AGREEMENT
BETWEEN
AIR CANADA
AND
THE AIR CANADA PILOTS ASSOCIATION
Effective September 30, 2017 – September 29, 2020
13230 (06)
Amendments
Amendment Date Articles Amended
ORIGINAL July 30, 2012 -
1 December 5, 2012 Article 20, LOU 74 & LOU
75
2 September 30, 2014 Articles 1-3, 5, 7, 10-14, 16-
21 & 23-32
LOUs 72, 74, 75 & 78-83
LOCs 56, 61-64
Appendix B
3 September 30, 2016 Articles 3, 12 & LOU 74
4 September 30, 2017 Articles 1-3, 5, 7 & 10-33
LOUs 74, 84 and 85
LOCs 60, 65 – 72
Appendix G
Amendments i
Page intentionally left blank.
Amendments ii
Table of Contents
ARTICLE 1 – Recognition & Scope .................................................................................... 1
1.01 Recognition ......................................................................................................... 1
1.02 Scope .................................................................................................................. 1
1.03 Definitions ........................................................................................................... 1
1.04 Employment Security........................................................................................... 3
1.05 Merger or Change of Control ............................................................................... 4
1.06 Divestiture and Successorship............................................................................. 5
1.07 Single Employer Obligations / Separate Entities .................................................. 5
1.08 Codesharing ........................................................................................................ 5
1.09 Joint Ventures ..................................................................................................... 7
1.10 Capacity Purchase Agreement (CPA) Tier 2 and Tier 3 Carriers.......................... 9
1.11 Specialty Companies ......................................................................................... 11
1.12 Wet Leasing ...................................................................................................... 11
1.13 Franchise Arrangements ................................................................................... 12
1.14 Pilot Crew Interchange ...................................................................................... 12
1.15 Realignment of Routes and Aircraft Purchase ................................................... 12
1.16 Scope Committee and Information..................................................................... 12
1.17 Interpretation ..................................................................................................... 13
ARTICLE 2 – Definitions ................................................................................................... 14
2.01 General Interpretations ...................................................................................... 14
ARTICLE 3 – Duration and Effective Date ........................................................................ 17
ARTICLE 4 – Seniority....................................................................................................... 18
4.01 Establishing Seniority Date ................................................................................ 18
4.02 Application of Seniority ...................................................................................... 18
4.03 Pilots’ System Seniority List ............................................................................... 18
4.04 Management Pilots ............................................................................................ 19
ARTICLE 5 – Probation ..................................................................................................... 20
5.01 General ............................................................................................................. 20
5.02 Captain Upgrade ............................................................................................... 20
5.03 Probationary Pilots – Training General .............................................................. 20
5.04 Probationary Pilots – Training and Checking – Failure Handling
Procedures ........................................................................................................ 21
ARTICLE 6 – Flight Safety ................................................................................................ 22
6.01 Accident and Incident Investigation.................................................................... 22
6.02 Representation During Accident Investigation.................................................... 22
6.03 Aircraft Electronic Recording & Reporting Devices ............................................ 22
6.04 Flight Data Analysis (FDA) ................................................................................ 23
6.05 Voyage Report Distribution ................................................................................ 24
ARTICLE 7 – Dispute Resolution...................................................................................... 25
7.01 ACPA Representation ....................................................................................... 25
7.02 Personnel Records ............................................................................................ 25
7.03 Grievance Procedure – General, Discipline or Discharge .................................. 25
7.04 Grievance Procedure – Discipline or Dismissal.................................................. 26
7.05 Grievance Procedure – Process ........................................................................ 26
7.06 Grievance Procedure – Time Limits ................................................................... 26
7.07 Grievance Procedure – Rights and Obligations ................................................. 26
7.08 Arbitration – General ......................................................................................... 27
7.09 Arbitrator’s Jurisdiction and Procedures Authority .............................................. 27
Table of Contents i
7.10 Arbitrator’s Authority .......................................................................................... 27
7.11 Obligations ........................................................................................................ 27
7.12 Expedited Arbitration ......................................................................................... 28
7.13 Pay Claims Procedures ..................................................................................... 28
7.14 Pay Claims Awarded to ACPA ........................................................................... 28
7.15 Flight Awarding Error ......................................................................................... 28
7.16 Joint Onerous Pairing Evaluation Committee (JOPEC) ...................................... 29
7.17 Onerous Pairing Resolution Procedure .............................................................. 29
7.18 Window of Circadian Low (WOCL) .................................................................... 30
7.19 Disputed Pairing Resolution Procedure ............................................................. 30
ARTICLE 8 – Leave of Absence ........................................................................................ 31
8.01 General ............................................................................................................. 31
8.02 Bereavement Leave/Leave for Compassionate Care ......................................... 31
8.03 Residual Rights from Special Leave of Absence Programs (LOU 68) ................ 31
8.04 Voluntary Block Reduction (VBR) ...................................................................... 31
ARTICLE 9 – Furlough and Severance............................................................................. 33
9.01 Furlough ............................................................................................................ 33
9.02 Furlough Pay ..................................................................................................... 33
9.03 Recall ................................................................................................................ 33
9.04 Severance Pay .................................................................................................. 34
ARTICLE 10 – Administration and Company/Association Interaction ........................... 35
10.01 Issuance of Agreement ...................................................................................... 35
10.02 Check-off ACPA Dues ....................................................................................... 35
10.03 Pilot Information ................................................................................................ 36
10.04 Personnel Records ............................................................................................ 36
10.05 Hold-Harmless Clause ....................................................................................... 36
10.06 Liability for Costs ............................................................................................... 36
10.07 Communication with the Company .................................................................... 36
10.08 Telephone Monitoring System ........................................................................... 36
10.09 ACPA Duty Release .......................................................................................... 37
10.10 ACPA / Management Headquarters Committee (AMHQ) ................................... 38
10.11 New Equipment ................................................................................................. 39
10.12 Human Rights.................................................................................................... 39
ARTICLE 11 – Supervisory Flying .................................................................................... 40
11.01 Supervisory Flying Allotment ............................................................................. 40
11.02 Check Pilot, Flight Instructor, NRFOP and Project Pilot ..................................... 40
11.03 Check Pilots ...................................................................................................... 40
11.04 Flight Instructor and Project Pilot ....................................................................... 41
11.05 Non-Revenue Flight Operations Pilot (NRFOP) ................................................. 41
11.06 Supervisor/Line Pilot – AO When Transitioning ................................................. 42
ARTICLE 12 – Pay Rates ................................................................................................... 43
12.01 Pay Progression ................................................................................................ 43
12.02 Accredited Service............................................................................................. 43
12.03 Fixed Rate ......................................................................................................... 43
12.04 Formula Pay Note: ACrouge pay rates are contained in LOU 74. ..................... 43
12.05 Annual Wage Increases..................................................................................... 46
ARTICLE 13 – Pay Provisions .......................................................................................... 47
13.01 Pay Advances ................................................................................................... 47
13.02 Calculation of Individual Pay .............................................................................. 47
13.03 Flight Time and Block Growth ............................................................................ 47
13.04 Minimum Block Guarantee (MBG) ..................................................................... 47
Table of Contents ii
13.05 Minimum Pay – Fail to Fly ................................................................................. 48
13.06 85 hour Premium ............................................................................................... 48
13.07 Voluntary Overtime Premium ............................................................................. 49
13.08 Draft Premium ................................................................................................... 49
13.09 Flights Overlapping Calendar Days and Block Period End ................................. 49
13.10 Operating as Augmentation Pilot or Out of Status .............................................. 49
13.11 CP, FI, NRFOP and PrP Premium ..................................................................... 49
13.12 Initial Operational Experience Training Captain (IOETC) ................................... 50
13.13 Training Pay ...................................................................................................... 50
13.14 Duty Period Guarantee (DPG) and Trip Time Guarantee (TTG) ........................ 51
13.15 Retired Equipment ............................................................................................. 52
ARTICLE 14 – Optional Bank Plan ................................................................................... 53
14.01 Bank Plan Provisions ......................................................................................... 53
14.02 Negative Bank ................................................................................................... 53
14.03 Vacation Extension Using Positive Bank Credits ............................................... 53
ARTICLE 15 – Insurance, Medical, and Dental ................................................................ 55
15.01 General ............................................................................................................. 55
15.02 Group Insurance................................................................................................ 55
15.03 Supplemental Health Plan ................................................................................. 55
15.04 Medical Services for Non-Residents .................................................................. 56
15.05 Dental Plan........................................................................................................ 57
15.06 Company Insurances in War Zones ................................................................... 57
15.07 Missing and Internment Benefits ........................................................................ 57
ARTICLE 16 – Group Disability Income Plan (GDIP)– Pilots .......................................... 60
16.01 General ............................................................................................................. 60
16.02 Covered Earnings for the Calculation of Benefits ............................................... 60
16.03 Disabilities Covered by the Plan ........................................................................ 60
16.04 Disabilities Not Covered by the Plan .................................................................. 61
16.05 Suspension/Reinstatement of Coverage ............................................................ 61
16.06 Termination of Coverage ................................................................................... 62
16.07 Claims Procedure .............................................................................................. 62
16.08 Benefits ............................................................................................................. 63
16.09 Waiver of Premiums for Other Plans.................................................................. 65
16.10 Disability Income Plan Advisory Committee ....................................................... 65
16.11 Medical Board – Selection and Duties ............................................................... 66
16.12 Correspondence about the Plan ........................................................................ 66
ARTICLE 17 – Pension ...................................................................................................... 67
17.01 Air Canada Pilot Pension Plan ........................................................................... 67
17.02 CAIL Pilot Pension Plan..................................................................................... 74
17.03 ACPA Multi-Employer Pension Plan (MEPP) ..................................................... 82
ARTICLE 18 – Meals and Accomodation Expenses ........................................................ 83
18.01 General ............................................................................................................. 83
18.02 Meals and Accommodations Standards Committee (MASC) ............................. 83
18.03 Meals Allowance and Crew Meals ..................................................................... 83
18.04 Allowances While Training................................................................................. 88
18.05 Allowances, Travel and Accommodations for New Hires ................................... 88
18.06 Other Allowance ................................................................................................ 89
18.07 Hotel Accommodations ...................................................................................... 89
18.08 Parking .............................................................................................................. 89
18.09 Moving Expenses .............................................................................................. 90
18.10 Uniforms ............................................................................................................ 90
Table of Contents iii
ARTICLE 19 – Vacation ..................................................................................................... 91
19.01 General ............................................................................................................. 91
19.02 Entitlement ........................................................................................................ 91
19.03 Bidding .............................................................................................................. 92
19.04 Optional 24 or 48 ............................................................................................... 93
19.05 Pilots Returning from GDIP ............................................................................... 94
19.06 Deferment ......................................................................................................... 94
19.07 Vacation Pay and Credits .................................................................................. 94
19.08 Pilots Retiring or Approaching the ICAO Limit (A20.17) ..................................... 94
19.09 SPB Vacation Move for Training ........................................................................ 94
ARTICLE 20 – Pilot Position Assignment ........................................................................ 95
20.01 Status and Groups............................................................................................. 95
20.02 Active Pilot ........................................................................................................ 95
20.03 Crew Manning Steering Committee Review ....................................................... 95
20.04 Standing Preferential Bid (SPB)......................................................................... 96
20.05 Course Rights.................................................................................................... 97
20.06 Reinstatement Rights (RIR) ............................................................................. 100
20.07 Vacancies and Reductions .............................................................................. 100
20.08 Awarding Vacancies and Reductions ............................................................... 100
20.09 Pay & Training ................................................................................................. 103
20.10 Base Transfer .................................................................................................. 104
20.11 Compassionate Transfer ................................................................................. 105
20.12 Inactive Pilots .................................................................................................. 105
20.13 Return from Inactive Status ............................................................................. 106
20.14 Base Exchange ............................................................................................... 106
20.15 Introduction of New Equipment ........................................................................ 106
20.16 Removal of Equipment from a Base ................................................................ 107
20.17 New Hire Pilot.................................................................................................. 107
20.18 ICAO Limit ....................................................................................................... 107
20.19 Pilots Approaching the ICAO Limits ................................................................. 107
20.20 Notice of Intent to Retire .................................................................................. 108
ARTICLE 21 – Training .................................................................................................... 109
21.01 Administration.................................................................................................. 109
21.02 Failure Handling Procedures ........................................................................... 112
21.03 Captain Upgrade Training................................................................................ 114
21.04 Relief Pilot to First Officer Initial Upgrade ........................................................ 115
21.05 Career Re-Orientation Plan ............................................................................. 115
ARTICLE 22 – Scheduling Preamble .............................................................................. 117
ARTICLE 23 – Deadhead and Pilot Travel ...................................................................... 118
23.01 Deadhead Movements .................................................................................... 118
23.02 Training ........................................................................................................... 120
23.03 Base Transfers ................................................................................................ 120
23.04 Company Paid Moves ..................................................................................... 120
ARTICLE 24 – Crew Rest Facilities ................................................................................ 121
24.01 Crew Rest Definitions ...................................................................................... 121
24.02 General ........................................................................................................... 121
24.03 Aircraft ............................................................................................................. 121
24.04 Introduction of New Aircraft ............................................................................. 122
ARTICLE 25 – Pairing Rules ........................................................................................... 123
25.01 Duty Period Start and End ............................................................................... 123
25.02 North American Zone ...................................................................................... 124
Table of Contents iv
25.03 Planned Flight Duty Period Limitations ............................................................ 124
25.04 Planned Rest Periods – Layover ..................................................................... 124
25.05 Planned Rest periods – Home Base ................................................................ 124
25.06 Operating Rules .............................................................................................. 131
25.07 Airport Stop Over of 5 Hours or More .............................................................. 131
25.08 Rest Periods-Operating Rules ......................................................................... 131
ARTICLE 26 – Block Rules.............................................................................................. 133
26.01 Scheduled Pairings.......................................................................................... 133
26.02 Flight Time Limitations ..................................................................................... 133
26.03 Designated Block Maximum (DBM) ................................................................. 133
26.04 Annual Overtime (AO) ..................................................................................... 134
26.05 Legalities ......................................................................................................... 134
ARTICLE 27 – PBS Awards ............................................................................................. 137
27.01 Preferential Bidding System (PBS) .................................................................. 137
27.02 Vacation Extension Using Positive Bank Credits – PBS................................... 137
27.03 Vacation Extension – Optional 24 or 48 ........................................................... 137
27.04 Bidding Eligibility ............................................................................................. 137
27.05 Preparation and Bidding .................................................................................. 138
27.06 Awarding Simulator ......................................................................................... 139
27.07 Awarding and Assigning of OEs and QOEs ..................................................... 139
27.08 IOE Flying ....................................................................................................... 139
27.09 Introduction of New Fleet Type ........................................................................ 141
27.10 New Fleet Training and/or Checking Requirements: ........................................ 141
27.11 Awarding Order ............................................................................................... 141
27.12 Primary Constraints ......................................................................................... 141
27.13 Block Out of Seniority (BOS) ........................................................................... 143
27.14 PBSC Authority to Modify Blocking Parameters ............................................... 143
27.15 PBS Mis-Awards ............................................................................................. 144
27.16 PBSC Administration ....................................................................................... 145
ARTICLE 28 – Open Time Awards .................................................................................. 146
28.01 Open Time ...................................................................................................... 146
28.02 Awarding Open Time ....................................................................................... 146
28.03 Open Flying After Normal Award Time............................................................. 148
28.04 30 Minute Connection Rule ............................................................................. 149
28.05 Miscellaneous Awards ..................................................................................... 149
28.06 Procedure for Completing Simulator Crew Complement .................................. 150
28.07 Special Jetz Assignments (SJA) ...................................................................... 150
28.08 Trip Trade – (TT) ............................................................................................. 151
ARTICLE 29 – Reserve .................................................................................................... 152
29.01 Planned Off-Duty Periods ................................................................................ 152
29.02 Replacement of Off-Duty Periods .................................................................... 153
29.03 Assigning into / on Off-Duty Periods ................................................................ 153
29.04 Reserve Duty................................................................................................... 154
29.05 Standby at the Home Base Airport................................................................... 154
29.06 Reserve Availability List ................................................................................... 154
29.07 Open Time Procedures Due Sickness ............................................................. 155
29.08 Limitation on Reserve Assignment Between 02:00 and 06:00.......................... 155
29.09 Reserve Call-In................................................................................................ 155
29.10 Scheduling of Reserves ................................................................................... 155
29.11 Reserve Release ............................................................................................. 156
29.12 Reserve Time Balancing.................................................................................. 156
29.13 Reserve Displacement or Removal .................................................................. 156
29.14 Periodic Training for Pilots on Reserve ............................................................ 157
Table of Contents v
29.15 On Completion of Training or Return from LOA/GDIP ...................................... 157
ARTICLE 30 – Draft and VO Cold Calling ....................................................................... 158
30.01 Draft Flying ...................................................................................................... 158
30.02 Move-Up.......................................................................................................... 158
30.03 Draft On-the-Go Provisions ............................................................................. 158
30.04 VO Cold Calling – Home Base......................................................................... 158
30.05 Draft (and Drop) – Home Base ........................................................................ 159
30.06 Draft – Home Base .......................................................................................... 159
30.07 Drafting Procedure – Off Home Base .............................................................. 159
30.08 Draft – Administration of Flying Pay and Flight Time Credits............................ 159
30.09 Draft Premium – Blockholders and CPs, FIs, PrPs and NRFOPs..................... 159
30.10 Draft Premium-PoR ......................................................................................... 159
ARTICLE 31 – Sick Leave ............................................................................................... 161
31.01 General ........................................................................................................... 161
31.02 Sick Leave Entitlement .................................................................................... 161
31.03 Procedures for Sick Book Off........................................................................... 161
31.04 Booking Back on From Sick Leave .................................................................. 161
31.05 Sick Leave Charges ........................................................................................ 162
31.06 Sick Pay and Block Credits .............................................................................. 162
31.07 No Sick Days Left ............................................................................................ 162
31.08 Foreign Operations .......................................................................................... 162
31.09 Sick Days and GDIP ........................................................................................ 163
31.10 Physical Examination ...................................................................................... 163
ARTICLE 32 – Pay Protection and Pairing integrity ...................................................... 164
32.01 General Provisions .......................................................................................... 164
32.02 Refusal of Pay Protection ................................................................................ 164
32.03 Reassignment Provisions ................................................................................ 164
32.04 Pay and Credit Provisions ............................................................................... 166
ARTICLE 33 – Displacement and Removal .................................................................... 168
33.01 Exchange or Release from Block Flights ......................................................... 168
33.02 Removal and Displacement ............................................................................. 168
33.03 Complete/Partial Pairing Displacement ............................................................ 168
33.04 Reserve Displacement – see A29.13 ............................................................... 168
33.05 Removal from Training .................................................................................... 168
33.06 Removal from a Block ..................................................................................... 169
33.07 Fatigue Drop-No-Credit ................................................................................... 169
33.08 Switching F/O and Augment Pilot Assignments ............................................... 169
ARTICLE 34 – Letters ...................................................................................................... 170
34.01 Letters of Understanding ................................................................................. 170
34.02 Letters Of Commitment.................................................................................... 171
34.03 Appendices ..................................................................................................... 173
Table of Contents vi
ARTICLE 1 – RECOGNITION & SCOPE
1.01 Recognition
The Air Canada Pilots Association has furnished to the Company evidence that a
majority of the Air Line Pilots employed by the Company have designated ACPA to
represent them and on their behalf, negotiate Agreements with the Company as to
hours of service, wages, and other employment conditions covering all Air Canada
Pilots.
This Agreement contemplates that Pilots will devote their entire professional flying
in the service of the Company.
1.02 Scope
All Pilot Positions and all flying performed by or on behalf of the Company or its
Affiliates, including all flying utilizing the Company IATA designator code (AC or
ACA) or future similar designator code will be occupied and performed by Air
Canada Pilots exclusively in accordance with the terms and conditions of this
agreement.
Such Company flying will include, without limitation, all revenue, non-revenue,
scheduled, unscheduled, passenger, cargo, placement, ferry, charter, scheduled
charter, sports charter, training, maintenance test flights and publicity flights.
The provisions of 1.02.01 do not apply to:
Delivery flights of Air Canada aircraft where one crew member may be a pilot
representing the vendor, lessor, lessee or purchaser of the aircraft.
Maintenance Test flights where one or more crew members may be a pilot
representing the manufacturer of the aircraft or systems being tested.
Public Demonstration Flights (e.g. The Paris Air Show) where the local laws
prohibit Air Canada Pilots from performing the flying.
Charity flights (non-revenue) flown by Air Canada Pilots on a voluntary basis
(e.g. Dreams Take Flight).
The other exceptions agreed herein.
1.03 Definitions The following definitions apply for the purpose of A1:
Air Canada (AC or ACA) or the Company means the combined operations of Air
Canada and its Affiliates as they are currently constituted or as they may be
constituted or replaced in the future.
Air Canada Pilot means a Pilot who holds a position on the Air Canada Pilots
System Seniority List as provided within this Collective Agreement.
Affiliate means any entity incorporated in Canada or operating aircraft in Canada
that controls the Company or that the Company controls and any Specialty
Company.
Force Majeure means, by way of example only and without limitation, events of the
nature and scale which have a significant deleterious impact on the operation or
finances of the Company or the market demand for its services, including: an Act
of God, a strike or other labour disruption, legal or illegal, by employees employed
by Air Canada or a CPA Carrier, a national emergency, the involuntary revocation
of the Company’s operating certificates, a grounding of a number of the Company’s
aircraft, a reduction in the Company’s operations resulting from a decrease in
available fuel supply caused by either governmental action or by commercial
suppliers being unable to meet the Company’s demands, the unavailability of
aircraft scheduled for delivery, a severe downturn in the economy, which would
include two consecutive quarters of decline in Canada’s GDP, the outbreak of war,
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 1
a pandemic, a terrorist attack, or dramatic increases in the price of jet fuel, which
would include an unexpected 30% year over year increase in the price.
For clarity, force majeure does not include the price of fuel, except as described
above, or other supplies, the price of aircraft, a downturn in the economy short
of severe, the financial state of the Company, or the relative profitability or
unprofitability of the Company’s then-current operations, unless any of these
circumstances is related to a force majeure event as defined herein.
Aircraft categories:
Jet Aircraft means any aircraft utilizing a jet, turbojet, fan-jet, geared fan,
ductless fan, or equivalent engine.
Propeller Aircraft means any aircraft that uses propellers, however driven, to
provide thrust. Propellers refer only to standard propellers as the term is
commonly understood.
Small Propeller Aircraft (SPA) means a propeller aircraft with a maximum
certified seating capacity of 23 seats or less.
Medium Propeller Aircraft (MPA) means a propeller aircraft configured with at
least 23 seats but not more than eighty 80 seats.
Small Jet Aircraft (SJA) means a jet aircraft with a maximum certified seating
capacity of 55 seats or less.
Medium Jet Aircraft (MJA) means a jet aircraft with a maximum certified seating
capacity in excess of 55 seats but not more than 90 seats.
Narrow Body Jet Aircraft (NJA) means a jet aircraft with a maximum certified
seating capacity in excess of 90 seats in a single aisle configuration.
Wide Body Jet Aircraft (WJA) means a jet aircraft with a maximum certified
seating capacity in excess of 90 seats in a twin aisle configuration.
ASM means Available Seat Mile. For the purpose of calculating ASM ratios or
differences in ASMs, Air Canada ASMs will exclude ASMs attributed to Affiliates.
A Change of Control is deemed to have occurred when an entity which previously
did not Control Air Canada establishes Control over Air Canada.
Control means that one entity will be considered to “control” another entity (Entity
B), only if it, whether directly or indirectly:
owns or has the ability to vote securities, other than by way of proxy, that
constitute, are exercisable for or convertible into more than: (i) 50% of Entity B’s
outstanding common shares, or if shares in addition to common shares have
voting power then (ii) 50% of the voting power of all outstanding securities of
Entity B entitled to vote generally for the election of members of Entity B’s Board
of Directors or similar governing body; or
maintains the power or right to manage or direct the management of all or
substantially all of Entity B’s air carrier operations; or
has the power or right to designate or provide all or substantially all of Entity B’s
officers; or
has the power or right to appoint or elect a majority of Entity B’s Board of
Directors, or other governing body having substantially the powers and duties of
a board of directors; or
has the power or right to appoint or elect a minority of Entity B’s Board of
Directors or similar governing body, but only if such minority has the power or
right to appoint or remove Entity B’s Chief Executive Officer, or President, or
Chief Operating Officer, or the majority membership of the Executive Committee
or similar committee on Entity B’s Board of Directors, or the majority
membership of at least ½ of Entity B’s Board committees.
Maximum Certified Seating Capacity means the maximum seating capacity for
which a hull size has been certified by any recognized aviation authority in the
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 2
world. For greater certainty, aircraft in cargo or combination passenger/cargo
configurations will assume an all passenger configuration to determine aircraft
categories.
Merger means any action that either directly or indirectly results in:
the acquisition, or the right to acquire, by the Company or its Affiliates of more
than 30% of the shares of another Canadian air carrier;
the acquisition, or the right to acquire, by any entity or coalition of entities of
more than 30% of the shares of the Company;
the merger or amalgamation of all or part of the Company with another
Canadian air carrier;
any change of control of the Company: or
any change to the Company’s corporate identity.
Tier 2 Carrier means an air carrier that operates only SPA, MPA or SJA equipment
when performing flying for or on behalf of the Company or utilizing the Company
IATA designator code (AC or ACA).
Tier 3 Carrier means an air carrier that operates only SPA equipment when
performing flying for or on behalf of the Company or utilizing the Company IATA
designator code (AC or ACA).
1.04 Employment Security
In order to provide employment security for the Air Canada Pilots, Air Canada
agrees that no furlough of any Pilots will result from the following events:
Current or future code share agreements with other air carriers or their affiliates;
Current or future commercial agreements with other air carriers or their affiliates;
The transfer of any MJA, NJA or WJA equipment to any entity which has, as of
April 1st, 2011:
(i) entered into a Capacity Purchase Agreement with Air Canada for
domestic and/or Transborder air carrier operations or
(ii) entered into a Transborder and/or International Codeshare or Joint
Venture agreement with Air Canada.
Embraer Guarantee
In order to mitigate the effects for the Air Canada Pilots who may be adversely
affected by changes being considered which could reduce the number of
Embraer aircraft operated below the number operated by the Company as of
July 31, 2012, Air Canada commits to the following:
1.04.02.01.01 Air Canada will determine the number of Pilots on July 31, 2012 holding a
QPOS or APOS EMJ Captain or First Officer Position (“the Embraer Pilots”).
1.04.02.01.02 Air Canada will identify the most junior Pilots on the seniority list as of
July 31, 2012 equivalent in number to the number of Embraer Pilots
referenced in 1.04.02.01.01 (“the Protected Pilots”).
1.04.02.01.03 Subject to 1.04.02.01.04 below, should Air Canada remove or replace some
or all of the Embraer aircraft it operated on July 31, 2012, other than for
airworthiness problems or concerns, none of the Protected Pilots shall be
furloughed as a direct result of the Company’s decision to so remove or
replace those aircraft.
1.04.02.01.04 The above commitment will not apply in the case of a reduction in the
Embraer fleet due to adverse economic circumstances which also requires a
reduction of flying hours or a reduction of other aircraft types operated by Air
Canada.
Block Hour Guarantee
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 3
A total of 798,133 aircraft block hours at Air Canada and ACrouge combined are
guaranteed for ACPA-represented Pilots every calendar year.
Of the 798,133 block hours, 328,000 hours are guaranteed every calendar year
for North American flying (i.e., flying not included in Overseas Operations
defined in A12.04.04.01.01). To calculate the North American block hour
guarantee, every block hour flown by a WJA within North America in a calendar
year in excess of 22,000 will count as two block hours.
These block hour guarantees do not apply in the case of Force Majeure. The
guarantees will be suspended for the period of time during which the effects of
the Force Majeure have an impact, such that the guarantees will be adjusted
proportionately to reflect the period during which they have been suspended.
Mainline NJA Aircraft Utilization (block hours per day per aircraft for all active
Mainline NJA) on a rolling 12-month basis shall not be less than 90% of Mainline
NJA Aircraft Utilization in the 12-month period ending June 30, 2017.
“Active Mainline NJA” excludes (i) the three Jetz-configured aircraft; (ii) any
inactive aircraft, e.g., spare aircraft, aircraft in heavy maintenance, or aircraft
grounded by unforeseen circumstances; and (iii) any new aircraft type in its first
year of service at mainline or any aircraft type in its last year of service.
1.05 Merger or Change of Control
On each occasion that the Company and/or its Successors or Affiliates are
involved in a merger or in the event of a Change of Control of the Company, the
following will apply:
Within 10 days of the Company’s decision to effect a Change of Control or enter
into a Merger, the Company will notify ACPA of the same and will provide updates
as significant information becomes available. Any confidential information shared
with ACPA in relation to a Change of Control or Merger will be the subject of a
proper confidentiality undertaking.
This Agreement will remain in full force and effect and the recognition now in effect
issued by the Canada Industrial Relations Board (Board) will not be affected in any
way except as otherwise governed by the Canada Labour Code or as directed by
the Board.
The Company will enter into negotiations with ACPA relative to protection of
employees' seniority and other existing or new conditions of this Agreement. Failing
settlement, provisions of the Canada Labour Code will apply.
No Pilot who suffers a reduction in his or her Position as a result of a Change of
Control or Merger will suffer any loss of pay.
No Pilot will be involuntarily relocated from one Base to another as a result of a
Change of Control or Merger.
ACPA has the right in its sole discretion, upon written notice to the Company
within 60 days from the date of the Change of Control or Merger event and, subject
to the requirements under the Canada Labour Code, to either:
extend the duration of this Agreement for a period of one, two, or three years at
ACPA’s option, beyond its original expiration with annual across-the-board
wage, expense, benefit and MPU increases equivalent to the increase, if any, in
the consumer price index plus 2% to be effective on the original expiration date
and on each annual anniversary of the original expiration date thereafter; or,
amend the expiration date of the Collective Agreement to an earlier date; such
date will be no earlier than 60 days from the date of the aforementioned written
notice to the Company.
Air Canada mainline ASMs will be consolidated, if applicable, with the mainline
ASMs of the other carrier and its affiliate(s).
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 4
Air Canada’s Capacity Purchase Agreement ASMs will be consolidated, if
applicable, with the other carrier’s and its affiliate’s Capacity Purchase Agreement
or Regional Carrier ASMs;
Any such new consolidated Mainline/Capacity Purchase Agreement ASM ratio will
be maintained as the new Mainline/Capacity Purchase Agreement carrier ratio.
If Air Canada is involved in a merger or acquisition and the pilots of the merged or
acquired carrier are consolidated with Air Canada’s Pilots, then any aircraft of the
merged carrier that are added to the mainline fleet shall not count as Mainline
Baseline WJA, Mainline Baseline NJA, Mainline Growth WJA, Mainline Growth
NJA, or for the Growth Ratios as defined in L74.01.
1.06 Divestiture and Successorship
In the event of any divesture or spin-off of the fleet of Air Canada or part thereof, or
of any part of Air Canada’s operations that has an effect on Air Canada’s flight
operations, the aircraft categories, ASM ratios, codesharing ratios, fleet and
employment security guarantees will continue to apply to Air Canada.
Neither Air Canada nor its Affiliates will oppose any application by ACPA to secure
and/or protect bargaining rights and successor rights for any Air Canada Pilots in
the event that Air Canada sells, leases, transfers or otherwise divests itself of its
fleet or part thereof or any part of its flight operations.
1.07 Single Employer Obligations / Separate Entities
Air Canada will not initiate or support any common employer application before the
Canada Industrial Relations Board with respect to another group of Pilots unless
such application is supported by ACPA.
1.08 Codesharing
General
Codesharing means an agreement by which another airline places its IATA
designator code or future similar designator code on an Air Canada flight and/or
Air Canada agrees to place its IATA designator code or future similar designator
code (AC or ACA) on the flights of another air carrier. For the purpose of this
Collective Agreement, Codesharing does not include a Capacity Purchase
Agreement.
For the purposes of Codesharing and Joint Venture commercial agreements, Air
Canada may place its AC or ACA code on other airlines’ flights denoted as AC*
Codeshare flying subject to the provisions contained within this Collective
Agreement.
Air Canada will ensure that Code Sharing arrangements are entered into for the
purpose of advancing the interests of Air Canada, including Air Canada Pilots.
Air Canada will also ensure that Code Sharing arrangements are not, on
balance, detrimental to Air Canada Pilots.
Tier 2 Carriers shall only operate the aircraft described in A1.10.02.01.01
and A1.10.02.01.02 when performing codeshare flying outside of a CPA for or
on behalf of Air Canada or its Affiliates.
Codeshare on Routes within Canada
With the exception of Tier 3 Carriers and Tier 2 CPA Carriers, on flights or
routes wholly within Canada, and Northern/Arctic Codeshare arrangements as
specified below, Air Canada and its Affiliates will not enter into any Codeshare
arrangement:
on flights or routes wholly within Canada;
on flights or routes that begin and end in Canada with one or more stops in the
United States of America;
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 5
on flights or routes of an air carrier that are considered cabotage flights within
Canada.
Northern/Arctic Codeshare
Given the unique operational conditions of Northern/Arctic flying, Air Canada or
its Affiliates may enter into a Codeshare arrangement with one Northern/Arctic
Air Operator subject to the following conditions:
Air Canada will be limited to placing the Air Canada code on scheduled and
charter flights or routes flown wholly north of the 60th parallel; and
That the Northern/Arctic Air Operator places its code on Air Canada flights, or
flights carrying the Air Canada designator code, connecting YOW and YEG to
the following stations in Canada: YVR, YYC, YWG, YYZ, YUL, YHZ and YYT.
Transborder Codesharing
Transborder Codeshare
1.08.04.01.01 Air Canada agrees to adhere to the following provisions with respect to its
Transborder Codeshare flying:
1.08.04.01.02 Air Canada may enter into Codesharing agreements with Tier 3 Carriers and
Tier 2 CPA Carriers on transborder routes.
1.08.04.01.03 Subject to A1.08.04.02, for each new Codesharing partner not in a Joint
Venture, the number of transborder ASMs to and from Canada operated by
AC carrying the new partner’s code (OAL*) will be equal to or greater than
the number of transborder ASMs to and from Canada operated by the new
partner carrying the AC code (AC*).
1.08.04.01.04 It is recognized that the proposed Transborder Joint Venture referenced in
A1.09.03 is not in place at the time of implementing this Collective
Agreement. Until such time as the Transborder Joint Venture is implemented,
the current Transborder codeshare with United Airlines will be measured
using the International codeshare metrics as set out in A1.08.05.02-
A1.08.05.05.
1.08.04.01.05 Further, until such time as the Transborder Joint Venture is implemented, in
its codesharing with United Airlines, Air Canada will abide by the
International Codeshare limitations, adapted as required, though modified
such that only 5% fluctuations will apply to that transborder codesharing,
rather that the 10% referenced in A1.08.05.04.
Sixth Freedom Codesharing Agreements – YVR
1.08.04.02.01 For the purpose of increasing transborder feed to Air Canada’s international
network through its YVR hub in exercise of its ICAO Sixth Freedom Right, Air
Canada may enter into specific Sixth Freedom Codesharing agreements in
which the transborder ASMs into and out of YVR operated by AC carrying
the partner’s code (OAL*) may be less than the number of transborder ASMs
into and out of YVR operated by the Codesharing partner carrying the AC
code (AC) (“Sixth Freedom Codesharing Agreements – YVR”).
1.08.04.02.02 For greater certainty, under a Sixth Freedom Codesharing Agreement –
YVR, the Codesharing partner’s flight is not available for sale as an AC*code
flight unless the passenger connects to an AC international flight through
YVR.
1.08.04.02.03 Air Canada will not reduce the annual frequency of consolidated Air Canada
and ACrouge flights on any transborder routes into and out of YVR on which
there is a codeshare under a Sixth Freedom Codesharing Agreement – YVR.
The baseline for the number of transborder flights on the affected routes shall
be measured using the 12 months prior to August 31, 2014, or the 12 months
prior to the commencement of the Sixth Freedom Codesharing Agreement –
YVR, whichever results in the greater number of flights.
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 6
1.08.04.02.04 Air Canada will advise ACPA of any Sixth Freedom Codesharing Agreement
– YVR prior to its implementation.
1.08.04.02.05 Air Canada will provide ACPA with the annual number of Sixth Freedom
Codesharing Agreement – YVR ASMS and passenger numbers by route.
1.08.04.02.06 Consistent with Air Canada’s desire to maintain and grow its YVR
transborder market, Air Canada will conduct an annual review to determine,
in its sole discretion, the commercial viability of operating increased Air
Canada frequencies, or of introducing Air Canada service, on routes on
which there is a codeshare under a Sixth Freedom Codesharing Agreement
– YVR.
International Codesharing
Air Canada agrees to adhere to the following provisions with respect to its
International Codeshare flying:
Air Canada will maintain, as a minimum, the difference in International flying
ASMs into and out of Canada between Air Canada’s operations and the
operations of other carriers carrying the AC code (excluding Joint Venture flying
by other carriers carrying the AC code). This will be measured based on the
relevant ASMs over the three previous years and calculated at the end of each
calendar year.
The baseline will be the 2008 through 2010 calendar years.
In recognition of the need to address operational and commercial requirements,
the difference in ASMs may fluctuate from the baseline difference by up to 10%.
Exceptions will be made for deviations from this limitation that result directly
from capacity changes at Air Canada over which the Company has no control.
In the event of an economic downturn requiring Air Canada to reduce the
International flying that it operates, the Company may do so on the condition
that there will be no increase in the International flying by other carriers carrying
the AC code included in this measure until Air Canada has increased its ASMs
back to the original baseline.
1.09 Joint Ventures
A Joint Venture means a commercial agreement between airlines which extends
commercial integration and the sharing of commercial benefits beyond traditional
interline, Code Share and/or alliance relationships and where resources are
coordinated with the objective that the sum of the Joint Venture partners’
performance will be greater than the individual airlines’ performance. This includes
joint sales and marketing activities, the coordination of capacity planning and
scheduling, the sharing of passenger revenues and other marketing and corporate
initiatives, with the aim of achieving flight operations metal neutrality (as defined in
the Joint Venture).
ACPA acknowledges that Air Canada may enter into bilateral or multilateral
commercial arrangements known as Joint Ventures. Air Canada and its Affiliates
will not enter into a Joint Venture with respect to routes within Canada without the
express written consent of ACPA.
ACPA further recognizes that Air Canada is currently engaged in a Joint Venture
with respect to transatlantic operations with Deutsche Lufthansa and United
Airlines and that Air Canada is currently preparing to enter into a Joint Venture with
respect to transborder operations with United Airlines.
The Company agrees to consult with ACPA and share all relevant information with
ACPA before entering into a new Joint Venture or including a new partner in a Joint
Venture.
The parties acknowledge that a Joint Venture shares relevant benefits from all
present or future flight operations within the scope of the Joint Venture operated by
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 7
any airline, affiliate or entity which any of the parties to the Joint Venture controls or
is controlled by.
Economic benefits from a Joint Venture are shared amongst the Joint Venture
partners in a fair manner reflecting each airline’s contribution to the Joint Venture,
including the contribution of Air Canada’s Pilots. In order to protect Air Canada’s
interests and the interests of Air Canada’s Pilots:
Air Canada agrees that it will not share its revenues from these Joint Ventures
with its Code Share or Capacity Purchase Agreement partners or its
subcontractors, affiliates or entities, who are not parties to the Joint Venture.
As a direct result of Air Canada’s participation in a Joint Venture, there will not
be a reduction of its ASMs that are encompassed within the Joint Venture,
except in the case of a Joint Venture serving any region referred to in
A1.09.07.03.
Subject to A1.09.07.03, Air Canada will maintain, as a minimum, the difference in
ASMs between Air Canada’s operations into and out of Canada within the scope of
a Joint Venture and the operations of the other partners in that Joint Venture into
and out of Canada within the scope of that Joint Venture. This will be measured
based on the relevant ASMs over the three previous years and calculated at the
end of each calendar year. The baseline will be the 2008 through 2010 calendar
years for the current Transatlantic Joint Venture; or the three calendar years
immediately preceding the commencement of any new Joint Venture.
In the event of the inclusion of a new partner operating into and out of Canada
in an existing joint venture, the baseline will be recalculated by adding the ASMs
of the operations of the new partner into and out of Canada within the scope of
that Joint Venture to the original baseline.
