement, such as through a grievance or complaint stemming from a claim for workplace injury benefits your reimbursement may be reduced by the amount of compensation you already received.

What you can claim

• For current employees: claims for re-credit of paid leave or compensation for unpaid leave taken due to an illness stemming from issues with the employee’s pay attributed to the Phoenix pay system 
• For former employees: claims for compensation for paid (except sick leave) or unpaid leave taken due to an illness stemming from issues with the employee's pay issues attributed to the Phoenix pay system
• The threshold of $1,500 does not apply to these claims.

What you’ll need to provide:

You will need to submit Annex B of the claims form, and provide documented evidence (as applicable) that:

• demonstrates that you were on leave specifically due to Phoenix pay issues and the dates of the leave (that is, medical certificate, manager’s attestation or personal attestation* if neither a medical certificate nor manager’s attestation can be obtained)
• supports the dates and category of the leave taken (pay file, pay action requests, emails)
  *subject to additional verification

Type of claim

You began disability, maternity or parental leave between February 1, 2016 and March 31, 2020, experienced pay issues, and did not have access to or were denied an emergency salary advance or priority payment.

What you can claim

• Claims for employees who went on maternity, parental, or disability leave
  • between February 1, 2016 and March 31, 2020
  • who experienced pay issues related to their leave, and
  • who did not have access to or were denied an emergency salary advance or priority payment
• You can claim monetary compensation and reimbursement of related expenses.
• The threshold of $1,500 does not apply to these claims.

What you’ll need to provide

You will need to submit Annex C of the claims form, and provide, as applicable:

• pay stubs and documents (forms, letters etc.) related to the application process for employment insurance and disability insurance
• documented evidence of your request for emergency salary advance or priority payment
• documented evidence of being denied emergency salary advance or priority payment

Type of claim

You believe you were discriminated against based on grounds protected from discrimination under the Canadian Human Rights Act as a result of your Phoenix pay issues.

What you can claim

• Claims alleging a discriminatory practice as defined under the Canadian Human Rights Act (CHRA) due to Phoenix pay issues, including but not limited to issues related to maternity, parental or disability leave.
• You can claim monetary compensation and reimbursement of related expenses.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex D of the claims form, and provide (as applicable):

• documented evidence to establish a case of discrimination—this can include pay file, pay action requests, emails, records of discussions or any other applicable documents

• evidence of pain and suffering to help in measuring the impact of the discrimination. This can include:
  • medical certificates
  • emails to manager
  • a personal attestation
  • sick leave records
  • any other applicable documents
• You must demonstrate that:
  1. you have a characteristic protected from discrimination under the CHRA, for example, sex, disability, or family status
  2. you experienced an adverse impact due to an issue with your pay stemming from the Phoenix pay system
  3. the protected characteristic was a factor in the adverse impact

Type of claim

You suffered consequences related to lost occupational capacity (impacts to your career) as a result of issues directly attributable, in whole or in part, to your Phoenix pay issues. You:

• temporarily or permanently vacated your substantive position, or
• temporarily or permanently vacated your substantive position and were placed in an alternate position

Lost occupational capacity is defined as the loss of a person’s position or profession due to events directly attributable in whole or in part to the Phoenix pay system, and the employee can no longer meet the requirements of their position.

What you can claim

• Claims with respect to consequences for employees who temporarily or permanently vacated their substantive position or who temporarily or permanently vacated their substantive position and were placed in an alternate position, as a result of issues directly attributable, in whole or in part, to the Phoenix pay system.
• You can claim compensation for any difference in base salary between your original position and the alternate position.
• You can also claim for the reimbursement of related expenses.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex E of the claims form, and provide documented evidence (as applicable) showing that:

• pay issues resulted in the change in position, which can include:
  • emails
  • medical certificates
  • records of discussions from human resources or a manager and with any other stakeholder from the date(s) of the pay issues attributed to the Phoenix pay system to the date of vacating the substantive position and date of placement in alternate position

Type of claim

You suffered consequences related to the loss of your security clearance as a result of issues that were directly attributable, in whole or in part, to your Phoenix pay issues

