Agreement between The National Police Federation (NPF) (“The Bargaining Agent”) And The Treasury Board of Canada (“The Employer”)

General principles

1. The objective of this agreement is to compensate reservists of the Royal Canadian Mounted Police (RCMP) in the NPF bargaining unit (“reservists”) who have been harmed by the Phoenix Pay System.
2. For greater certainty, this agreement does not apply to members of the class action as certified by the Québec Superior Court in Bouchard c. Procureur Général du Canada (200‑06‑000214‑174), or to others that may be added by the court.
3. The parties agree to the following plan for the compensation of damages to reservists who have suffered financial and non‑financial damages due to issues with their pay caused by the Phoenix Pay System. The process has been designed to provide compensation to all affected reservists expeditiously.
4. The agreement covers damages for reservists who were paid out of the Phoenix Pay System in fiscal years 2016/17, 2017/18 and/or 2018/19.
5. All current reservists covered by this agreement are eligible for and will receive financial compensation in accordance with the amounts, conditions and timing set out in this agreement, in recognition of the fact that they have been impacted, directly and/or indirectly, by the implementation of Phoenix. The financial compensation outlined in clauses 8, 13 and 16 constitutes general damages for stress, aggravation, and pain and suffering incurred.  
6. This agreement also sets out the compensation framework for former reservists. Former reservists and estates of deceased reservists will be eligible to file claims in respect of matters addressed in this agreement. Following the submission of a claim and validation, former reservists and the estates of deceased reservists, will receive financial compensation equivalent to that of current reservists.
7. The entitlements in clauses 8, 13 and 16 are to be paid only once per reservist (or former reservist) per fiscal year (whether as a current reservist or former reservist) of the RCMP.

General compensation for current reservists

8. The Employer will compensate all current reservists with a lump sum payment of $600 for 2016/2017, and $300 for each of the 2017/2018 and 2018/2019 fiscal years in general damages as compensation for stress, aggravation, and pain and suffering if the current reservist was paid out of the Phoenix Pay System.
9. In order to be eligible for the financial compensation provided for in clause 8, a reservist need only to have been paid out of the Phoenix Pay System for one day in the fiscal year to which a lump sum payment pertains.
10. The financial compensation provided in clause 8, will be provided to current reservists on a best effort basis by the Employer through the Member Pay System.
11. The entitlement in clause 8 is on the condition that the NPF withdraw any grievances, complaints or other litigation, if any, related to damages and agree not to support or pursue new litigation with regards to damages due to issues with pay caused by the Phoenix Pay System.
12. Reservists eligible under this agreement who may also be eligible under the 2019 MOA on Damages or the 2020 MOA on Damages signed by other Bargaining Agents shall only receive one entitlement whether as a current or former employee of the core public administration or separate agency or as a current or former reservist for any given fiscal year. The RCMP will coordinate in this regard and in advance with TBS People Management Systems and Processes (PMSP).
13. Notwithstanding clause 12, the NPF and TBS recognize that any leave already credited to reservists under the 2019 Damages Agreement signed with other bargaining agents, will not be revoked. For the purpose of clauses 12 and 13, the cash equivalent value of a day᾿s leave will be considered to be $300. Any difference in excess of $10 between the cash equivalent of leave provided under the other Damages agreement and the cash equivalent value of $300 per day identified in this clause will be paid where it benefits the reservist. 
14. The parties recognize that for the purpose of consistency of application in assessing reservist status and entitlements to general compensation during the period covered by the agreement, Phoenix data as of May 30, 2018 will be used.
15. Any monies paid pursuant to clause 8 are subject to applicable statutory deductions and are non-pensionable.

General compensation for former reservists

16. Former reservists will be eligible, following the submission of a claim and validation, to be compensated on the basis of clauses 8 and 13.
17. In order to be eligible for the payment provided for in clause 16 a former reservist need only to have been paid out of the Phoenix Pay System for one day in the year to which a lump sum payment pertains
18. Any monies paid pursuant to clause 16 are subject to applicable statutory deductions, if any and are non-pensionable.

Claims process for expenses and financial losses

19. The entitlement under the existing claims process for expenses and financial losses due to Phoenix will remain in place until there are no more claims to process. It will continue to provide redress and reimbursement for all damages and expenses which are currently compensated through the claims process.

Without Prejudice

This agreement, as well as any public communications related to it, is subject to conclusion of a tentative collective agreement between the Employer and the National Police Federation.

The parties recognize that final agreement is subject to approval by the Employer and the Bargaining Agent᾿s governing body.

Dates may be extended by mutual agreement of the parties.