In the event that Air Canada enters into a Joint Venture with a current
Codesharing partner which does not operate any flights into and out of Canada
and the partner commences operating flights into and out of Canada within the
scope of the Joint Venture, the baseline minimum difference in ASMs will be
adjusted for such flights, to a maximum of the ASMs associated with one such
daily flight. Air Canada will not decrease the ASMs of its operation into and out
of Canada within the scope of the Joint Venture as a result of the partner
commencing to operate such flights.
Subject to 1.09.07.03.03, Air Canada may, in respect of a Joint Venture serving
the Asia, South Pacific or South America region, compensate for any differential
in ASMs actually flown and the ASMs required under A1.09.07 (the
“Differential”) by performing Equivalent Flying anywhere within the region served
by the Joint Venture, subject to the 5% fluctuation permitted under A1.09.08. Air
Canada or ACrouge must fly at least one frequency within the Joint Venture.
1.09.07.03.01 Definitions:
1. “Equivalent Flying” means combined Air Canada and ACrouge ASMs
flown by WJA during the three-year measurement period in 1.09.07 so as
to equal the Differential.
2. “Asia” means the region comprised of Brunei, Darussalam, Cambodia,
China, Hong Kong SAR, Indonesia, Japan, Korea, Kazakhstan,
Kyrgystan, Laos, Macau SAR, Malaysia, Mongolia, Myanmar, Philippines,
Singapore, Taiwan, Tajikistan, Thailand, Turkmenistan, Uzbekistan, and
Vietnam.
3. “South America” means the region comprised of Argentina, Belize,
Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador,
Falkland Islands, Guatemala, Honduras, Nicaragua, Paraguay, Panama,
Peru, Saint Helena, Uruguay and Venezuela.
4. “South Pacific” means the region comprised of Australia, Christmas
Islands, Cocos (Keeling) Islands, Cook Islands, Fiji, French Polynesia,
Kiribati, Nauru, New Caledonia, New Zealand, Niue, Norfolk Island,
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 8
Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, Vanuatu,
Wallis and Futuna Island.
1.09.07.03.02 The baseline for measuring ASMs in the region served by the Joint Venture
for the purpose of determining Equivalent Flying will be the three calendar
years immediately preceding the commencement of the Joint Venture.
1.09.07.03.03 If a Differential results from Air Canada withdrawing one or more flight
frequencies from YVR or YYZ within the scope of a Joint Venture, the
Equivalent Flying must include replacement flight frequencies between the
affected Base and the relevant region equivalent to the number of flight
frequencies withdrawn.
1.09.07.03.04 Where Air Canada and the Joint Venture partner have, since the
commencement of the Joint Venture, added an equal number of frequencies
into and out of Canada within the Joint Venture, any Differential resulting
from the Joint Venture partner operating higher gauge aircraft or longer stage
lengths on the added frequencies will be deemed compliant with A1.09.07.
In recognition of the need to address operational and commercial requirements, the
relevant difference in ASMs may fluctuate from the baseline difference by up
to 5%. Exceptions will be made for deviations from this limitation that result directly
from capacity changes at Air Canada over which the Company has no control.
In the event of an economic downturn requiring Air Canada to reduce flying or
frequencies within the Joint Venture, the Company may do so on the condition that
the partners will not increase flying or frequencies within the Joint Venture until Air
Canada has increased its ASMs back to the original baseline.
Air Canada further commits that in the event of aggressive capacity increases by a
Joint Venture partner beyond what is warranted by the market based on
reasonable commercial/financial decisions, Air Canada will make any and all
reasonable efforts to respect the above commitment, while acting within the Joint
Venture commercial agreement. The appropriate action to be taken by Air Canada
would be governed by the Joint Venture agreement. Examples of possible action
taken on behalf of Air Canada in the event of aggressive capacity increases may
include, but are not limited to removing the excess capacity from the Joint Venture
revenue sharing calculation or electing not to place Air Canada’s code on the
increased capacity.
1.10 Capacity Purchase Agreement (CPA) Tier 2 and Tier 3 Carriers
Notwithstanding A1.02, Air Canada may enter into Capacity Purchase Agreements
(CPA) with Tier 2 and Tier 3 Carriers and its currently established CPA carrier in
accordance with the following provisions:
ACPA and Air Canada agree that all flying for or on behalf of the Company or its
Affiliates utilizing the AC or ACA designator code is Air Canada flying.
CPAs are not considered Codesharing or Joint Ventures for the purpose of this
Collective Agreement.
A CPA means a commercial agreement whereby:
1.10.01.03.01 A Tier 2 or Tier 3 Carrier performs flight operations for, or on behalf of, Air
Canada or its Affiliates, and where the entire capacity (or a specified blocked
space) of a specified fleet of aircraft is operated by the Tier 2 or Tier 3
Carrier, which will operate such flights using Air Canada’s designator code,
operating on routes and according to schedules and terms of passenger
carriage specified by Air Canada, that do not support the deployment of Air
Canada mainline aircraft.
1.10.01.03.02 Air Canada determines routes and controls scheduling, sets ticket prices,
determines seat inventories, revenue management actions, and performs
marketing and advertising for the specified flights. Air Canada retains all
revenue derived from the sale of seats and cargo services on the specified
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 9
flights and pays the Tier 2/3 Carrier based on the operations provided. Such
fees typically consist of certain variable components based on different
metrics approximating the manner in which costs are incurred by the regional
carrier, including block hours, flight hours, cycles, passengers carried and the
number of aircraft covered by the CPA.
Operation of Aircraft
CPA carriers are limited to operating the Aircraft Categories specified below and
subject to the terms and conditions specified below:
1.10.02.01.01 CPA carriers may operate any SPA, MPA or SJA equipment.
1.10.02.01.02 On an exceptional basis, and notwithstanding the Small Jets Settlement
Agreement of Mr. Martin Teplitsky of July 12, 2004, and A1.10.02.01.01,
CPA carriers may operate MJA configured at a maximum of 76 seats and/or
MPA configured at a maximum of 80 seats inclusive of all classes (and no
other MJA or larger jet equipment), at any one time for the purpose of
performing flight operations for or on behalf of Air Canada or its Affiliates
pursuant to a CPA or a codeshare, provided that:
1. AC agrees to continue to operate at mainline and ACrouge combined a
minimum of 86 – and, as of July 1, 2016, 90 – Airbus 319/320/321 aircraft
or B737 Max aircraft or combination thereof, or equivalent NJA aircraft,
including at least 61 NJA at mainline.
2. Regional Replacement Aircraft flown on Regional Routes as defined in
L74.01 are not counted as aircraft in the 90 NJA guarantee in
A1.10.02.01.02.01.
Air Canada will ensure that CPA carriers do not operate for, or on behalf of, Air
Canada or its Affiliates any international flying, other than flights between
Canada and the United States of America (excluding Hawaii) and flights
between Canada and the Territorial Collectivity of Saint-Pierre-et-Miquelon.
Air Canada will ensure that a minimum of 100 aircraft are flown by ACPA-
represented Pilots at Air Canada and ACrouge combined for every 68 aircraft
(excluding SPA) flown by CPA carriers combined for or on behalf of Air Canada or
its Affiliates.
To calculate the consolidated Air Canada and ACrouge fleet, one NJA will count
as one aircraft and one WJA will count as two aircraft.
As of August 31, 2014, the maximum combined number of MPA configured with
a minimum of 70 seats and a maximum of 80 seats and MJA configured with a
maximum of 76 seats that all CPA carriers combined may operate is 71. This
limit will increase or decrease on a ratio of 1:1 aircraft for each NJA and on a
ratio of 2:1 aircraft for each WJA added to or removed from the consolidated Air
Canada and ACrouge baseline of 134 NJA and 63 WJA.
The DH-100, DH-300 or CRJ-100/200 aircraft operated by CPA carriers as of
August 31, 2014 may be replaced by MPA configured with 70 seats or more on
a 2:1 ratio (e.g., 2 DH-300 = 1 additional MPA), These MPA are in addition to
the MPA permitted under A1.10.03.02, to a maximum of 30. If DH-100, DH-300
or CRJ-100/200 aircraft are added back to the CPA fleet, the number of MPA
shall decrease on a 2:1 ratio.
Within the limit of A1.10.03.02, the number of MJA that may be operated by all
CPA carriers combined is as follows:
1.10.03.04.01 As of August 31, 2014: 60
1.10.03.04.02 If the 2017 WJA Benchmark, as defined in the Memorandum of Agreement of
September 30, 2014 is achieved, one additional MJA may be added for each
CRJ-100/200 aircraft operated by CPA carriers as of August 31, 2014 that
has been reduced, but not replaced by an MPA configured with 70 seats or
more under A1.10.03.03, to a maximum of 80 MJA in the combined CPA
carrier fleet.
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 10
1.10.03.04.03 If the 2020 WJA Benchmark, as defined in the Memorandum of Agreement of
September 30, 2014, is achieved:
1. a maximum of 90 MJA may be operated in the combined CPA carrier
fleet.
2. One additional MJA may be added to the combined CPA carrier fleet of
90, to a maximum of 100, for every combination of one NJA and one-half
WJA that is added to the consolidated Air Canada and ACrouge fleet
beyond both the 90 NJA guarantee and the 95 WJA of the 2020
benchmark.
3. The CPA carriers may together operate more than 100 MJA on condition
that Air Canada is operating at least an equal number of both NJA and
WJA in the consolidated Air Canada and ACrouge fleet. Example: To
operate 101 MJA, Air Canada must operate at least 101 NJA and at least
101 WJA in its consolidated fleet; to operate 102 MJA, Air Canada must
operate at least 102 NJA and at least 102 WJA, and so forth.
1.11 Specialty Companies
A Specialty Company is any Affiliate of the Company dedicated to air carrier
operations within a narrower segment of the travel market than that in which Air
Canada operates, such as air cargo, leisure market, low cost carrier or charter
operations.
The Company or its Affiliates will not create or otherwise form any Specialty
Company without the express written consent of ACPA.
1.12 Wet Leasing
Wet Lease means the lease, contracting in or subcontracting in of an aircraft with
Pilot crew.
Wet Leasing will be utilized by the Company and/or Specialty Company only in
cases of a need for service to the public of a temporary nature where the Company
and/or a Specialty Company is unable to provide that service with Air Canada
Pilots.
The Company may elect to enter into a short term Wet Leasing arrangement with a
duration of less than 30 days. The Company and/or Specialty Company and ACPA
will mutually agree to a method of distributing the resulting Wet Lease pay credits.
Wet Lease pay credits will not be Flight Time limiting.
Wet Leasing for 30 days or more must be approved by ACPA.
In the event of a Wet Lease for 30 days or more, the Company will provide
compensation in accordance with the following:
An average crewing requirement for the wet leased aircraft will be determined
according to the stage length of the flights and the augmentation rules in this
Collective Agreement.
The appropriate comparator aircraft within the Collective Agreement will be
determined. In the event an exact comparator is not in the Collective
Agreement, the next smallest aircraft in the agreement will be used.
The number of wet lease flight hours will be determined based on the speed for
the comparator aircraft in the mileage pay provisions of this Collective
Agreement.
The hourly crew rate will be the pay rate for the average crewing requirement
using the pay rates for the comparator aircraft calculated at night rates.
The total compensation for the wet lease will be wet lease flight hours times the
hourly crew rate.
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 11
The wet lease compensation will be calculated on a monthly basis and will be
provided to ACPA to be divided amongst Air Canada Pilots that were active in
that month.
1.13 Franchise Arrangements
The Company will not enter into franchise arrangements with another air carrier on
flights originating from Canada or with a final destination in Canada without the
consent of ACPA.
1.14 Pilot Crew Interchange
The Company will not permit the use of Air Canada Pilots by another air carrier to
fly an aircraft operated by the other air carrier; or the use of Pilots of another air
carrier by Air Canada to fly an aircraft operated by Air Canada without the consent
of ACPA.
1.15 Realignment of Routes and Aircraft Purchase
Within 15 days of the decision by the Company or its’ Affiliates or a Specialty
Company to purchase, lease, park, or sell aircraft, or to realign routes presently
operated, whether by the addition or deletion of routes or segments of routes, the
Company will meet with ACPA for the purpose of discussing any conditions related
to such realignment.
1.16 Scope Committee and Information
It is understood that ACPA requires information in order for it to track the overall
effect that Codesharing, Capacity Purchase Agreement and Joint Venture
arrangements have on Air Canada Pilots. Furthermore, Air Canada recognizes the
important impact that these arrangements have on the career of Air Canada Pilots.
Consequently, it is in both parties’ mutual interest to exchange information and
discuss issues of mutual concern related to these arrangements.
The Company and ACPA agree to maintain a joint Scope sub-committee for the
purpose of exchanging such information and discussing such issues. Such
information will be exchanged at joint Scope sub-committee Meetings. The parties
will schedule meetings on a quarterly basis or as agreed by the joint Scope sub-
committee.
As a result, the Company will provide ACPA with full written disclosure of the
following information covering all commercial arrangements:
All present flights and frequencies.
ASMs by flight segment.
ATMs by flight segment.
All flight segments where commercial arrangements are in effect, showing the
combined number of ASMs and RTMs which are available, broken down into
frequencies operated by Air Canada and its’ Affiliates and frequencies operated
by the partner airline.
On the request of the Scope Committee, Air Canada shall provide once annually
or upon reasonable request information on the number of aircraft by type in
operation, heavy maintenance, spares, in Jetz operations, and on order, and
delivery and retirement schedules for Mainline, ACrouge and Regional
Replacement Flying fleets.
On the request of the Scope Committee, Air Canada shall provide once annually
or upon reasonable request the monthly frequencies on routes served by CPA
carriers and, if applicable, Mainline and ACrouge frequencies on such CPA
routes.
Any other information that is requested by ACPA and can be shown to be
necessary to monitor the impact of these arrangements on Air Canada Pilots.
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 12
The Company will provide ACPA with updates of the above information on a
quarterly basis by the 15th of February, May, August, and November of each year.
It is acknowledged that this commercial information is of a highly sensitive and
competitive nature and accordingly, ACPA agrees that any such information will not
be disclosed to any persons other than the MEC or Scope Committee members.
1.17 Interpretation
The provisions of A1 apply at all times and in all cases unless otherwise mutually
agreed between the parties and will be interpreted in accordance with the following:
Nothing in the provisions of A1 will be interpreted to cover transactions
(including mergers, acquisitions, divestitures, change of ownership or control)
that do not affect or are not likely to affect the Air Canada Pilots.
Statutory requirements will supersede any provisions contained in A1 that are
contrary to such statutory requirements.
Article 1 – Recognition & Scope (Rev. 4 – 30 Sep 17) 13
ARTICLE 2 – DEFINITIONS
2.01 General Interpretations
½ Day ½ Night (DN) – Pay composed of half day and half night rates.
Active Pilot – A Pilot as defined in A20.
Annual Overtime (AO) – Hours flown, excluding block growth, in excess of the
greater of DBM or 75.
APOS – Awarded Position.
Augmentation Pilot – A Captain or First Officer who is fully qualified on type and
who holds a current Position and whose duty it is to provide in-flight relief for the
operating Captain and First Officer in order to extend the flight duty period as per
A25.
Base – An airport designated by the Company from which pairings of scheduled
and non-scheduled flying begin and end.
Basic Crew – A 2-man crew composed of a CA-CA or CA-FO.
Bid Award – The process whereby Positions are awarded to Pilots in accordance
with a CMSC Review.
Block – An assigned or awarded schedule of flying which may include vacation
and/or training.
Block Credit – All credits that fall within a Block Period that are Flight Time
limiting. Events that are not Flight Time limiting are specifically identified throughout
the Collective Agreement.
Blockholder – A line Pilot, not on reserve, who currently holds a Block.
Block Period:
The Block Periods are defined as:
2.01.12.01.01 Jan – the period January 1 to January 30 inclusive (30 days).
2.01.12.01.02 Feb – the period January 31 to March 1 inclusive (30 days; in a leap year,
31 days)
2.01.12.01.03 Mar – the period March 2 to April 1 inclusive (31 days).
2.01.12.01.04 Apr- the period April 2 to May 2 inclusive (31 days).
2.01.12.01.05 May – the period May 3 to June 1 inclusive (30 days).
2.01.12.01.06 Jun – the period June 2 to July 1 inclusive (30 days).
2.01.12.01.07 Jul – the period July 2 to July 31 inclusive (30 days).
2.01.12.01.08 Aug – the period August 1 to August 30 inclusive (30 days).
2.01.12.01.09 Sep – the period August 31 to September 29 inclusive (30 days).
2.01.12.01.10 Oct – the period September 30 to October 30 inclusive (31 days).
2.01.12.01.11 Nov – the period October 31 to November 30 inclusive (31 days).
2.01.12.01.12 Dec – the period December 1 to December 31 inclusive (31 days).
Block Recovery – Flying assigned under the Pay Protection provisions of A32.03.
Captain (CA) – The Pilot who is in command of the aircraft and its crew members
while on flight duty, or a status as per A20.
CARS – Canadian Aviation Regulations.
Check-In - Duty Period Start time as per A25
Check Pilot (CP) – An Active Pilot who holds a Position and is assigned to check
pilot duties.
Chief Pilot – As per the Flight Operations Manual or his designate.
Article 2 – Definitions (Rev. 4 – 30 Sep 17) 14
Closing Time – The date that the CMSC declares that changes to a SPB or a new
bid will no longer be accepted for consideration during the associated Bid Award.
Co-terminal – Those airports serving the same metropolitan area into which the
Company operates.
Daily Average Earnings (DAE) – The total earnings of a Pilot’s previous 3 Block
Periods including applicable overseas and Nav pay divided by the number of days
in the 3 Block Periods. Calculation of the total earnings consists solely of the sum
of all Block Credits to a maximum of the greater of DBM or 80 hours for each Block
Period.
Daily Standard Credit (DSC) – The number generated by dividing the DBM by the
number of days in the Block Period and rounded up to the next whole minute.
Day Flying – All flying between 06:00 and 18:00 Standard Time. When changes in
the regional time occur in flight, the regional time at the station of last take-off shall
be used in computing the day and night flying time for that leg of the trip.
Designated Block Maximum (DBM) – The number of hours used when planning
Blocks.
Domestic Operations – All flying operations not specifically defined as Overseas
Operations.
DPG – Duty Period Guarantee (A13.15.02)
Draft – The assignment of a Pilot to flight duty for which he was not scheduled as
outlined in A30.
First Officer (FO) – An Active Pilot who is second in command of an aircraft and
its crew members while on flight duty and whose duty is to assist or relieve the
Captain, or a status as per A20.
Flight Instructor (FI) – An Active Pilot who holds a Position and is assigned to
flight instructor duties.
Flying Pay – Hourly base pay, hourly, mileage, gross weight, overseas and Nav
pay if applicable.
Flight Time – The elapsed time between the time the parking brake is released
just prior to pushback or engine start to the time the aircraft comes to a final stop at
its parking position and the parking brake is set.
Gender – Whenever the masculine gender is used, it shall be understood to mean
the masculine or feminine gender unless otherwise specifically stated.
Initial Operating Experience Training Captain (IOETC) – An Active Pilot who
holds a Position and who is selected to provide line indoctrination instruction.
Long Range Flying – Flying that crosses more than 4 one-hour time zones in a
single duty period.
Make-Up – Flying offered to and accepted by a Pilot under Step 2 of the awarding
process of A28.02.
Management Pilot (MP) – A Pilot as described under A4.04 who has been
assigned by the Company to a management position.
Minimum Block Guarantee (MBG) – Minimum Block credit dependent on DBM as
outlined in A26.
Night Flying – All flying between 18:00 and 06:00 Standard Time. When changes
in the regional time occur in flight, the regional time at the station of last take-off
shall be used in computing the day and night flying time for that leg of the trip.
Non Revenue Flight Operations Pilot (NRFOP) – An Active Pilot that has been
specifically trained to conduct NRFO operations.
Article 2 – Definitions (Rev. 4 – 30 Sep 17) 15
Operational Delays – Delays that are beyond the control of the air operator, such
as unforecasted adverse weather, equipment malfunctions and air traffic control
delays.
Optional 24 or 48 – One or two days that are requested off in conjunction with
vacation.
Overseas Operations – As defined in A12.
Pilot – A Captain, First Officer, Relief Pilot or Pilot-in-Training.
Pilot on Reserve (PoR) – A Pilot who holds a Reserve Block
Position – A Pilot’s flying position with reference to Base, Equipment and Status.
e.g. YZ B767 CA
Pre-selection – Awarding of open flying prior to normal awards.
Project Pilot (PrP) – An Active Pilot who holds a Position and is assigned to
project duties.
QPOS – Qualified Position.
Relief Pilot (RP) – A Pilot who holds a Relief Pilot Position and is utilized solely for
the purpose of providing in flight relief for the Captain and First Officer in order to
extend flight duty time as per A25, or a status as per A20.
Reserve Block – A schedule comprised solely of reserve duty periods and days
off, and may include training, OE or vacation.
Reserve Off-Duty Days:
Guaranteed (G) Day – A 24 hour off-duty period which shall not be subject to
change, except as provided in A29.
Tentative (T) Day – A 24 hour off-duty period which may be subject to change
as provided in A29.
Optional (O) Day – A 6 hour or 24 hour off-duty period which may be subject to
change and/or during which a Pilot may choose to work as provided in A29.
Service as a Pilot – Shall start to accrue on a Pilot's date of employment as a
Pilot.
Sick Hold – The ability of a Blockholder who is sick, or anticipates that he may
become sick, to hold his pairing or flight that passes through home Base until a
pre-determined time prior to departure as outlined in A31.
Status – A Pilot’s assigned classification of Captain, First Officer or Relief Pilot.
Stick Time – Flight Time as an operating crew member.
System Seniority – Seniority as defined in A4.
Time Periods in the Collective Agreement – Time periods in the Collective
Agreement that have a start and end time will include the minute shown as the start
time and exclude the minute shown as the end time. These time periods will be
shown as “between a given hour: minute and a given hour: minute”. E.G. 1: a flight
that departs at 17h00 and arrives at 18h00 is considered 1 hour of Daytime flying.
E.G. 2: A duty period that ends at 00h00 is completed in the previous calendar day.
Time Away From Base (TAFB) – The time period commencing at the start of the
first duty period in a pairing and ending at the termination of the last duty period in
that pairing.
TTG – Trip Time Guarantee (A13.15.03)
Voluntary Overtime (VO) – A complete pairing awarded at Step 4 of the Open
Time Awards.
Voluntary Overtime Cold Call Award (VO Cold Call) - VO flying awarded once
all the procedures of A28 Step 4 have been exhausted. CS will award the flying as
per A30.
Article 2 – Definitions (Rev. 4 – 30 Sep 17) 16
ARTICLE 3 – DURATION AND EFFECTIVE DATE
3.01 This Agreement, including the Letters of Understanding and Letters of Commitment
attached, will become effective and binding beginning on September 30, 2017, and
shall not have retroactive effect except where indicated, and will continue in full force
and effect until September 29, 2020.
3.02 This Agreement will renew itself in accordance with the Memorandum of Agreement of
September 30, 2014, which Memorandum is incorporated by reference into the
present Collective Agreement to the extent it is applicable.
3.03 Following the termination of the Memorandum of Agreement, this Agreement will
renew itself without change each succeeding year, unless written notice of intended
change is served by either party within 4 months prior to the expiry date. In the event
that notice is given of intended change, the Agreement will remain in full force and
effect while negotiations are being carried on for the arrangement of a further
Agreement.
Article 3 – Duration and Effective Date (Rev. 4 – 30 Sep 17) 17
ARTICLE 4 – SENIORITY
4.01 Establishing Seniority Date
Effective for Pilots hired after November 1st, 2010 the seniority date will be his date
of employment as a Pilot. When 2 or more Pilots are employed on the same date,
their respective positions on the Pilots' System Seniority List will be decided by
lottery. For Pilots hired prior to November 1st, 2010, the seniority date will be the
date on which he was designated and received remuneration as a Pilot.
For greater clarity, in the event of any future declaration of common employer
status and/or declaration of sale of business; purchase or merger of airlines or
parts thereof; or other combination of flying operations under the Company, the
seniority of employees who are to be added to the seniority list as a result of such
an event will commence no earlier than the date of the issuance of any CIRB order
regarding the declaration of common employer status and/or sale of business, the
date of the future purchase or merger of airlines, or the date of such other future
combination of flying operations, as the case may be.
4.02 Application of Seniority
System Seniority will govern all Pilots in matters of a system-wide nature, including
their choice of Base assignments, their retention in the event of a reduction in
force, and their subsequent re-employment after furlough due to such reduction.
System Seniority will govern Pilots in all matters, including promotion or demotion,
assignment or reassignment due to expansion or reduction in schedules, block
awards, vacation awards, application of the scheduling rules, and choice of
equipment assignments, provided the Pilot is sufficiently qualified for the conduct of
the operation involved.
Loss of Seniority – Any Pilot once having established a seniority date hereunder
will not lose that date except by termination of employment as a Pilot with the
Company, or as otherwise provided in A4.04.
4.03 Pilots’ System Seniority List
Pilots' System Seniority List – The Company will maintain the “Pilots' System
Seniority List”, which will specify the seniority number, name, and seniority date of
all Pilots entitled to seniority. The seniority date of new Pilots added to the Seniority
List will be established in accordance with the provisions of A4.
The Company will, by January 31st of each year, post electronically, a copy of the
Pilots' System Seniority List, brought up to date to include changes or additions
which have occurred since the posting of the previous list.
Seniority Protests – A Pilot will be permitted a period of 60 days after any posting
of the Pilots' System Seniority List each year in which to protest to the Company
any omission or incorrect posting affecting his seniority.
A Pilot on leave or away from his Base station at the time of posting of the list will
have a period of 30 days from the date of his return to his Base station during
which to file such protest.
Any incorrect posting or any other discrepancy which went unprotested on the
annual Seniority List in which it first appeared will not be protested on any
subsequent annual posting except that typographical and clerical errors may be
corrected at any time.
Retention of Seniority – Medical – A Pilot who is medically unfit will not have his
name removed from the Pilots' Seniority List until he is no longer employed as a
Pilot by the Company.
Article 4 – Seniority (Rev. 4 – 30 Sep 17) 18
4.04 Management Pilots
Only Pilots on the Air Canada Pilots’ System Seniority List may hold Management
Pilot positions with the Company.
A Pilot posted to Management Pilot duty will retain and continue to accrue
seniority, provided such Pilot maintains at all times the airman's certificate or
certificates required for his status. If such Pilot will permit such certificate or certifi-
cates to lapse, he will retain the seniority already accrued to the time of such lapse
and will have a period not to exceed one year in which to regain such specified
certificate or certificates. If he does so regain such specified certificate or certifi-
cates within one year, his seniority will recommence to accrue from the date his
certificate or certificates are so regained.
When a Pilot is posted to Management Pilot duty on account of sickness or injury
or becomes sick or injured while on such duty, he will retain his seniority during
such period of sickness or injury regardless of whether or not he is able to maintain
his airman's certificate or certificates required for his status, until he is able to
return to flying duty or is found to be unfit for such duty for a continuous period of 3
years unless extended by mutual agreement between the Company and ACPA.
Article 4 – Seniority (Rev. 4 – 30 Sep 17) 19
ARTICLE 5 – PROBATION
5.01 General
The probationary period for a Pilot commences on his date of employment as a
Pilot.
A Pilot will normally be on probation until the completion of the probationary
release process, which includes the Pilot’s first annual line check or, for a Pilot
assigned a seasonal position in accordance with A20.03.07, the start of his
subsequent training course. In special circumstances, the probationary period may
be extended up to an additional 6 months and in such case, the Pilot concerned
and ACPA will be advised by the Company in writing stating the reasons for the
extension and its duration.
5.02 Captain Upgrade
5.02.01 Notwithstanding A5.01.02, a Pilot will be released from probation prior to the
commencement of any Captain Upgrade course.
5.03 Probationary Pilots – Training General
5.03.01 This Article applies to all pilots who have not been released from probation. In
addition, the following provisions of A21 continue to apply to probationary pilots:
A21.01.01 to A21.01.03, A21.01.10, A21.01.12, A21.01.13, A21.01.16, A21.01.17,
A21.01.18, A21.01.20, A21.01.22, A21.01.23, A21.01.24 and A21.01.25. After a
successful initial OE/line check and a pilot has been assigned a base A21.01.04 to
21.01-09 will apply.
5.03.02 Prior to the successful initial OE/line check. A pilot will be entitled to 2 consecutive
days off out of each 7 days while in ground school, simulator or flight training.
These days off will be from midnight to midnight.
5.03.03 A pilot required to complete a crew complement in the simulator will not have his
performance formally assessed. If it is apparent the Pilots performance is
substandard the Pilots will be advised of the situation and given an opportunity to
demonstrate his competence. In the event the Pilot is unsatisfactory, the Pilot will
be handled in accordance with A5.04.
5.03.04 A pilot assessed as unsuccessful during a voluntary move from a Relief Pilot or
First Officer initial training to another position (other than Captain or Seasonal RP)
will have the option of either completing the applicable steps in A5.04 or returning
to his previous Position any time after his first failure but prior to any further training
or checking event. In the event of an involuntary move A21.04.01 will apply. In
either case, if the pilot successfully requalifies to his previous position,
A21.02.01.06 to A21.02.01.08 will apply.
5.03.05 The Company will publish the Training Boundary Guidelines applicable to
probationary pilots, for each fleet type and position, in a location readily accessible
to all pilots and ACPA. If these Guidelines are amended or replaced, the Company
will notify ACPA and publish the new Guidelines as soon as practicable.
5.03.06 Probationary Pilots who have not yet been assigned a base shall be provided hotel
accommodations if their place of residence is more than 30 km from the training
location. In the event that the Pilot declines the offer of hotel accommodations, the
Pilot shall be provided $25 per night.
5.03.07 Given the importance of internet during initial training, without prejudice to the
MASC provisions of the Collective Agreement, the Company recognizes the need
Article 5 – Probation (Rev. 4 – 30 Sep 17) 20
for satisfactory internet services (in-room and adequate speed) in the training hotel
such that training modules can be completed in a reasonable time.
5.03.08 A Pilot may, at Company discretion, be scheduled for simulator training, excluding
briefing and de-briefing, between 01:00 and 07:00. Training during this period will
be kept to a minimum. A key factor used for scheduling SIMs will be to minimize
checking events during this period. Any unsatisfactory assessment received on a
checking event during this period will not be counted as such by Air Canada,
however, Transport Canada may be advised of the failure.
5.03.09 Simulator crewing will normally be completed with a crew combination of CA/FO or
RP/RP in accordance with 21.01.20 and 21.01.21. It is understood that it may be
necessary to schedule probationary pilots with a crew complement of FO/FO. As
such, the Company and ACPA agree that the first unsatisfactory checking event
with a complement of FO/FO will not be counted as such by Air Canada, however
Transport Canada may be advised of the failure.
5.04 Probationary Pilots – Training and Checking – Failure Handling Procedures
5.04.01 When a Pilot’s performance is assessed as unsatisfactory or incomplete, the Pilot
and ACPA will be provided written notice.
5.04.02 The written notice to ACPA will expressly identify if the pilot is a probationary pilot.
The notice will also provide enough detail for ACPA to understand the stage of
training and the issue that gave rise to the unsatisfactory or incomplete notice.
5.04.03 The written notice to ACPA will usually be provided within 1 business day of the
event giving rise to the unsatisfactory or incomplete.
5.04.04 Following receipt of the notice, a meeting will be convened with the Chief Pilot, or
designate, the Pilot, and an ACPA representative. As part of the meeting the Pilot
will be informed of the reason(s) for the notice. Further, the interview will include a
discussion of the potential circumstances that gave rise to any training concerns
and the training plan going forward.
5.04.05 In training or checking the Pilot candidate will have the option of requesting that a
different CP, FI, MP or Transport Canada CP will conduct the training or checking
as applicable.
5.04.06 In addition, the Pilot candidate will have the option of requesting a different training
partner, which could include another new hire, sim volunteer or Contract Instructor.
Such requests will be discussed with the fleet manager or Chief Pilot and will not
be unreasonably denied.
5.04.07 If there is a second “unsatisfactory” assessment an appropriate medical evaluation
will be completed to determine if a medical condition exists and is a contributing
factor to the candidate’s performance. Following the medical evaluation and a
determination that the pilot is fit to resume training, a second meeting, as set out in
5.04.04, will be held.
5.04.08 If, as a result of this medical evaluation, the Pilot is assessed as unfit, the Pilot will
be placed on medical leave until such time as the Pilot is considered fit to resume
training.
5.04.09 Following the first unsatisfactory assessment with a complement of FO/FO, a
second SIM session will be scheduled. If the Pilot is unable to achieve the
appropriate standards, he may receive an unsatisfactory assessment during the
second SIM session.
Article 5 – Probation (Rev. 4 – 30 Sep 17) 21
ARTICLE 6 – FLIGHT SAFETY
6.01 Accident and Incident Investigation
When a Pilot is involved in an accident or incident related to the operation of an
aircraft while on duty, he may be held out of service pending the outcome of any
investigation into the accident or incident undertaken by the Company, Transport
Canada or the Canadian Transportation Accident Investigation and Safety Board.
When held out of service, the Pilot and ACPA will be so notified in writing
within 7 days along with the reasons.
When the investigation is undertaken by the Company, the officers involved will
make every attempt to issue a final report within 3 months.
Both the Pilot involved and ACPA will be given the opportunity to participate fully
in the investigation, will be informed on a regular basis on the course of such
investigation and will be provided with a copy of any interim or final reports.
A Pilot held out of service pending the outcome of an investigation will be paid and
will receive Block Credits for the flights in his Block as if flown according to
schedule. A Pilot not holding a Block will be paid and will receive Block Credits at
the rate of 2h40 per day DN.
When disciplinary or discharge action is considered following the issuance of an
accident investigation report, satisfactory to the Company, the provisions of A7 will
be applied from such date of issue.
Prior to any form of investigation or interrogation by the Company following an
accident or incident, the Pilots will make themselves available and will be afforded
a medical examination and the results will be made available to the Company and
Pilots.
In cases involving aircraft accidents, Pilots will not be required to commit
themselves orally or in writing to officials of the Company for a period of 24 hours
following the accident unless they have the opportunity to be represented by
ACPA.
Throughout this procedure the Pilot involved and/or his designated ACPA
representative(s) may, upon request, review any information contained in his files
in conjunction with a designated representative of the Company.
6.02 Representation During Accident Investigation
During accident investigation, the Pilot or his duly accredited representative or
representatives will have access to any information that may affect the Pilot's
status. An ACPA representative will be part of the Company investigation team.
6.03 Aircraft Electronic Recording & Reporting Devices
The parties agree that the use of electronically recorded flight data can be used to
enhance flight safety, provide relevant and accurate information to assist in
accident/incident investigation, as well as to provide economic savings through
preventative maintenance and enhancements to Standard Operating Procedures
(SOPs).
It is agreed that no electronic recording and reporting devices of any kind, and no
recorded data obtained or derived from the Cockpit Voice Recorders (CVR), Flight
Data Analysis (FDA), Flight Data Recorder (FDR), ACARS, Video Recorders,
Quick Access Recorders (QARs) or any Flight Safety Program will be employed to
monitor, nor to electronically check, the judgement and/or ability of any individual
Pilot. This does not preclude the use of de-identified information in the interest of
flight safety, maintenance integrity programs or aircraft manufacturer assessment
programs in a manner mutually agreeable to the Company and ACPA.
Article 6 – Flight Safety (Rev. 4 – 30 Sep 17) 22
No information or data derived, developed or obtained from or as a result of a
Flight Safety Program utilising Aircraft Electronic Recording and Reporting Devices
will be used by the Company, the Pilots, or ACPA in any civil, administrative, penal,
criminal, disciplinary, discharge or termination action or proceeding of any kind. Nor
will any data or information obtained as a result of knowledge derived from a Flight
Safety Program utilising Aircraft Electronic Recording and Reporting Devices be
used, nor permission granted for use, as the basis of, or in justification of any such
civil, administrative, penal, criminal, discipline, discharge or termination action or
proceeding of any kind.
The Company agrees to make available to ACPA, upon request by the MEC
Chairman, reasonable pertinent stored data relevant to ACPA's interest in flight
safety. No data obtained or derived from a Flight Safety Program identifying a Pilot
or crew will be released without the permission of all persons so identified.
It is agreed that no recording devices, for Flight Safety or maintenance purposes
not utilized in the Company's aircraft, will be installed without mutual agreement of
the Company and ACPA.
The parties agree that the following procedures will apply in order to ensure a
mutually satisfactory usage of information from any Flight Safety Program utilising
Aircraft Electronic Recording and Reporting Devices. These procedures are subject
to the obligations of the parties to comply with government regulations.
Cockpit Voice Recorders will only be used under a Flight Safety Program as
mutually agreed by the Company and ACPA.
The Company will ensure that Cockpit Voice Recorders will have an operable
means of erasure at the termination of flight.
Prior to usage for maintenance purposes, the Cockpit Voice Recorder tape will be
completely erased.
The Company will use its best efforts to ensure the security of Cockpit Voice
Recording equipment against unauthorized removal and/or playback.
When Cockpit Voice Recorder data is retrieved by the Company under the program
for other than maintenance purposes, or any other mutually agreed safety
programs, both the Captain and ACPA will be notified.
6.04 Flight Data Analysis (FDA)
It is agreed that programs to read routinely recorded data, for the FDA program or
maintenance purposes, will not be introduced without mutual agreement of the
Company and ACPA.
The design, implementation and operation of any FDA program will be by mutual
agreement between the Company and ACPA. A joint Company and ACPA FDA
Monitoring Committee will oversee the FDA program and establish necessary
policies and procedures as required.
The design, implementation and operation of any FDA program will ensure that any
data obtained or derived from the FDA program will be de-identified in such a
manner to guarantee that the identity of any Pilot will not be known to anyone,
except to a specified ACPA representative who, under the terms of a FDA
program, may determine the identity of the Pilot in the pursuit of enhancing flight
safety.
It is agreed that any data obtained or derived from a FDA program will be kept or
stored only in an aggregate (combined) form. Raw, flight-specific data will not be
shared with a third party and will be destroyed after being added to the aggregate
record.
It is agreed that data obtained or derived from a FDA program will not be employed
by Air Canada to monitor, nor to electronically check the judgement and/or the
ability of individual Pilots.
Article 6 – Flight Safety (Rev. 4 – 30 Sep 17) 23
It is agreed that fuel burn or any other data derived from DataPlus (ACARS) will not
be employed to monitor, nor to electronically check the judgement and/or the ability
of individual Pilots. Any use of Data plus information for the purpose of fuel
management will utilize methods that are mutually agreed by the Company and
ACPA.
6.05 Voyage Report Distribution
Flight Operations will forward a copy of all categorized Voyage Reports and
categorized incident reports to ACPA if requested to do so by the individual Pilots.
The Voyage Report form will include a distribution box for forwarding to ACPA.
All Voyage Reports requested to be copied to ACPA will be forwarded to ACPA
Headquarters, ATTN.: MEC Chairman.
Article 6 – Flight Safety (Rev. 4 – 30 Sep 17) 24
ARTICLE 7 – DISPUTE RESOLUTION
7.01 ACPA Representation
The Company must advise ACPA in advance of any scheduled meeting or
interview to discuss a Pilot’s performance, or that might have disciplinary
consequences. Pilots are entitled to have ACPA representation at any such
meeting.
When a Pilot is called to a mandatory meeting by the Company on a day not
scheduled for duty pursuant to A7.01.01, including any meeting or interview to
discuss a Pilot’s performance, an incident or accident, potential discipline,
attendance issues, alleged harassment, or any investigative meeting the following
will apply:
Meetings will be paid at a minimum of 2 hours to a maximum of 4h25 DN,
including Overseas and Nav Pay. These hours are not flight time limiting and
are not part of the MBG, provided however that such pay to a PoR will be part of
his MBG when scheduled for a meeting on a Reserve day. Notwithstanding the
foregoing, should a PoR break MBG, the PoR shall be provided the above credit
in addition to their Flight Time credit.
In the event that a Pilot is called in for a meeting on a duty day, the Company
shall extend the duty period for the duration of the meeting or one hour,
whichever is greater, and TTG and DPG provisions will apply for pay and Flight
Time purposes.