What you can claim

• Claims with respect to the consequences of a loss of security clearance as a result of pay issues directly attributable, in whole or in part, to the employee's Phoenix pay issues.
• You can claim for reimbursement of relevant expenses.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex F of the claims form, and provide documented evidence of:

• loss of security clearance due to Phoenix pay issues, which can include
  • security screening documents
  • briefing documents

Documentation to demonstrate:

• the consequences of the loss of security clearance, which can include emails and records of discussions from:
  • managers
  • human resources
  • security officers conducting the security clearance evaluation
  • any other stakeholder

These records should be from the date(s) of pay issues to the date of loss of security clearance.

Type of claim

You suffered consequences related to a bankruptcy as a result of issues directly attributable, in whole or in part, to your Phoenix pay issues

What you can claim

• Claims with respect to the consequences of a bankruptcy as a result of issues directly attributable, in whole or in part, to the employee’s Phoenix pay issues. The employee must clearly demonstrate how their Phoenix pay issues directly resulted in their bankruptcy.
• You can claim for reimbursement of relevant expenses.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex G of the claims form, and provide (as applicable):

• documented evidence that pay issues caused the bankruptcy
• the maximum number of monthly credit rating history your financial institution can provide
• bankruptcy records from your bankruptcy trustee
• documents related to the bankruptcy fees you incurred
• a record of communication as to what protections were provided by your financial institution relating to your bankruptcy

Type of claim

You suffered consequences of a significant credit rating impact as a result of issues directly attributable, in whole or in part, to your Phoenix pay issues

What you can claim

• Claims with respect to the consequences of a significant credit rating impact as a result of issues directly attributable, in whole or in part, to the employee’s Phoenix pay issues.  
• You can claim for reimbursement of relevant expenses.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex H of the claims form, and provide (as applicable):

• documented evidence that pay issues caused the change to your credit rating
• documents from a financial institution showing your monthly credit rating for the 24 months prior to your pay issue(s) and for the 24 months following
• record(s) of communication as to what, if any, protection was provided by your financial institution relating your credit rating
• documents showing this credit rating impact on your borrowing rate of interest (chronology of events, dates, interest rate(s))
•  documents providing evidence as to the financial impact of this change

Note: if you were charged fees for the preparation of your credit rating analysis, please include evidence of payment in your claim documentation. If the institution imposes a charge to prepare the rating analysis and your claim is accepted, the charge imposed by the institution to prepare the analysis will be reimbursed.

Type of claim

You resigned from the public service because of financial hardship resulting from a loss of income due to issues attributable to the Phoenix pay system

What you can claim

• Claims for lost income and out of pocket expenses incurred by employees who resigned from the public service after having been appointed to a term of more than three months or indeterminate position.
• The resignation must be as a consequence of a loss of income leading to financial hardship* caused by the Phoenix pay issues.
  
  • * Financial hardship refers to financial suffering or lack of what is needed for basic living requirements, such as food, clothing, shelter, medical expenses, and other essentials.
• The threshold of $1,500 applies to these claims.

Additional eligibility

To be eligible to submit a claim, employees must have been:

• actively looking for employment and available to work after their resignation or
• re-employed in a position with a lower salary rate in an organization not subject to the Phoenix pay system (private or public sector)

What you’ll need to provide

You will need to submit Annex I of the claims form and provide documentation (as applicable) that demonstrates that the resignation was directly attributable to loss of income leading to financial hardship

Documentation can include:

• emails
• records of discussions from
  • managers
  • human resources
  • any other stakeholder from the date(s) of your pay issues to the date of your resignation

Documentation must include:

• an explanation of pay issues
• proof of hire with date in public service
• proof of resignation with date
• proof of request for Employment Insurance and payment received from Employment Insurance (if applicable)
• proof of hire in an organization not subject to the Phoenix pay system
• proof of salary rate on date of hire and duration of employment
• proof of financial hardship - documents demonstrating financial hardship could include, but are not limited to:
  • mortgage statement
  • lease or rental agreement
  • property tax assessment and/or condo fees
  • loan statements
  • utility statements
  • bank statements (most recent three months)
  • investment statements
  • credit card statements
  • insurance (for example, auto, home, life) statements

Type of claim

You suffered mental anguish or trauma caused in whole or in part by pay issues attributed to the Phoenix pay system, which interfered with your ability, to a profound degree, to lead a normal life.