For clarity, A7.01.02.01 does not apply in the event that the Pilot has already
been displaced, is covered by pay protection (including the pre-assignment
window outlined in A32.03), or in the event that the Pilot has been held out of
service with full pay and credit pursuant to A7.04.01. When a Pilot is covered by
pay protection, A7.01.02.01 shall not apply where the Company has attempted
to schedule the meeting within the period of pay protection but the Pilot or the
Association are not available.
For further clarity, the above is not applicable to voluntary meetings, including
telephone conversations, when a Pilot is not entitled to ACPA representation or
to meetings requested or scheduled by the Pilot or the Association.
7.02 Personnel Records
The Company will maintain one file containing information relating to items of a
personnel nature for each Pilot. A Pilot will be advised prior to having any material
of any adverse, unfavourable or disciplinary nature placed in this file. Upon
request, best efforts will be made by the Company to allow for a Pilot to review this
file, in the presence of Management, within 10 business days of such request or
such earlier period as is practicable in the circumstances.
Any adverse or unfavourable record, including past discipline, will automatically be
deleted from a Pilot’s file and will not be referred to or relied upon after a period
of 24 months of active service from the date of the letter.
7.03 Grievance Procedure – General, Discipline or Discharge
Steps 1 and 2 below may be combined into a single step by mutual consent.
A Step 1 grievance will be heard by the Chief Pilot or his designated
representative from Flight Operations.
A Step 2 grievance will be heard by the Chief Executive Officer or his
designated representative.
Grievances under this Article may be initiated by any Pilot who considers himself
aggrieved, with the concurrence of ACPA.
Grievances may be initiated by ACPA on behalf of any Pilot.
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 25
Grievances of a general or policy nature may be initiated by ACPA at Step 2, or by
mutual agreement directly to Arbitration.
Grievances resulting from unresolved Pay Claims will be initiated at Step 2.
Grievances should be filed in writing within 30 calendar days of a Pilot having
reasonable knowledge of the occurrence of the facts giving rise to the grievance, or
when a Pilot has been suspended or dismissed, from the date of receipt of the
notification of discipline or dismissal. It is not intended that this limitation will
preclude claims arising out of bookkeeping or clerical errors.
7.04 Grievance Procedure – Discipline or Dismissal
When discipline or dismissal is contemplated, ACPA will be informed in writing and
the Pilot involved may, where necessary, be held out of service with full pay and
credits pending investigation for up to 7 calendar days, or longer by mutual
agreement between ACPA and the Company, in order to provide the Company
with sufficient time to investigate and consider all factors involved. Where no action
is taken, ACPA and the Pilot will be notified, in writing, when the Pilot is to be
returned to the line.
When disciplinary action is taken, the Pilot and ACPA will be notified in writing
along with the reasons for such discipline and informed of the Pilot’s right to
appeal.
When dismissal is considered, the Pilot will be suspended pending dismissal and
notified along with ACPA of the reasons for such dismissal in writing and informed
of the Pilot’s right to appeal.
7.05 Grievance Procedure – Process
Any Pilot who considers himself aggrieved and who has first attempted to obtain a
satisfactory settlement with his immediate supervisor, or who has been disciplined,
suspended or dismissed and who considers himself unjustly dealt with, may grieve
in writing outlining both the nature of the grievance and the facts involved.
Throughout this procedure the Pilot involved will be represented by ACPA.
The foregoing notice requirements will not be interpreted so as to restrict
consideration of all relevant facts.
7.06 Grievance Procedure – Time Limits
The following will apply at all Steps of the grievance procedure.
A grievance hearing will be held within 10 calendar days of receipt by the Company
of a written notice of grievance, or of receipt of notice of appeal.
If no agreement is reached at a Step 1 or Step 2 grievance meeting, the Company
will deliver the decision in writing, including the reason(s), to the Pilot and ACPA
within10 calendar days.
Appeals should be lodged in writing within 10 calendar days of receipt of any
decision.
Where the procedures outlined above have been exhausted, ACPA may initiate the
Arbitration procedure within 30 days of receipt of the final Company decision.
The time limits specified above may be extended by mutual agreement in writing.
7.07 Grievance Procedure – Rights and Obligations
By mutual agreement, employee witnesses called by ACPA will be granted time off
with pay subject to the requirements of the service and will be provided with a
positive space business pass for transportation to and from the hearing.
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 26
Throughout this procedure, the Pilot involved and/or his designated ACPA
representative may, upon request, review any information contained in his files in
conjunction with a designated representative of the Company.
If requested, the Company will provide the Pilot with 2 copies of all documents
relative to such grievance in his file
If at any step of these procedures, including arbitration, the Pilot is fully exonerated,
his record will be cleared of the charges against him, and he will be reinstated
without loss of seniority or pay.
7.08 Arbitration – General
The parties may submit any matter to a single Arbitrator for determination in
accordance with the provisions of this Article. If the parties cannot agree on an
arbitrator within 15 days, either party may request the Minister of Labour to appoint
a single arbitrator.
7.09 Arbitrator’s Jurisdiction and Procedures Authority
The Arbitrator or Board of Arbitration will have jurisdiction to consider any matter
properly submitted to it under the terms of this Agreement.
The Arbitrator or Board of Arbitration will have no jurisdiction to alter, modify,
amend or make any decision inconsistent with the terms of this Agreement.
The Arbitrator or Board of Arbitration will establish its own procedure having due
regard to the requirements of natural justice.
The Arbitrator or Board of Arbitration will make every effort to render a decision
with the minimum delay and in no case more than 3 months from the date of the
final hearing.
7.10 Arbitrator’s Authority
The Arbitrator or Board of Arbitration will in the case of a grievance appeal have
the authority to render any decision that it considers just and equitable.
In the case of disciplinary or dismissal appeals, the Arbitrator or Board of
Arbitration will have the authority to determine whether the disciplinary or dismissal
action taken by the Company was for just and proper cause.
In such disciplinary or dismissal appeals, the Arbitrator or Board of Arbitration may
uphold the Company's final decision, fully exonerate and reinstate the Pilot with
pay for all time lost or render such other decision as it considers just and equitable.
Where a Board of Arbitration is appointed, a majority decision will constitute the
decision of the Board, but failing such majority, the decision of the Chairman will
govern.
A decision of the Arbitrator or Board of Arbitration will be final and binding on
ACPA, the Pilot and the Company.
7.11 Obligations
Throughout this procedure, the Pilot involved and/or his designated ACPA
representative may, upon request, review any information contained in his files in
conjunction with a designated representative of the Company.
If requested, the Company will provide the Pilot with copies of all documents
relative to the case in his file.
All employee witnesses called by the Arbitrator or Board of Arbitration or the Pilot
will be granted time off with pay subject to the requirements of the service and will
be provided with positive space business passes for transportation to and from the
hearing.
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 27
The expenses incurred by the Arbitrator or Chairman of the Board of Arbitration will
be borne equally by each party.
Where a Board of Arbitration is appointed, each party will assume the expenses
incurred by its own appointee.
The provisions of this Article will not in any way limit restrict or abridge any rights or
privileges accorded either party according to the law.
7.12 Expedited Arbitration
By mutual consent, or when otherwise identified, the parties may submit any
grievance to expedited arbitration in accordance with the provisions contained
herein.
Within 7 days of agreeing to refer a grievance to expedited arbitration the parties
will agree on an arbitrator.
Grievances referred to expedited arbitration will be scheduled within 90 days of
selection of the arbitrator
All presentations will be short and concise and are to include an opening
statement. The parties agree to make limited use of authorities during their
presentations.
The parties will equally share the cost of fees and expenses of the arbitrator.
The Arbitrator will have the jurisdiction to assist the parties in mediating a
resolution of the grievance or to deliver a decision that will be binding on both
parties. The Arbitrator will have no jurisdiction to alter, modify, amend or make any
decision inconsistent with the terms of this Agreement. In the case of a disciplinary
hearing, the Arbitrator may dispose of the matter in a manner that he deems just
and equitable.
Both parties agree that no outside legal counsel will be retained to present
grievances to expedite grievances under this Article.
All time limits outlined in this Article are subject to extension by mutual agreement
of the parties.
7.13 Pay Claims Procedures
The following procedure is to be used in the handling of claims of pay and
scheduling irregularities, including training;
The Pilot has 45 days from the date of the flight or scheduling irregularity giving
rise to the claim to submit the claim to the Company. It is not intended that this
limitation will preclude claims arising from bookkeeping or clerical errors.
Step 1: The Pilot should initially attempt to resolve the claim between himself
and Crew Scheduling
Step 2: Failing to resolve the claim at Step 1, the Pilot should submit a claim to
the Chair of the ACPA Scheduling and Pay Claims Committee. If the Chair of
the ACPA Scheduling and Pay Claims Committee or his designate agrees with
the claim it will be submitted to the General Manager of Crew Scheduling. If the
pay claim is denied by the Company it will be submitted to Step 2 of the
Grievance Process.
7.14 Pay Claims Awarded to ACPA
Pay claims awarded to ACPA will be credited to Pilots by any method mutually
agreed to by the Company and ACPA.
7.15 Flight Awarding Error
In cases where Crew Scheduling errs by awarding or assigning a flight to the
wrong Pilot the following will apply:
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 28
If the error is corrected at least 3h15 prior to departure time, there is no claim; or
If the error is not corrected at least 3h15 prior to flight departure, both Pilots will
be paid for the flight and the Pilot who should have been awarded the flight(s)
will be paid the greater of the flight(s) he operated or the flight(s) he should have
been awarded.
No VO or Draft premiums shall apply to a flight awarding error.
Hours awarded as a result of a successful pay claim will be added to the Pilot’s
accrued AO as applicable.
7.16 Joint Onerous Pairing Evaluation Committee (JOPEC)
JOPEC will evaluate and, where necessary, alter any pairing(s) considered
onerous by the operating crew(s).
The JOPEC will consist of three members from ACPA and three members from the
Company, at least one being a MP. The JOPEC will consult with any specialist in
the area of Health and/or Fatigue Identification/ Management as the Committee
considers necessary.
Procedure:
When a crew operates a pairing they consider to be onerous they will notify their
Chief Pilot through the Flight Crew Reporting (FCR) system. All FCR’s
identifying alleged onerous pairing(s) will be passed on to the ACPA Chair of the
JOPEC immediately on receipt by the Company.
JOPEC will convene a meeting within 10 calendar days of receipt of a FCR to
address the pairing(s).
A pairing which is deemed by JOPEC to be onerous will be returned to the
System Pairing Analyst for immediate rectification.
If due to time or flight crew constraints the pairing cannot be changed it will be
flown for a maximum of one full Block Period after the FCR notification.
A pairing which is deemed by JOPEC not to be onerous will remain active and
the crew will be so advised. The crew will be given the option of an appeal
before JOPEC.
Based on the guidelines, reference material or any additional material agreed to
by the Committee and with due recognition of Flight Safety and the continuing
need for pairing efficiency, agreement within JOPEC will not be unreasonably
withheld.
7.17 Onerous Pairing Resolution Procedure
If unable to resolve the pairing dispute, the JOPEC will advise the offices of the
Vice President, Flight Operations and MEC Chairman of the reason(s), as well as
recommendations for resolution of the onerous pairing(s).
The Vice President and the MEC Chairman will resolve the pairing(s) in dispute or,
failing resolution, send the dispute to a subject matter expert agreed to by the
parties for an expedited final resolution.
Assessment Criteria:
When assessing the fatigue component of a pairing(s) the following factors will
be considered individually and cumulatively with due regard to applicable
references:
7.17.03.01.01 Departure/arrival times
7.17.03.01.02 Number of landings
7.17.03.01.03 Time on duty (including flight deck duty time)
7.17.03.01.04 Flight crew relief requirements
7.17.03.01.05 Window of Circadian Low (WOCL)
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 29
7.17.03.01.06 Deadheading – Prior to/after
7.17.03.01.07 Off duty rest period
7.17.03.01.08 Airport and/or Hotel Location
7.17.03.01.09 Crew Base Time Zone (Acclimatization considerations)
7.17.03.01.10 Variation between individual biological clocks
7.17.03.01.11 Nutritional requirements
7.17.03.01.12 Whether reporting time of a flight or flights should be longer than 1h15
Reference Documents:
7.17.03.02.01 In recognition of published scientific data and guidelines relating to flight crew
fatigue management, when the committee is required to approve a pairing
that was considered onerous by the operating crew(s), its evaluation will be
based on, but not restricted to, the regulations, guidelines and limitations
contained in the Collective Agreement, Canadian Aviation Regulations
(CARs), fatigue software and any studies or papers addressing health and/or
fatigue identification/management.
7.18 Window of Circadian Low (WOCL)
The hours between 02:00 and 06:00 for individuals adapted to a usual day-
wake/night-sleep schedule. For flight duty periods that cross 3 or fewer time zone
boundaries, the WOCL is between 02:00 and 06:00 home Base time. For flight duty
periods that cross 4 or more time zone boundaries, the WOCL is between 02:00
and 06:00 home Base time for the first 48 hours only. After a crew member
remains more than 48 hours away from his/her home-Base, the WOCL is
between 02:00 and 06:00 local time at point of departure.
To become acclimatised a flight crew member must achieve three consecutive
local nights free of duty and be able to take an uninterrupted night's sleep in a
single time zone. The flight crew member will be considered acclimatised until
he becomes acclimatised to another time zone or becomes non-acclimatised by
finishing his duty at a place where the local time differs by more than 3 hours
from that to which he is acclimatised. For the purposes of this Article, ‘local
night’ is considered to be the period between 22:00 and 08:00 local time.
7.19 Disputed Pairing Resolution Procedure
Pairings will be forwarded to the ACPA Scheduling and Pay Claims Chair as soon
as they have been completed to ensure contract compliance. The following
procedure will be followed for any disputed pairing(s):
The Joint Scheduling and Pay Claims Committee will, within 10 calendar days,
attempt to resolve the disputed pairing.
Should the Joint Scheduling and Pay Claims Committee be unable to agree on the
contract interpretation or resolve the pairing error (if applicable), the interpretation
or pairing error will be referred to expedited arbitration in accordance with A7 for
final resolution.
The disputed pairing will be flown until the earlier of a Joint Scheduling and Pay
Claims Committee resolution, an expedited arbitration decision, or one full Block
Period after notification.
Article 7 – Dispute Resolution (Rev. 4 – 30 Sep 17) 30
ARTICLE 8 – LEAVE OF ABSENCE
8.01 General
When requirements permit, a Pilot, upon written request to the Chief Pilot, through
his manager, with a copy to ACPA, may be granted Leave Of Absence (LOA)
without pay for a period of up to 12 months. ACPA will be notified of any approved
LOA of a duration greater than 30 days. A LOA may be greater than 12 months or
extended beyond 12 months by mutual agreement between ACPA and the
Company.
The Chief Pilot may, at his discretion, give a Pilot on a LOA special permission to
engage in other employment while on leave provided such employment is not
considered a conflict of interest with the Pilot’s responsibilities to Air Canada.
In a case of sickness or injury, a Pilot who is not eligible for sick leave or GDIP
benefits will be granted a LOA until such time as he is able to return to flight duty.
In no case will a LOA for sickness or injury exceed a total continuous period of 3
years unless extended by mutual agreement between the Company and ACPA.
In the event of a national emergency, a Pilot volunteering with Company consent,
or ordered to extended military service, will retain his seniority date, pension,
accumulated sick leave and bid status.
A Pilot will retain his seniority date and accrue seniority, but not service, during a
LOA.
A Pilot returning from a LOA will have Flight Time limitations applied prorated to the
number of days remaining in the Block Period.
8.02 Bereavement Leave/Leave for Compassionate Care
Leave for Compassionate Care and/or Bereavement leave is not sick leave.
Provisions for bereavement/compassionate care leave are outlined in Policies and
Procedures in ACAeronet. For other personal reasons, time off may be arranged
through the Pilot’s manager.
8.03 Residual Rights from Special Leave of Absence Programs (LOU 68)
Pilots currently on any Special Leaves of Absence will be protected by any and all
rights afforded under the Collective Agreements between Air Canada and the Air
Canada Pilots Association, effective April 2, 2000 – July 1, 2009, and effective
July 2, 2009 – March 31, 2011, specifically any provisions that apply to LOU 68.
8.04 Voluntary Block Reduction (VBR)
A Pilot who wishes to apply for a VBR must inform Crew Planning in writing not
less than 30 days prior to the commencement of the requested VBR Block
Period(s). Granting of the request will be at Company discretion and will be
awarded to Pilots in seniority order based on qualifications and requirements. Once
granted, the VBR may only be cancelled by mutual agreement between the
Company and ACPA.
A Pilot on VBR will have a PBS start credit up to DBM minus 45 hours. The Pilot
will then be scheduled for the remaining flying, vacation and training credits. Flying
will be awarded in accordance with the Pilot’s bid preference and seniority.
Pilots may not plan their block reduction less than any scheduled vacation and/or
planned training in any VBR Block.
A Blockholder on VBR will be subject to Pay Protection in accordance with A32
except that the Pilot will have no right to refuse.
A Pilot who is awarded a Reserve Block under VBR will, at Pilot’s option, be given
a short term LOA prorated to his VBR request and will have his MBG and number
of days on reserve prorated according to the ratio of (DBM – start credit)/DBM. If
Article 8 – Leave of Absence (Rev. 4 – 30 Sep 17) 31
the Pilot elects not to accept a short term LOA, he will keep his awarded Reserve
Block.
A Pilot and the Company will continue to make pension and RCA contributions (as
applicable) based on DBM for each Block Period on a VBR. Corresponding FAE
calculations will also be based on DBM for each VBR Block Period.
Vacation and general holiday entitlement will be prorated for each Block Period a
Pilot is on a VBR.
A Pilot’s sick leave bank will be prorated for each Block Period the Pilot is on a
VBR.
For purposes of the GDIP program, a Pilot’s presumed salary for the Block Periods
on a VBR will be the greater of a Pilot’s actual flying, the applicable equipment
DBM, or his presumed earnings as defined in A16.02.02.01 prior to the VBR times
the amount of days in the Block Period while on VBR.
Article 8 – Leave of Absence (Rev. 4 – 30 Sep 17) 32
ARTICLE 9 – FURLOUGH AND SEVERANCE
9.01 Furlough
If there is a furlough, Pilots will be furloughed in reverse order of system seniority.
Such furloughed Pilots will be recalled in order of their system seniority. New Pilots
may be hired only after all furloughed Pilots have been recalled or have bypassed
their recall notice.
The Company will provide at least 30 days written notice to a Pilot prior to his being
furloughed.
A Pilot who is furloughed will file his address with the office of the Vice President,
Flight Operations or his delegate and will thereafter promptly advise the Company
of any change in address. A Pilot will not be entitled to preference in recall if he
does not comply with this requirement.
In the event of a furlough, affected Pilots will have:
Their bank credits reconciled (paid out or paid back as the case may be);
Any sick days will be carried forward to recall.
By mutual agreement between the Company and Pilot, vacation may be
deferred until furloughed and then paid at 2h55 per day DN. A Pilot who is
furloughed will also be provided with space available transportation for himself
and dependent members of his family to any point in the system to the extent
permitted by law.
An opportunity to renew their Instrument Flight Rating prior to furlough. This
includes Pilots who currently hold a valid Instrument Flight Rating.
Pilots on furlough are entitled to the following:
Group Employee Benefit Programs with the exception of GDIP. The Pilot will
pay in advance the full cost (100%) of the premium.
A Pilot on furlough continues to accrue Company service except for the purpose
of pay progression, pension and vacation entitlement.
A Pilot on furlough continues to accrue seniority.
9.02 Furlough Pay
Each Pilot who becomes furloughed will be entitled to 2 weeks pay for each full
year of service, prorated, up to a maximum of 20 weeks pay. This provision does
not apply to a Pilot electing to take a voluntary separation.
In the event that a furloughed Pilot is recalled without having used all his furlough
pay, the unused portion will be credited to his account; however, service for
additional furlough pay credits will only be accumulated from date of recall.
Furlough pay will be based on the average earnings of the best 3 Block Periods
during the last 12 months of active line service prior to the effective date of
furlough.
9.03 Recall
A Pilot offered recall will be expected to respond within 14 days and to return to the
service of the Company within 30 days, or such longer period as may be mutually
agreed upon, after notice has been received by registered mail or courier service
sent to the last address filed with the Company as detailed in A9.01.03.
A Pilot offered recall will have the option to bypass such offer, provided there are
Pilots junior to him still on furlough. Such Pilot, electing to bypass an offer of recall
will not be entitled to the provisions of A9.03.03 and will forfeit the right to recall
until subsequent vacancies are available under the provisions of A20.
Article 9 – Furlough and Severance (Rev. 4 – 30 Sep 17) 33
A Pilot recalled within 180 days of being furloughed will normally be recalled at the
Base from which he was furloughed. Should this recall not be at the Base from
which he was furloughed, he will be entitled to a Company paid move as per the
provisions of A20.
A Pilot who has been recalled may request a LOA in accordance with A8.
A Pilot who has been recalled will be credited with one sick day for every full
calendar month left in the calendar year.
A Pilot returning from furlough will not have an adjusted service date later than a
Pilot junior to him.
When recall occurs, the following will apply during training:
The Pilot’s pay will be 2h40 per day DN for his APOS.
The Pilots will be entitled to meal expenses as outlined in A18.02 and a hotel
room if the Pilot is away from his home Base.
When recall occurs more than 180 days after being furloughed the Pilot will be
entitled to meal expenses as outlined in A18.02 and a hotel room.
9.04 Severance Pay
Each Pilot whose service is terminated will be entitled to ½ month’s pay for each
full year of service, up to a maximum of 6 months’ pay. This provision does not
apply to a Pilot on probation in accordance with the provisions of A5.
The provisions of A9.04.01 do not apply where service is terminated for
disciplinary, retirement, medical or resignations other than as a direct result of, or
during, a furlough.
Any Pilot who is furloughed will have the option of choosing to remain on furlough
or of severing his employment with the Company. However, at the end of 10 years
of furlough, severance will be automatic unless otherwise mutually agreed between
ACPA and the Company. In either case, severance pay based on a Pilot's service
would be applicable less any furlough pay already received.
Severance pay will be based on the average earnings of the best 3 Block Periods
during the last 12 months of active service prior to the effective date of severance.
Article 9 – Furlough and Severance (Rev. 4 – 30 Sep 17) 34
ARTICLE 10 – ADMINISTRATION AND COMPANY/ASSOCIATION INTERACTION
10.01 Issuance of Agreement
The Company will, not later than 60 calendar days after signing the Agreement,
distribute the printed Agreement to the Pilots. The format will be the same binder
style of the Jeppesen route manual. The Company agrees to assume reasonable
costs related to this printing and distribution.
The Seniority List is part of the Collective Agreement.
10.02 Check-off ACPA Dues
The Company shall deduct on the payroll for the first period of each month from
wages due and payable to each Pilot (including Management Pilots) coming within
the scope of this Collective Agreement an amount equivalent to the monthly dues
of Association, subject to the conditions set forth hereunder.
The amount to be deducted shall be equivalent to the regular dues payment of
ACPA and shall not include initiation fees or special assessments. The amount to
be deducted shall not be changed during the term of Agreement excepting to
conform with a change in the amount of regular dues of ACPA in accordance with
its constitutional provisions.
Membership in ACPA shall be available to any Pilot eligible under the constitution
of ACPA on payment of the initiation or reinstatement fees uniformly required of all
other such applicants by ACPA. Membership shall not be denied for any reasons of
race, national origin, colour or religion.
Deduction for dues shall commence on a Pilots’ first pay period.
If the wages of a Pilot payable on the payroll for the first pay period of any month
are insufficient to permit the deduction of a full amount of dues, no such deduction
shall be made from the wages of such employee by the Company in such month.
The Company shall not, because the employee did not have sufficient wages
payable to him on the designated payroll, carry forward and deduct from any
subsequent wages the dues not deducted in an earlier month.
Only payroll deductions now or hereafter required by law, deduction of monies due
or owing the Company, and pension deductions shall be made from wages prior to
the deduction of dues.
The Company shall not be responsible financially or otherwise either to ACPA or to
any employee for any failure to make deductions or for making improper or
inaccurate deductions or remittances. However, in any instance in which an error
occurs in the amount of any deduction of dues from a Pilot's wages, the Company
shall adjust it directly with the employee. In the event of any mistake by the
Company in the amount of its remittance to ACPA, the Company shall adjust the
amount in a subsequent remittance. The Company's liability for any and all
amounts deducted pursuant to the provisions of this Article shall terminate at the
time it remits the amount payable to ACPA.
The question of what compensation, if any, shall be paid the Company by ACPA in
recognition of services performed under this Article shall be subject to
reconsideration at the request of either party on 15 days' notice in writing.
In the event of any action at law against the parties hereto resulting from any
deduction or deductions from payrolls made or to be made by the Company
pursuant to the first paragraph of this Article, both parties shall cooperate fully in
the defence of such action. Each party shall bear its own cost of such defence
except that if at the request of ACPA, counsel fees are incurred, these shall be
borne by ACPA. Save as aforesaid, ACPA shall indemnify and save harmless the
Company from any losses, damages, costs, liability or expenses suffered or
sustained by the Company as a result of any such deduction or deductions from
payrolls.
Article 10 – Administration and Company/Association Interaction (Rev. 4 – 30 Sep 17) 35
Effective with the block month following ratification of the Collective Agreement
MPs shall pay dues on basic salary plus $2000. Basic salary for MPs will be
determined as 78 hours DN including overseas and nav-aid pay where applicable,
based on the equipment for which the MP is being paid.
10.03 Pilot Information
The Company agrees to maintain and provide access to an electronic logbook of
time for flights flown by each Pilot dated January 1, 2011 and later.
The Company will continue to provide, to each Pilot, electronic access to the
information currently available through Flight Operations systems pertaining to his
work schedule.
10.04 Personnel Records
The Company will maintain one file containing information relating to items of a
personnel nature for each Pilot at the Pilot’s Base. A Pilot will be advised prior to
having any material of any adverse, unfavourable or disciplinary nature placed in
this file. This file may be reviewed by the Pilot, in the presence of Management.
Any adverse or unfavourable record, including past discipline, will automatically be
deleted from a Pilot’s file and will not be referred to or relied upon after a period
of 24 months of active service from the date of the letter.
Copies of all reports, orders, and all practice, training and flight checks will be
available for individual inspection during regular business hours. A Pilot will be
advised of any material of a critical or unfavourable nature at the time such material
is placed in his file.
10.05 Hold-Harmless Clause
The Company shall indemnify a Pilot or his estate and provide defence against any
claims, whether by third parties or by fellow employees, arising out of such Pilot's
performance of his duties with the Company as a Pilot unless such claims arise
from the wilful misconduct of the Pilot.
10.06 Liability for Costs
No Pilot shall be required to pay for the use of any Company equipment used in
personnel training required by the Company and no Pilot shall be required to pay
damage costs of airplanes or equipment damaged in the service.
10.07 Communication with the Company
All arrangements with Pilots involving a change in Position will be in writing or via
email.
10.08 Telephone Monitoring System
Air Canada and the ACPA agree to a telephone monitoring system in the System
Flight Crew Scheduling Department.
The purpose of the system is to provide a record of conversations between system
flight crew schedulers and Pilots covered by the Collective Agreement in the
course of performing their duties.
It will be referred to when situations such as those listed below, are brought forth
by either party:
incident reports (contractual disputes/violations);
letters of complaint; and
grievances.
The following parameters have been agreed to by both parties:
Article 10 – Administration and Company/Association Interaction (Rev. 4 – 30 Sep 17) 36
The system will not be used to monitor the performance or initiate discipline on
an employee.
When a situation described in A10.08.03 above occurs, ACPA or Crew
Scheduling may request a review of a recording by providing a written request
to the Manager, System Flight Crew Scheduling. This request will be initiated
within 30 days of reasonable knowledge of this situation by ACPA or crew
scheduler.
When there is a requirement to review a recording, at least one representative
of the Company and one representative of ACPA will be present. The affected
employee(s) may also attend the review
An unmonitored telephone line will be provided for calls from ACPA
representatives to System Flight Crew Scheduling concerning matters arising
from the Collective Agreement or other official business between the Company
and ACPA.
Recorded calls will be kept for at least 75 days.
10.09 ACPA Duty Release
The following Designated ACPA Representatives will be released from flight duty
for the duration of their term in order that they may attend to ACPA business and
related Company/ACPA meetings:
President
MEC Chair
LEC Chairs from each Base
Technical/Safety Committee Chair
The rate of pay for a Designated ACPA Representative will be in accordance
with the Pilot’s QPOS or APOS according to activation date under A20, and
actual years of service to the 12th year. The Designated ACPA Representative
will be paid DSC for the days in the Block Period plus appropriate Overseas and
Nav pay. The Company will bear the cost up to MBG and ACPA will be billed for
the remainder.
Designated ACPA Representatives will be non-bidders for annual vacation.
ACPA will inform crew planning when a Representative plans to take vacation,
which may be any time during the vacation year. All vacation will be taken within
the annual vacation period. Notwithstanding the above, vacation may be
deferred under special circumstances as requested by ACPA.
When a Designated ACPA Representative is on Vacation during his term he will
be paid as per A19.07 and paid DSC for any remaining days in the Block
Period.
When a Designated ACPA Representative is on an Aircraft Transition or
Upgrade Training Course he will be paid as per A13.13.01 and once qualified,
will be assigned as per A29.15 until the start of the next Block Period.
For Vacation, Aircraft Transition and or Upgrade training, ACPA will designate
an alternate representative prior to the setting of DBM. The alternate
representative will be paid DSC for each day in that replacement period. The
replacement cost will be billed to ACPA.
Designated ACPA Representatives (DARs) may avail themselves of A28.02
(Step 4 – with applicable VO premium on all flying awarded at this step) and
A28.08 (Trip Trade) to a maximum of 50 hours per calendar year. Any flying
awarded under A28.02 Step 3 will be applied as per the MOA dated April 25,
2016.
ACPA will provide the Company, in advance, with the MEC meeting schedule for
the calendar year. All MEC members will be released from flight duty for the
regularly scheduled meetings as per A10.09.04.
Article 10 – Administration and Company/Association Interaction (Rev. 4 – 30 Sep 17) 37
When requested and subject to the needs of the service, other ACPA
representatives will be released from flight duty in order that they may attend to
ACPA business, in accordance with the following:
For Blockholders, A10.09.04 or A10.09.05 or A10.09.06.01.
For POR A10.09.06.02
When ACPA representatives know the dates they need to be released from flying
for ACPA business, the days will be blocked off in PBS. The Pilot will be given a
start credit for the time required based on units of DSC. ACPA will provide the
Company with a list of ACPA representatives and the days they need blocked off
and start credits required by the 10th of the month prior to the Block Period in which
the releases and time off are required.
When ACPA representatives are unable to confirm the dates they need to be
released from flying for ACPA business, the Pilot will be given a start credit in PBS
for the time off required based on units of DSC. ACPA will provide the company
with a list of ACPA representatives and the start credits required by the 10th of the
month prior to the Block Period in which the time off is required.
The Company recognizes that there will be times when unplanned displacements
for ACPA business will be required during the Block Period. Subject to the needs of
the service, the affected pilot will be displaced from his flying and the flying will be
re-allocated or assigned at minimum cost to the party paying (the Company or
ACPA). It is agreed that any flying from which a pilot is released for ACPA business
(including business with the Company) may be re-allocated or assigned as follows:
Blockholder – When a Pilot holding a Block is released for ACPA business, the
Company will re-allocate such flying at their discretion to Pilots on Reserve,
regardless of seniority, to MPs, CPs and FIs for the purposes of training or
checking, Pilots in training, Designated ACPA Representative (as defined in
A10.09.01) or via the open time awarding process in A28.
PoR – A PoR released for ACPA business will be paid and flight time limited for
1/18th or 1/19th of MBG for each displacement day.
Should the re-allocation of flights for which ACPA is bearing the cost result, at
the end of the month, in additional costs to the Company then such costs would
in turn be assumed by ACPA. Additional costs may include the PoR flying above
MBG to a maximum of the value of the reassigned pairing, the splitting of a
pairing (extra DPG/TTG), VO, pay in lieu and overtime costs. If, at any time
during the month it becomes apparent that reallocation of such flights will not
result in reduced costs to ACPA, then the normal seniority rights to such flying
will be followed.
The Company will assume the release or displacement costs for ACPA Committee
members who attend Company-ACPA meetings.
For the duration of negotiations (preparation time that is mutually agreed to, direct
negotiations and ratification) up to 5 Pilots will be displaced and paid DSC plus
applicable Overseas and Nav pay at Company expense and have their banks
frozen. Vacation that falls within the negotiation period will be deferred. Deferred
vacation will be taken following ratification of the contract as mutually agreed by the
Company and ACPA.
ACPA Representatives traveling on ACPA business shall be issued passes when
conducting Air Canada business.
10.10 ACPA / Management Headquarters Committee (AMHQ)
In recognition of the need for increased communication on matters of policy and
discussion of issues which may have impact on ACPA, the Pilot group or the
Company; a committee composed of senior representatives of ACPA, Flight
Operations and Labour Relations will meet on a quarterly basis to review such
matters.
Article 10 – Administration and Company/Association Interaction (Rev. 4 – 30 Sep 17) 38
Topics to be discussed will be exchanged two weeks in advance of the meetings.
Minutes of these meetings will reflect the discussion and any resolutions which
may have been reached and will be distributed to senior management of Flight
Operations and the ACPA Master Executive Council.
The Company and ACPA agree that this procedure is intended to complement and
enhance current channels of communication.
10.11 New Equipment
The hourly, mileage and gross weight rates specified in this Agreement apply only
to the equipment specified herein. One year prior to the anticipated date of
introduction of a new type of equipment to regular airline operation and regardless
of the provisions of A3 of this Agreement, conferences may be requested by either
party for the purpose of negotiating Captains Hourly Flight Pay (A12.04.02.01),
rules and working conditions which shall apply to such equipment. Conferences
shall begin within 30 days after a request for a conference has been made, unless
otherwise mutually agreed upon between the Company and ACPA. Failing
settlement, provisions of the Canada Labour code will apply. No vacancies will be
posted until all pay rates, rules and working conditions associated with the new
equipment have been established.
The Company will provide ACPA with advance information on the introduction of
any future freighter aircraft. At that time, the Company will commence consultation
with ACPA regarding the planning for washroom facilities, galley set-ups and other
associated pilot amenities on board in future freighter aircraft to ensure a
satisfactory level of comfort, hygiene and safety prior to the introduction of the
airplane into service.
The Company and ACPA agree to enter into discussions to establish pay and
working conditions, should it be necessary to re-introduce previously operated Air
Canada aircraft types.
10.12 Human Rights
The Company and ACPA agree to cooperate as necessary to fulfill their respective
obligations under the Canadian Human Rights Act.
Article 10 – Administration and Company/Association Interaction (Rev. 4 – 30 Sep 17) 39
ARTICLE 11 – SUPERVISORY FLYING
11.01 Supervisory Flying Allotment
Revenue flying equal to 240 hours annually times the number of MPs may be flown
by MPs. Non Revenue flying may be flown by MPs without limits. MP revenue
flying will be taken from Open Time in accordance with A28. The annual limit does
not include displacements or pairings withheld for checking or training.
Should the MPs exceed the annual limit as per A11.01.01, a pay penalty equal to
the dollar amount of the excess flying performed will be credited to ACPA to offset
Association business displacement costs.
CP’s normal flying will consist of pairings withheld for checking events as well as
flying withheld for IOE and OE for new qualifications on existing equipment (e.g.
A320 ETOPS), or introduction of a new aircraft type.
NRFOP’s normal duties will consist of pairings built with non-revenue flights.
CPs, NRFOPs, FIs, and PrPs will be permitted to access Open Time in accordance
with A26 and A28.
Dual qualified NRFOPs will be limited by A11.05.01.
Non revenue flying as per the FOM may be flown by MPs, CPs, NRFOPs, FIs or
PrPs provided no revenue passengers or revenue cargo is carried.
The Company will provide ACPA with a monthly report of the flying performed by
each MP, CP, FI, NRFOP and PrP. This report will be submitted electronically in a
timely fashion.
11.02 Check Pilot, Flight Instructor, NRFOP and Project Pilot
CPs, NRFOPs, FIs and PrPs will neither write disciplinary letters nor undertake any
other disciplinary action.
CPs, NRFOPs, FIs and PrPs will be subject to all the provisions of the Collective
Agreement except as amended herein:
Simulator training and checking will be credited and Flight Time limited at 5.5
hours per day.
Administration (office) days will be credited and Flight Time limited at 5 hours
per day.
Meetings will be credited and Flight Time limited at a minimum of 2 hours to a
maximum of 5 hours per day.
CPs, NRFOPs, FIs and PrPs will have vacation scheduled by the Company for a
period that is mutually agreeable to the Chief Pilot and the CP, NRFOP, FI or PrP.
A maximum of 2 weeks’ vacation may be taken from June 15 to September 15.
Vacation may not be altered after a block period commences except as provided
by A19.03.01.14.
A CP, NRFOP, FI or PrP who will be in his assignment for less than an entire
vacation year will bid his vacation in accordance with A19.
11.03 Check Pilots
CP DBM will be 80 hours every Block Period and will be paid in accordance with
A13.
CP schedules will be planned by the training department.
When a simulator session or an OE or IOE flight is cancelled the CP will be re-
assignable in the same Block Period through mutual agreement between the CP
and his immediate supervisor.
CPs with less than 80 hours of Block Credits will be assignable for extra credit
duties.
Article 11 – Supervisory Flying (Rev. 4 – 30 Sep 17) 40
All Block Credits in excess of 80 hours will be cash cleared or, at Pilot option,
applied as per A14.01.
Once a CP has exceeded 40 hours of AO as a result of training and checking
duties, any additional AO, as a result of training and checking duties, will be
reconciled as a start credit in the subsequent Block Period. The intent of this
language is to ensure that start credits are not rolled into multiple block periods.
ACPA will receive a monthly report of start credits.
11.04 Flight Instructor and Project Pilot
FI's and PrP's DBM will be 80 hours with a MBG of 74 hours every Block Period
and paid in accordance with A13.
Prior to obtaining their flying schedule, FIs and PrPs will have days blocked off
(including 5 protected days off) and given a credit for preplanned activities such as
simulator sessions, administrative (office) days or meetings. They will fill the
remainder of their block using one of the following two options:
Bid for their monthly flying using the established PBS process; or
Pre-select pairings in order of base seniority from the open time that remains
after the PBS awards have been completed. This preselection process must be
completed no later than 24 hours prior to the start of the new block period. In
addition, FIs and PrPs may list themselves for open time under Step 2 of A28.
FIs and PrPs may only select flying that does not interfere with their preplanned
duties.
FIs and PrPs must advise the Company which of the above two options they have
chosen no later than 48 hours after the published pairings are released.
FIs and PrPs who are awarded a reserve block in PBS will be removed from
reserve and will select their flying in accordance with A11.04.02.02.
The PBSC will oversee the application of the FI/PrP PBS awarding process.
A33.01.01 applies.
Normal PP rules will apply. When a simulator session or a training event is
cancelled, a FI or PrP will be re-assignable in the same Block Period through
mutual agreement with the Company.
A FI performing IOE duties may be assigned flying through the training department
or through the above mentioned PBS process for training purposes.
All Block Credits in excess of 80 hours will be cash cleared or, at pilot option,
applied as per A14.01.
Once a FI or PrP has exceeded 40 hours of AO specific to FI or PrP duties any
additional AO, specific to FI or PrP duties, will be reconciled as a start credit in the
subsequent Block Period. The intent of this language is to ensure that start credits
are not rolled into multiple block periods. ACPA will receive a monthly report of
start credits.
11.05 Non-Revenue Flight Operations Pilot (NRFOP)
NRFOPs may be qualified on the A320 and the A330 simultaneously but do not
need to have the seniority to hold both the second types. NRFOPs may access
open time for the aircraft on which they are holding a QPOS (as per A20) but may
only access non NRFOP flying on the second type on which he is qualified through
displacement.
Where mainline operates the same aircraft type as ACrouge, NRFO flying will be
operated by mainline pilots.
Where a fleet transitions from mainline to ACrouge, the Joint Scheduling
Committee will meet to discuss a temporary transition agreement that may involve
mainline and ACrouge NRFOP`s operating together.
Article 11 – Supervisory Flying (Rev. 4 – 30 Sep 17) 41
NRFOP DBM will be 80 hours every Block Period and will be paid in accordance
with A13.
NRFOP schedules will be planned by the NRFO office. NRFOPs will receive a
minimum of 30 days off quarterly. Days off will be mutually agreed between the
NRFOP and the NRFO office.
All Block Credits in excess of 80 hours will be cash cleared or, at pilot option,
applied as per A14.01.
Once a NRFOP has exceeded 40 hours of AO specific to NRFOP duties any
additional AO, specific to NRFOP duties, will be reconciled as a start credit in the
subsequent Block Period. The intent of this language is to ensure that start credits
are not rolled into multiple block periods. ACPA will receive a monthly report of
start credits.
For overlap flying A13.14.03.01.02 will apply.
11.06 Supervisor/Line Pilot – AO When Transitioning
When a Pilot accepts a supervisory position, 50% of his accrued AO as a line pilot
will be deemed to have been earned as a supervisory Pilot for the purpose of
establishing eligibility for future supervisory AO. His accrued line pilot AO total will
not be reduced. A11.03.06, A11.04.10 and A11.05.05 will apply.
When a supervisory Pilot returns to the line, the combined total of all accrued AO –
supervisory and line flying - will be considered his total accrued AO. A26.03 will
apply.
Article 11 – Supervisory Flying (Rev. 4 – 30 Sep 17) 42
ARTICLE 12 – PAY RATES
12.01 Pay Progression
A Pilot’s pay progression date will be the earlier of:
the day following the successful completion of his initial line check: or
90 days from the start of his Pilot Indoctrination Training course; or
the day following the successful completion of the initial line check of a Pilot who
is junior to him.
12.02 Accredited Service
Accredited service for pay purposes shall not accrue:
during any period of furlough;
during that portion of any continuous leave of absence without pay in excess
of 30 days, except that leaves granted to permit attendance of pilots at
conferences with the Company and leaves granted to permit pilots to attend any
conferences with Company permission will be considered as continuous
service.
12.03 Fixed Rate
Pilots in their first 4 years of service will receive a monthly salary based on 75
hours and an hourly rate of pay for all the credits above 75 hours in accordance
with the following table:
Effective with the Effective with the
April 2017 Block April 2017 Block
Period Period Period
Monthly Up to 75 Hourly Above 75
Hours Hours
1st Year $4,329.75 $57.73
2nd Year $4,734.00 $63.12
3rd Year $5,394.75 $71.93
4th Year $6,041.25 $80.55
12.04 Formula Pay
Note: ACrouge pay rates are contained in LOU 74.
All Pilots – Hourly Base Pay
Captains in their 1st year of service and above and First Officers and Relief
Pilots in their 5th year of service and above will receive Hourly Base Pay in
accordance with the following table:
Hourly Base Pay – 4/2/17
1st year $19.91
2nd year $21.80
3rd year $23.69
4th year $25.58
5th year $27.42
6th year $29.35
7th year $31.20
8th year $33.19
9th year $35.07
10th year $36.96
11th year $38.85
Article 12 – Pay Rates (Rev. 4 – 30 Sep 17) 43
12th year and $40.73
thereafter
Captains Flying Pay
In addition to Hourly Base Pay, Captains within their 1st year of service and
after shall be paid Flying Pay, consisting of Hourly Flight Pay, Hourly Mileage
Pay and Hourly Weight Pay in accordance with the following tables:
Hourly Flight Pay – 4/2/17
Day Night
EMJ $61.5695 $80.0402
B-737 $84.8913 $110.3590
A-320 $84.8913 $110.3590
B-767 $91.5644 $119.0338
B-787 $96.0945 $124.9230
A-330 $96.0945 $124.9230
B-777 $96.0945 $124.9230
Note: Night rate is 1.3 times Day rate
Hourly Mileage Pay – 4/2/17
Mach Number for
Mileage Factor Hourly Rate
Variant
EMJ M .82 $62.9430 $51.6133
B-737 See LOU 79 $62.9430 $51.6133
A-320 M .82 $62.9430 $51.6133
B-767 M .86 $62.9430 $54.1310
B-787 M .89 $62.9430 $56.0193
A-330 M .86 $62.9430 $54.1310
B-777 M .89 $62.9430 $56.0193
Hourly Weight Pay 4/2/17
Weight in Tonnes
Weight Factor Hourly Rate
for Variants Flown
EMJ 51.960 $0.2287 $11.8833
B-737 82.191 $0.2287
(not confirmed) $18.7971
A-320 93.400 $0.2287 $21.3606
B-767 187.333 $0.2287 $42.8431
B-787 See $0.2287 See
A12.04.02.01.02 A12.04.02.01.02
A-330 230.900 $0.2287 $52.8068
B-777 351.534 $0.2287 $80.3958
Effective with the November 2014 Block Period, the Hourly Weight Pay for
the B-777 will be as follows:
Hourly Weight Pay
Weight in Tonnes
Weight Factor Hourly Rate
for Variants Flown
B-777 351.534 $0.1915 $67.3188
12.04.02.01.01 When computing rates of pay for aircraft, the above mileage and weight
factors will be used.
Article 12 – Pay Rates (Rev. 4 – 30 Sep 17) 44
12.04.02.01.02 The weight of the B-787 aircraft comprising the B-787 fleet shall be reviewed
to address changes in weight upon introduction and each subsequent
January and July consistent with A12.04.02.01 to reflect the maximum taxi
weight published in the Air Canada Aircraft Operating Manual for the variant
using the following formula:
Variant Weight in Tonnes
B-787-8 Weight as per AOM
B-787-9 Weight as per AOM
((number of B-787-8) x (Weight as per AOM)
+ (number of B-787-9) x (Weight as per AOM))
Total number of B787 aircraft
12.04.02.01.03 For the purpose of such reviews, the number of each type of aircraft in
service shall be determined by reference to the numbers projected to be in
service at the mid-point (i.e. April 1st or October 1st) of the period in question.
FOs and RPs
In addition to Hourly Base Pay, FOs and RPs with 5 or more years of service
with the Company shall be paid a percentage of the Captain’s Flying Pay in
accordance with the following table:
Years of Service FO % of Capt RP % of Capt
as Pilot Flying Pay Flying Pay
5th Year 48.0% 28.0%
6th Year 49.5% 29.0%
7th Year 51.0% 30.0%
8th Year 52.5% 31.0%
9th Year 54.0% 32.0%
10th Year 55.5% 33.0%
11th Year 57.0% 33.0%
12th Year and after 58.5% 33.0%
Overseas Pay
Overseas Operations is defined as:
12.04.04.01.01 Any flight operation that departs and/or arrives outside of Canada, the United
States (excluding Hawaii), Mexico, the Bahamas and the Territorial
Collectivity of Saint-Pierre-et-Miquelon; and
12.04.04.01.02 any other flying operations, not described in A12.04.04.01.01, which may be
mutually agreed upon between the Company and ACPA to be overseas
operation.
Except for Pilots on Fixed Rate, each Pilot when serving as Captain, FO or RP
who flies on the Company's overseas operations shall receive overseas pay for
each hour of such flying during the month as follows:
Captain $11.7788
FO $6.4241
RP $4.2831
Nav Pay
Article 12 – Pay Rates (Rev. 4 – 30 Sep 17) 45
Except for Pilots on Fixed Rate, a Pilot, when serving as Captain, FO or RP on
a NJA who flies on the Company's overseas operations shall receive Nav pay
for each hour of such flying during the month as follows:
Captain $10.7085
FO $5.3538
RP $3.2119
12.05 Annual Wage Increases
The rates in A12.03 and A12.04 will be increased according to the following:
Effective Date Increase
April 2, 2018 2%
April 2, 2019 2%
April 2, 2020 2%
Article 12 – Pay Rates (Rev. 4 – 30 Sep 17) 46
ARTICLE 13 – PAY PROVISIONS
13.01 Pay Advances
A pay advance will be distributed on the 1st banking day of each month:
Captains: $5,000
First Officers: $4,000
Relief Pilots: $3,000
All Pilots at the first and second year pay rate who are QPOS First Officers or
pay activated APOS First Officers shall receive $2,500.00 as their monthly pay
advance in place of the amount set out in A13.01.01.
The pay advance will be deducted from the subsequent pay cheque paid normally
no later than the 17th day of that month.
Example:
First banking day in April - Pay advance for the April Block Period earnings
April 17th - Final pay for the March Block Period earnings
13.02 Calculation of Individual Pay
Except as outlined in A13.02.01.03, each Pilot will be credited with the greater of:
his MBG; or
his actual Block Credits.
For pilots on GDIP, LOA, or furlough the MBG and DBM will be pro-rated as per
A13.04.09
Overseas and Nav pay will be paid to the Pilot in the Block Period in which the
flight originated.
13.03 Flight Time and Block Growth
For Flying Pay purposes, the hours paid shall be the greater of the published
schedule time or the actual Flight Time.
Where there is no published schedule, the flight times established for planning
purposes shall be considered as the published schedule time for pay purposes.
For arrivals ahead of schedule on any flight leg for which premiums and/or
DPG/TTG apply, the credits shall be calculated as though the last flight leg was
flown according to the published schedule.
13.04 Minimum Block Guarantee (MBG)
Each Pilot, shall be paid a MBG either as a Fixed Rate (75 hours) or consisting of
Hourly Base Pay, hourly, mileage and gross weight pay in accordance with his
equipment status at DN rates as follows:
MBG MBG
DBM DBM
Block / Reserve Block / Reserve
70 60 / 65 78 66 / 70
71 60 / 65 79 67 / 71
72 63 / 67 80 68 / 72
73 63 / 67 81 69 / 73
74 63 / 67 82 70 / 74
75 64 / 68 83 71 / 75
76 65 / 69 84 72 / 76
77 66 / 70 85 73 / 77
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 47
Except for Pilots on Fixed Rate, the MBG as per A13.04.01 will include, Overseas
and Nav pay as follows:
Equipment Overseas hours Nav hours
EMJ 1 1
A-319/320/321 3 3
B-767 71 0
A-330 71 0
B-787 71 0
B-777 71 0
In the event that new aircraft equipment is flown on overseas routes a MBG,
including the appropriate Overseas and Nav pay, shall be established in
accordance with the ratio of overseas/domestic hours to be flown.
A Pilot’s MBG (including Overseas and Nav pay) will be pro-rated on a daily basis,
as per A13.04.09, during a Block Period when removed from or returned to the
payroll due to GDIP, LOA or furlough.
A Pilot on Fixed Rate, who drops flying no credit, including TT, will have the credit
deducted from the greater of the MBG (75) or his projection at the time of the drop.
The Pilots MBG will be adjusted based on this drop.
A Pilot on Fixed Rate, who picks up credit through VO or TT, will, have those
credits added to the greater of, his MBG (or adjusted MBG from A13.04.05), or the
projection at the time of the pick up.
A PoR who is away for part of a month due to sick leave will be paid as per
A31.06.02.
The MBG provided for in this article will not apply to those Pilots who are unable to
fly because all or part of the Company’s fleet are grounded for reasons beyond the
Company's control.
MBG Pro-Rate Formula:
(Number of available work days in period x MBG)
= Prorated MBG
Number of days in Block Period
Example: GDIP, LOA or Furlough (DBM 82 / MBG 74)
A Pilot on GDIP for 14 days in a 31 day Block, and accruing 43 hours of Block
Credits, will be paid the greater dollar value of the prorated MBG (17 x 74 hours ÷
31) 40h35 or 43 hours of Block Credits.
13.05 Minimum Pay – Fail to Fly
When a Pilot reports for duty and, for reasons beyond his control, fails to fly,
normal DPG rules will apply, except that he will receive a minimum of 2 hours of
Block Credit DN and the applicable VO, Draft and / or 85 hour premium.
13.06 85 hour Premium
When a Pilot's Block Credits exceed 85 hours, those hours in excess of 85 hours,
less any credits applied from the Pilot’s bank, will attract a 50% premium (cash
cleared), with the following exceptions:
When a Pilot’s Block Period consists solely of vacation credits.
When a PoR’s total block credits increase due to a sick book off at the end of
the Block Period.
Note: For the purposes of this article, the end of the Block Period for a PoR who
finishes the period with vacation or training will be the day immediately
preceding the start of vacation or training.
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 48
13.07 Voluntary Overtime Premium
For any awarded VO to Blockholders and PoR’s, a premium equal to 50% of the
Block Credits above DBM will be paid and cash cleared.
When a PoR accepts cold called VO flying on an O day, he will receive the VO
premium, cash cleared, on all Block Credits for the duration of the continuous off-
duty period, i.e. a 4-day VO cold call award during his OGG would attract a
premium for 3 days.
13.08 Draft Premium
A Draft Premium equal to 50% will be paid, if applicable, as per A30
13.09 Flights Overlapping Calendar Days and Block Period End
When a change in calendar date occurs en route the originating date will be the
date on which all Block Credits will be applied.
In the event of delayed operations at the end of a Block Period, the Pilot's originally
scheduled departure date will be the date on which the Block Credits will be
applied. This includes a flight(s) which is delayed into a subsequent flight duty
period.
13.10 Operating as Augmentation Pilot or Out of Status
Captain Operating as Augmentation Pilot, First Officer or Relief Pilot:
When a Captain operates as Augmentation Pilot, FO or RP, he will be paid at
Captain rates.
First Officer Operating as Augmentation Pilot or Relief Pilot:
When a FO operates as Augmentation Pilot or RP, he will be paid at FO rates.
13.11 CP, FI, NRFOP and PrP Premium
Pay rates for CPs, FIs, NRFOPs and PrPs will be based on the Pilots’ QPOS or
APOS activation date under A20, and actual years of service to the 12th year
CP and NRFOP:
Block pay will be a minimum of 80 hours DN plus applicable Overseas pay, Nav
pay as per the following:
13.11.02.01.01 For the WJA: 80 hours DN (plus 71 hours of Overseas)
13.11.02.01.02 For the A320: 80 hours DN (plus 3 hours of Nav and 3 hours of overseas)
13.11.02.01.03 For the EMJ: 80 hours DN (plus 1 hour of Nav and 1 hour of overseas);
13.11.02.01.04 Or, the actual flying credits whichever is greater.
A 12% premium will apply for all of the above except for Block Credits greater
than 80 hours which are not for checking or training purposes.
FI and PrP:
Block pay will be a minimum of 74 hours DN plus applicable Overseas and Nav
pay as per the following:
13.11.03.01.01 For the WJA: 71 hours of overseas
13.11.03.01.02 For the A320: 3 hours of Nav and 3 hours of Overseas
13.11.03.01.03 For the EMJ: 1 hour over Nav and 1 hour of Overseas
13.11.03.01.04 Or, the actual Flying Pay whichever is greater.
The greater of a 12% premium or $1300 monthly will apply for all of the above
except for Block Credits greater than 80 hours which are not for training
purposes.
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 49
13.12 Initial Operational Experience Training Captain (IOETC)
IOETC will receive a premium of 12% on all Flying Pay while performing IOE
training. This premium will be applied to the greater of actual or scheduled flying,
including applicable deadheads, DPG and TTG. All meetings will be cash cleared
at 4 hours DN per day.
13.13 Training Pay
A Pilot on Aircraft Transition, Re-qualification, or Upgrade Training (ground school,
simulator, flight training, and/or any necessary additional training), shall be credited
with 2h40 DN for flight time limitation and pay purposes for each calendar day of
training including overseas and Nav pay.
Commencing when a Pilot is qualified to be released to the line indoctrination
phase of training and ending upon successful completion of his QOE, for pay and
flight time limitation purposes a Pilot shall be credited the greater of 2h40 DN
(including Overseas and Nav pay) for each calendar day or his actual flying
performed including all applicable TTG, DPG and deadhead credits. Any excess
flying time and credits associated with this flying (including DPG, TTG and
deadhead credits) greater than 2h40 times the number of days will be paid at the
new Position rates.
A Pilot will be paid 4 hours per day at DN for each recurrent simulator session, and
each day of ART. When a Pilot is required to attend any other special training
(such as Introduction to Command Training, new aircraft equipment or revised
aircraft procedures briefings, etc.) that occurs outside of a qualification course, he
will be paid 4 hours per day at DN. These credits will not be used for flight time
limitation purposes and will not be part of the MBG.
Any additional training resulting from an unsatisfactory or incomplete assessment
related to recurrent training events shall not attract additional pay.
A Pilot assigned to simulator for the sole purpose of completing a crew
complement shall be paid 4 hours, DN per session. This credit will not be used for
flight time limitations and will not be part of the MBG.
A Pilot who, for reasons beyond his control, is unable to return from his simulator
within the same duty period in which he was scheduled to return to his home Base
will receive 4 hours pay DN. These credits will not be used for flight time limitation
purposes and will not be part of the MBG. This provision will not apply to Pilots who
request and are granted changes to their planned simulator period.
A Pilot who reports for duty for a scheduled simulator period at home Base or
deadhead to simulator and for reasons beyond his control is unable to complete
such period will receive 2 hours pay DN. These credits will not be used for flight
time limitation purposes and will not be part of the MBG.
A Pilot who reports for a scheduled simulator period at other than his home Base
and for reasons beyond his control is unable to complete such period will receive 4
hours pay DN. These credits will not be used for flight time limitation purposes and
will not be part of the MBG.
Overseas and Nav on a Training Course:
WJA Pilots on a training course will be paid 100% overseas pay in accordance
with A12.04.04 and A12.04.05.
A320 Pilots on a training course will be paid 10% of the overseas and Nav pay.
Should future A320 overseas flying increase to a level greater than 10% of all
flying performed by the A320 fleet on an annual basis, the parties agree to meet
and review an adjustment to the percentage of overseas and Nav pay for the
A320 Pilots.
EMJ Pilots on a training course will be paid 1% of the overseas and Nav pay.
Should future EMJ overseas flying increase to a level greater than 1% of all
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 50
flying performed by the EMJ fleet on an annual basis, the parties agree to meet
and review an adjustment to the percentage of Overseas and Nav pay for the
EMJ Pilots.
ACrouge Pilots on a training course will not be paid Overseas and Nav pay.
LMS and Self Study Pay
13.13.09.05.01 Pilots shall be paid a minimum of 1 hour DN of pay for any LMS or self study
assigned outside of a QC (initial/transition/upgrade) training footprint. For the
first hour of pay, the Company can schedule a maximum of 2 hours of study.
Beyond 2 hours, Pilots will be paid 30 minutes pay for each additional hour or
part thereof of study. Study time will be determined by the run time of the
module or such other time that is agreed to by the Joint Training and
Standards Committee.
13.13.09.05.02 When LMS is scheduled concurrently with ART, pay for the LMS, to a
maximum of four (4) hours of training material, shall be two (2) hours DN for
mainline and two hours and fifteen minutes (2:15) for ACrouge respectively.
13.13.09.05.03 The Company reserves the right to schedule a day of ART (8 hours), which
can include up to a half day (4 hours) of home study, and a half day (4 hours)
of in class time paid 4 hours per day at DN at mainline and 4.5 hours per day
at ACrouge.
13.14 Duty Period Guarantee (DPG) and Trip Time Guarantee (TTG)
The greater of DPG and TTG will apply.
Duty Period Guarantee (DPG):
For each flight duty period worked, a Pilot shall be guaranteed a minimum duty
period of 4h25 for pay and flight time limitations, or 1 minute pay and flight time
credits for each 2 minutes of duty prorated whichever is greater. Any such credit
shall be calculated for pay purposes as an extension of the last leg of the duty
period.
13.14.02.01.01 Where a single flight duty period consists of both overseas and domestic
operations, the domestic flight DPG shall apply until the departure time of the
first flight leg for which Overseas Operations Pay applies and shall apply
commencing at the arrival time of the return flight leg for which Overseas
Operations Pay applies.
13.14.02.01.02 If a Pilot is held at the airport at Company request, DPG will apply, except
that the minimum applicable DPG credit will become a minimum of 2 hours
credit if no flying is performed in that duty period.
For a Pilot who operates flying after completing periodic training, the DPG will
be calculated from the end of the periodic training until the end of his assigned
flight duty period and the minimum DPG will apply.
Trip Time Guarantee (TTG):
In the case of trips which involve layover(s) away from home Base, a Pilot shall
be guaranteed 1 minute of flight time credits and pay for each 4 actual minutes
of trip time. Trip time shall be counted from the time a Pilot is required to report
for duty at his home Base or actual reporting time, whichever is later, to the time
a Pilot is released from duty 15 minutes after arrival at his home Base.
13.14.03.01.01 TTG will be calculated for pay purposes as an extension of the last flight leg
of the pairing except where a combination of Overseas and Domestic flight
legs are involved; in which case the ratio of Overseas/Domestic Trip time will
be calculated as a percentage of the total TTG.
13.14.03.01.02 For an overlap pairing where credits are lost or gained resulting in TTG or a
change to TTG, the overall credits will be adjusted for each block period. This
procedure will neither increase nor decrease Flying Pay and/or Flight Time
credits for the pairing as flown.
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 51
13.15 Retired Equipment
Effective with the 4th Block Period following the CRB that removes all aircraft in a
fleet type at a Base, the affected Pilots will be guaranteed the greater of 900 hours
per year (June-June), 72 hours per month or the reserve MBG for each block
period, until they commence training on another equipment type or retire.
Subject to mutual agreement between the Pilot and the Company, Pilots who do
not hold an APOS as a result of being posted off pending retirement in accordance
with A20, may re-qualify to another equipment type on which the Pilot was
previously qualified. Rates of pay for Pilots who re-qualify to a lower rated Position
under this provision will be protected at the higher rate of pay.
Article 13 – Pay Provisions (Rev. 4 – 30 Sep 17) 52
ARTICLE 14 – OPTIONAL BANK PLAN
14.01 Bank Plan Provisions
The Pilot Bank Plan is Optional. All Block Credits will be cash cleared except for
Pilots electing to use the Bank Plan. The provisions of A14 will apply to Pilots who
elect to use the Bank Plan.
Except as outlined in A14.01.03 and A14.01.09 and 14.01.04, when Block Credits,
excluding block growth, exceed the DBM when the DBM is at or above 80 hours,
the excess will be placed in the bank at the rate it was earned, then converted to
night rates, where it will accumulate and be used:
To obtain pay to the greater of DBM or 80 hours; or
To extend vacation
All block growth credits will be cash cleared.
Block Credits in excess of the greater of DBM or 80 hours will be credited to the
bank to a maximum of 20 hours. Any remaining credits above 20 hours will be
automatically cash cleared.
When Block Credits are less than the greater of DBM or 80 hours, any credit in the
bank will automatically be debited and used to increase the Pilot’s Block Credits up
to the greater of DBM or 80 hours.
The Company will not use Bank time to offset MBG.
In cases where MBG does not apply, such as a drop-no-credit or Trip Trade drop,
bank time will be debited to increase Block Credits up to the greater of DBM or 80
hours.
In the event of a change in a Pilot’s Position, bank credits will be converted to
hours and minutes reflecting the Pilot's new Position rates. Under this process,
credits in excess of 20 hours will be cash cleared. Block Credits that consist solely
of vacation credits (including vacation extension using bank credits) will have the
hours above the greater of DBM or 80 hours automatically cash cleared.
A request to cash clear all or part of a Pilot’s bank must be made no later than 2
days after the start of the new Block Period.
14.02 Negative Bank
The Negative Bank will be capped at negative 13h30. In exceptional
circumstances, the Company may approve requests to borrow up to 25 hours from
the bank. In such circumstances, the Pilot will make every effort to restore his bank
total to at least negative 13h30 within 6 months.
When a Pilot's Block Credits are less than the greater of DBM or 80 hours, the Pilot
may elect to borrow from the bank to obtain a maximum of the greater of DBM
or 80 hours. The amount borrowed from the bank will be paid out at night rates and
will be paid back at an equal dollar value.
Any subsequent credits earned above the greater of DBM or 80 will be used to pay
back any amounts borrowed from the negative bank.
A Pilot who elects to borrow from the bank must make the selection no later than 2
days after Block Period end.
When a Pilot ceases employment (e.g. retirement) any negative bank balance
owed to the Company will be deducted from the Pilot's final pay.
14.03 Vacation Extension Using Positive Bank Credits
A Pilot with positive bank credits may request a bank drop in conjunction with
vacation. The bank credit will be applied at a rate of 2h55 per day and will be
limited to a maximum of 6 days per vacation period. Requests for positive bank
Article 14 – Optional Bank Plan (Rev. 4 – 30 Sep 17) 53
drops in conjunction with vacation must be received as soon as possible by the
Company but no later than the 10th day of the month prior to the beginning of the
Block Period in which the days are intended to be used. The Company may decline
a bank drop request based on crewing capacity as determined by any one of the
following:
the DBM for that Position in that Block Period being at the maximum value; or
the difference between DBMs for that Position between Bases being at the
maximum value; or
the projected annual calendar total maximum hours being at the contractual
limit.
If bank drop in conjunction with vacation is permitted under the above conditions, it
will be awarded in seniority order until one of the above limits is reached.
Article 14 – Optional Bank Plan (Rev. 4 – 30 Sep 17) 54
ARTICLE 15 – INSURANCE, MEDICAL, AND DENTAL
15.01 General
The Company will provide and pay for the benefits outlined in the following benefit
plans:
Basic Group Life plan
Basic Accidental Death, Dismemberment and Loss of Use Insurance plan
Accidental Death, Dismemberment and Loss of Use – Crew Cab Insurance
plan
Supplemental Health Plan
International SOS Medical Assistance Program
Dental Plan
All Pilots and their eligible dependents will be covered by these plans as of the
Pilot’s date of employment as a Pilot.
15.02 Group Insurance
Life Insurance:
The Company will pay 100% of the first $100,000 of Group Life Insurance; the
premium the remainder will be shared 50/50 between the Company and the
employee. The Company will provide the following coverage through the Basic
Group Life Plan:
Captains $225,000
First Officers and Relief Pilots $175,000
(3rd year and thereafter)
First Officers and Relief Pilots $125,000
(1st and 2nd year)
Retirement Paid Up Life Insurance:
The post retirement paid up insurance will be 25% of the group life insurance to
a maximum of $25,000 for Captains and $17,500 for First and Second Officers
and Relief Pilots.
Accidental Death, Dismemberment and Loss of Use:
An Accident Insurance policy, including Accidental Death, Dismemberment and
Loss of Use (AD&D/LU), will be provided and paid for by the Company with the
following coverage:
Captains $300,000
First Officers and Relief Pilots $250,000
(3rd year and thereafter)
First Officers and Relief Pilots $200,000
(1st and 2nd year)
The Company will provide and pay for $500,000 additional Accidental Death,
Dismemberment and Loss of Use insurance for Pilots while travelling in ground
transportation provided by Air Canada when on Company business.
Smoke Inhalation Insurance:
Smoke inhalation insurance will be provided in the amount of $110,000.
15.03 Supplemental Health Plan
The Company will provide and pay for the present Company Supplemental Health
Plan. The Plan includes the International SOS Assistance Access program.
www.internationalsos.com
Article 15 – Insurance, Medical, and Dental (Rev. 4 – 30 Sep 17) 55
The benefits that the Company will provide through the Supplemental Health Plan
will be increased in accordance with the following:
Coverage for vision care will include up to $325.00 for prescription eyeglasses
or contact lenses (including multiple pairs of disposable contact lenses) every
24 months. Pilots who have a License Validation Certificate requiring “glasses
must be worn” or “glasses must be available” may claim a second pair of
prescription eyeglasses or additional contact lenses (including multiple pairs of
disposable contact lenses) to an amount of $325.00 every 24 months.
In addition, the Company will reimburse pilots with severely damaged eyes
(meaning that their vision acuity cannot be improved to the 20/40 level in the
better eye with spectacle lenses) up to an additional $675 for contact lenses
once in a lifetime. When contact lenses for severely damaged eyes are
purchased within the same 24-month period as other eyeglasses, contact
lenses or safety glasses, the maximum payable from the plan is $425 per
person or $650 for pilots with the applicable License Validation Certificate.
The lifetime maximum benefit payable under the plan in respect of each eligible
person will be $50,000 with $2,500 annual reinstatement.
The coverage for private hospital rooms under the plan will be 90% of the
difference between semi-private and private room coverage.
Psychologist, registered marriage and family therapists and registered
psychotherapist services will be covered at 50% of each visit up to a maximum
of $1000 per year per employee or $2000 per family.
Coverage will be provided for the purchase or repair of hearing aids up to a
maximum of $2000 per eligible person in a 60-month period. The Plan will also
provide for the reimbursement of cochlear implants.
Coverage for out of hospital nursing services that are determined to be
reasonably or medically necessary will be increased to $150 per day and $7500
per year for each eligible person.
Coverage will be provided for hyperbaric oxygen therapy and hyperbaric
chamber treatment.
The eligible expenses for the services of chiropractors, osteopaths, naturopaths,
chiropodist and podiatrists will each be covered to a maximum of $50 per visit
and $100 for x-rays and limited to $1000 per year per eligible person or $2,000
per family per year.
15.03.02.09.01 The Company will cover the difference between the amount paid under any
provincial plan and the benefit that would otherwise be payable pursuant to
the Supplemental Health Plan, for chiropractor, osteopathic, naturopathic,
and podiatry services. The special undertaking is not extended to any other
benefit under the plan.
Expenses incurred for Massage Therapy, when prescribed by a physician, will
be covered at a rate up to $80 per visit, to a maximum of $800 per family per
year. To be eligible for coverage, the massage therapy must be provided by a
Licensed Massage Therapist registered with, and licensed by, the recognized
governing body within the province in which the service was rendered.
The cost of medically prescribed oral contraceptive will be fully covered.
The Company shall provide to ACPA updates to the Special Authorization Drug
List twice per calendar year, and at least three months apart.
15.04 Medical Services for Non-Residents
Basic hospital and medical expenses for Pilots residing outside of Canada i.e.,
standard ward hospital accommodations and related services, as well as
physicians’ fees, are not covered by the Air Canada Health Plan.
Pilots residing outside of Canada are eligible, based on the current cost in Ontario
with the applicable “maximums”, for all other services described in the Health
Article 15 – Insurance, Medical, and Dental (Rev. 4 – 30 Sep 17) 56
section of the Employee Handbook. Eligible expenses under the Air Canada Health
Plan are; private or semi-private hospital room, ambulance, hearing aids, diabetic
supplies, medical services and supplies, surgical brassieres or camisoles,
orthopaedic boots or shoes, physiotherapy, drugs requiring a written prescription,
prescribed drugs to eliminate the use of tobacco, services of a qualified
psychologist, nursing services and speech therapy.
Vision care coverage for prescribed lenses and frames and contact lenses is the
same as coverage for Pilots residing in Canada with expense amounts being
payable in Canadian dollars.
The Dental Plan reimburses eligible dental expenses, as described in the Dental
Section of the Employee Handbook, subject to certain “maximums”, in Canadian
dollars based on the current Ontario dental fee guide.
15.05 Dental Plan
The Company will provide and pay for the Company Group Dental Plan. The
Company will be the sole policy holder and administrator of the above mentioned
plan.
The Company will provide the following coverage through the Company Group
Dental Plan:
The annual maximum covered expense is $2000 per eligible person.
Orthodontic coverage for eligible dependent children is $2500.
Basic Dental Services will be 90%.
For Pilots married to a member of the Dental and Supplemental Health Plans, co-
ordination of benefits is allowed.
No changes and/or amendments to the benefits will be made without the
agreement from ACPA.
15.06 Company Insurances in War Zones
All Air Canada insurances will be in effect while on Air Canada business in areas of
both declared and undeclared wars.
15.07 Missing and Internment Benefits
Any Pilot who, while engaged in the course of his duties for the Company,
becomes missing or is reported interned, captured, or held as a prisoner or
hostage or is missing under circumstances which would indicate being interned,
captured or held prisoner or hostage, shall be allowed compensation calculated on
the average daily earnings of the best three (3) block months during the last twelve
(12) months of active line service prior to the time he became missing, was
captured or held prisoner or hostage. The daily average flying pay shall be
adjusted to include negotiated pay increases.
Such compensation will continue for the period during which the Pilot is
interned, captured, or held as prisoner or hostage or until the Pilot is able to
return to regular line duty, subject to the conditions of A31.08. When a Pilot
remains missing, the compensation allowed under this article will continue until
the date that the Pilot’s death is established in fact or for a maximum of 7½
years (or for the period described in the applicable laws).
The monthly compensation allowable under A15.07.01 will be credited to the Pilot
and will be dispersed by the Company in accordance with written directions from
him. The Company will request from each Pilot hereafter employed to execute and
deliver to the Company, prior to such employment, a written direction in the form
prescribed in A15.07.06. The Company will, as soon as practicable, request all
Pilots now employed to execute and deliver to the Company such a written
direction.
Article 15 – Insurance, Medical, and Dental (Rev. 4 – 30 Sep 17) 57
Any amounts credited to the account of a Pilot or paid to his beneficiary in
accordance with the provisions of A15.07, will not be required to be returned by
such beneficiary or by the estate of the Pilot even though it is established that such
payments were made after the death of the Pilot, nor will such amounts be a
charge against the estate of the Pilot, provided that such beneficiary will have
furnished the Company with any evidence indicating the death of the Pilot promptly
after its receipt.
As an alternative to paying compensation in accordance with A15.07.01, the
Company may pay the difference between the amount of such compensation and
the amount of any compensation provided for by law in respect of persons missing,
interned, captured, held as prisoner or hostage as described in A15.07.01.
Any payments due to the Pilot under A15.07, which are not covered by a written
direction as above requested, will be held by the Company for any such Pilot in an
interest bearing account in the Pilot's name. In the event of reasonable
presumption of a Pilot’s death, in accordance with the applicable laws, all monies
will be paid to the legal representative of his estate.
The direction referred to in A15.07.02 will be in substantially the following form:
To: Air Canada Date _____________________
You are hereby directed to pay all monthly compensation allowable to me
under the terms of A15.07.02 of the Agreement between Air Canada and the
Air Canada Pilots Association as follows:
1. Name: _________________________
Address: _________________________
As long as living, or
2. Bank or Trust Company: _________________________
Transit Number: _________________________
Account number: _________________________
The foregoing direction may be modified by letter signed by the undersigned,
and any modifications will become effective upon receipt of such letter.
The balance, if any, and any amounts accruing after death to all persons
designated will be held for me or, in the event of my death before receipt
thereof, will be paid to the legal representative of my estate.
Payments made by the Company pursuant to this direction will fully release
the Company from any further claims to compensation on my behalf under
A15.07 of the Agreement between Air Canada and the Air Canada Pilots
Association.
_________________________
Pilot’s name
Article 15 – Insurance, Medical, and Dental (Rev. 4 – 30 Sep 17) 58
_________________________
Pilot’s Employee Number
_________________________ _________________________
Pilot’s Signature Witnessed by Air Canada
Article 15 – Insurance, Medical, and Dental (Rev. 4 – 30 Sep 17) 59
ARTICLE 16 – GROUP DISABILITY INCOME PLAN (GDIP)– PILOTS
16.01 General
Purpose of the Plan – The “Air Canada Group Disability Income Plan – Pilots” will
provide a reasonable level of income protection during periods that a Pilot is, for
medical reasons, unable to perform his regular duties, subject to the limitations
herein.
Application for Membership – Membership is automatic, no application is
necessary.
Certificate of Membership – No individual certificates are issued under this plan.
Participation in the plan is a condition of employment (including Pilots-in-training).
There is no conversion privilege for this insurance.
The total monthly premium for GDIP is paid by the Company.
16.02 Covered Earnings for the Calculation of Benefits
Maximum Covered Salary:
The maximum monthly insurable earnings will be $21,000.
Monthly Earnings:
His presumed earnings at the time of his original disability will be based on 3 full
Block Period average or the average earnings of the last 12 Block Periods,
whichever is the greater, immediately preceding the date on which the disability
commenced.
If there is a revised salary schedule or Collective Agreement which is retroactive
to a date prior to the last day entitled to pay there will be an adjustment to the
benefits payable.
16.03 Disabilities Covered by the Plan
The following levels of disability conditions are covered by the plan:
“Disabled” – A Pilot will be considered disabled if Air Canada Occupational
Health Services or Transport Canada determine that, for medical reasons, he is
unfit to fly.
“Totally Disabled” – A “totally disabled” employee is one whose condition is
judged by Air Canada Occupational Health Services to be such that he is unable
to work at any job for which he is reasonably fitted by education, training or
experience.
“Medically Restricted Return to Duty” – A Pilot returning to flight duty with a
medically restricted license which precludes him from occupying his former
Position will have his Group Disability Benefit pay the difference between his
actual earnings in the restricted Position and his presumed earnings at the time
of his original disability.
16.03.01.03.01 Allowable service will continue to accrue during the period that a Pilot is in
receipt of benefits.
16.03.01.03.02 Pensionable earnings credits will continue to be based on his presumed
earnings as defined in A16.02.02.
16.03.01.03.03 All other benefits in accordance with the Position being flown consistent with
the terms of the Collective Agreement.
Pregnancy Leave – A Pilot who is pregnant is covered under the Plan for the
periods during the pregnancy she has been declared unfit to fly for medical
reasons by a certified physician. A post partum medical examination will be
required within -6 weeks.
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 60
Once she is deemed fit to fly following her child’s birth, a Pilot shall be eligible to
receive, for the balance of the 17-week period following that birth, benefits equal
to the difference between what she was receiving while covered under the Plan
and what she is receiving through Employment Insurance/Quebec Parental
Insurance Plan (QPIP). Proof that the Pilot is in receipt of Employment
Insurance/QPIP benefits is required before this additional benefit will be paid.
For the following items the employee is covered when receiving continuing
treatment from a physician who is certified in psychiatry, OR unless required to
meet the minimum sickness and the injury provisions of the Employment Insurance
Act.
Hysteria
Phobic Reactions
Obsessive compulsive disorder
A psychoneurotic disorder
A behavioural disorder
For the following items the employee is undergoing an alcohol or drug addiction
rehabilitation program that has received the prior approval of the Company but only
while the employee is undergoing the program of rehabilitation, OR unless required
to meet the minimum sickness and the injury provisions of the Employment
Insurance Act.
Alcoholism
Drug addiction
Notwithstanding A16.03.03 and A16.03.04, it is the intention to consider each of
these claims individually and, based on the assessment of the insurer’s Claim
Department and Medical Board and the Air Canada Medical Directors made during
the initial year to continue payment beyond one year, in accordance with the terms
of the policy where the condition is judged to be sufficiently severe as to be
comparable to a psychosis. By virtue of the fact, these cases require individual
consideration, they do not lend themselves to precise contract definition.
Subject to the minimum requirements under the sickness and injury provisions
of the Employment Insurance Act, and regulations, no benefits are payable to
any claimant who fails to undertake and maintain any program of rehabilitative
training or treatment which is recommended by his physician or by the
Company’s Medical Board and is designed to result in any improvement in his
condition with a view to making possible his re-qualification for flight duties.
16.04 Disabilities Not Covered by the Plan
Benefits are not payable for any of the following:
An injury or sickness which is a result of a hostile act occurring in a war zone
which the employee has entered voluntarily and not in the course of the
performance of his duties with the employer.
An intentionally self-inflicted injury or sickness.
16.05 Suspension/Reinstatement of Coverage
Coverage will be suspended on the date:
Voluntary Leave of Absence – An employee is placed on Voluntary leave of
absence, and will remain suspended for the duration of the Leave of Absence. If
the employee becomes disabled while on such Leave of Absence, he will be
entitled to income benefits from the plan commencing the 31st day from the date
he is scheduled to return to active employment.
Employment Suspension – An employee is suspended from Active employment
except that in the case of a member who becomes disabled prior to being
placed on suspension, he will continue to be entitled to income benefits until
assessed as fit to return to active employment. If an employee becomes
disabled during such period of suspension, he will be entitled to receive income
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 61
benefits from the plan commencing on the 31st day from the date he is
scheduled to return to active employment.
Furlough – An employee is Furloughed, except that if the employee is disabled
prior to being placed on furlough, he will continue to receive the benefits of the
plan until such time as he is assessed fit to return to active employment.
On Strike/Lockout – An employee is On Strike or Locked Out as a result of a
dispute between ACPA and Air Canada except that in the case of a member
who becomes disabled prior to any such strike or lockout, he will continue to be
entitled to income benefits until assessed as fit to return to active duty. If an
employee becomes disabled during such period of strike or lockout, he will be
entitled to receive income benefits from the Plan commencing on the 31st day
from the date he is scheduled to return to active employment.
Coverage is automatically reinstated on return to active employment.
16.06 Termination of Coverage
Coverage terminates on the earliest of:
The date the employee leaves the Company.
The date the employee ceases to be a Pilot.
The date the employee retires.