Examples of mental anguish or trauma:

• You developed a severe and lasting mental illness, such as depression
• You attempted suicide
• You were hospitalized for an extended period
• You took medical retirement
• You became homeless

What you can claim

• Claims in respect of mental anguish or trauma*, which interfered with the ability of the employee, to a profound degree, to lead a normal life, caused in whole or in part by the Phoenix pay system.
  • *To demonstrate mental anguish or trauma the employee must show that they suffered a prolonged and serious disturbance that goes beyond the normal distress, annoyance, and anxiety suffered in the circumstances.
• You can claim monetary compensation and reimbursement of relevant expenses.
• The threshold of $1,500 applies to these claims. The threshold will be applied once the claim is assessed and resulting damages are calculated. If the claim does not meet the threshold, the calculation will be explained to the claimant.

What you’ll need to provide

You will need to submit Annex J of the claims form, and provide documentation (as applicable):

• showing a chronology of events, with dates, that led to your mental anguish or trauma which demonstrate how your pay issues related to the Phoenix Pay System interfered to a profound degree with your ability to lead a normal life
• evidence of your mental anguish, for example:
•  A diagnostic from a health care professional is required for a mental illness or mental health disorder, medical certificates
• Documentation may also include emails to manager, personal attestation, sick leave records and any other applicable documents

Type of claim

You experienced personal and financial hardships similar to, but other than, those previously listed, which

• resulted in comparable personal hardship or impact as a result of issues directly attributable to the Phoenix pay system, and
• are not covered under the types of claims already listed.

What you can claim

• Claims with respect to other damages similar to but other than those previously listed which resulted in comparable personal hardship or impact caused by Phoenix pay issues.
• The threshold of $1,500 applies to these claims.

What you’ll need to provide

You will need to submit Annex K of the claims form, and provide documentation that shows:

• a chronology of events (emails, records of discussions with human resources or managers and any other stakeholder, financial documents, medical evidence) from the date(s) of pay issues and the date of the damage encountered
• a correlation between your Phoenix pay issues and “other damage” that is fully supported by timelines, amounts and documents

The personal information requested in this form is collected under the authority of the Financial Administration Act. The information submitted via this form will be combined with pay information in a database of pay information held within the Treasury Board of Canada Secretariat (TBS) in order to:

• determine eligibility
• assess your payment amount in accordance with the Damages Agreement

Refusal to provide the requested personal information will result in TBS not being able to process the claim. The information you provide will be validated against a database of pay information held within TBS in order to:

• confirm eligibility
• calculate recommended payments based on claim information

If your claim is accepted and a payment is issued to you, your Social Insurance Number (SIN) will be obtained from the Public Services and Procurement Canada (PSPC) database of pay information in order to issue you a T4 and/or RL-1 tax slip and will be shared with Canada Revenue Agency and/or Revenu Québec for income tax purposes. The Personal information you provide is being collected by the TBS Claims Office and may be shared with PSPC and the last federal organization of employment for that organization to issue payment. Personal information will be protected, used and disclosed in accordance with the Privacy Act and as described in Personal Information Bank TBS PCE 742 (Claims and Compensation for damages related to the Phoenix Pay System) and in Personal Information Bank PSU 931 (Accounts Payable). Your information may also be used or disclosed for financial reporting and program evaluation. Under the Privacy Act, individuals have a right to access and correct their personal information. If you wish to avail yourself of these rights or require clarification about this privacy notice statement, please contact the TBS Access to Information and Privacy Coordinator by email at atip.aiprp@tbs-sct.gc.ca. If you are not satisfied with the response to your privacy concern, you may wish to communicate with the Office of the Privacy Commissioner by telephone at 1-800-282-1376 or by email at info@priv.gc.ca.