The date on which he is entitled to receive the benefits provided by the pension
plan without adjustment by reason of early retirement.
The date the employee dies.
Coverage may NOT be terminated at the option of the individual member.
16.07 Claims Procedure
Employee Actions:
The employee will notify his immediate supervisor of the expected duration of
his absence on the first day of his disability.
If absence is likely to last more than 30 days, the employee will obtain the
following forms from the Base Personnel Services office:
16.07.01.02.01 the “Pilot Group Disability-Employee's Statement” (ACF863P1),
16.07.01.02.02 the “Pilot Group Disability-Physician's Statement” (ACF863P2) and
16.07.01.02.03 the pre-addressed blue-cornered envelope (ACF851G).
The employee will complete Part 1 of the “Confidential Statement of Claim” form
and return it to his Flight Supervisor or to Personnel Services who will complete
Part 2.
Once Part 1 and Part 2 are completed, the employee will have the Physician
complete the “Attending Physician's Statement”. If declared “medically unfit to
fly” and removed from flight duties, the “Attending Physician's Statement” should
be completed by the Company medical officer.
16.07.01.04.01 If there are any problems completing the claim form, contact the Flight
Supervisor or a Personnel Services representative for assistance.
16.07.01.04.02 In some cases, to enable payment (or continuation of payment) of benefits,
Great-West Life may ask for additional information from the attending
physician. It is recommended that the physician be requested to provide the
required information as soon as possible in order to avoid any undue delay in
the adjudication of the claim.
Assessment of Claims:
A medical decision will be made to determine whether it is a case of “Total
Disability” or “Disabled”.
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 62
16.07.02.01.01 It is not necessary for an employee to be confined to his home in order to be
considered “totally disabled”; however, to be eligible for benefits, the
employee must be continuously disabled and under the continuous care of a
physician legally licensed to practice medicine.
16.07.02.01.02 The assessment of disability will be based on reports of the employee, the
employer and the attending physician. Consideration will be given to the
employee's ability to perform alternative work and the appropriateness of
such work for the employee involved.
16.07.02.01.03 Prior to the end of the first year of disability, the Underwriters will assess the
degree of the employee's disablement to determine whether the employee is
disabled or totally disabled as defined under the plan. The results of such
assessment will be forwarded to the Corporate & Human Resources Branch,
the Advisory Committee and to Payrolls.
Follow-Up Information:
Follow-up medical reports will be required by the Underwriter from time to time
while benefits are being paid. These follow-up reports will be requested at
varying intervals depending on the nature of the disability.
While it is the responsibility of the Underwriters to conduct the normal follow-up
on disabled employees, Air Canada may require an investigation be made of a
particular case where doubt exists as to the validity of the employee's disability
or the duration of the period of disablement. When circumstances suggest a
special investigation is required, refer the situation to the Corporate & Human
Resources Branch, Montreal, as quickly as possible, with full particulars, for
further handling with the Underwriters, the Medical Board and/or the Advisory
Committee, as applicable. (It may be necessary to withhold further income
benefits until the results of the investigation are known.)
Disputed Claims:
Should the employee be dissatisfied with the assessment, he may lodge an
appeal through his representatives on the Advisory Committee for
reconsideration. (See A16.10 for role of the Advisory Committee).
Where an assessment is in dispute, a 3-person medical board will be
established in accordance with A16.11 and the findings of this board will be
considered as final.
16.08 Benefits
Waiting Periods:
For each separate disability period there is a waiting period of 30 consecutive
days, commencing from the date of the original injury or illness, before disability
benefit payments commence. During this period, sick leave will be in
accordance with the Sick Leave provisions of the Collective Agreement.
Under the terms of the plan, the disability commences on the date of the original
injury or illness and, for successive periods of absence, disability benefit
payments will commence immediately without a further waiting period if: such
absence is due to the same cause and is separated by less than 180 days of
active full time employment, or due to different cause and is separated by less
than 30 days of active full time employment.
16.08.01.02.01 Employees absent from work due to illness or injury covered under the
appropriate provincial workers’ compensation legislation will be removed
from the payroll in accordance with Company Policy as outlined on
ACAeronet.
Disabled Benefit Schedule:
An employee who is disabled will be paid a benefit, determined by applying that
percentage of the employee's monthly earnings shown opposite his applicable
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 63
year of service, for the benefit period shown in the following schedule:
Short Term
Years of Sickness
Long Term Benefit
Service Waiting
Period
1 30 days + 11 months at 60% + 2 years at 40%
2 30 days + 11 months at 60% + 2 years at 41%
3 30 days + 11 months at 60% + 2 years at 42%
4 30 days + 11 months at 60% + 3 years at 43%
5 30 days + 11 months at 60% + 4 years at 44%
6 30 days + 11 months at 60% + 15.5 years at 45%
7 30 days + 11 months at 60% + 15.5 years at 47%
8 30 days + 11 months at 60% + 15.5 years at 49%
9 30 days + 11 months at 60% + 15.5 years at 51%
10 30 days + 11 months at 60% + 15.5 years at 53%
11 30 days + 11 months at 60% + 15.5 years at 55%
12 30 days + 11 months at 60% + 15.5 years at 57%
13 30 days + 11 months at 60% + 15.5 years at 59%
14 30 days + 11 months at 60% + 15 years at 60%
15 30 days + 11 months at 60% + 14 years at 60%
16 30 days + 11 months at 60% + 13 years at 60%
17 30 days + 11 months at 60% + 12 years at 60%
18 30 days + 11 months at 60% + 11 years at 60%
19 30 days + 11 months at 60% + 10 years at 60%
20 30 days + 11 months at 60% + 9 years at 60%
21 30 days + 11 months at 60% + 8 years at 60%
22 30 days + 11 months at 60% + 7 years at 60%
23 30 days + 11 months at 60% + 6 years at 60%
24 30 days + 11 months at 60% + 5 years at 60%
25 30 days + 11 months at 60% + 4 years at 60%
26 30 days + 11 months at 60% + 3 years at 60%
27 30 days + 11 months at 60% + 2 years at 60%
28 30 days + 11 months at 60% + 2 years at 60%
29 30 days + 11 months at 60% + 2 years at 60%
30 30 days + 11 months at 60% + 2 years at 60%
and over
Notwithstanding anything to the contrary expressed or implied in the Disabled
Benefit Schedule, if on the date an employee becomes disabled his Years of
Service as a Permanent Management Pilot, Acting Check Pilot, or Acting Flight
Instructor or Pilot total:
16.08.02.02.01 At least three years but less than 6 years, his “Benefit Period” will be
increased by 30 days for each full calendar month worked in excess of the
number of full years shown in the column entitled “Years of Service”.
16.08.02.02.02 At least 13 years but less than 14 years, his “Benefit Period” will be
decreased by 15 days for each full calendar month worked in excess of the
employee's number of full years of service as a Permanent Management
Pilot, Acting Check Pilot, or Acting Flight Instructor or Pilot.
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 64
16.08.02.02.03 At least 14 years but less than 27 years, his “Benefit Period” will be
decreased by 30 days for each full calendar month worked in excess of the
employee's number of full years of service as a Permanent Management
Pilot, Acting Check Pilot, or Acting Flight Instructor or Pilot.
Totally Disabled Benefit Schedule:
For claimants who are assessed as “Totally Disabled”, benefits in the second
and subsequent years will be paid at 60% of salary to the earlier of death,
recovery or the date on which he is entitled to receive the benefits provided by
the pension plan without adjustment by reason of early retirement.
Minimum Benefit:
Notwithstanding anything to the contrary contained in the Schedule of Benefits,
it is hereby provided that in no event will an employee's benefit be less than the
monthly equivalent of the current weekly benefit paid under the Employment
Insurance Act of Canada.
Indexation of Benefits:
For employees who are classified by the Company as “disabled” or “totally
disabled”, on January 1 of each year a Pilot's GDIP benefit will be indexed by
applying 50% of the change in the CPI for the period November to October in
the immediately preceding respective 2 years.
The indexation benefit will be limited to a maximum increase of 5%.
The applicable adjustment to benefits will be made effective with the first benefit
payment issued on or after January 1 of each year.
Pilots who are on GDIP benefits less than 1 year as of January 1 will have their
CPI increase prorated.
Suspension of Benefits:
Income benefits will be suspended during any period the employee is returned
to the payroll at the full pay of his regular job or due to vacation clearance,
regardless of the continuing disability.
16.08.06.01.01 Should suspension of income benefits occur during the first-year benefit
period, the first-year level of income benefits will be extended by a
corresponding period.
Termination of Benefits:
All benefits will cease for all employees on the date on which they are entitled to
receive the benefits provided by the pension plan without adjustment by reason
of early retirement.
16.09 Waiver of Premiums for Other Plans
While an employee is in receipt of benefits under the plan:
Contributions are waived and allowable service continues in the Pension Plan.
Pensionable earnings credits will be based on his presumed earnings as
defined in A16.02.02.
The employee is entitled to full coverage under the Group Life, Dental and
Supplementary Health Insurance Plans, and the Basic Accidental Death,
Dismemberment and Loss of Use (AD&D/LU) Insurance Plan without cost to him.
Notwithstanding the above, when employed in Air Canada in either an alternative
job or part-time in a regular job, normal payroll deductions will be made for Group
insurances, as applicable, and Pension if the salary in the alternative job exceeds
that received in his regular job.
16.10 Disability Income Plan Advisory Committee
A committee known as the Disability Income Plan Advisory Committee will be
formed. This Committee will consist of 3 members appointed by ACPA and 3
members appointed by Air Canada. This Committee will adjudicate all disputed
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 65
claims. To permit the Committee to perform its function, all pertinent and requested
information, other than information considered confidential between the claimant
and the attending physician, will be provided to the Committee.
The Committee will be informed in all cases where it is the intention of the insurer
to terminate a Pilot's benefit (other than for termination of normal “schedule”
benefits) and will by majority vote have the authority to extend the period of
coverage when in their opinion such extension would contribute to the claimant's
ability to return to active status. The duration of any such extension will also be
subject to the agreement of a majority of the Advisory Committee.
It would be difficult, indeed unwise, to attempt to establish rules and procedures
that will apply in each and every case. Guidelines have been provided that should
apply in most circumstances. In arriving at its conclusions, the Advisory Committee
should be guided by common sense and the purpose of the Plan.
Any dispute arising out of the application or interpretation of the Disability Income
Plan not resolved by a majority vote of the Committee will be settled by arbitration
in accordance with A7 of the Collective Agreement between the Parties except
when the dispute is one regarding a medical opinion, a Board will be established.
16.11 Medical Board – Selection and Duties
Where a medical assessment is in dispute a 3-person medical board will be
established as follows:
One Medical Examiner selected by Air Canada.
One Medical Examiner selected by claimant.
The selected Examiners to agree upon and appoint a third qualified and
disinterested Medical Examiner, preferably a specialist in the related field.
The findings of this Board will be considered as final.
16.12 Correspondence about the Plan
For inquiries about payments, completion of forms, income benefits, individual
claims, etc, contact:
1 (855) 855-0785 US/CDA
or
[email protected]
For other inquiries contact ACPA.
Article 16 – Group Disability Income Plan (GDIP)– Pilots (Rev. 4 – 30 Sep 17) 66
ARTICLE 17 – PENSION
17.01 Air Canada Pilot Pension Plan
Introduction
This A17.01 pertains solely to the Pilots who are members of the Air Canada
Pension Plan – Pilots.
A separate pension plan and trust fund have been established as at January 1,
1998 for Pilots. These are called respectively the Air Canada Pension Plan – Pilots
and the Air Canada Pension Trust Fund – Pilots. The rules of the new pension plan
are contained in the plan text of the Air Canada Pension Plan – Pilots.
The Company has co-mingled the assets of the two plans (Air Canada Pension
Plan and Air Canada Pension Plan – Pilots) for investment purposes in the Air
Canada Pension Master Trust Fund. ACPA’s actuaries shall have access to all
pertinent information pursuant to the Air Canada Pension Plan – Pilots.
The Air Canada Pension Plan – Pilots shall be administered by a committee
(“Committee”) comprised of equal numbers of ACPA and Company appointees.
Any costs normally borne by the Air Canada Pension Master Trust Fund are
automatically charged on a proportionate basis to the participating funds; however,
specific Pilot plan costs that are incurred will be charged to the Pilot plan.
Review of Plan Amendments
Air Canada undertook to amend the text of the Air Canada Pension Plan-Pilots to
incorporate amendments to such plan text which were required by A17.01. The
amended text has been submitted to ACPA for approval. Thereafter the plan text
will not be changed unless required by law or agreed to by the parties.
Amendments which are required by any law which applies to the Air Canada
Pension Plan – Pilots can be made unilaterally by Air Canada.
Unless required by any law that applies to the Air Canada Pension Plan – Pilots,
the Company shall not, without the consent of ACPA;
divide or merge the plan or the trust fund;
transfer into the plan, liabilities for pension benefits from another registered or
non-registered pension plan or arrangement, except in respect of newly
employed plan members in accordance with a reciprocal transfer agreement
with an arms length plan or in respect of employees who become members of
the Air Canada Pension Plan – Pilots due to a change in job positions; or
transfer assets from the trust fund to another registered or non-registered
pension plan or arrangement sponsored by the Company or any other entity,
except in respect of members whose employment with the Company has
terminated or in respect of employees who cease to be members of the Air
Canada Pension Plan – Pilots due to a change in job positions.
Maximum Pension Units
Effective January 1, 1990, a Pilot who retires in accordance with the rules of the Air
Canada Pension Plan – Pilots (“the Registered Plan”) (the Air Canada Pension
Plan for those who retired prior to January 1, 1998) shall be entitled to a total
pension calculated and payable in accordance with such rules, with the exception
of the maximum pension defined in such rules which, instead of the Defined Benefit
Limit defined in such rules, multiplied by the Pilot’s years of allowable service, shall
be equal to new amounts (“maximum pension unit”) multiplied by the Pilot’s years
of allowable service. The maximum pension unit varies with the year of retirement
and will be subject to meeting the Benchmarks as defined in the Memorandum of
Agreement of September 30, 2014 (“Memorandum of Agreement”) as follows:
Article 17 – Pension (Rev. 4 – 30 Sep 17) 67
Maximum Pension Unit
Benchmark For years of For years of
Year of
allowable allowable service
retirement
service before after 01-01-1990
No 1990 01-01-1990
$1,784 $2,277
Benchmark 1991 $1,855 $2,368
1992 $1,929 $2,463
1993 $2,006 $2,561
1994 $2,087 $2,664
1995 $2,170 $2,771
1996 $2,257 $2,881
1997 $2,348 $2,996
1998 $2,441 $3,116
1999 $2,539 $3,241
2000 $2,641 $3,370
2001 $2,747 $3,505
2002 $2,857 $3,645
2003 $2,971 $3,791
2004 $3,090 $3,942
2005 $3,213 $4,100
2006 $3,342 $4,264
until 2016
2017 2017 $3,409 $4,349
Benchmark 2018 $3,477 $4,436
2019 $3,547 $4,525
2020 2020 $3,618 $4,616
Benchmark 2021 $3,690 $4,708
2022 $3,764 $4,802
2023 2023 $3,839 $4,898
Benchmark 2024 $3,916 $4,996
2017 Benchmark:
MPUs will be increased, as described in the above table, for the years of retirement 2017,
2018 and 2019 if the 2017 Benchmark is met by the time specified in the Memorandum of
Agreement.
If the 2017 Benchmark is not met by the time specified in the Memorandum of Agreement,
MPUs will remain unchanged, for all years of retirement on and after 2017, at their level
applicable for years of retirement before 2017 and any further increase based on meeting
2020 and 2023 Benchmarks as described in the Memorandum of Agreement shall not apply.
2020 Benchmark:
MPUs will be increased, as described in the above tables, for the years of retirement 2020,
2021 and 2022 if the 2020 Benchmark is met by the time specified in the Memorandum of
Agreement.
If the 2020 Benchmark is not met by the time specified in the Memorandum of Agreement,
MPUs will remain unchanged, for all years of retirement on and after 2020, at their level
applicable for years of retirement before 2020 and any further increase based on meeting the
2023 Benchmark as described in that Memorandum of Agreement shall not apply
2023 Benchmark:
MPUs will be increased, as described in the above tables, for the years of retirement 2023
and 2024 if the 2023 Benchmark is met by the time specified in the Memorandum of
Agreement.
Article 17 – Pension (Rev. 4 – 30 Sep 17) 68
If the 2023 Benchmark is not met by the time specified in that Memorandum of Agreement,
MPUs will remain unchanged, for all years of retirement on and after 2023, at their level
applicable for years of retirement before 2023.
If a Benchmark is met as set out above, the Registered Plan will be amended
effective January 1 of the Benchmark year to reflect the increase in MPUs, to the
extent permitted by law. Such amendment shall provide solely for the increase in
MPUs provided for by meeting such Benchmark. If such amendment is subject to
authorization by the Superintendent of the Office of the Superintendent of Financial
Institutions and/or the Canada Revenue Agency, the amendment shall be made
only if such authorization is obtained.
The pension and the maximum pension shall be calculated separately for allowable
service before and after January 1, 1990. For members retiring with 35 years of
allowable service, the calculation shall be made using the years in respect of which
the member has contributed to the pension plan.
The portion of the pension which cannot be payable from the Air Canada Pension
Plan – Pilots due to the limits imposed by the Income Tax Act and Regulations
(hereinafter called “supplementary pension”) shall be payable from the Company’s
general revenues or the RCA under A17.01.10. The supplementary pension shall
be payable in the same form as the pension payable under the Air Canada Pension
Plan – Pilots.
In the event a Pilot terminates service, A17.01.03 shall not apply and the pension
shall therefore be calculated as specified in the text of the Air Canada Pension
Plan – Pilots in respect of such Pilot.
In the event a Pilot dies before pension commences and before having completed
15 years of qualifying service, A17.01.03 shall not apply and the pension shall
therefore be calculated as specified in the text of the Air Canada Pension Plan –
Pilots in respect of such Pilot.
Members contributions
A member shall not be required to contribute in each calendar year an amount
which exceeds a maximum annual contribution determined as three times the
maximum pension unit in respect of allowable service after January 1, 1990
applicable for the given calendar year.
For the final year of contribution, the maximum contribution shall be equal to the
maximum annual contribution multiplied by the number of months of allowable
service recognized during the final year over 12.
Surviving Spouse’s pension
In the event a Pilot dies before pension commences but after having completed at
least 15 years of qualifying service, the benefits payable to the surviving spouse, if
any, shall be the greater of the death benefits payable from the Air Canada
Pension Plan – Pilots and an annual lifetime pension equal to 50% of the accrued
pension calculated as per A17.01.03 above.
Automatic indexation until January 1, 2006
Effective on each adjustment date, the monthly instalment payable as of
December 1st immediately preceding such adjustment date, to any pensioner
and to any surviving spouse, including the supplementary pension, shall be
increased:
17.01.06.01.01 by the applicable adjustment rate in case of a disability pensioner or in the
case of a surviving spouse; or
17.01.06.01.02 by the applicable adjustment rate if the pension commenced at least one
year prior to the applicable adjustment date, provided that the pensioner has
attained 60 years of age prior to such adjustment date; or
Article 17 – Pension (Rev. 4 – 30 Sep 17) 69
17.01.06.01.03 by 1/12th of the applicable adjustment rate for each month prior to the
applicable adjustment date, if it commenced within one year prior to such
adjustment date, provided that the pensioner had attained 60 years of age
prior to such adjustment date.
For the purposes of A17.01.06 “adjustment date” means January 1, 1999,
January 1, 2000, January 1, 2001, January 1, 2002, January 1, 2003,
January 1, 2004, January 1, 2005 and January 1, 2006, as applicable.
For the purposes of A17.01.06 “adjustment rate”, applicable as of an adjustment
date, means 50% of the first 6% increase in the ratio of the Pension Index as of
January 1 of the given calendar year over the Pension Index as of January 1 of
the previous calendar year.
The Pension Index as of January 1 of a year is the average for the 12-month
period ending October 31 of the previous year, of the Consumer Price Index for
each month in that 12-month period.
The Consumer Price Index for a month shall be as published by Statistics
Canada.
Use of ancillary benefits for funding of a portion of the supplementary
pension
Effective January 1, 1998, Air Canada has amended the new Air Canada Pension
Plan – Pilots so as to increase the portion of a Pilot’s total pension which is payable
from the Air Canada Pension Plan – Pilots. The following ancillary benefits have
been added for that purpose alone:
Bridge benefit – (As described in Section 6 of the Plan Text)
17.01.07.01.01 A Pilot who retires after having completed 25 years of qualifying service or
whose age plus qualifying service upon retirement adds up to 80 years or
more, will qualify for a bridge benefit.
17.01.07.01.02 The amount of monthly bridge benefit shall be equal to:
the maximum monthly pension payable under the Canada Pension Plan to a
person retiring at age 65 in the year of retirement of the Pilot
multiplied by
the ratio of allowable service over 35
17.01.07.01.03 The bridge benefit will be payable from the Pilot’s retirement date and will
cease with the payment due on the first of the month the Pilot reaches
age 65, or the first of the month preceding the Pilots date of death, if earlier.
In the case where the Pilot dies before age 65, 50% of the bridge benefit
shall automatically continue to be payable to the Pilot’s spouse, if there is
one, until the first of the month during which the Pilot would have reached
age 65, or the first of the month preceding the spouse’s date of death, if
earlier.
Indexation – As described in Section 6 and in Section 17 of the Plan Text
17.01.07.02.01 Effective January 1, 1998 and each January 1 thereafter up to and including
January 1, 2006, the pension in payment under the Air Canada Pension
Plan – Pilots to a Pilot who has retired before such date or to a survivor, shall
be indexed by an indexation rate as defined hereinafter.
17.01.07.02.02 The indexation rate applicable on January 1 of a given year shall be equal to
the first 3% increase in the ratio of the Pension Index as of January 1 of the
given calendar year over the Pension Index as of January 1 of the previous
calendar year, where the Pension Index is as defined in A17.01.06 above.
The indexation provided under A17.01.07.02 shall include any adjustments
to pensions in payment payable under the Air Canada Pension Plan – Pilots,
Article 17 – Pension (Rev. 4 – 30 Sep 17) 70
either as described in A17.01.06 of this Agreement or as provided as at
January 1, 1998 under the terms of the Air Canada Pension Plan – Pilots.
Effective January 1, 2000, Air Canada has amended the Air Canada Pension
Plan – Pilots so as to extend the indexation provided for in A17.01.07.02.01
above from January 1, 2002 (expiry date applicable before current Collective
Agreement) to January 1, 2006.
The sole purpose of the bridge benefit and the indexation described herein
above is to increase the portion of a Pilot’s total pension which is payable
from the Air Canada Pension Plan – Pilots. In no event shall the ancillary
benefits provided result in benefits in excess of those which would otherwise
be payable if this A17.01.07 was not applicable. Therefore, an additional
pension, if any, payable from the Air Canada Pension Plan – Pilots as a
result of the above bridge benefit and indexation will result in a decrease,
dollar for dollar, of the amount which would otherwise be payable as a
supplementary pension from the Company’s general revenues or the RCA.
Higher pension to age 65 option
The addition of a bridge benefit under the Air Canada Pension Plan – Pilots, in
order to pay a portion of the supplementary pension from the registered plan, shall
not prevent a Pilot of electing the higher pension to age 65 option. Any amount of
additional pension prior to age 65 which cannot be paid from the Air Canada
Pension Plan – Pilots due to limits imposed by the Income Tax Act and Regulations
will be paid as a supplementary pension with a corresponding actuarial reduction in
the pension from age 65.
Pension Plan Surplus on Termination
Subject to any required approval by the Office of the Superintendent of Financial
Institutions, the Air Canada Pension Plan – Pilots has been amended to provide
that, in case of termination of the plan, no part of the assets of the plan shall
revert to the benefit of the Company until the Superintendent’s consent has
been obtained and:
17.01.09.01.01 provision has been made for the payment to Members and Former Members
and their Spouses, Beneficiaries or estates of all accrued or payable benefits
in respect of membership up to the date of the termination and, for that
purpose, such benefits shall be treated as vested without regard to
conditions as to age, period of membership in the plan or period of
employment; and
17.01.09.01.02 provision has been made for distribution of surplus to Members, Former
Members and Spouses in accordance with section 18.5 of the plan, such
distribution to be made by applying the surplus, up to the sum of the actuarial
present value of the excess, if any, of the entitlement under A17.01.03 at the
date of Plan termination of each Member, Former Member, and Surviving
Spouse, over his or her entitlement under the Plan (his or her ‘excess
commuted value’), to each such individual in the same proportion that his or
her excess commuted value bears to the sum of all such excess commuted
values.
In the event the superintendent or other regulatory authority does not approve
any payment of benefits or distribution of surplus to members, such payments or
distributions shall be made in another form acceptable to ACPA.
Air Canada agrees that any required representation by the Company to Canada
Customs and Revenue Agency or the Office of the Superintendent of Financial
Institutions with respect to this A17.01.09 will be made jointly with ACPA.
The purpose of this provision is to secure the supplementary pension described
in A17.01.03 in the event of a plan windup and under no circumstances is it
intended to provide for any increase in benefits.
Use of Retirement Compensation Arrangement to Secure Pension Benefits
Article 17 – Pension (Rev. 4 – 30 Sep 17) 71
Effective April 2, 2000, Pilot contributions to the Air Canada Pension Trust
Fund – Pilots will be limited to 1.5 times the “post-1989” MPUs of that year. Pilot
contributions between this amount and an amount equal to 3 times the “post-
1989” MPUs (“Pilot RCA Contribution”) will be deposited into a Retirement
Compensation Arrangement fund (“RCA Plan”) to be established and
administered by Air Canada.
For each Pilot, Air Canada will contribute to the RCA an amount equal to the
Pilot RCA Contribution (“Basic Company Contribution”).
For Pilots covered by A16 – Group Disability Income Plan – Pilots, the Basic
Company Contribution shall be calculated in the same manner as for Active
Pilots based upon the deemed earnings used to determine the Average Annual
Compensation for pension calculation purposes.
For Pilots who have accrued or will accrue 35 years of service before Normal
Retirement Age, Air Canada shall continue to make the “Basic Company
Contribution” to their account in the RCA Plan. These contributions shall
continue from when the member accrues 35 years of allowable service until
their retirement date.
Each Pilot will have an individual account under the RCA which will comprise
the Pilots RCA Contributions, the Basic Company Contribution, investment
earnings thereon, distributions as set out in A17.01.10.04.05 and A17.01.10.05
and the applicable refundable tax credits.
If a Pilot retires from employment with eligibility to benefits payable from the
Supplementary Plan, the individual account of this Pilot will be used to pay the
supplementary pension that otherwise would have been paid by Air Canada, in
the following manner:
17.01.10.04.01 The Pilot will elect the date at which payments from the RCA will start.
Payments shall start no later than age 75.
17.01.10.04.02 Payments will be made over a period of 10 years: 1/10 of the account in the
first year of payment, 1/9 in the second year and so on until the 10th year,
provided that in no event shall such payment exceed the supplementary
pension.
17.01.10.04.03 In the event the RCA is not depleted at the end of the 10th year, any residual
amount in the RCA shall be used to pay the supplementary pension until the
RCA has been depleted.
17.01.10.04.04 Supplementary pensions payable from Air Canada to the Pilot will be
reduced by $1 for each $1 received from the RCA.
17.01.10.04.05 In cases where the pensioner and his survivor die before the Pilot’s RCA
payments have been depleted, the balance of the account will be distributed
proportionally between the other RCA members’ accounts. This calculation
and distribution will be allocated at the end of each calendar year.
If a Pilot terminates employment without eligibility for supplementary pension
benefits, the Pilot will receive a refund of the contributions made by the Pilot to
the RCA with the investment earnings credited thereon. The balance of the
Pilot’s RCA account will be distributed proportionally among the other RCA
members’ accounts at the end of the calendar year.
The RCA will be administered by Air Canada. Investments under the RCA will
be administered by a committee comprised of equal numbers of ACPA and Air
Canada appointees. The parties agree to meet to do all necessary work to
establish the operation of the RCA Plan by January 1, 2001. Expenses
associated with the set up of the RCA shall be borne by Air Canada. Ongoing
administration costs of the RCA Plan will be assumed by the RCA Plan.
In the event that an actuarial valuation of the Supplemental Plan for RCA
members reveals that the assets exceed the solvency liabilities, then, such
Article 17 – Pension (Rev. 4 – 30 Sep 17) 72
excess may be used to eliminate both the Air Canada and Pilots contributions
for the period corresponding to such excess.
For this purpose, the assets shall include, in addition to the RCA assets and
applicable refundable tax, a portion of the solvency surplus determined on a
valuation of the Air Canada Pension Plan – Pilots, as at the same valuation
date. Such portion shall be determined by the ratio of solvency liabilities in the
Air Canada Pension Plan – Pilots in respect of the RCA members to the total
solvency liabilities in the such plan.
The present value of the supplementary pensions shall be determined using the
same assumptions and methods as those used for the solvency valuation of the
Air Canada Pension Plan-Pilots on the same date except that an adjustment to
the discount rate shall be made for tax purposes.
In the event that the RCA is wound-up
17.01.10.08.01 a Pilot who does not satisfy the eligibility criteria for a supplementary pension
shall receive a refund of the contributions made by the Pilot to the RCA with
the investment earnings credited thereon. The balance of the Pilot’s RCA
account shall be allocated proportionally among the accounts of those Pilots
who do satisfy the eligibility criteria for a supplementary pension.
17.01.10.08.02 a Pilot who does satisfy the eligibility criteria for a supplementary pension
shall have that supplementary pension provided, to the extent possible,
1. by any additional benefits payable to the Pilot as a result of the
termination of the Air Canada Pension Plan – Pilots, and
2. by his individual RCA account.
17.01.10.08.03 if the combination of any additional benefits payable as a result of the
termination of the Air Canada Pension Plan – Pilots and his individual RCA
account is more than sufficient to provide for his supplementary pension, the
excess in his RCA account over the amount needed to provide the
supplementary pension, shall be allocated proportionately to the accounts of
those Pilots whose supplementary pensions are not fully funded by
A17.01.10.08.02 above, to the extent necessary to fund their supplementary
pensions.
17.01.10.08.04 if any assets remain in the RCA, they shall then be used to fund the
supplementary pensions of those members who retired prior to April 2, 2000
with an entitlement to a supplementary pension and their survivors, and after
taking into account any additional benefits payable to the members as a
result of the termination of the Air Canada Pension Plan- Pilots, until all those
members are fully funded.
17.01.10.08.05 if, after this process, there remains any assets in the RCA, those assets shall
revert to the Company.
Within one month of the ratification of the Collective Agreement in year 2000, Air
Canada shall make a special contribution of $11,500,000 to the RCA. On April
2, 2001 and April 2, 2002, Air Canada shall make further special contributions of
$11,500,000 each to the RCA. These special contributions shall be allocated
among the individual accounts of all Active and disabled Pilots who, on April 2,
2000, were within 10 years of their Normal Retirement Date. This allocation
shall be made in the following manner:
17.01.10.09.01 The individual account of the Pilot shall be credited with an amount equal to
the allocation factor, multiplied by:
1. the Pilot’s year 2000 Compensation which is in excess of $93,650 without
exceeding $177,900, multiplied by:
2. the difference between 10 and the years and completed months
(expressed in twelfths of a year) by which April 2, 2000 precedes his or
her Normal Retirement Date.
Article 17 – Pension (Rev. 4 – 30 Sep 17) 73
17.01.10.09.02 The Compensation used shall be as defined in the Air Canada Pension
Plan – Pilots. For Pilots covered by A16, Group Disability Income Plan –
Pilots, the year 2000 deemed earnings used to determine the Average
Annual Compensation for pension calculation purposes shall be used. For
Pilots retiring between April 2, 2000 and January 1, 2001, the actual
Compensation until retirement shall be annualized.
17.01.10.09.03 The allocation factor shall be established in such a way that the special
contribution will be fully allocated among Active and disabled Pilots who, on
April 2, 2000, have attained age 50. The allocation factor is estimated at
approximately 5.8%.
The agreement described under this A17.01.10 is effective from April 2, 2000
and is based on the current Income Tax Act and regulations then in effect. In the
event that changes to the Income Tax Act and/or its regulations would change
the amount of pension that can be paid from a registered pension plan, and/or
the members’ contributions that can be paid to a registered pension plan, and/or
the rules applying to retirement compensation arrangements, the RCA Plan may
be amended. Any amendment to the RCA Plan resulting from any legislative or
regulatory change shall be made by mutual agreement.
Top-Up of Benefits on Grounded Retirement
A Pilot who exhausts benefits under the GDIP Plan and does not qualify for
Disability Retirement, but elects, after ratification of the Collective Agreement,
Grounded Retirement under Section 5.4 of the Air Canada Pension Plan – Pilots
shall receive a monthly amount payable from the Company’s general revenues
equal to the Disability Retirement Pension the Pilot would have received had the
Pilot retired with a Disability Retirement Pension less the Grounded Retirement
Pension payable.
Pilots who are currently receiving or have received benefits under the Grounded
Retirement provisions of the Air Canada Pension Plan – Pilots and are shown on
the attached letter shall be paid the difference between what they would have
received had they been entitled to a Disability Pension based on their earnings and
service at the time their GDIP benefits were exhausted, and what they received or
are receiving under Grounded Retirement benefits.
17.02 CAIL Pilot Pension Plan
Introduction
On the 20th day of November 2002, the Honorable George W. Adams issued an
Award in the matter of a mediation – arbitration between ACPA and Air Canada.
This A17.02 essentially reproduces the Order included in such Award.
In this A17.02, “Registered Plan” refers to the Pension Plan for former CAIL Pilots
(Pension Plan for Pilots, as represented by the Canadian Air Line Pilots
Association of Canadian Airlines International Ltd.), “Plan” refers to the pension
arrangement providing total benefits to former CAIL Pilots and “Supplemental Plan”
refers to the pension arrangement provided by the Plan in excess of benefits
provided by the Registered Plan. The “Air Canada Pension Plan” refers to the
Pension Plan applicable to pre-merger Air Canada Pilots (Air Canada Pension
Plan – Pilots).
Air Canada undertakes to amend the text of the Registered Plan to incorporate the
modifications described in this A17.02. Such modifications shall be effective as of
July 1, 2003. For greater clarity, it is specifically provided that no provision herein
shall cause the Registered Plan to be amended before July 1, 2003.
All other provisions of the text of the Registered Plan remain unchanged unless
required by law or agreed to by the parties.
Level of Benefits for Service before July 1, 2003
Article 17 – Pension (Rev. 4 – 30 Sep 17) 74
A Pilot who retires or terminates above age 50 with the right to an immediate
pension, on or after January 1, 2001, shall be entitled, in respect of his pensionable
service before July 1, 2003 excluding service bought back, to a total pension from
the Plan, calculated in accordance with the rules of the Registered Plan except for
the following:
The annual amount of maximum lifetime pension defined in the rules of the
Registered Plan shall be equal to Maximum Pension Units (“MPUs”) multiplied
by the Pilot’s years of pensionable service. The Maximum Pension Unit shall
vary with the year of retirement and will be subject to meeting the Benchmarks
defined in A17.01.03 as follows:
Benchmark Maximum
Maximum Maximum
Pension Unit for
Pension Unit Pension Unit for
years of
for years of years of
Year of pensionable
pensionable pensionable
retirement service from
service before service from
January 1, 1990
January 1, January 1, 2001
to December 31,
1990 to July 1, 2003
2000
2001 $2,444 $2,491 $3,505
2002 $2,542 $2,640 $3,645
2003 $2,644 $2,799 $3,791
2004 $2,750 $2,967 $3,942
2005 $2,860 $3,145 $4,100
2006 $2,974 $3,334 $4,264
until 2016
2017 2017 $3,048 $3,434 $4,349
Benchmark 2018 $3,124 $3,537 $4,436
2019 $3,202 $3,643 $4,525
2020 2020 $3,282 $3,752 $4,616
Benchmark 2021 $3,364 $3,865 $4,708
2022 $3,448 $3,981 $4,802
2023 2023 $3,534 $4,100 $4,898
Benchmark 2024 $3,622 $4,223 $4,996
The MPU increases set out in the table above as the 2017, 2020 and 2023
Benchmarks will only take effect on the same basis as those set out in A
17.01.03. If the condition is met for those MPU increases to take effect, the
Registered Plan will be amended effective January 1 of the Benchmark year to
reflect the increase in MPUs, to the extent permitted by law. Such amendment
shall provide solely for the increase in MPUs provided for by meeting such
Benchmark. If such amendment is subject to authorization by the
Superintendent of the Office of the Superintendent of Financial Institutions
and/or the Canada Revenue Agency, the amendment shall be made only if such
authorization is obtained.
The Maximum Pension Units referred to above shall be reduced upon early
retirement by the early retirement reduction factors provided for under Section 2.
of Article VI of the Registered Plan, provided however the resulting amount of
maximum pension from the Plan shall not be less than the maximum pension
calculated based on an MPU of $2,350 without applying such early retirement
factors.
The provisions of Section 5. of Article VI of the Registered Plan shall be
modified effective July 1, 2003 to provide that the maximum pension payable
upon early retirement as defined in the Registered Plan shall be reduced by ¼
of 1% for each complete month that the Pilot’s retirement date precedes age 60.
Article 17 – Pension (Rev. 4 – 30 Sep 17) 75
A retirement is defined as occurring after the completion of 25 years of
qualifying service or after attainment of 80 points where points are defined as
the sum of age and qualifying service. Qualifying service shall be defined as
under the Air Canada Pension Plan – Pilots and includes service bought back
under CAIL rules.
Level of Benefits for Service from July 1, 2003
A Pilot who retires on or after July 1, 2003, shall be entitled, in respect of his
pensionable service from July 1, 2003 excluding service bought back, to a total
pension from the Plan, calculated in the same manner as the one payable under
the Air Canada Pension Plan – Pilots. The main provisions are as follows:
The pension formula used to calculate benefits shall be 1.5% of Final Average
Earnings not exceeding Final Average YMPE plus 2.0% of Final Average
Earnings in excess of Final Average YMPE;
Final Average Earnings and Final Average YMPE shall be based over 5 years;
The annual amount of maximum lifetime pension defined in the rules of the
Registered Plan shall be equal to the Maximum Pension Units in the Air Canada
Pension Plan – Pilots multiplied by the Pilot’s years of pensionable service.
Accordingly, the Maximum Pension Units shall vary with the year of retirement
and will be subject to meeting the Benchmarks defined in A17.01.03 as follows:
Maximum Pension Unit
Year of
for years of pensionable service from
retirement
July 1, 2003
No Benchmark 2001 $3,505
2002 $3,645
2003 $3,791
2004 $3,942
2005 $4,100
2006 $4,264
until 2016
2017 2017 $4,349
Benchmark 2018 $4,436
2019 $4,525
2020 2020 $4,616
Benchmark 2021 $4,708
2022 $4,802
2023 2023 $4,898
Benchmark 2024 $4,996
The MPU increases set out in the table above as the 2017, 2020 and 2023
Benchmarks will only take effect on the same basis as those set out in A
17.01.03. If the condition is met for those MPU increases are to take effect, the
Registered Plan will be amended effective January 1 of the Benchmark year to
reflect the increase in MPUs, to the extent permitted by law. Such amendment
shall provide solely for the increase in MPUs provided for by meeting such
Benchmark. If such amendment is subject to authorization by the
Superintendent of the Office of the Superintendent of Financial Institutions
and/or the Canada Revenue Agency, the amendment shall be made only if such
authorization is obtained.
Termination or Death before Retirement
In the event a Pilot terminates service before qualifying for retirement and
before being at least age 50 with the right to an immediate pension under the
Registered Plan, A17.02.02 shall not apply and the pension shall therefore be
calculated as specified in the Registered Plan in respect of such Pilot. For
Article 17 – Pension (Rev. 4 – 30 Sep 17) 76
greater clarity, no benefits shall be payable to such Pilot from the Supplemental
Plan and no Ancillary Benefits referred to in A17.02.09 shall be provided.
In the event a Pilot terminates service before qualifying for retirement under the
Registered Plan, A17.02.03 shall not apply and the pension shall therefore be
calculated as specified in the Registered Plan in respect of such Pilot. For
greater clarity, no benefits shall be payable to such Pilot from the Supplemental
Plan and no Ancillary Benefits referred to in A17.02.09 shall be provided.
In the event a Pilot dies before pension commences, before having completed
15 years of qualifying service and before being at least age 50 with the right to
an immediate pension under the Registered Plan, A17.02.02 shall not apply and
the pension shall therefore be calculated as specified in the Registered Plan in
respect of such Pilot. For greater clarity, no benefits shall be payable to such
Pilot’s spouse from the Supplemental Plan and no Ancillary Benefits referred to
in A17.02.09 shall be provided.
In the event a Pilot dies before pension commences and before having
completed 15 years of qualifying service, A17.02.03 shall not apply and the
pension shall therefore be calculated as specified in the Registered Plan in
respect of such Pilot. For greater clarity, no benefits shall be payable to such
Pilot’s spouse from the Supplemental Plan and no Ancillary Benefits referred to
in A17.02.09 shall be provided.
Portion of Pension Payable from Registered Plan
The portion of the pension which cannot be payable from the Registered Plan
shall be payable from the Company’s general revenues or from the RCA set
up as per A17.02.12. The supplemental pension shall be payable in the same
form as the pension payable under the Registered Plan.
Pilot contributions
Effective July 1, 2003, Pilots are required to contribute 4.5% of earnings up to
YMPE and 6.0% of earnings in excess of YMPE (“Air Canada contribution
formula”). A member shall not be required to contribute to the Registered
Plan, in any calendar year on and after 2003, an amount which exceeds a
maximum annual contribution determined as 1.5 times the MPU in respect of
pensionable service after July 1, 2003 applicable for the given calendar year.
For the final year of contribution, the maximum contribution shall be equal to
the maximum annual contribution multiplied by the number of months of
allowable service recognized during the final year over 12.
Surviving Spouse’s Pension
In the event a Pilot dies after July 1, 2003 and before pension commences
and after having completed at least 15 years of qualifying service, the benefits
payable to the surviving spouse, if any, shall be established based on the
provisions of the Registered Plan but using the maximum amount of pension
modified as per A17.02.02 and A17.02.03.
Automatic Indexation until January 1, 2006
Effective on each adjustment date, the total monthly instalment payable under
the Plan as of December 1st immediately preceding such adjustment date, to
any pensioner and to any surviving spouse shall be increased:
17.02.08.01.01 by the applicable adjustment rate in case of a disability pensioner or in the
case of a surviving spouse; or
17.02.08.01.02 by the applicable adjustment rate if the pension commenced at least one
year prior to the applicable adjustment date, provided that the pensioner has
attained 60 years of age prior to such adjustment date; or
17.02.08.01.03 by 1/12th of the applicable adjustment rate for each month prior to the
applicable adjustment date, if it commenced within one year prior to such
Article 17 – Pension (Rev. 4 – 30 Sep 17) 77
adjustment date, provided that the pensioner had attained 60 years of age
prior to such adjustment date.
For the purposes of A17.02.08 “adjustment date” means January 1, 2001,
January 1, 2002, January 1, 2003, January 1, 2004, January 1, 2005 and
January 1, 2006, as applicable.
17.02.08.02.01 For the purposes of A17.02.08 “adjustment rate”, applicable as of January 1,
2001, January 1, 2002, January 1, 2003, January 1, 2004, January 1, 2005
and January 1, 2006 means 50% of the first 6% increase in the ratio of the
Pension Index as of January 1 of the given calendar year over the Pension
Index as of January 1 of the previous calendar year.
17.02.08.02.02 The Pension Index as of January 1 of a year is the average for the 12-month
period ending October 31 of the previous year, of the Consumer Price Index
for each month in that 12-month period.
17.02.08.02.03 The Consumer Price Index for a month shall be as published by Statistics
Canada.
Use of Ancillary Benefits for Funding a Portion of the Supplementary Pension
Effective July 1, 2003, Air Canada shall amend the Registered Plan so as to
increase the portion of a Pilot’s total pension which is payable from the
Registered Plan. The following ancillary benefits are being added for that
purpose alone:
Bridge benefit
Such bridge benefit is already provided for by Section 7 of Article VI of the
Registered Plan text.
Indexation
Subject to the provisions of A17.02.10, indexation of the Registered Plan
pension shall be as follows:
17.02.09.02.01 On January 1, 2004, January 1, 2005 and January 1, 2006, the pension in
payment under the Registered Plan to a Pilot who has retired before such
date or to a survivor, shall be indexed by an indexation rate as defined
hereinafter.
17.02.09.02.02 The indexation rate applicable on January 1 of a given year shall be equal to
the first 3% increase in the ratio of the Pension Index as of January 1 of the
given calendar year over the Pension Index as of January 1 of the previous
calendar year, where the Pension Index is as defined in A17.02.08.02.02
above.
The sole purpose of the bridge benefit and the indexation described herein
above is to increase the portion of a Pilot’s total pension which is payable
from the Registered Plan. In no event shall the ancillary benefits provided
result in benefits in excess of those which would otherwise be payable if this
A17.02.09 was not applicable. Therefore, an additional pension, if any,
payable from the Registered Plan as a result of the above bridge benefit and
indexation will result in a decrease, dollar for dollar, of the amount which
would otherwise be payable from the Supplemental Plan.
Condition on Use of Ancillary Benefits for Funding a Portion of the
Supplementary Pension
The ancillary benefits indexation provisions as per A17.02.09.02 shall not apply at
a date earlier than the date, if any, on which the Company obtains the approval
from regulatory authorities to modify the Registered Plan provisions as per
A17.02.02.03.
Defined Contribution Ancillary Supplement (DCAS)
Effective July 1, 2003, no more contributions shall be paid into DCAS. The
accumulated amount in the DCAS as at July 1, 2003 shall cease to be
Article 17 – Pension (Rev. 4 – 30 Sep 17) 78
considered as DCAS assets and shall be co-mingled with other assets of the
Plan. DCAS shall cease to exist effective July 1, 2003. Members of the
Registered Plan shall not have individual right to any amount under DCAS as at
that date.
Notwithstanding the above, for Pilots who retired before January 1, 2001, the
present value as at January 1, 2003 of additional benefits granted as per
A17.02.08, shall be at least equal to the individual account this member would
have been attributed if the individual allocation provided in LOU 52 of the Air
Canada/ACPA Collective Agreement had taken place on July 1, 2000.
If, for a Pilot who retired before January 1, 2001, the present value of additional
benefits granted as per A17.02.08 is less than his individual allocation, the
temporary indexation for this member shall be extended for a period so that
such present value be equal to the individual allocation.
Use of Retirement Compensation Arrangement to Secure Pension Benefits
Effective from fiscal year 2003, a Pilot’s contribution to the Registered Plan will
be limited to 1.5 times the MPU in respect of pensionable service after July 1,
2003 applicable for that year. From July 1, 2003, a Pilot’s contribution between
this amount and an amount equal to 3 times the MPU in respect of pensionable
service after July 1, 2003 applicable for that year (“Pilot RCA Contribution”) will
be deposited into a Retirement Compensation Arrangement fund (“RCA Plan”)
to be established and administered by Air Canada.
From July 1, 2003, Air Canada will contribute to the RCA, for each Pilot, an
amount equal to the Pilot RCA Contribution (“Basic Company Contribution”).
For Pilots covered by Group Disability Income Plan – Pilots, the Basic Company
Contribution shall be calculated in the same manner as for active Pilots based
upon the deemed earnings used to determine the Average Annual
Compensation for pension calculation purposes.
For Pilots who have accrued or will accrue 35 years of service before Normal
Retirement Age, Air Canada shall continue to make the “Basic Company
Contribution” to their account in the RCA Plan. These contributions shall
continue from when the member accrues 35 years of allowable service until
their retirement date.
Each Pilot will have an individual account under the RCA which will comprise
the Pilots RCA Contributions, the Basic Company Contribution, investment
earnings thereon, distributions as set out in A17.02.12.04.05 and A17.02.12.05
and the applicable refundable tax credits.
If a Pilot retires from employment with eligibility to benefits payable from the
Supplementary Plan, the individual account of this Pilot will be used to pay the
supplementary pension that otherwise would have been paid by Air Canada, in
the following manner:
17.02.12.04.01 The Pilot will elect the date at which payments from the RCA will start.
Payments shall start no later than age 75.
17.02.12.04.02 Payments will be made over a period of 10 years: 1/10 of the account in the
first year of payment, 1/9 in the second year and so on until the 10th year,
provided that in no event shall such payment exceed the supplementary
pension.
17.02.12.04.03 In the event the RCA is not depleted at the end of the 10th year, any residual
amount in the RCA shall be used to pay the supplementary pension until the
RCA has been depleted.
17.02.12.04.04 Supplementary pensions payable from Air Canada to the Pilot will be
reduced by $1 for each $1 received from the RCA.
17.02.12.04.05 In cases where the pensioner and his survivor die before the Pilot’s RCA
payments have been depleted, the balance of the account will be distributed
Article 17 – Pension (Rev. 4 – 30 Sep 17) 79
proportionally between the other RCA members’ accounts. This calculation
and distribution will be allocated at the end of each calendar year.
If a Pilot terminates employment without eligibility for supplementary pension
benefits, the Pilot will receive a refund of the contributions made by the Pilot to
the RCA with the investment earnings credited thereon. The balance of the
Pilot’s RCA account will be distributed proportionally among the other RCA
members’ accounts at the end of the calendar year.
The RCA will be administered by Air Canada. Investments under the RCA will
be administered by a committee comprised of equal numbers of the Association
and Air Canada appointees. The parties agree to meet to do all necessary work
to establish the operation of the RCA Plan by July 1, 2003. Expenses
associated with the set up of the RCA shall be borne by Air Canada. Ongoing
administration costs of the RCA Plan will be assumed by the RCA Plan.
In the event that an actuarial valuation of the Supplemental Plan for RCA
members reveals that the assets exceed the solvency liabilities, then, such
excess may be used to eliminate both the Air Canada and Pilots contributions
for the period corresponding to such excess.
For this purpose, the assets shall include, in addition to the RCA assets and
applicable refundable tax, a portion of the solvency surplus determined on a
valuation of the Registered Plan, as at the same valuation date. Such portion
shall be determined by the ratio of solvency liabilities in the Registered Plan in
respect of the RCA members to the total solvency liabilities in the said plan.
The present value of the supplementary pensions shall be determined using the
same assumptions and methods as those used for the solvency valuation of the
Registered Plan on the same date except that an adjustment to the discount
rate shall be made for tax purposes.
In the event that the RCA is wound-up:
17.02.12.08.01 a Pilot who does not meet the eligibility criteria for a supplementary pension
shall receive a refund of the contributions made by the Pilot to the RCA with
the investment earnings credited thereon. The balance of the Pilot’s RCA
account shall be allocated proportionally among the accounts of those Pilots
who do satisfy the eligibility criteria for a supplementary pension.
17.02.12.08.02 a Pilot who meets the eligibility criteria for a supplementary pension shall
have that supplementary pension provided, to the extent possible,
1. by any additional benefits payable to the Pilot as a result of the
termination of the Registered Plan, and
2. by his individual RCA account.
17.02.12.08.03 if the combination of any additional benefits payable as a result of the
termination of the Registered Plan and his individual RCA account is more
than sufficient to provide for his supplementary pension, the excess in his
RCA account over the amount needed to provide the supplementary
pension, shall be allocated proportionately to the accounts of those Pilots
whose supplementary pensions are not fully funded by A17.02.12.08.02
above, to the extent necessary to fund their supplementary pensions.
17.02.12.08.04 if any assets remain in the RCA, they shall then be used to fund the
supplementary pensions of those members who retired prior to July 1, 2003
with an entitlement to a supplementary pension and their survivors, and after
taking into any additional benefits payable to the members as a result of the
termination of the Registered Plan, until all those members are fully funded.
17.02.12.08.05 if, after this process, there remains any assets in the RCA, those assets shall
revert to the Company.
The agreement described under this A17.02.12 is based on the current Income
Tax Act and regulations in effect as of the date the Order was issued by the
Honourable George W. Adams. In the event that changes to the Income Tax Act
Article 17 – Pension (Rev. 4 – 30 Sep 17) 80
and/or its regulations would change the amount of pension that can be paid
from a registered pension plan, and/or the members’ contributions that can be
paid to a registered pension plan, and/or the rules applying to retirement
compensation arrangements, the RCA Plan may be amended.
Pension Plan Surplus on Termination
The Registered Plan shall be amended to provide that, in case of termination of
the plan, no part of the assets of the plan shall revert to the benefit of the
Company until the Superintendent’s consent has been obtained and:
17.02.13.01.01 provision has been made for the payment to Members and Former Members
and their Spouses, Beneficiaries or estates of all accrued or payable benefits
in respect of membership up to the date of the termination and, for that
purpose, such benefits shall be treated as vested without regard to
conditions as to age, period of membership in the plan or period of
employment; and
17.02.13.01.02 provision has been made for distribution of surplus to Members, Former
Members and Spouses, such distribution to be made by applying the surplus,
up to the sum of the actuarial present value of benefits under the
Supplemental Plan (his or her “excess commuted value”), to each such
individual in the same proportion that his or her excess commuted value
bears to the sum of all such excess commuted values.
In the event the Superintendent or other regulatory authority does not approve
any payment of benefits or distribution of surplus to members, such payments or
distributions shall be made in another form acceptable to the Association.
The purpose of this provision is to secure the benefits under the Supplemental
Plan in the event of a plan wind-up and under no circumstances is it intended to
provide for any increase in benefits.
Additional Remedies
No benefits shall accrue after July 1, 2003 to members who have accumulated
35 or more years of pensionable service in the Registered Plan. This shall
exclude years of service bought back by Pilots pursuant to Section 3 of Article
IV of the Registered Plan. Pilot contributions shall also cease on that same date.
For Pilots who reach 35 years of pensionable service (excluding years of
service bought back by Pilots pursuant to Section 3 of Article IV of the
Registered Plan) after July 1, 2003, benefits shall cease to accrue from the date
35 years of pensionable service is reached. Pilot contributions shall cease on
the same date.
For greater certainty, periods of service already bought back pursuant to
Section 3 of Article IV of the Registered Plan shall continue to be subject to the
same rules as those applicable before this agreement.
For service from July 1, 2003, the provisions of the Registered Plan and
Supplemental Plan concerning benefits provided, not specifically addressed in
this agreement, shall be substantially similar to those applicable to pre-merger
Air Canada Pilots.
The form of payment providing for the continuation of 100% of the pension to
the surviving spouse shall be offered to retiring members.
Ancillary benefits provided under the Pension Arrangement may be harmonized
by the Company to facilitate the administration and communication of the
Pension Arrangement. Such harmonization shall not decrease the actuarial
value of the benefits payable under the Pension Arrangement.
Former CAIL Pilots who have pre-2000 military or pre-2000 furloughed service
and who have not bought back these periods of service will be given the option
to buy back these periods of service. Former CRA Pilots hired by AC/CAIL after
April 2, 2000 will be given the option to buy back service pursuant to LOU 41 of
the Air Canada/ACPA Collective Agreement.
Article 17 – Pension (Rev. 4 – 30 Sep 17) 81
Pilots wishing to elect to buy back past service under A17.02.14.07 must make
their election between January 1, 2003 and April 30, 2003. The buy-back of
past service shall be at no cost to Air Canada.
Applicability of agreement
This agreement described under this A17.02 is subject to any review or approval
that may be required under applicable pension or income tax legislation. The
parties shall take any action that may be required to have the modifications
contained in this agreement approved by the regulatory authorities.
The parties also agree that the normal selection process for a Board of Arbitration
or sole arbitrator under A30 of the Collective Agreement does not apply to the
implementation, interpretation and administration of 17.02. The parties recognize
that, by virtue of the award of November 20, 2002 issued by the Honourable
George W. Adams Q.C., Arbitrator Adams retains jurisdiction to resolve any
dispute over the implementation, interpretation and administration of the November
20, 2002 award (as incorporated into A17.02) and shall do so in a summary
mediation-arbitration manner as he deems appropriate. The parties further
recognize that, pursuant to the mediation-arbitration protocol, the terms of
Arbitrator Adams’ appointment will continue to apply with respect to his retained
jurisdiction.
In the event that Arbitrator Adams is unable to act, the parties agree to mutually
select a replacement Arbitrator. Failing agreement between the parties on the
selection of the arbitrator, the arbitrator will be appointed by the Minister of Labour.
Top-Up of Benefits on Grounded Retirement
A Pilot who exhausts benefits under the GDIP Plan and does not qualify for
Disability Retirement, but elects, after ratification of the Collective Agreement,
Grounded Retirement under Section 5.4 of the CAIL Pilot Pension Plan shall
receive a monthly amount payable from the Company’s general revenues equal to
the Disability Retirement Pension the Pilot would have received had the Pilot
retired with a Disability Retirement Pension less the Grounded Retirement Pension
payable.
17.03 ACPA Multi-Employer Pension Plan (MEPP)
Subject to the terms set out in MOA # 1 dated July 24th, 2017 and its enclosed
Agreement to Participate, (“MOA #1”), every Air Canada employee who is a
member of ACPA and who is hired on or after January 01, 2018, or such other date
as agreed to by the parties, shall join a new Multi-Employer Pension Plan for ACPA
(“ACPA MEPP”). Such pilot is not eligible to join the AC Pilots Plan, the CAIL
Pilots Plan, or the ACPA DC Plan. For clarity, a pilot will continue to not have the
opportunity to transfer previous military service to Air Canada.
MOA #1 will be attached to and considered part of the Collective Agreement
between the parties.
Subject to the terms agreed to by ACPA and the Company in a Letter of
Commitment dated August 1, 2017 related to Pension Payback – Disability Leave
and Other Eligible Leaves (“MOA #2”), Members who are returning from an
authorized leave of absence shall have the opportunity to payback their pension
contributions.
Once the ACPA DC Plan is terminated in accordance with the terms of MOA #1,
sections 9 to 18 of LOU #77 of the Collective Agreement shall be suspended.
However, further to s. 6 (iii) of MOA #1, should eligible ACPA members cease to
participate in the ACPA MEPP, sections 9 to 18 of LOU #77 will be effective again.
Article 17 – Pension (Rev. 4 – 30 Sep 17) 82
ARTICLE 18 – MEALS AND ACCOMODATION EXPENSES
18.01 General
All Pilots, when away from domicile on flight duty, deadheading, training or
traveling under orders from the Company, will be allowed reasonable and
necessary expenses for single room accommodations, meals, meal allowances
and transportation in accordance with the following provisions.
18.02 Meals and Accommodations Standards Committee (MASC)
A Meals and Accommodations Standards Committee (MASC) comprised of
Company and ACPA representatives will meet quarterly or otherwise as required
for the purpose of reviewing adjustments in meal allowance rates, issues with on-
board meals, crew transportation and hotel accommodations.
Where standards involving quality, quantity and/or variety of the meals are deemed
to be deficient or deteriorating, or when any significant substantiated deterioration
of accommodation or transportation is reported to the Company in writing by
MASC, the Company will, within thirty (30) days investigate the situation and take
appropriate action, if required.
In the event MASC cannot reach an agreement on the items detailed in A18.02.01
and A18.02.02 above or the suitability of any specific hotel as in A18.07, ACPA
shall provide reasons in writing to the Vice-President, Flight Operations. The MEC
Chair and the Vice-President, Flight Operations will meet and resolve the matter.
18.03 Meals Allowance and Crew Meals
Air Canada shall implement an electronic means to allow Pilots to view boarded
crew meals and reasonably up to date meal allowances, gratuities and other
allowances, while operating or while deadheading. For day of flight schedule
changes, these allowances will be updated as soon as practicable.
Effective September 30, 2017, meal allowances for Domestic Operations
(Canada and the United States) shall be:
Effective
September 30, April 1, 2018 April 1, 2019 April 1, 2020
2017
Breakfast $15.62 $15.93 $16.25 $16.58
(B)
Lunch (L) $17.70 $18.05 $18.41 $18.78
Dinner (D) $35.06 $35.76 $36.48 $37.21
Snack (S) $9.16 $9.34 $9.53 $9.72
Total $77.54 $79.08 $80.67 $82.29
April 1, 2021 April 1, 2022 April 1, 2023 April 1, 2024
Breakfast $16.91 $17.25 $17.60 $17.95
(B)
Lunch (L) $19.16 $19.54 $19.93 $20.33
Dinner (D) $37.95 $38.71 $39.48 $40.27
Snack (S) $9.91 $10.11 $10.31 $10.52
Total $83.93 $85.61 $87.32 $89.07
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 83
The United States meal allowance will be in U.S. funds and indicated on the
pairing in Canadian funds at the official rate of exchange in effect at the
beginning of the preceding block month.
Crew meals on Domestic Operations (Canada, USA, Mexico and the Bahamas
and excluding Hawaii) will not be boarded and shall be paid as per A18.03.02
for duty periods and layovers during the recognized meal periods.
For greater clarity; meal allowances paid during the Domestic Operations
portion of a pairing shall be as follows:
18.03.02.03.01 Breakfast allowances will be paid as per A18.03.07.01.
18.03.02.03.02 When determining Lunch and Dinner allowances paid at the start of a pairing,
the appropriate meal rate designated as per A18.03.02 will be paid if the first
flight is scheduled to depart at, or prior to the end of the meal periods defined
in A18.03.06.02.
Example 1: A Lunch allowance shall be paid if the flight is scheduled to depart
at, or prior to 13:30.
Example 2: A Dinner allowance shall be paid if the flight is scheduled to
depart at, or prior to 19:30.
18.03.02.03.03 When determining Lunch and Dinner meal allowances paid at the end of a
pairing, the appropriate meal rate designated as per A18.03.02 will be paid if
the last flight is scheduled to arrive, or arrives during the applicable meal
period as follows:
1. A Lunch allowance shall be paid if the flight is scheduled to arrive, or
arrives at or after 12:30. (local time at the arrival station) and a Dinner
allowance shall be paid if the flight is scheduled to arrive, or arrives at or
after 18:30 (local time at the arrival station).
18.03.02.03.04 Single day pairings that do not operate during a meal period shall not be
eligible for a meal allowance.
18.03.02.03.05 The applicable meal allowance rate (CDN, USD or other country) shall
normally be paid as follows:
1. A minimum ground time of 1:15 in Canada and 1:30 for transborder, and
station stops in the US (excluding Hawaii), Mexico and Bahamas, is
required to change the allowance rate.
2. If a flight is scheduled to depart prior to the start of the Lunch or Dinner
meal period, and the previous station stop meets the criteria set out in
18.03.02.03.05 (1) above, the applicable meal allowance rate will be that
of the arrival station.
3. If the flight is scheduled to depart, or departs at or after the start of the
Lunch or Dinner meal period, and the next station stop meets the criteria
set out in 18.03.02.03.05 (1) above, the applicable meal allowance rate
will be that of the departure station.
18.03.02.03.06 Exceptions to the above will be made in consultation with MASC.
18.03.02.03.07 A snack allowance will be paid whenever a legal layover extends through the
hour of 02:00 local time.
A single Lunch (L) allowance will be paid outside of a recognized meal period
for red-eye flight legs that meet all the requirements listed below:
The flight is within the North American Zone;
The flight crosses 1.5 time zones or greater;
The flight leg is greater than 3 hours;
And the criteria from A) or B) below;
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 84
A B
The flight is traveling west to east;
The flight leg starts after 21:30 The flight leg starts after 21:30
and before 02:01 local time; and and before 02:01 home base time;
and
The flight leg ends after 02:00 The flight leg ends after 02:00
local time at the arrival station home base time;
For layovers at all-inclusive resorts, meal allowances shall not apply to the
layover period. Gratuities shall apply.
For pairings that combine domestic and overseas operations, the domestic meal
allowances will apply until the departure of the overseas flight or after the arrival
of the overseas flight.
Meal Allowances for Overseas Operations shall be as follows:
For overseas stations, the meal allowances, the rates of exchange and changes
in the cost of food at that location shall be used in the adjustment of these meal
allowances. However, the meal allowances will not be less than those specified
in A18.03.02.
18.03.03.01.01 Meal Allowances at Overseas locations will only be adjusted when there is a
5 percent change on the basis of 6 month running average plus or minus.
For greater clarity, meal allowances paid during Overseas Operations at a
layover point shall be as follows:
18.03.03.02.01 When determining the meal allowance paid at the start of a layover, the
appropriate meal allowance will be paid if the arrival flight is scheduled to
arrive prior to the end of the meal periods (local time at the arrival station)
defined in A18.03.06.02.
18.03.03.02.02 When determining Lunch and Dinner meal allowances paid at the end of a
layover, the appropriate meal allowance will be paid if the departing flight is
scheduled to depart, or departs at or after 13:01 for lunch and 19:01 for
Dinner.
18.03.03.02.03 Breakfast allowances will be paid as per A18.03.08.03.01.
18.03.03.02.04 A snack allowance will be paid whenever a legal layover extends through the
hour of 02:00 local time.
Pilots terminating duty at home Base will be paid the lunch allowance for arrivals
of 12:30 or later (local time), providing the applicable meal was not already
boarded on a previous flight leg.
Pilots terminating duty at home Base will be paid the dinner allowance for
arrivals of 18:30 or later (local time), providing the applicable meal was not
already boarded on a previous flight leg.
For all-inclusive resorts at overseas stations, A18.03.02.06 shall apply.
Meal Allowances while Deadheading (Domestic and Overseas)
A Pilot deadheading, training or traveling on Company business in J Class shall
not be paid or normally be eligible to claim the applicable meal allowance(s). If
a meal is not available for the Pilot, or the Pilot is not seated in J Class, he shall
be eligible to claim the meal(s). The claim must be submitted within 30 days
using a Voyage report. In order for the matter to be investigated, the Pilot must
provide a reasonable basis to support his claim.
A Pilot deadheading, training or traveling on Company business on an OAL
(Other Airline) and not provided a Business Class meal(s), shall be eligible to
claim the applicable meal allowance(s). The claim must be submitted within 30
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 85
days using a Voyage report. In order for the matter to be investigated, the Pilot
must provide a reasonable basis to support his claim.
Meal allowances shall be paid at the applicable rate of the arrival station and
shall apply to the recognized meal periods in local time of the departure station.
Deadheading Pilots are not eligible for the lunch or dinner allowance detailed in
A18.03.03.03.04.
Establishing Meal Allowances at New Stations
For stations where an unplanned layover occurs such as during a diversion, and
a Meal Allowance rate has not been established at that location, the National
Joint Council (NJC) rate shall apply.
For new Overseas stations, MASC shall determine the meal allowances based
upon the following criteria:
1. Meal Allowances shall be calculated using either hotel menus or menus
from restaurants in the vicinity of the layover hotel as determined by
MASC.
2. Hotel menus will be used exclusively if either of the following conditions
exist:
a) The layover is less than 14 hours duration, or
b) For either security or health reasons, MASC deems it unsafe or
unreasonable to expect crews to have their meals outside the hotel.
3. If hotel menus are used, the Meal Allowance will be recalculated every
time crews are moved to a new hotel.
4. If restaurants menus are used, only full-service North American/European
style restaurants with high standards of food safety and hygiene will be
considered.
5. Meal allowances will be calculated using the following standard meals:
a) Breakfast – Egg dish (omelet, bacon and eggs etc.), toast (if not
included with eggs), juice, coffee;
b) Lunch – Soup, sandwich or burger, dessert, coffee;
c) Dinner – Salad, entrée, dessert, coffee;
d) Snack – Sandwich or similar, coffee.
6. Buffet prices will not be used to determine Meal Allowance, unless that is
the only meal choice available at the hotel.
7. When calculating the price of an item, the average price of all the
selections on the sample menu will be used to calculate the appropriate
allowance for that meal.
8. If hotel menus are not available prior to a new overseas pairing being
published, then MASC will set an interim rate using the Domestic Meal
Allowance set out in A18.03.02.01; Upon the setting of the final rate by
MASC, in accordance with these protocols, retroactive adjustments will be
made, as may be necessary, from the original date of the new overseas
pairing/layover.
Crew Meals – General
Unless otherwise agreed to by MASC, crew meals for operating Pilots on
Company aircraft will be boarded in accordance with the following provisions.
Recognized Meal Periods will be:
Meal Meal Periods
Breakfast Up to 08:30
Lunch 12:00 to 13:30
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 86
Dinner 17:30 to 19:30
Snack Paid on Layovers through
02:00 Local Time
18.03.06.02.01 Meal Periods are in local time based on the departure station at the start of
each duty period.
18.03.06.02.02 Upon arrival at a subsequent layover point, Meal Periods will automatically
revert to the local time.
A 1 litre bottle of water will be boarded for each Pilot for each 8 hours on duty or
portion thereof.
The following symbols appear on the pairing sheets to indicate food service
boarded for Pilot consumption:
HB – Hot Breakfast
CB – Cold Breakfast
HM – Hot Meal (Catering code for Hot Meal that may represent a HB, HL or
HD)
HL – Hot Lunch
HD – Hot Dinner
SS – Sandwich Snack
This Article is meant to cover the majority of situations. Some adjustments to the
meals, SS, CBs, boarded and/or allowances may be required on certain routes
in order to maintain proper nutrition.
Pilots requesting a review of a specific meal issue should contact their ACPA
MASC representative, who will present the request to MASC for consideration.
Crew Meals – Domestic Operations
A cold breakfast (CB) will be boarded on Domestic flights away from a Pilot’s
home Base departing up to 08:30 inclusive local time, and a breakfast
allowance will be paid. However, CBs will not be boarded and breakfast
allowance will not be paid on departures from a Pilot’s home Base.
Sandwich Snacks (SS) will be boarded as follows:
18.03.07.02.01 A maximum of one SS per Pilot will be boarded on flights that meet all the
following requirements:
a) The flight is part of a multi-day pairing;
b) The flight is part of a Duty Period that is greater than 8 hours;
c) The flight and all flights (including deadheads) un the applicable Duty
Period are less than 2 hours;
d) All ground times in the applicable Duty Period are less than 1h15
Canada/1h30 USA;
e) The flight is the first leg of the eligible Duty Period;
f) No other SS have been boarded for the corresponding Duty Period; and
g) No Cold Breakfast (CB) has been boarded for the applicable Duty
Period.
To ensure adequate and proper nutrition for flight crew members on these
operations, pilots on duty will have priority over passengers to purchase food on
flights where buy on board (BOB) is offered, provided the Pilot informs the
Service Director upon boarding.
Crew Meals – Overseas Flights
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 87
Recognizing all aspects of Flight Safety as its primary objective, Flight
Operations will ensure balanced meals are provided to the Pilots at regular
intervals. The casserole portion of the meals will be ‘J’ class casseroles for hot
breakfast, lunch and dinner. Whenever possible, meals will be boarded
according to the Pilots normal eating periods, thereby satisfying the nutritional
needs of the operating crews.
The type of in-flight meal boarded will depend on the time of day at the
departure station and follow the normal breakfast, lunch, dinner sequence or
part thereof.
Flight Operations will attempt to keep meal intervals to a 5 hour maximum and
at the appropriate recognized meal periods as follows:
18.03.08.03.01 Cold Breakfast: A cold breakfast (CB) will be boarded on Overseas flights
away from a Pilot’s home Base departing up to 08:30 inclusive local time,
and a breakfast allowance will be paid. However, CBs will not be boarded
and breakfast allowance will not be paid on departures from a Pilot’s home
Base.
18.03.08.03.02 Hot Breakfast: A hot breakfast (HB) will be boarded on all flight legs greater
than 1:35 hrs which operate over the breakfast period and on overseas flight
legs scheduled to arrive after 08:30 local time at destination.
18.03.08.03.03 Lunch: A Hot Lunch (HL) will be boarded on all flight legs greater than 1:35
hrs which operate over the lunch period (12:00 to 13:30) local time of
departure station.
18.03.08.03.04 Dinner: A Hot Dinner (HD) will be boarded on all flight legs greater than 1:35
hrs which operate over the dinner period (17:30 to 19:30) local time of
departure station.
18.03.08.03.05 Sandwich snacks (SS) will be boarded in addition to a hot meal on certain
overseas flights as identified on the published pairings.
18.04 Allowances While Training
Pilots while training at home Base shall not be eligible for Meal Allowances but
shall receive the transportation allowance for each day of training.
Pilots when away from home Base on training courses shall be allowed reasonable
and necessary expenses for rooms and transportation.
18.05 Allowances, Travel and Accommodations for New Hires
Pilots in their Pilot Initial Training (PIT) course that live more than 30 km from the
training centre, shall be eligible for Company provided hotel accommodations,
transportation, meals and/or meal allowances in accordance with the following
provisions:
Meal Allowances shall be in accordance with A18.03. A meal allowance shall
not be paid where the meal is provided by the hotel or the Company.
Hotels provided by the Company for new hire Pilots shall be approved by MASC
and shall be provided for each day the Pilot is in training. For example, if the
Pilot is scheduled for training Monday to Friday, hotel accommodations shall be
provided for check in Sunday night to check out on Friday morning.
Pilots that live more than 60 km from the training facility may, at their option, in
lieu of returning home on days off, be provided hotel accommodation and meal
allowances.
Transportation to and from the hotel, airport and training facilities shall be
provided. In the event that transportation is not provided, a taxi may be used
and the expense claimed with supporting receipts.
Air travel will be to the Pilots’ home within Canada, consistent with the Company
Policy for business travel of flight crew in training.
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 88
Pilots that live within 30 Km of the training center are not eligible for meal
allowances or hotel accommodations, but shall be paid the transportation
allowance.
18.06 Other Allowance
For each round trip to the airport at his home base for flight duty, periodic training,
annual briefing, medical and ground school, a transportation expense of $5.30 shall
be paid.
Gratuity Allowance. For flights involving hotel accommodation, a check in and
gratuity allowance (G) shall be paid $5.05 for each night of hotel accommodations.
Extended Duty Allowance. For flights involving time away from home base in
excess of 120 hours, an allowance of $12.50 for each complete 24 hour period
thereafter shall apply. For Example, a Pilot away from base for greater than 144
hours would receive $12.50 and another $12.50 after more than 168 hours.
Passport Allowance. For fees relating to procuring and renewing a passport,
including express fees and photos, an annual allowance of $34.25 will be provided.
The allowance shall be paid to each Active Pilot in conjunction with the December
block month.
18.06.04 Vaccinations. The Company will reimburse, with supporting receipts, fees for all
vaccinations required by the Public Health Agency of Canada for each region
visited while on Company duty so long as it is confirmed as necessary by Air
Canada Occupational Health Services.
18.06.05 Visas and Departure Fees. Pilots shall, upon submitting a receipt, be reimbursed
for the full cost of any and all visas and departure taxes that are required to perform
flight duties when operating or deadheading.
18.06.06 Licensing Fees. Any fees assessed by Transport Canada for the purpose of
attaining or maintaining Pilot licensing qualification to operate Air Canada aircraft
will be paid for by the Company.
18.07 Hotel Accommodations
Prior to establishing, changing or renewing hotel accommodations, the Company
shall consult with the members of MASC.
MASC will develop a list of suitable hotels at both airport and downtown locations
for each layover point.
The Company commits that, when selecting layover accommodations under this
Article it will be guided by the following:
18.07.03.01.01 Location:
(a) ACPA order of preference
(b) Length of the off-duty layover (Time)
(c) Transportation factors (Time, Quality, Cost)
(d) Availability of suitable accommodation at either location
18.07.03.01.02 Hotel:
(a) ACPA order of preference
(b) Safety/Security issues
(c) Quality
(d) Availability
(e) Cost comparison
18.08 Parking
The Company shall provide parking facilities for a Pilot at their Base while in the
performance of his normal duties. Alternatively, the Pilot may elect to park at his
domicile airport and the Company will pay up to the cost of the parking at his Base
airport, whichever is less.
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 89
Pilots reporting to the airport for a short call under A28.05 shall be authorized to
park at the airport and shall be reimbursed with supporting receipts.
Prior to establishing, changing or renewing hotel accommodations, the Company
shall consult with the members of MASC.
18.09 Moving Expenses
Pilots when transferring from one Base to another at Company request, will be
allowed moving expenses for normal personal and household effects.
Pilots, when transferring from one station to another at their own request, or as
successful Base bidders, will bear their own expenses.
Pilots, making mutual transfers with the joint approval of the Company and the
Association, or otherwise transferring at their own expense, shall be provided
space available transportation for themselves and dependent members of their
families to the extent permitted by law.
Pilots, temporarily or permanently transferred from one Base to another at
Company request, shall be allowed temporary or permanent transfer expenses, as
the case may be, in accordance with Company Policy.
Pilots may be allowed additional expenses when special occasions arise, subject to
the approval of the Company.
A Pilot, when transferring from one Base to another at Company request, shall be
allowed a reasonable period of travelling time, during which he will be allowed
expenses in accordance with Company Policy.
18.10 Uniforms
The Company will arrange for the manufacture and supply of Pilot uniforms. The
cost of a uniform, including: raincoat/topcoat, tunic, shirts, belt, hat and trousers
and uniform accessories to be paid 100% by the Company.
The Company will supply 3 trousers every 3 years at no cost to the Pilot.
The Company will supply 1 tunic every 3 years at no cost to the Pilot.
The Company will supply 1 belt every 3 years at no cost to the Pilot.
The Company will supply 1 raincoat/topcoat every 4 years at no cost to the Pilot.
The Company will supply 2 ties every 2 years at no cost to the Pilot.
The Company will supply 4 shirts per year at no cost to the Pilot and up to an
additional 4 shirts per year at 50% cost to the Pilot
Uniform Accessories – The Company will supply or assume the cost of lanyards,
buttons, uniform hat, epaulettes and wings as prescribed by the Company.
The Company will supply at no cost to the Pilot 1 suitcase every 4 years, as
prescribed by the Company, and to be used while on duty.
Any additional items, as listed above, purchased by the Pilot, at company cost, and
will be recovered through payroll deductions at 1% of gross Block Period pay.
Considering the acceptability of uniforms to be an important matter, the Company
will hold a full consultation with an ACPA representative prior to making any
change in the style, colour or material of the uniform.
As required and upon request, the Company will provide a maternity uniform.
Dry Cleaning Allowance: A uniform maintenance allowance of $55.00 per month
shall be paid to all Active Pilots from the beginning of line assignment.
Shoe Allowance: The Company will provide an allowance of $120.00 to each Pilot
every year for the purchases of shoes on the condition that they conform to uniform
standards as prescribed by the Company. The allowance shall be paid to each
Active Pilot in conjunction with the November block month.
Article 18 – Meals and Accomodation Expenses (Rev. 4 – 30 Sep 17) 90
ARTICLE 19 – VACATION
19.01 General
The vacation year is May 1 to April 30. Vacation periods will be available during the
12 months following the year in which they were accrued. From vacation period
June 15th to September 15th not less than 10% of vacation allotments in each
Position will be available. From vacation period December 15th to January 15th not
less than 5% of vacation allotments in each Position will be available. These
allotments will be scheduled evenly over these designated periods subject to
operational requirements.
19.02 Entitlement
Annual vacation entitlement is based on years of service with the Company as of
April 30 each year as outlined below:
Years of Company Service as of April 30th Vacation Entitlement
1 year or more, but less than 5 years 14 calendar days
5 years or more, but less than 15 years 21 calendar days
15 years or more, but less than 25 years 28 calendar days
25 years or more 35 calendar days
The above entitlement is increased by 9 additional days in lieu of general holidays
as provided for in the Canada Labour Code. These extra days off will accumulate
at the rate of 3 calendar days per 4 full calendar months. The total accumulated
days off in the calendar year will be added to the Pilot’s vacation for the following
year.
The vacation entitlements in A19.02.01 and A19.02.02 will apply following a full
year of employment. Vacation entitlements for Pilots with less than a full year of
service in the 12 months prior to April 30th, is prorated and is detailed in
ACAeronet.
Vacation will not be cumulative and will be taken during the 12 months following
the year in which they were accrued (unless special circumstances warrant
otherwise and prior arrangements are made in writing with the Company). In cases
where authorization has been granted to defer vacation in accordance with the
provisions of A19.06, it will be carried forward and taken in the next vacation year.
The Company may offer vacation buy-back opportunities on a Block Period basis
throughout a vacation year in accordance with the following parameters:
Subject to the availability of vacation buy-back, Pilots with a total yearly vacation
entitlement of 37 days or more may, at their option, cash clear up to a maximum
of 14 days of vacation. Pilots with a total yearly vacation entitlement of 23 days
or more may, at their option, cash clear up to a maximum of 7 days vacation.
Vacation buy-back will be offered by Position. Notification to Pilots will be issued
in the month prior to the Block Period in which the vacation period(s)
commence(s).
Pilots interested in vacation buy-back must apply to the Crew Resources
Department in writing (e-mail) no later than the 10th day of the month prior to the
beginning of the Block Period in which the vacation was scheduled. Requests
will be considered in seniority order. Outstanding unbid vacation will be
considered subsequent to planned periods within the Block Period. Pilots will be
advised of the status of their request a minimum of 3 days prior to the closing of
the Block bid.
Article 19 – Vacation (Rev. 4 – 30 Sep 17) 91
Vacation buy-back will not be offered in any Block Period during which any Pilot
is on furlough or there is a surplus of Pilots on the current Pilot Position
Assignment List.
19.03 Bidding
General:
Vacation scheduling, bidding and awarding of vacation periods will normally be
processed in February or March. Vacation periods will be awarded in order of
seniority in accordance with the Pilot’s awarded Position.
19.03.01.01.01 A Pilot may bid a maximum of 14 days vacation on his primary bid for the
period from June 15 to September 15.
ACPA “monitors” will observe the process and if any irregularities are
discovered or reported, a review and resolution of irregularities will be
undertaken by ACPA and Air Canada personnel.
Vacation for CPs, PPs and FIs will be handled as per A11.
A Pilot may not bid a vacation period during a known equipment conversion
course.
Pilots will be entitled to unlimited vacation splits.
All vacation bids will be in 7 day periods. A Pilot may not leave less than 7 days
of vacation unbid at any time during the vacation bid process. A Pilot with less
than 7 days vacation entitlement will bid all vacation during the primary bid. For
example, if a Pilot has less than 14 days of vacation remaining after the Primary
bid, the Pilot must bid the remainder as a single period either during the
Secondary or the Tertiary bid.
A Pilot must bid a minimum of 14 days in either a Primary bid or combined
Primary/Secondary bid. By the completion of bidding the Primary, Secondary,
and Tertiary vacation, a Pilot may not leave more than 28 days of vacation
outstanding.
Except for Pilots retiring immediately following vacation, Pilots who are unable
to take planned vacation due to illness will have such vacation considered as
unbid vacation. Pilots who will retire immediately following their scheduled
vacation will take their vacation as planned.
Once the annual vacation bid closes, unused vacation periods will no longer
exist.
Pilots with unbid vacation may be assigned vacation at the Company’s
discretion in reverse seniority order from a Pilot’s QPOS. The assigned periods
will be 7 days or the balance of their entitlement, if less than 14 days are
outstanding. Vacation can be assigned to a Pilot in consecutive Block Periods
and in a Block Period where the Pilot already has vacation.
A Pilot may not be assigned to fly into his scheduled vacation period.
A Pilot will not be assigned to a vacation period with less than 30 days advance
notice. Such notice will specify the beginning and ending dates of his vacation
period. Vacation periods will commence and terminate at midnight. Vacation
assignments once established may be re-scheduled outside the vacation year
only by mutual agreement of the Pilot, the Company and ACPA. ACPA will be
advised of all vacation deferments within the vacation year.
A Pilot who changes his Position will tentatively be scheduled to take his
vacation on the dates he bid.
Notwithstanding the provisions of A19.03.01.12, within 30 days of the scheduled
commencement of a Pilot’s vacation period, alteration of such vacation period
may be made only under extenuating circumstances, such as an urgent
personal matter, and at Pilot option subject to Company concurrence.
Primary Bid:
Article 19 – Vacation (Rev. 4 – 30 Sep 17) 92
Primary vacation will be awarded in seniority order based on each Pilot’s APOS.
A Pilot may bid all or part of his vacation allotment during the primary vacation
bid, but must bid a minimum of 7 days. A Pilot who does not leave a vacation
proxy bid, or cannot be contacted by the vacation bid monitors will forfeit the
right to a Primary vacation slot. An awarded Primary vacation period can be
changed only with the mutual agreement of the Company, the Pilot and ACPA,
or if the Pilot is awarded a new APOS with a SPB bid line that indicates his
willingness to move the vacation [VM] in order to accommodate the required
training course. In the event the vacation is changed due to [VM], the changed
vacation will be treated in accordance with A19.09.
Secondary Bid:
Secondary vacation will be bid immediately following the completion of the
Primary bid. Secondary vacation will be awarded in seniority order based on the
Position each Pilot holds on the current equipment list (APOS). A Pilot may bid
any or all of his remaining vacation allotment during this bid but may not leave
less than 7 days. A Pilot that does not leave a vacation proxy bid, or cannot be
contacted by the vacation bid monitors will forfeit the right to a Secondary
vacation slot. By mutual agreement between the Pilot and the Company, a
Secondary vacation period may be changed including vacation moved to
accommodate a training course [VM]. In the event the vacation is changed due
to [VM], the changed vacation will be treated in accordance with A19.09.
Tertiary Bid:
Tertiary vacation bid will immediately follow completion of the Secondary bid.
Tertiary vacation will be awarded in seniority order based on the Position each
Pilot holds on the current equipment list (APOS). By mutual agreement between
the Pilot and the Company, a Tertiary vacation period may be changed including
vacation moved to accommodate a training course [VM]. In the event the
vacation is changed due to [VM], the changed vacation will be treated in
accordance with A19.09.
Additional Vacation:
During the vacation year, the Company may identify additional available
vacation periods in a specific Position. These periods will be posted 45 to 60
days prior to the availability date. Any Pilot may bid in seniority order according
to his QPOS. Any vacation that becomes available as a result of a deferral for
training will be posted for bid. A Pilot will not be forced to take vacation with less
than 30 days notice.
19.03.05.01.01 Additional vacation slots will be awarded in the following order:
1. Pilots with unbid vacation entitlement; then
2. Pilots who want to move a previously bid vacation (except Primary); then
3. Pilots who wish to defer vacation (except Primary) from a preceding Block
Period, should the Company identify a need for deferments.
19.03.05.01.02 The Company will post additional vacation periods for bid should they
become available and award them in order of seniority.
19.04 Optional 24 or 48
A Blockholder will have the option of adding an Optional 24 or 48 to each of his
vacation periods. This Optional 24 or 48 will be placed immediately preceding or
following the assigned vacation period. A Pilot’s bank will not be debited in
association with the use of an Optional 24 or 48.
A PoR will have the option of adding an Optional 24 or 48 to each of his vacation
periods. This Optional 24 or 48 will be placed immediately preceding or following
the assigned vacation period. This option will be treated as a leave of absence
without pay and the MBG will be prorated accordingly. The PoR will have the
Article 19 – Vacation (Rev. 4 – 30 Sep 17) 93
option of moving any available days-off, from his Reserve Block in lieu of the leave
of absence without pay.
Pilots must exercise their option when submitting their PBS bid.
19.05 Pilots Returning from GDIP
A Pilot returning from GDIP will be required to take outstanding vacation
immediately unless otherwise mutually agreed to by the Pilot and the Company.
19.06 Deferment
In the event a vacation period or, part thereof, is deferred, because of training or
sickness, the vacation period may be deferred to specific dates preferably within
the current vacation year. ACPA will be advised of all deferments. Payment in lieu
of vacation will not be made without mutual agreement of the Company and ACPA.
Vacation assignments, once established may be rescheduled outside of the
vacation year only by mutual agreement of the Pilot, the Company and ACPA.
Once mutual agreement has been obtained:
the deferred vacation will be added as a separate item to the Pilot’s vacation
entitlement for the next year;
at vacation bid time, the Pilot may include his “deferred” allotment with his
subsequent vacation bids;
a Pilot may retain his deferred vacation until all Pilots have completed their
vacation bids, and, in seniority order, bid for the remaining periods available.
Sufficient vacation periods must be made available at vacation bid time to cover all
outstanding vacation requirements, including any deferred allotment.
19.07 Vacation Pay and Credits
Pay and Flight Time limitations are calculated from and to midnight. Blockholders
and Pilots on Reserve will be credited as follows:
During a vacation period, Pilots will be paid and Flight Time limited 2h55 at DN
for each calendar day.
19.08 Pilots Retiring or Approaching the ICAO Limit (A20.17)
Pilots retiring in the next vacation year must bid at least a prorated vacation
entitlement based on the number of calendar months remaining in the year from
May 1st to his retirement date.
Example: A Pilot retiring at the end of November with 44 days of vacation
entitlement must bid at least:
7/12 x 44 days = 25.66 = 26 days
A Pilot reaching the ICAO Limit during the period covered by the annual vacation
bid will be allowed to fill the Block Month in which their birthday falls with vacation
between their birthday and the end of the month regardless of their seniority. A
pilot retiring the first day of the month after reaching the ICAO Limit will be deemed
to be on an Article 8 (LOA) from his birthday (inclusive), the end of any vacation, or
from their last duty period, whichever occurs later, until their retirement date.
19.09 SPB Vacation Move for Training
Pilots who select vacation move for training (VM) on their SPB and are
subsequently required to move their vacation for a course, may move it to a time
mutually agreeable to both the Company and the Pilot. If no mutually agreeable
date is found, the vacation will be treated as unbid vacation as per A19.03.05.
Article 19 – Vacation (Rev. 4 – 30 Sep 17) 94
ARTICLE 20 – PILOT POSITION ASSIGNMENT
20.01 Status and Groups
Captain Status First Officer Status Relief Pilot Status
Equip- Equip- Equip-
Group Rating Group Rating Group Rating
Status Status Status
B-777 C 1 B-777 FO 11 B-777 RP 21
B-787 C 2 B-787 FO 12 B-787 RP 22
WC WF RP
A-330 C 3 A-330 FO 13 A-330 RP 23
B-767 C 4 B-767 FO 14 B-767 RP 24
A-320 C 5 A-320 FO 15
B-737 C 6 B-737 FO 16
ACrouge 7 ACrouge 17
B-767 C B-767 FO
NC ACrouge 8 NF ACrouge 18
A-319 C A-319 FO
CS300 9 CS300 19
EMJ C 10 EMJ FO 20
Upon introduction of a new aircraft type, the CMSC will amend this table.
The Captain’s position on any new WJA type at rouge will be in the WC Group. The
First Officer’s position on a new widebody aircraft type at ACRouge will be in the
WF Group.
20.02 Active Pilot
Every Pilot will be deemed an Active Pilot and will hold an APOS with the exception of
inactive Pilots who are:
MPs Retired
Designated ACPA Representatives (DAR) (A10.09) Resigned
Long Term LOA (greater than 12 months) Dismissed (A7)
GDIP (unlikely to return within 12 months) Terminated (A21)
Surplus Deceased
Furlough Ineligible to fly due to
the ICAO limit (ITF)
or as determined by CMSC.
20.03 Crew Manning Steering Committee Review
The Crew Manning Steering Committee (CMSC) will consist of at least 2
representatives from the Company and up to 4 from ACPA. Company-paid
releases for up to 4 ACPA representatives per joint meeting will be provided in
accordance with A10.09.04.
A CMSC Review may take place up to 6 times per year as determined by the
CMSC, and consists of:
a meeting of the CMSC where the past 12 months actual flying compared to the
forecast flying will be reviewed, as well as future forecast flying; the
establishment of Pilot requirements and vacancy and/or reduction requirements
for each Position; the production and posting of a Crew Requirements Bulletin
(CRB);
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 95
a period of at least 7 days after the posting of the CRB for the Pilots to be able
to adjust their SPBs;
a Bid Award;
a second meeting of the CMSC where the results of the Bid Award and the
resultant Pilot Position Assignment List (PPAL) which includes the Pilot’s
seniority number, activation date and relative position (%) is approved;
the posting of the PPAL (up to 7 days after the Closing Time);
the posting (in advance of the next bid or a maximum of 60 days after the
Closing Time, whichever is less) of training dates of any Pilot whose QPOS is
different from his APOS.
CMSC Reviews will take place in February, April, June, August, October and
December. Specific dates for the CMSC Reviews will be established one year in
advance by the CMSC.
During a CMSC Review, the CMSC has the authority to interpret and apply the
provisions of A20 and related provisions of the Collective Agreement as they affect
Pilots. In doing so, the CMSC will be guided by the intention and principles
reflected in the relevant provisions of the Collective Agreement.
A CRB may be delayed or cancelled by the CMSC prior to the Closing Time.
The number of Pilots required in each Equipment-Status will be determined by the
following formula:
Forecast monthly flying hours plus flight time credits for each equipment type
and Status divided by 81 hours; PLUS
a minimum of 7% for reserve coverage; PLUS
vacation people-month requirements; PLUS
a factor to account for CPs, FIs, PPs and NRFOP’s.
The number of Pilots required in each Equipment-Status shall not be reduced as
a result of removing the AO maximum.
The Company will provide ACPA with all the necessary data for ACPA to
confirm that the Company is in compliance with A20.03.06.05.
The CMSC may deem a certain number of RP Positions to be seasonal. These
Positions will be created for peak seasonal flying and reduced or eliminated after
the peak. These Positions will only be awarded to new hire Pilots. A Pilot force
reduced from these Positions will not be given a RIR. A Pilot force reduced from
this Position to another RP Position will not have the course right spent to be
trained to the Position restored. A Pilot force reduced to another Group from this
Position will spend the appropriate course right when trained and will have the RP
course right restored.
20.04 Standing Preferential Bid (SPB)
A Pilot will be responsible for submitting a SPB which reflects his Position
preferences.
A Pilot who does not submit a SPB or who submits an insufficient number of
choices will be considered as requesting to remain in his APOS.
A Pilot may qualify any or all bid preference lines as follows:
[P] percentile or [B] Positions from the bottom; or
[PMO] Company paid move only; or
[NoCR+RO] a Pilot will accept the Position only if it does not require a course
right; or
[VM] vacation move for training. This means that the Company has the right to
move a Pilot’s vacation as per A19.09 when it is necessary to schedule the Pilot
for a training course. This will only apply where the training course falls within
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 96
the period beginning at the Closing Time of the CMSC Review in which the new
APOS is awarded and ending 60 days after the Pilot’s AD (as determined by
A20.09.02.04).
[RO Pay] keeping mainline pay at a ACRouge position as per A20.08.08 and
A20.08.09.
Bid preference lines must be complete with regard to Base, Equipment, and Status.
20.05 Course Rights
Bidding
In order to bid to a Position, a pilot must: have either a restricted or unrestricted
course right that can be spent towards training to that Position; or be bidding to
a Position that does not require the use of any course rights.
With the exception of the restrictions in A21.02, A21.03, A21.04, A20.09.11, and
A20.17, where a Pilot has a course right that can be spent to train to a Position,
a Pilot may bid and be trained to that Position.
The Company may release a Pilot from the restrictions in A21.02, A21.03,
A21.04, A20.09.11, and A20.17 based on consistent economic principles with
due regard to seniority, to a preferred higher paying Position as indicated on the
Pilot’s SPB.
A Pilot who is restricted as to equipment and/or status by specific individual
agreement between the Pilot and the Company will be allowed to change
equipment and/or status only with Company approval.
Restricted Course Rights
Each New Hire Pilot shall be granted one restricted course right for each Group
(WC, NC, WF, NF, RP).
A restricted course right can only be spent for training to a Position within the
Group associated with the restricted course right. Where a Pilot has a restricted
course right to a specific Group, it shall be the course right spent to train to the
Position.
A New Hire Pilot trained to his first Position with the Company will be deemed to
have spent the restricted course right for that Group.
Unrestricted Course Rights
Each New Hire Pilot shall be granted one unrestricted course right.
For years of service accumulated after Jan 1st, 2012, each Pilot will be granted
one additional unrestricted course right after 15 years of service and another
after 25 years of service.
Unrestricted course rights can be spent towards training to any Position.
Amount of Course Rights Spent
A full course right is spent when the TC-approved training footprint for the
equipment course exceeds 75% of a full course.
Where the projected training footprint is 75% of a full course or less, but more
than 25% of a full course only half of a course right is spent. When a Pilot uses
½ of a restricted course right, the remaining ½ will be converted to ½ of an
unrestricted course right.
Where the projected training footprint is less than 25% of a full course (e.g. a
differences course) no course right is spent.
Spending Course Rights
A full or ½ course right is deemed to have been spent on the completion of the
required training and the subsequent line check or command final.
When a Pilot has been awarded a new APOS, the course right that he will
spend upon completion of the training is only available to allow him to bid, be
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 97
awarded and train to a different APOS up to the start of the training course,
except for A20.05.07.01.05.
Course rights are based on a Pilot’s QPOS. That is, in determining what course
rights a Pilot has spent and/or had restored, the CMSC will be guided by the
Pilot’s QPOS before a move and the position that the Pilot is ultimately trained
to and not by any positions that a pilot might have been awarded in the interim.
The exception to this is that pilots that take a junior pilot’s reduction to a position
that they are not trained to and then move to a position that is higher rated than
their original position will be charged a course right. This is illustrated in the
examples below.
Example #1:
A 767 FO (QPOS) who was force reduced to a 777 RP Position
(APOS) would receive a RIR to the 767 FO Position and would
have the course right used to get to the 767 FO Position restored to
him but only after being trained to the 777 RP Position (i.e. only
after the 777 RP became his QPOS).
Example #1a)
If the same Pilot moved to the L767 FO Position after he was forced
reduced to the 777 RP position but before he was trained, he would
get a RIR to the 767 FO position and, after being trained to the
L767 FO position, he would have the course right used to get to the
767 FO position restored to him. He would not be charged a
course right for training to the L767 FO position. In addition, he
would maintain his mainline 767 FO pay rates in accordance with
A20.08.08.
Example #1b)
If the same pilot in example #1 moved to the 787 FO position after
he was force reduced to the 777 RP position but before he was
trained, he would receive a RIR to the 767 FO position and, after he
was trained to the 787 FO position, he would receive a CR specific
to the 767 FO position. He would not be charged a CR for training
to the 787 FO position.
Example #2:
A 767 FO (QPOS) who took a junior pilot’s reduction to a 777 RP
position (APOS) would have the course right used to get to the 767
FO position restored to him but only after being trained to the 777
RP position (i.e. only after the 777 RP became his QPOS). He
would not be charged a course right for training to the 777 RP
position.
Example #2a)
If the same pilot moved to the L767 FO position after he took a
junior pilot’s reduction to the 777 RP position but before he was
trained, he would have the course right used to get to the 767 FO
position restored to him when he was trained to the L767 FO
position. He would not be charged a course right for training to the
L767 FO position. In addition, he would not maintain his mainline
767 FO pay rates.
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 98
Example #2b)
If the same pilot in example #2 above moved to the 787 FO position after he
took a junior pilot’s reduction to the 777 RP position but before he was trained,
he would be charged a course right.
A senior Pilot who takes a junior Pilot’s reduction to move to a higher rated
vacant Position will be charged a course right if applicable, except for
A20.05.07.01.04.
Restoring Course Rights
A course right spent to be trained to a Position will be restored when a Pilot:
20.05.06.01.01 has been either force reduced or takes a junior Pilot’s reduction; and
20.05.06.01.02 is trained to a lower rated Position.
1. Pilots who are in a position that they obtained without a course right and
who are either force reduced or take a junior pilot’s reduction and are
trained to a lower rated position will be provided with the restricted course
right to the group associated with the position they moved from, provided
that they do not already have the applicable course right.
2. Pilots who already have the applicable course right, will receive a course
right specific to the position they moved from if they are entitled to a
reinstatement right to this position. This position-specific course right will
be spent when the associated reinstatement right is exercised and will
expire when the associated reinstatement right expires.
When a Pilot exercises a RIR to return to a higher rated Position, the Pilot will
spend the course right that was restored to him due to the reduction regardless
of whether or not the course is one that would otherwise require the pilot to
spend a course right.
A Pilot who is force reduced from a Position for which he spent a course right
and moves to a higher rated Position on his Base will receive a course right
specific to the Position from which he was force reduced. This course right will
expire if the RIR from the associated force reduction is forfeited.
A Pilot who is force reduced to the extent that he can no longer maintain a
Position on his current Base and moves to a higher rated Position at another
Base will receive a course right specific to the Position from which he was force
reduced. This course right will expire if the RIR from the associated force
reduction is forfeited.
Training That Does Not Spend a Course Right
A Pilot does not spend any course rights when that Pilot:
20.05.07.01.01 Is force reduced; or
20.05.07.01.02 A senior Pilot holding the same APOS as a force reduced Pilot moves to a
lower Position with or without a vacancy; or
20.05.07.01.03 A senior Pilot holding the same APOS as a force reduced Pilot moves to a
higher Position without a vacancy; or
20.05.07.01.04 At the time of a force reduced Pilot’s award, a senior Pilot holding the same
APOS moves to a higher rated Position where a vacancy exists in order to
prevent a force reduction; or
20.05.07.01.05 Where the course is not completed after a training failure has occurred as
described in A21; or
20.05.07.01.06 Uses a RIR to a lower rated Position in order to return to the Base from
which the Pilot acquired the RIR; or
20.05.07.01.07 Returns from Inactive status or loses his competency.
Course Rights After Furlough
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 99
A Pilot that is furloughed, upon return to active employment, will have his course
rights restored as if newly hired.
20.06 Reinstatement Rights (RIR)
RIRs are Position specific and entitle a Pilot to be preferentially awarded the
Position, without regard to normal seniority provisions and/or any freeze.
When more than one Pilot holds RIRs to a specific Position, those RIRs will be
actioned in seniority order subject to the Pilots' SPBs.
When a Pilot is force reduced from his APOS he will be assigned a RIR to that
Position. Any Pilot who elects to change Base without being forced will not be
entitled to RIRs at the Base he elects to move from.
A RIR to his previous APOS will be assigned to the senior Pilot who is awarded a
junior Pilot’s reduction in accordance with A20.08.08 and A20.08.09.
A Pilot who is force reduced out of his Group and remains on Base will acquire any
RIRs, held by Pilots junior to him, to any Position within the Pilot’s former Group.
Should the Pilot reinstate to his original Position, all acquired RIRs will expire.
A Pilot who has been reduced to the extent that he can no longer maintain a
Position in his Base will also acquire any RIRs held by Pilots junior to him at the
Base he was force reduced from, to any Position in that same Base. RIRs so
acquired shall include an associated course right that is specific to those RIRs.
Once awarded and trained to a new Position using one of these course rights, the
Pilot’s other such RIRs and associated course rights to Positions in that Group or
lower Groups will expire.
A Pilot who is forced to change Base shall inherit any RIRs, held by Pilots junior to
him at his new Base, to a Position that he cannot hold at his new Base.
A Pilot will forfeit a RIR whenever he forgoes an opportunity to exercise that RIR.
A Pilot will forfeit all his RIRs if furloughed.
20.07 Vacancies and Reductions
A vacancy exists whenever there is an insufficient number of Pilots assigned to a
Position.
A reduction exists whenever there is an excess number of Pilots assigned to a
Position.
A subsequent vacancy, reduction or RIR created as a result of a change in a Pilot’s
APOS during a Bid Award will be actioned automatically during the Bid Award
process.
Retirements and Surplus Pilot vacancies may be posted up to 1 year in advance on
a CRB.
20.08 Awarding Vacancies and Reductions
A Pilot’s SPB will be honoured in seniority order with vacancies and reductions
being awarded as available at the time of his award, except in A20.05.07.01.04.
Only Pilots holding an APOS or RIR in the Base in which a vacancy occurs shall be
eligible for award of the vacancy if the number of Pilots required for the Base is
less than or equal to the existing number for that Base.
Only Pilots holding an APOS or RIR in the Base-Group in which a vacancy occurs
shall be eligible for award of the vacancy if the number of Pilots required for the
Base-Group is less than or equal to the existing number for that Base-Group.
If a Base and/or Base-Group is closed, pilots with a RIR to a position in the
Base-Group and/or Base shall only be eligible for the award of a vacancy in
another position (meaning a position other than the position they have the RIR
to) in the Base-Group in accordance with A20.08.02 and A20.08.03 if they were
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 100
forced out of the Base and/or Base-Group and have not foregone an opportunity
to return to the Base and/or Base-Group.
Pilots with a RIR to a position in a Base-Group are eligible to exercise their RIR
regardless of whether or not the Base-Group and/or Base is closed.
If a pilot foregoes an opportunity to return to the Base-Group as referenced in
20.08.03.01, the pilot is not included in the calculation to determine whether the
Base-Group is open or closed, as outlined in 20.08.03.
A Pilot changing Positions on a reduction can assume any Position on his Base
that his seniority allows him to hold, subject to A20.08.05.02. A change of Position
on a reduction takes precedence over a RIR of a junior Pilot.
A reduction may only be awarded to:
A Pilot as described in A20.08.06 or A20.08.07; or
A Pilot who is currently holding the same APOS as a Pilot junior to him who
would be force reduced. The senior Pilot will use the seniority number of the
most senior of the Pilots who would be force reduced to determine the Position
he can hold.
A “Triple Reduction” may be awarded to a Pilot if the following conditions are met:
more Pilots in the Pilot’s APOS than required; and
more Pilots in the Pilot’s awarded Base-Group than required; and
more Pilots in the Pilot’s awarded Base than required; and
the Pilot is moving to an equal or lower rated Group on a Base which has fewer
awarded Pilots than jobs available.
A force reduction is assigned to a Pilot whenever the Pilot can no longer hold his
APOS. Force reduction will be in accordance with the Pilot’s SPB.
A Pilot who is force reduced will be paid the greater of the Hourly Base Pay and
Flying Pay for the ACrouge Position, or the Position he was force reduced from (a
“Protected Hourly Rate”), if he bids in the following order and is awarded one of the
following Positions on his Base:
• from B-767 Cs: ACrouge B-767 C, ACrouge A-319 C, ACrouge B-767 F,
ACrouge A-319 F;
• from A-320 Cs: ACrouge A-319 C, ACrouge B-767 C, ACrouge A-319 F,
ACrouge B-767 F;
• from EMJ Cs: ACrouge B-767 C, ACrouge A-319 C, ACrouge B-767 F,
ACrouge A-319 F;
• from B-767 Fs: ACrouge B-767 C, ACrouge B-767 F; ACrouge A-319 C,
ACrouge A-319 F;
• from A-320 Fs: ACrouge A-319 C, ACrouge A-319 F, ACrouge B-767C,
ACrouge B-767 F;
• from EMJ Fs and non B-767 RPs: ACrouge B-767 C, ACrouge A-319 C,
ACrouge B-767 F, ACrouge A-319 F;
• from B-767 RPs: ACrouge B-767 C, ACrouge B-767 F; ACrouge A-319 C,
ACrouge A-319 F; or
• from any other mainline position: the same ACrouge Equipment-Status.
This Protected Hourly Rate will apply until the Pilot forfeits his RIR, or he
forgoes an opportunity to bid a Position on his Base or another Base (his
option), that is higher paying than the Position that he was force reduced from,
whichever occurs first. Should the Pilot at this first opportunity be awarded the
higher paying Position, the Protected Hourly Rate will continue until his AD. In
addition to the Protected Hourly Rate, Pilots who have their pay protected under
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 101
this article will receive 1 hour of Overseas and Nav pay for the EMJ, 3 hours of
Overseas and Nav pay for the A-320 and 71 hours of Overseas pay for the B-
767 per month.
In the CMSC process a pilot’s bid lines will be evaluated based on the pilot’s
APOS at the beginning of the bid.
A Pilot does not have to bid all of the positions in the list associated with the
position he is bidding from. A Pilot only has to bid a position on the list if it is
one that he would have been able to be awarded on the applicable CMSC
review. In other words, to maintain his Protect Hourly Rate a Pilot must not
forego the opportunity to be awarded any of the positions listed after the position
he is bidding from.
Failing to bid in the specified order will not have the effect of invalidating all of a
Pilot’s A20.08.08 or A20.08.09 bid lines. If one of a pilot’s bid line is invalid
because the pilot failed to bid in the specified order, the system will ignore the
bid line and continue to evaluate the subsequent lines.
A Pilot who is force reduced from the Captain status awarded positions prior to
qualifying as a Captain will have the following protection:
20.08.08.04.01 Will be paid according to his QPOS.
20.08.08.04.02 In accordance with A20.09.06, upon successful qualification as a Captain,
will be paid retroactively the difference between the rates of pay they
received and the Captain APOS rate for each hour flown for the period from
60 days after his AD to the Position they were force reduced to until the
successful qualification as a Captain.
Example 1: A 767 FO is awarded EMJ Captain, on a subsequent bid he is
force reduced prior to training and now holds L319 Captain. He will be paid
EMJ Captain rates as per A20.09.
20.08.08.04.03 Should the pilot forfeit his RIR, or forego an opportunity to bid a higher
paying position on base or another Base (his option), their eligibility for the
retroactivity outlined in 20.08.08.04.02 will cease. If this occurs, the
retroactive payment upon reaching Captain Status will only be payable for
the period between 60 days after his AD to the Position he was force
reduced to and the date he lost his eligibility for retroactivity.
20.08.08.04.04 In accordance with A20.09.07, should a Pilot fail at any stage of Captain
Upgrade Training, the effective date of the pay benefits outlined in
A20.08.08.04.02 will be delayed by the amount of time that the Pilot exceeds
the normal training footprint.
At the time of a force reduced Pilot’s award, A20.08.08 will also apply to a senior
Pilot holding the same APOS as the force reduced Pilot who is awarded the junior
Pilot’s reduction.
Upon introduction of a new aircraft type at ACrouge, the CMSC will amend A20.01
and A20.08.08 as necessary to include Positions for those new aircraft types.
A Pilot force reduced from his APOS to a Position in a lower rated Group, who has
sufficient seniority to hold a Position at another Base which would enable him to
maintain or improve his Group, may elect to move to that Base.
If a Pilot is force reduced off his Base, he shall have the option of moving to any
Position that he has sufficient seniority to hold in the system. If the Pilot elects to
move to a Base that has more Positions than Pilots, the move shall be at Company
expense.
If a Pilot subject to force reduction has no SPB on file or if there are an insufficient
number of choices on his SPB, he will be awarded a Position, in accordance with
the following priority:
His QPOS, if on Base, given sufficient seniority to hold it;
Highest Position in his Group on his Base that he can hold until exhausted;
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 102
The next lower rated Position on Base that he can hold until exhausted;
The next highest Position on his Base that he can hold until exhausted;
The lowest rated vacant Position on the most junior Base that has more
Positions than Pilots.
20.09 Pay & Training
The Activation Date (AD) is the date a Pilot will receive his new pay rate and
benefits (including the applicable Nav & Overseas pay) following a change of
APOS.
Subject to A20.09.09, if a Pilot is changing to a higher paying Position, his AD will
be the earliest of:
when he is qualified in his new Position; or
when a junior Pilot who was awarded the same Position on the same bid has
completed his training and the first Pilot had no vacation conflict with training
and no training delay for personal reasons within the meaning of A20.09.09; or
when any Pilot who was awarded the same Position on a later bid has
completed his training and the first Pilot had no vacation conflict with training
and no training delay for personal reasons within the meaning of A20.09.09; or
for Pilots moving to Positions in the following Groups;
20.09.02.04.01 WC 300 days following the Closing Time if the Pilot has selected VM, or if the
Pilot has not selected VM and there is no vacation conflict with training.
20.09.02.04.02 NC 240 days following the Closing Time if the Pilot has selected VM, or if the
Pilot has not selected VM and there is no vacation conflict with training.
20.09.02.04.03 WF 210 days following the Closing Time if the Pilot has selected VM, or if the
Pilot has not selected VM and there is no vacation conflict with training.
20.09.02.04.04 NF and RP 150 days following the Closing Time if the Pilot has selected VM,
or in the Pilot has not selected VM and there is no vacation conflict with
training.
The AD determined in accordance with A20.09.02.04 will increase by 60 days
for each vacation conflict.
A Pilot who changes his APOS before the start of training will forfeit his AD, except
for 20.09.06 unless the pilot is willing to spend the CR associated with this move.
A20.09.02.02 and A20.09.02.03 will not apply when another Pilot’s training is
rescheduled to an earlier date to fill an unanticipated training vacancy or when
another Pilot’s training is scheduled who has previously held his newly awarded
equipment and status and who is planned for less than a full transition course or
when the CMSC so agrees.
If a Pilot is changing to a lower paying Position, his AD will be the date he is
qualified in his new Position.
A Pilot who is force reduced to a lower paying Position and assumes the highest
paying Position on his Base his seniority entitles him to hold will not lose his current
pay or AD until all junior Pilots who have been force reduced from the same or
higher Position (on Base) to the same or lower Position (on Base) have been
trained (or granted a training delay for personal reasons) or until all Pilots that are
deemed surplus and are QPOS on a higher paying Position are furloughed.
The AD provided for in A20.09.02.04.01 and A20.09.02.04.02 will be delayed by 60
days for a Pilot scheduled for Captain Upgrade Training. The AD provided for in
A20.09.02.02 or A20.09.02.03 will increase by 60 days if the Pilot who triggered the
application of these Articles did not require Captain Upgrade training. A Pilot, who
has not completed his training by his AD, will on successful qualification as Captain
be paid retroactively the difference between his rate of pay and the rate of pay of
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 103
his APOS for each hour flown for the period from his AD to the date he successfully
qualifies as a Captain.
When a Pilot fails at any stage of Captain Upgrade Training, the effective date of
the pay benefits specified in this Article shall be delayed by the amount of time that
the Pilot exceeds the normal training footprint.
A Pilot may request a training delay for personal reasons. If granted, his AD will be
delayed by the duration of the training delay. If a Pilot is already pay activated the
Pilot will revert to his QPOS pay rates unless he is willing to spend the CR
associated with this move. If a Pilot is unable to start and/or complete training as
scheduled for reasons of illness or injury he will be deemed to have requested a
training delay for personal reasons. Once he is available for training, he will be
placed on the first available course that would minimize disruptions in the training
plan.
A Pilot has a one-time option of changing his VM selection from ‘VM not selected’
to ‘VM selected’ for a currently held Position. A20.09.02.02 and A20.09.02.03 will
apply to a Pilot who makes such a change, commencing from 60 days after the
Closing Time of the CMSC Review in which the change was made.
Pay-In-Lieu:
A Pilot who is in his last 30 months of service as a Pilot as of the Closing Time
of a CMSC Review may be frozen at the discretion of the Company from the
award of any vacancy or reduction in that Review, other than a force reduction.
If the Pilot is frozen and for so long as the Pilot continues to be frozen,
notwithstanding A20.20.02, the notice of intent to retire is irrevocable.
A Pilot who is restricted in accordance with A20.09.11.01 from a Position which
they would have otherwise held, will be paid hour for hour at the greater of the
rates for their current Position or the rates for the denied Position effective with
the AD the Pilot would have received had the Pilot not been frozen. The Pilot
will be charged the associated course right when pay activated. This course
right will be restored when the Pilot loses this Pay-In-Lieu.
Pay as described in 20.09.11.02 will continue until the Pilot’s seniority does not
otherwise entitle him to hold the associated Position, (i.e. pay will be
discontinued when there are no Pilots junior to such Pilot who are awarded or
qualified in the associated Position).
20.10 Base Transfer
A Pilot who is awarded a vacancy involving a Base transfer shall be transferred as
follows:
If no training is required – the beginning of the first Block Period that
commences after 60 days following the award, or as agreed by the Pilot and the
Company;
If training is required and the Pilot is moving to a:
20.10.01.02.01 higher paying Position: on completion of training, or while on training as
agreed by the Pilot and the Company. The training will be scheduled to start
no later than his AD.
20.10.01.02.02 lower or equal paying Position: on completion of training, or while on training
as agreed by the Pilot and the Company. The training will be scheduled to
start no later than 300 days from the Closing Time of the CMSC Review on
which the Pilot was awarded the lower paying APOS.
A Pilot transferring on a Company paid move shall be entitled to travel to facilitate
accommodation pursuant to A23. Moving expenses will be in accordance with
Company Policy.
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 104
20.11 Compassionate Transfer
The Company and ACPA agree upon the need for a method of dealing
compassionately with Pilots who may, in exceptional circumstances, require
transfer to a Base other than the Base to which they are assigned.
The Compassionate Transfer Review Committee (CTRC) will be composed of 2
members from Air Canada (a management representative and an Air Canada OHS
doctor), and 2 members appointed by ACPA. The ACPA members will not be
ACPA Pilot Assistance Representatives. The CTRC will develop and utilise a
criteria test with the objective of achieving a fair, equitable and consistent system-
wide adjudication process.
Requests for compassionate transfer will be made through his ACPA Pilot
Assistance representative or Chief Pilot.
All such requests must be forwarded to the CTRC and approval will require a
majority vote. If the Committee vote is deadlocked, the ACPA MEC Chair will cast
the deciding vote. This decision will then be returned to the CTRC for
implementation.
Should such transfer be approved, the Company will create a temporary Position
(surplus to requirements) at the new Base.
When a transfer is approved under this Article, the Pilot's rights at the new Base
will be determined by the Company and ACPA using the following principles:
The Pilot will retain his same Equipment-Status at the new Base with the
exception that, if the Equipment-Status does not exist he will be allowed to
qualify for a new Position. The CMSC will determine what Position the Pilot
must bid at his new Base.
The Pilot will be assigned the most junior Position on the Equipment-Status.
Bidding for vacation periods, blocks, and all other contractual rights associated
with seniority, will be based on the assigned Position.
The Pilot will absorb all costs associated with any moves.
Compassionate transfer provisions will cease once the Pilot is awarded a Position
at the new Base.
The ongoing justification for all compassionate transfers will be reviewed annually
by the CTRC. When a Pilot is required by the CTRC to return to his original Base,
he will be reinstated in his original Position, with all associated bidding rights.
20.12 Inactive Pilots
An Inactive Pilot who is eligible to return to Active status will have a Declared
Position (DP) assigned at the time he is posted as inactive. The Base associated
with his DP will be his Designated Base (DB).
When a Pilot is furloughed, any RIR he holds will expire. During the period in which
a Pilot is posted as inactive, except for furlough, his RIRs will not expire, but will
remain dormant and will not prevent Active Pilots or other Pilots returning from
Inactive Status from being awarded a Position for which an Inactive Pilot holds a
RIR.
Designated ACPA Representatives (DAR):
A DAR will be allowed to move to a higher paying Position that he can hold as
approved by the CMSC and that Position will be deemed to be his DP. At the
Company’s discretion, he will be permitted to train to that Position while still
inactive.
Whether training is permitted or not, the DAR will be provided an AD in
accordance with A20.09.
A DAR who moved to a higher paying Position will be charged the appropriate
course right upon reaching his AD.
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 105
If a DAR can no longer hold his DP and there is no Pilot junior to him still being
paid that Position, he will be paid the next lower paying Position as determined
by the CMSC.
20.13 Return from Inactive Status
The Pilot’s DP is the Position that he held when he was posted inactive.
The Pilot’s DP shall be considered by the CMSC to determine which Position the
Pilot is entitled to. When determining which Position a Pilot is entitled to upon his
return from inactive status, the CMSC may also consider assigning a RIR and/or
Course Right to a Position his seniority would have entitled him to.
A Pilot returning to Active Pilot status from MP, Designated ACPA Representative,
GDIP and Long term LOA, subject to CMSC agreement, may elect to assume any
Position that he would have been eligible to be awarded on previous bids and may
change his DB provided his seniority would allow such a move without a Group
reduction. A Pilot will be deemed active once he has made this election.
A Pilot returning from inactive status to a different equipment-status than his DP
will be charged a course right, unless the CMSC did not allow him to return to his
DP.
When a Surplus Pilot is to return to Active Status, he will be Active for the purposes
of bidding on the CMSC Review on which he is to return. His RIRs will become
Active for this Review as well. Once the PPAL from this Review is published, the
Surplus Pilot’s RIRs to Positions that are in a lower or the same Group as that
awarded will expire.
If a Surplus Pilot cannot return to his DB, he will be eligible for a Company-paid
move.
A Furloughed Pilot will assume any vacancy his seniority entitles him to. He will
return to the payroll on the first day he reports for training. For the purposes of
course rights entitlement, Pilots recalled from Furlough will be treated the same as
a New Hire Pilot.
Any Pilot returning to Active status (other than from “Surplus” or “Furlough”) who
cannot return to his DB will be eligible for a Company-paid move if moving to a
Base designated by the Company as open to additional assignments.
20.14 Base Exchange
Pilots holding the same equipment-status shall be permitted to make a mutual
exchange of Bases provided that the Pilots concerned are entitled by seniority to
hold the Position at the Bases of intended transfer and provided that approval is
obtained from ACPA.
20.15 Introduction of New Equipment
For a period of 30 months from the date of the first CRB on which the new
equipment appears in the system, or 24 months from the first revenue flight of the
new equipment, whichever is longer, the Company will inform ACPA of the number
of A11.02 Pilot required that will be trained out of seniority on the new equipment to
perform the duties as per A11.
For a period of 24 months from the date of the first CRB on which new equipment
appears at a Base, or 18 months from the first planned pairing for the new
equipment at that Base, whichever is longer, the Company will inform ACPA of the
number of A11.02 Pilots required that will be trained out of seniority on the new
equipment to perform the duties per A11.
A Pilot covered under these provisions whose APOS does not reflect the new
equipment type will be paid as per his original QPOS or APOS as per A13.13 and
A20.09. If the APOS is not the new equipment, the Pilot training to the new
equipment for the purposes of this Article will not spend a course right. At the
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 106
expiry of A20.15.01 or A20.15.02, or when the Pilot is no longer required under the
above Articles, the following will apply:
if the Pilot returns to his original QPOS, no course right will be spent.
if the Pilot trains to his APOS, or the APOS is the new equipment type, the
applicable course right will be spent as mutually agreed by the CMSC.
Training these Pilots will not trigger activation pay as per A20.09.02.02 or
A20.09.03
20.16 Removal of Equipment from a Base
From the date of the first CRB on which the equipment does not show on a Base
until the last planned pairing from that Base, the Company and ACPA will meet to
ensure the flying is balanced regarding scheduling and pay issues for the
remaining Pilots on that equipment.
From the date of the first CRB on which the equipment does not show on a Base
until the last planned pairing from that Base, the Company will inform ACPA of the
number of CP's remaining on the equipment to continue to perform the duties of a
CP. The Company will identify to ACPA the final Block Period the equipment will be
operating on a Base.
20.17 New Hire Pilot
A new hire Pilot will submit a Position preference during the PIT course, but may
be awarded any vacant Position.
A new hire Pilot will be frozen from the awarding of a new Position that requires
training for a period of 4 years from his date of employment as a Pilot. This freeze
may be removed by the Company in seniority order.
Notwithstanding the above, such a Pilot will be:
allowed to move to a different Position on a reduction in accordance with
A20.08.05;
allowed to be awarded a Position on another Base that requires training once
during this freeze.
A Pilot who is prevented from being awarded a new APOS on his Base because of
the freeze in A20.17.02, and has sufficient seniority to hold the Position, will
receive the rate of pay for the new Position from the end of his fourth year
onwards. This rate of pay will continue until such time as the Pilot fails to indicate a
preference for this Position on his SPB or the Pilot’s seniority does not entitle him
to hold the associated Position (the rate of pay will be discontinued when there are
no Pilots junior to him who are assigned or qualified in the associated Position).
20.18 ICAO Limit
A Pilot may not be an operating crew member of a flight once he reaches the age
specified in the ICAO standards (the “ICAO limit”), unless he can be reasonably
accommodated, within the meaning of the Canadian Human Rights Act, in a
manner which complies with the ICAO limit, as it applies to Air Canada operations.
A Pilot who cannot be reasonably accommodated is not eligible to bid a block
following the month in which he reaches the ICAO limit and will be presumed to
retire from employment with Air Canada no later than the 1st day of the month
following the month in which he reaches the ICAO limit.
20.19 Pilots Approaching the ICAO Limits
On the first CMSC Review in the 12 months prior to a Pilot reaching the ICAO limit,
he will be posted as “Inactive”. If he is accommodated under A 20.18.01, he will be
trained to the Position in which he is accommodated.
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 107
20.20 Notice of Intent to Retire
A Pilot who is active pursuant to 20.02 will notify Air Canada in writing of their intent
to retire prior to the planned retirement date, with the notice period set out below,
except that a Pilot who intends to retire at the ICAO limit will notify Air Canada in
writing of their intent to retire at least 90 days prior to reaching that limit.
QPOS Number of months for Retirement Notice
WC 10 calendar months following bid to a
maximum of 11 calendar months
NC 9 months following bid to a maximum of 10
months
WF 8 months following bid to a maximum of 9
months
NF 6 months
RP 6 months
Note: When a Pilot submits his notice of intent to retire, upon the next CRB he will be posted
as inactive due to retirement. The applicable number of months after this CRB has been
posted and no later than the applicable maximum number of calendar months after
submitting notice of intent to retire he will be in compliance with A20.20.01.
Example 1A: CMSC review 17-05 will be published on October 3, 2017. A WC Pilot provides
notice of intent to retire on October 2, 2017. His earliest date of retirement to comply with
A20.20.01 will be September 1, 2018.
Example 1B: CMSC review 17-05 will be published on October 3, 2017. A WC Pilot provides
notice of intent to retire on October 5, 2017. His earliest date of retirement to comply
A20.20.01 will be October 1, 2018.
If a Pilot notifies Air Canada in writing of their intent to retire in excess of the notice
period set out above such notice is revocable by the Pilot until the above notice
period is reached in advance of the planned retirement date, subject to
A20.09.11.01.
Pilots who comply with the notice requirements in A20.20.01 and who do not go on
GDIP or use the number of sick days listed below during his notice period, will be
given a retention bonus of 40 hours of pay ½ DAY ½ Night as part of their final pay
cheque.
QPOS Sick Days
WC 7
NC 6
WF 5
NF 4
RP 4
Subject to any applicable duty to accommodate pursuant to the Canadian Human
Rights Act, Pilots who intend to retire prior to the ICAO limit and who do not give
notice in accordance with A20.20.01 will not receive disbursements from the
Supplemental Pension Plan until the notice period set out above has expired
following the date of notification. In any event, such disbursements will commence
no later than the ICAO limit.
The CMSC may temporarily reduce the period of advance notice provided for in
A20.19.01. This reduction may be limited to a specific Position(s) and to specific
numbers.
Article 20 – Pilot Position Assignment (Rev. 4 – 30 Sep 17) 108
ARTICLE 21 – TRAINING
21.01 Administration
The development and monitoring of Pilot proficiency standards and the quality of
training are the ultimate responsibility of the Company. The Company will publish
the Training Boundary Guidelines applicable to pilots, for each fleet type and
position, in a location readily accessible to all pilots and ACPA. If these Guidelines
are amended or replaced, the Company will notify ACPA and publish the new
Guidelines as soon as practicable.
For the purposes of this Collective Agreement Checks include:
Pilot Proficiency Check (PPC)
Line Operational Evaluation (LOE)
Online Evaluation (OE)/ Line Check
Qualifying Online Evaluation (QOE)
Command Simulator day 2
Simulator Training and Line Indoctrination include:
Initial Pilot Proficiency (IPF)
Manoeuvres Training (MT)
Manoeuvres Proficiency Validation (MPV)
Line Oriented Flight Training (LOFT)
Special Purposes Flight Training (SPOT)
Manoeuvres Training Validation (MTV)
Initial Operating Experience (IOE)
Command Simulator day 1
A Pilot will be entitled to 2 consecutive days off out of each 7 days while in ground
school, simulator or flight training. These days off will be from midnight to midnight.
At Pilot option, if training is not at the Pilots home Base the Pilot will be entitled to 1
day off at home Base for every 2 days off taken in the training city.
Pilots who are required to complete a full training footprint away from home
base will be provided with at least 2 full days off, at home base, not including
travel between ground school and simulator.
Days off which a Pilot is unable to take during training may be accumulated but
must be cleared prior to returning to duty at home Base. Such days off will be
credited as per A13.13.01 and reconciled as per A13.13.02.
A Pilot may elect to forego any part or all of the above days off.
A Pilot will not be required to fly his previous equipment once he has commenced
training on his new equipment.
A Pilot will, at his option, have a minimum of 1 calendar day off prior to the start of
a Transition or Upgrade Training course including a simulator only course. For this
day the Pilot will receive 2h40 per day DN for Flying Pay and Flight Time Credits.
For a transition course with a known start date, this/these day(s) off will be
scheduled in PBS. A Pilot who elects to be planned to work this/these Optional
day(s) must notify crew scheduling of his preference no later than 48 hours prior to
PBS block closing. After block closing, a Pilot electing to forgo this/these Optional
day(s) off may do so by notifying crew scheduling.
A Pilot may, at his option, request an additional day off for the purposes of
travelling to training. In such cases, no Flying Pay or Flight Time limitation
credits for this travel day will apply and the additional day off must be planned
using PBS prior to block close.
Article 21 – Training (Rev. 4 – 30 Sep 17) 109
A Pilot will have a minimum of 24 hours rest upon completion of Transition or
Upgrade training before commencing line duties. Completion of Transition or
Upgrade training occurs following the OE (line check). This 24 hour period will be
at Pilot option.
A Pilot may at, Company discretion, be scheduled for simulator training and
checking, excluding briefing and de-briefing, between 01:00 and 07:00. Training
and checking during this period will be kept to a minimum. A key factor used for
scheduling Simulator training will be to minimize checking events between 01:00
and 07:00. Any unsatisfactory assessments/failures during this period will be
administered in accordance with A21.02, but the event will not be counted as an
unsatisfactory assessment/failure by Air Canada, however Transport Canada may
be advised of the failure.
A Pilot will not be scheduled for more than 8 hours of training per calendar day and
will not be scheduled for more than 4 hours of simulator training per calendar day.
All Pilots assigned to a simulator period, whether completing crew complement or
periodic training, will be subject to normal duty day limitations and/or crew rest as
applicable.
A Pilot assigned to flight simulator for the sole purpose of completing a crew
complement will be limited to 1 period of 4 hours per day and may be extended to 8
hours due to simulator breakdown.
A Pilot required to complete a crew complement in the simulator will not have his
performance formally assessed. If it is apparent the Pilots performance is sub-
standard the Pilot will be advised of the situation and given an opportunity to
demonstrate his competence. Should this occur, the Pilot will be handled in
accordance with A21.02.
Prior to PBS bidding, normally 45 days (SIM) / 21 days (ART) prior to the
applicable month, the Company will issue a bulletin to notify Pilots of the closing
times and dates for recurrent SIM and ART.
A Pilot on Captain Upgrade Training who has completed the simulator portion of
the Transition Training Element and is subsequently awarded a First Officer
Position will be allowed to complete this training and be promoted to Captain
before reverting to First Officer status.
A Pilot may request that another Air Canada Pilot be present in the Flight Deck or
in the simulator as an observer for any Check. The Pilot selected as an observer
must be acceptable to both parties. Reasonable time and any necessary
displacement will be provided to ACPA to meet the Pilot’s request, operations
permitting.
All Airborne Training, and Checks will be completed by an Air Canada MP, CP, FI
or a Transport Canada Air Carrier Inspector. When an Air Carrier Inspector is
conducting the Check, the simulator, airborne training or line check must be
operated by an MP, CP or FI.
All IOE will be completed by an Air Canada Pilot qualified on type. Where a new
aircraft type is being introduced to the Air Canada fleet, a manufacturer’s
representative may be used for IOE or line checks only until sufficient Air Canada
MPs, CPs, FIs are qualified on type.
The Company will make best efforts to help ensure a crew complement of
Captain/First Officer or Relief Pilot/Relief Pilot for all training and checking events
on each fleet type for recurrent (CQ) training. The Company shall publish all crew
complement statistics by fleet type for pilots on recurrent (CQ) training on a
quarterly basis. If ACPA has a specific concern with the crew complement
statistics for one or more fleet type the Joint Training and Standards Committee will
meet within 30 days to discuss what efforts can be made to improve the results on
a go forward basis.
Article 21 – Training (Rev. 4 – 30 Sep 17) 110
Simulator crewing will normally be completed with a crew combination of Captain
(CA)/First Officer (FO) or Relief Pilot/Relief Pilot. However, at Company discretion,
simulator crewing with Captain/Captain, First Officer/First Officer, and/or, subject to
A28.07, with Contract Instructors, may be permitted. At least until Transport
Canada removes jeopardy for any such checking events, the key factor used for
scheduling SIMs will be to minimize checking events with a crew complement of
CA/CA or FO/FO crew combination. Any unsatisfactory assessments/failures
during these sessions will be administered in accordance with A21.02, however,
the event will not be counted as an unsatisfactory assessment/failure for Air
Canada, however, Transport Canada may be advised of the failure. Any Pilot
receiving an unsatisfactory assessment or failure during one of these sessions will
have the option of having a Captain / First Officer crew combination on the
subsequent assessment. No checking events as described in A21.01.02 will be
permitted with a crew combination involving any Contract Instructor.
ACPA and the Company agree that the Joint Training and Standards Committee
will meet regularly for the purpose of reviewing and improving the bidding process
for SIM training and checking. As part of the SIM bidding process, pilots will be
entitled to bid their preference to avoid training and checking SIMs which take
place during silent hours (between 01:00 and 07:00), excluding briefing and
debriefing, and/or to avoid crew combinations of Captain/Captain or First
Officer/First Officer.
Audio-visual recordings taken during any training or checking sessions will not be
used for Pilot monitoring, or Checking or in any disciplinary action without the
written consent of the Pilots involved and ACPA. Further, Air Canada agrees that
audio-visual recordings will be erased in full view of the Pilots at the conclusion of
the debriefing.
If a Pilot requests printed materials to assist with his QC training he shall be
provided with the following:
AOM (section 1.04);
For New Hire Pilots – FOM (sections 8 and 12);
For New Hire Pilots – FOM (section 9) – when overseas training is required; and
Any other materials as agreed to by the Joint Training and Standards Committee.
The materials set out in A21.01.24 shall be provided to the Pilot in advance,
usually within 3 business days of the pilot making the request. The materials
will be available for pick-up at locations designated by the Company or at the
first day of ground school at pilot option.
In the event that a pilot is required to complete Introduction to Command (ITC) it
shall be scheduled by the Company. If a pilot is scheduled to complete ITC in a
month that they are scheduled to fly, and it results in a pilot being scheduled to
work more than 18 days in a month, the Pilot will be entitled to drop no credit a
pairing, or partial pairing back to 18 days, coverage permitting and in consultation
with the Company.
Self Study Days within the Training Footprint
In recognition of the self study work required to complete a training course, self
study days will be provided by the Company, free from flying duty, paid at 2h40
per day DN for Flying Pay and Flight Time credits up to a maximum of 5 days.
Self study days will not be scheduled for more than 8 hours per day.
The scheduling of self study and other course work to be completed on a given
day will be at the discretion of the Company. A self study curriculum will be
provided by the Company to the Pilot describing the work to be completed prior
to the first day of Ground School.
LMS/CBT Air Canada systems course work will not be made available to a Pilot
until 14 days prior to the beginning of their scheduled course date. Pilots may
Article 21 – Training (Rev. 4 – 30 Sep 17) 111
request to have access to the materials prior to the 14-day time period. This
time period may be amended upon agreement of the Joint Training and
Standards Committee as they deem necessary.
The number of self study days assigned will depend on the number of hours
required to complete the CBT/LMS aircraft systems modules per type, AOM,
memory items, and flight deck introduction. The total number of days will not be
less than 4 without the agreement of ACPA.
The following applies to all current Air Canada fleet types using the training
footprints as of May 1, 2017:
21.01.26.06.01 B777, B787, B767, A330 &A319/320/321 - total of 5 self study days will be
provided; and
21.01.26.06.02 EMJ – total of 4 self study days will be provided.
The Company and ACPA agree that the process described in A21.01.26 will apply
to each of the current fleet types. The training footprints described in A21.01.26.05
and A21.01.26.06 may be modified for one or more fleet types, or introduced to
new fleet types base on an existing template (with or without modifications), with
agreement from the Joint Training and Standards Committee. In the event that the
Company implements a training footprint for a new fleet type, which follows
instructional design principles, or applies these principles to an existing fleet type,
the process will be as follows:
A) The Company will provide the Joint Training and Standards Committee
notice of the potential changes as soon as possible;
B) The Company will provide the Joint Training and Standards Committee
with the rationale for the change and access to data and supporting
documents;
C) The Company will provide the Joint Training and Standards Committee an
opportunity to make representations on the proposed change prior to
implementation.
In the event of a dispute between the members of the Joint Training and Standards
Committee, any unresolved concerns will be directed to the ACPA MEC Chair and
the Vice President of Flight Operations for resolution.
In the event that the Company implements a training footprint that does not require
self study for one or more fleet types, the language for days off, as set out in
A21.01.08 and A21.01.09, will not apply. Instead, for those Pilots on any fleet type
that does not require self study the following language will apply:
A Pilot will, at his option, have a minimum of 2 calendar days off prior to the start
of a Transition or Upgrade Training course including a simulator only course.
For these 2 days the Pilot will receive 2h40 per day DN for Flying Pay and Flight
Time Credits.
For a transition course with a known start date, these days off will be scheduled
in PBS. A Pilot who elects to be planned to work the first or both of these
Optional day(s) must notify crew scheduling of his preference no later than 48
hours prior to PBS block closing. After block closing, a Pilot electing to forgo the
first or both of these Optional day(s) off may do so by notifying crew scheduling.
A Pilot may, at his option, request an additional day off for the purposes of
travelling to training. In such cases, no Flying Pay or Flight Time limitation
credits for this travel day will apply and the additional day off must be planned
using PBS prior to block close.
For clarity, pilots undergoing the upcoming 737 training program and any other
similar course shall receive 2 days off prior to the start of the course paid at
2h40 per day DN for Flying Pay and Flight Time Credits.
21.02 Failure Handling Procedures
Training and Checking:
Article 21 – Training (Rev. 4 – 30 Sep 17) 112
When a Pilot’s performance is assessed as unsatisfactory or incomplete, the
Pilot and ACPA will be advised and the candidate will be returned to the training
department for additional training.
During this process the Pilot candidate will have the option of requesting that a
different CP, FI, MP or Transport Canada Air Carrier Inspector will conduct the
check.
In the event that additional training does not result in the candidate’s successful
completion of the check a meeting will be convened with a MP, the Pilot and an
ACPA representative. In addition, an appropriate medical evaluation will be
completed to determine if a medical condition exists and is a contributing factor
to the candidate’s inability to complete the check.
If, as a result of this medical evaluation, the Pilot is assessed as unfit, the Pilot
will be placed on medical leave until such time as the Pilot is considered fit to
resume training. If the Pilot is assessed as fit, the Pilot will continue training until
a successful assessment has been achieved.
A Pilot, assessed as unsuccessful during transition training will have the option
of either completing the steps in A21.02.01 and A21.02.02 or returning to his
previous Position.
If the Pilot chooses to return to his previous Position he will be paid at the
appropriate rates for the Position that he is qualified for and will be frozen from
bidding on a Vacancy for a period of 36 months from the date of re-qualification
to his previous Position.
If, at the end of the 36 month freeze, the Pilot is awarded a Vacancy but is
subsequently unsuccessful, he will be returned to his previous Position and will
be frozen from bidding on a Vacancy for a period of 60 months from the date of
re-qualification to his previous Position.
In the event that the Pilot’s previous Position is no longer in the fleet plan or he
can no longer hold his previous Position, he will be entitled to bid any lower
rated Position in his status his seniority can hold.
Failure to Progress:
Failure to progress will only apply to Initial Captain Upgrade and Initial Relief
Pilot to First Officer Upgrade consisting of the following:
21.02.02.01.01 Simulator training prior to LOE
21.02.02.01.02 Initial operating experience prior to the Command OE
21.02.02.01.03 Any remedial training as defined in the AQP/Traditional training program
When the Chief Pilot, is notified of a Pilots lack of progress there will be a
complete review of the Pilot’s training file and an interview shall be conducted
with the Pilot. As part of the interview the Pilot will be informed of the reason(s)
he was not recommended to proceed with training. In addition, the interview will
include a discussion of the circumstances which may have given rise to the
Pilot’s lack of progress and the training plan going forward. The results of this
process will be one of the following:
21.02.02.02.01 recommend the Pilot for a Check; or
21.02.02.02.02 arrange for a Progress Assessment to be conducted.
Progress Assessment:
A Progress Assessment will only be conducted by a MP/CP/FI.
The Pilot may request the attendance of an ACPA representative as an
observer during any Progress Assessment. If the Assessment is conducted on a
line flight the ACPA representative will be designated an ADC. Qualification on
type is preferred but not a requirement. The MP/CP/FI and the ACPA
representative will confer prior to the Pilot being debriefed on his performance.
Reasonable time and necessary displacement will be provided to ACPA to meet
the Pilot’s request, operations permitting.
Article 21 – Training (Rev. 4 – 30 Sep 17) 113
Where a Pilot was in training for a simulator check, the Progress Assessment
will be conducted in the simulator.
Where a Pilot was in training for an OE, the Progress Assessment will be
conducted on a line flight and the MP/CP/FI will be an operating member of the
crew. If safety is a concern, the Assessment will be conducted in the simulator.
After the completion of the Progress Assessment, the Chief Pilot, in consultation
with the parties involved, will do the following:
21.02.03.05.01 Recommend the Pilot for the relevant Check; or
21.02.03.05.02 Assess the Pilots performance as unsatisfactory.
An unsatisfactory assessment will constitute a failure within the meaning of
A21.03 and A21.04.
21.03 Captain Upgrade Training
A pilot will have two attempts to Upgrade to Captain. Each attempt will be limited
to 3 failures.
A Pilot undergoing Captain upgrade training will have the option of terminating
training and returning to his previous Position, or any other position agreed to by
the Company and ACPA, any time after his first unsuccessful assessment and prior
to any further training or checking event. The Pilot returning to his previous
Position, or any other position agreed to by the parties, will be frozen from bidding
another Captain position for a period of 36 months from the date of re-qualification
to his previous equipment. This freeze may be waived at Company discretion. For
clarity, if the pilot returns to his previous position, or another position agreed to, this
Captain upgrade attempt will not be counted as one of his two Captain upgrade
attempts. Conversely, the continuation of training results in a loss of one of the
Pilot’s upgrade attempts.
Following a first failure, and prior to the continuation of training, a meeting will be
convened with a Management Pilot, the Pilot and an ACPA representative.
Following that meeting, the Pilot will be given the option of continuing training or
returning to his previous Position, or any other position agreed to by the Company
and ACPA as set out in A21.03.02.
After a second failure, the pilot has the option of returning to his previous position,
or to any other position agreed to by the parties, or to continue his upgrade
attempt. In the event that the Pilot returns to his previous position, or to any other
position agreed to by the parties, the Pilot will be frozen from bidding on a Captain
Vacancy for a period of 36 months from the date of requalification to that Position.
The continuation of training beyond the first failure results in a loss of one of the
Pilot’s upgrade attempts.
Following a second failure, and prior to the continuation of training, a meeting will
be convened with a Management Pilot, the Pilot, and an ACPA representative. In
addition, an appropriate medical evaluation will be completed to determine if a
medical condition exists and is a contributing factor to the candidate’s inability to
complete the check.
If, as a result of this medical evaluation, the Pilot is assessed as unfit, the Pilot
will be placed on medical leave until such time as the Pilot is considered fit to
resume training.
If the Pilot is assessed as fit, the Pilot will return to training.
If the Pilot has a second failure and pursues a third attempt and is also
unsuccessful, the Pilot will return to his previous Position, or any other Position
agreed to by the Company and ACPA.
A Pilot returning to his previous Position, or any other position agreed to by the
Company and ACPA, after a second or a third failure will be frozen from bidding on
a Captain Vacancy for a period of 36 months from the date of re-qualification to
Article 21 – Training (Rev. 4 – 30 Sep 17) 114
that Position. The continuation of training beyond the first failure results in a loss of
one of the Pilot’s upgrade attempts.
If, after the 36 month freeze, the Pilot bids another Captain upgrade course and is
unsuccessful, he may be returned to his previous Position and will be restricted to
First Officer status for the remainder of his career.
In the event that a Pilot is frozen pursuant to A21.03.08, after a period of 60
months or more from the date of requalification, the Pilot may apply to the
Company to be assessed and have his freeze reconsidered. The onus will be
on the Pilot to establish, on a balance of probabilities, that there has been a
change in his circumstances and there is a reasonable likelihood of success at a
Captain upgrade. If the Company agrees, then a Command Potential
Assessment, will be held, and, if successful, the pilot will proceed to the Captain
Upgrade opportunity. If the Company reconsiders the freeze and the Pilot is
unsuccessful, he will be returned to his previous position and restricted to First
Officer status for the remainder of his career.
In the event that the Pilot’s previous equipment is no longer in the fleet plan or he is
unable to hold his previous equipment, he will be entitled to bid any First Officer or
RP Position that his seniority can hold.
21.04 Relief Pilot to First Officer Initial Upgrade
A Pilot assessed as unsuccessful during Relief Pilot to First Officer transition
training will have the option of either completing the applicable steps in
A21.02.01.01 and A21.02.01.02 or returning to his previous Position anytime after
his first failure.
If the Pilot chooses to return to his previous Position, he will be paid at the
appropriate rates for the Position that he is qualified on and will be frozen from
bidding on a Vacancy for a period of 36 months from the date of re-qualification to
his previous Position.
If, at the end of the 36 month freeze, the Pilot is awarded a Vacancy but is
subsequently unsuccessful, he will be returned to his previous Position and will
be frozen from bidding on a Vacancy for a period of 60 months from the date of
re-qualification to his previous Position.
In the event that the Pilot’s previous Position is no longer in the fleet plan or he
cannot hold his previous Position, he will be entitled to bid any RP Position in
his status his seniority can hold.
21.05 Career Re-Orientation Plan
A Pilot who fails to maintain or achieve competency and, as a result, whose
services with the Company are terminated, will be paid the following allowances:
5 weeks for the first three years, prorated;
3 weeks per year, prorated until the maximum of 52 weeks has been reached.
The maximum benefit of 52 weeks will be reduced by 6 weeks per year,
prorated commencing on the Pilot's 51st birthday. This allowance will be based
on the average daily earnings of the last 12 full calendar months prior to the
effective date of termination.
The rate of pay will be the average daily earnings of the last 12 full calendar
months on the equipment and status held immediately prior to the competency
problem.
The above allowances will not apply to a Pilot who is on probation.
A Pilot will become eligible upon commencing his third year of employment with the
Company at which time his past service will accrue.
Article 21 – Training (Rev. 4 – 30 Sep 17) 115
The provisions of the plan will not apply where the service will terminate because of
resignation, normal or early retirement, medical or health reasons, or discharge as
a result of wilful misconduct.
Should a Pilot otherwise entitled to the benefits of this plan accept alternate
employment with the Company, he will forfeit any claim to the above allowances.
This Agreement will have no effect on the rights of the individual under the terms of
the Collective Agreement.
The payment of a Career Re-Orientation Allowance, as defined under the
Collective Agreement, to a Pilot grounded for competency reasons, will not affect
his eligibility for an early retirement pension, provided he has attained the
necessary age and service; nor will it affect the pass privileges that apply to a
retired employee.
Article 21 – Training (Rev. 4 – 30 Sep 17) 116
ARTICLE 22 – SCHEDULING PREAMBLE
22.01 The objective of the Air Canada Pilot Scheduling System is to provide the best
possible working conditions for the Pilots at each base with due regard to seniority and
consistent with the necessary operational requirements and economy. The best way
to achieve this objective is to provide, wherever possible, the maximum amount of
flying and the minimum amount of ground time in the pairing of flights.
22.02 Seasonal schedule changes, irregularities that result from weather and aircraft
mechanicals, and maintaining a high standard of Pilot competency on the various
types of equipment and routes, make Air Transportation a dynamic and complex
business.
22.03 These factors make it extremely difficult to completely stabilize working conditions for
flight crews. A cooperative working relationship between the Air Canada Crew
Scheduling department and the ACPA Scheduling Committee, results in a sound and
mutually satisfactory Pilot Scheduling System. All the scheduling provisions will be
applied uniformly in order to maintain consistency in scheduling Pilots across the
system. Due to the many factors involved, it may not be feasible to have a specific rule
to cover every situation that may arise, and in the final analysis we must rely on sound
judgment in assessing and resolving any particular situation. If it is found that any of
the rules require change, or alternatively, additional rules should be adopted, such
changes or additions will be agreed to by the Company and ACPA.
22.04 The Crew Scheduling function in this system is an extremely important one.
Educational programs will be conducted to ensure that Crew Scheduling personnel
have a complete and thorough understanding of this Agreement. The objective is to
avoid interruption of service wherever possible. While taking into consideration the
operational requirements, it is important that the Crew Scheduler understands the
Pilot's point of view. A cooperative relationship between Pilots and Crew Scheduling
personnel is a valuable asset and it is anticipated that both groups will do their utmost
to this end.
Article 22 – Scheduling Preamble (Rev. 4 – 30 Sep 17) 117
ARTICLE 23 – DEADHEAD AND PILOT TRAVEL
23.01 Deadhead Movements
Flying Pay and Flight Time credits:
General Pay – When a Pilot deadheads under Company orders (including CP’s
and FI’s deadheading to conduct simulator training and checking), he will
receive credit for Flight Time limitation and Flying Pay purposes, DN, based on
the greater of the actual deadhead time, scheduled time, or computed time
where no schedule exists, as outlined below:
23.01.01.01.01 All deadheads in a pairing as awarded or assigned are at half pay and half
credit.
23.01.01.01.02 All deadheads that result from the modification of a planned pairing as a
result of consolidation, cancellation, substitution or misconnection of an
operating leg, where the modified pairing does not include new or additional
operating legs are at full pay and full credit.
23.01.01.01.03 Notwithstanding A23.01.01.01.02 when a Pilot is required to deadhead as a
direct result of a modified pairing that includes new or additional operating
legs, such deadheads will be at half pay and half credit.
23.01.01.01.04 A deadhead resulting from the cancellation of a previously planned
deadhead will attract the greater of the original deadhead or actual
deadhead for pay and credits
Other Carriers – Pay and Flight Time credits for deadheading on other than Air
Canada flights will be based on published scheduled times.
Surface Deadhead:
When a Pilot is required to deadhead via surface transport, he will receive pay
and Flight Time credits in accordance with A23.01.01.01 for the actual times
involved. Pilots must notify the crew scheduling office of the actual times
involved, should these times be different than planned.
Note: A pilot who arrives at one airport and, after layover, departs from another
airport that is part of a Co-terminal, is not considered to be on a surface
deadhead.
Exceptions:
A Pilot traveling for the purpose of ground, simulator, or flight training will be
paid half DN for the actual Flight Time. Such credits will be cash cleared and
flight time credits and DPG will not apply.
A Pilot transferring to another Base will not be entitled to Flying Pay or Flight
Time credits.
Seating:
Flight Duty – The Company will provide Highest Class Positive Space travel for
Captains PJ2 (except as outlined in A23.01.04.02) and Positive Space Travel
for First Officers PJ3 (except as outlined in A23.01.04.03). Relief Pilots will be
provided Economy Positive Space travel PY0, with move-up privileges to the
Highest Class (J then O). For an all-Economy class flight, the Highest Class is
Economy. A mainline Pilot will not be required to deadhead on ACrouge
provided he can complete the flights required of him within the same Flight Duty
Period by deadheading on an Air Canada flight. These provisions apply to CP’s
and FI’s travelling to another Base to conduct simulator training and checking.
23.01.04.01.01 Under this provision, a Relief Pilot who is erroneously denied a J-class seat
when otherwise entitled to one pursuant to the applicable rules and policies
will be compensated with a 50% premium (cash cleared) on his hourly wage
for the duration of the flight. In order to be eligible for compensation, claims
must be initiated following the procedures outlined in A7.13, except that the
claim must be submitted within 10 days of the suspected error. In order for
Article 23 – Deadhead and Pilot Travel (Rev. 4 – 30 Sep 17) 118
the matter to be investigated, the Pilot must provide a reasonable basis to
support his claim. The company will make every effort to respond to claims
within a reasonable time period.
For CA deadheads that have not been secured within 36 hours of departure
time, the Company will make the booking as soon as it becomes aware of the
requirement. Where no Business class seat is available at the time of booking
on flights equipped with a business class seat configuration, and for flights that
are scheduled for 4 hours or less, the following rules will apply:
23.01.04.02.01 The Captain will be assigned in priority, to a premium economy, then if
unavailable, to an economy seat, and Crew Scheduling will ensure that he is
wait listed in Business class.
23.01.04.02.02 The Captain will be compensated with a 50% premium (cash cleared) on his
hourly wage for the duration of the flight if required to deadhead in premium
economy or economy due to Business class not being available on flights
equipped with a business class seat configuration.
For First Officer deadheads that have not been secured within 36 hours of
departure time, the Company will make the booking as soon as it becomes
aware of the requirement.
23.01.04.03.01 When no Business class seat is available at the time of booking, the FO will
be assigned in priority, to a premium economy, then if unavailable, to an
economy seat, and CS will ensure that he is wait listed in Business class.
Under this provision, if a FO is erroneously denied a J class seat
A23.01.04.01.01 will apply.
23.01.04.03.02 For deadheads outside the limitations in A23.01.04.02, and at the request of
Crew Scheduling, the CA or FO may accept to deadhead in other than
Business class in exchange for the premium outlined in this article. Under
this provision, Crew Scheduling must inform the affected pilot prior to the
start of his pairing.
23.01.04.03.03 In the event of a claim or dispute, upon ACPA’s request, the Company will
provide ACPA with the data necessary to verify compliance.
Seating priority for all Pilots will be aisle seat, followed by window seat, then
middle seat.
All economy Flights with F/J/O Cabins – The Company will make every effort to
assign seats in the F/J/O class cabin when Pilots deadhead on flights that are
designated as all economy flights.
Deadheading on other Carriers – Pilots will be booked in the following priority:
Positive J Class (Business Class) or if not available;
ID50 First Class;
In priority of the next highest class (J/O/Y) and waitlisted for the highest class.
23.01.05.03.01 The company will waitlist the pilot in advance when possible.
23.01.05.03.02 When not possible, the Company will advise the Pilot that he may have to
waitlist himself at time of check-in.
23.01.05.03.03 A Pilot who is waitlisted and is provided an upgrade may be required to pay
for the upgrade and will submit this expense on his normal crew cycle
expense claim.
Smoking Flights – Pilots will not deadhead on smoking flights.
Freighters – Pilots will not deadhead on Freighter aircraft.
Changes to Designated Deadhead Flights:
Pilots may deadhead on other than designated flights on an individual basis
provided permission is obtained from the Chief Pilot. Requests will be given
every consideration but there may be occasions when it is not possible to grant
this permission.
Article 23 – Deadhead and Pilot Travel (Rev. 4 – 30 Sep 17) 119
A Pilot will not normally be required to deadhead between 22:00 and 05:00 of
the start duty period time zone if other Air Canada flights are available.
Guarantees will be calculated as if the deadhead actually took place on the flight
available during this period. A Pilot who is planned to deadhead to home Base
during this period will normally be allowed to deadhead home on the first
available flight after 05:00, and the minimum off-duty rest period will commence
15 minutes after arrival at home Base. Any additional layover expenses incurred
using this procedure will be paid by the Company. A Pilot will neither increase
nor decrease his Flying Pay and/or Flight Time credits as indicated on the
original pairing by this procedure.
23.02 Training
Pilots will be provided with PY1/J05 priority passes when travelling for training.
23.03 Base Transfers
Space available passes issued in conjunction with Base transfers will be a 'C'
priority.
Pilots entitled to positive space passes as a result of not being trained/transferred
by the posted activation date will be issued PY1/J05 priority pass.
23.04 Company Paid Moves
Positive Space passes issued in conjunction with a Company paid move will be
priority PY1/J05.
Article 23 – Deadhead and Pilot Travel (Rev. 4 – 30 Sep 17) 120
ARTICLE 24 – CREW REST FACILITIES
24.01 Crew Rest Definitions
“Onboard Crew Rest Facilities” – These facilities will be for the exclusive use of
Pilots, and will be located to provide quick access to the flight deck. They must
include either a “Flight Relief Bunk” and a “Crew Rest Seat”; a “Flight Relief Bunk
and “J” class seat; or a “Flight Relief Seat” for each augment or Relief Pilot.
“Crew Rest Seat” – A reclining seat in the Pilot crew rest module equipped with
leg rests, portable oxygen, a call device enabling the flight deck to immediately
summon the resting crew member and an in-flight entertainment system (IFE).
“Flight Relief Seat” – a comfortable seat located in the forward passenger cabin
that fully reclines to a 180˚ lie-flat position parallel to the cabin floor, has leg rests
and is separated and screened from the passengers and flight deck. It must also
be equipped with adequate airflow, a call device enabling the flight deck to
immediately summon the resting crew member, a sleep restraint, portable oxygen.
It will not be subject to distraction from noise (particularly random noise),
movement or vibration in the cabin. Approval of this seat will be by mutual
agreement between the Company and ACPA.
“Flight Relief Bunk” – a bunk for each resting crew member which meets, as a
minimum, the requirements set out in SAE ARP4101/3 “Crew Rest Facilities” and is
free from sources of noise (particularly random noise). Approval of this bunk will be
by mutual agreement between the Company and ACPA.
24.02 General
On flights that require augmentation the aircraft will be equipped with an “Onboard
Crew Rest Facility”, as stipulated in A24.01.01.
On flights that require augmentation, fresh pillows and blankets, will be provided for
each crew member. On bunked aircraft, fresh sheets will also be provided for each
crew member.
If required, the Crew Rest Facility will be attended to by maintenance with the
same priority as the J Class cabin.
Where an additional crewmember is operating due to IOE training an additional
crew rest facility is not required. If there is an available J seat after departure the
Pilots may utilize that seat.
24.03 Aircraft
Boeing 777 – the bunks and seats in the crew rest module on the 777 meet the
requirements of “Onboard Crew Rest Facilities” i.e. “Flight Relief Bunk” and “Crew
Rest Seat” for single and double augmentation.
Boeing 787 Aircraft – The bunks in the Boeing crew rest module on the 787 meet
the requirements for a “Flight Relief Bunk”. In addition to the single Crew Rest
Seat in the crew rest module, for all flights requiring double augmentation, a J-
Class seat will be provided.
A330 Aircraft – on the A330-300 aircraft, one Flight Relief Seat will be deemed to
meet the requirements of an Onboard Crew Rest Facility for single augmentation.
Boeing 767 Aircraft – on the 767-300 aircraft, one Flight Relief Bunk and one J-
Class seat, or one Flight Relief Seat will be deemed to meet the requirements of an
Onboard Crew Rest Facility for single augmentation. Notwithstanding the above, in
order to operate all economy configured 767-300 aircraft, the existing crew rest
seat on the 3Y0 aircraft will meet the requirement of an Onboard Crew Rest
Facility.
A320 Aircraft-on North American and Caribbean operations, one additional crew
member requires 2 adjoining J-Class seats.
Article 24 – Crew Rest Facilities (Rev. 4 – 30 Sep 17) 121
24.04 Introduction of New Aircraft
Upon the introduction of a new type of aircraft, or re-introduction of previously
operated Air Canada types, the Company and ACPA will enter into discussions to
establish appropriate “Onboard Crew Rest Facilities”
A joint ACPA-Air Canada team will cooperate with Air Canada Engineering and
Maintenance and or the aircraft manufacturer to monitor the development and
finalize the design of the “Onboard Crew Rest Facilities”.
Article 24 – Crew Rest Facilities (Rev. 4 – 30 Sep 17) 122
ARTICLE 25 – PAIRING RULES
25.01 Duty Period Start and End
Operating:
The flight duty period will commence 1h15 prior to the scheduled departure or
the required reporting time, and will end 15 minutes after actual arrival. The
Company may modify the Duty Period start time as follows:
25.01.01.01.01 At Home Base: by contacting the Pilot prior to leaving his domicile, or by
leaving a message for the Pilot at least 3h15 prior to the original scheduled
departure time; or
25.01.01.01.02 On Layover: by contacting the Pilot directly or leaving a message at the
hotel.
Deadheading:
From Canadian Airports to Canadian Airports – The flight duty period will
commence 45 minutes prior to the scheduled departure, or the required
reporting time, whichever is later, and will end 15 minutes after actual arrival of
the designated flight.
From Canadian Airports to Non-Canadian Airports – The flight duty period will
commence 1 hour prior to the scheduled departure, or the required reporting
time, whichever is later, and will end 15 minutes after actual arrival of the
designated flight.
From Overseas Operations Airports to Any Airport – The flight duty period will
commence 1 hour prior to the scheduled departure, or the required reporting
time, whichever is later, and will end 15 minutes after actual arrival of the
designated flight.
From All Other Airports to Any Airport – The flight duty period will commence 45
minutes prior to the scheduled departure, or the required reporting time,
whichever is later, and will end 15 minutes after actual arrival of the designated
flight.
For duty period limitation purposes only, a Pilot deadheading without deadhead
credits will be deemed to have been on duty 45 minutes to the planned
departure time and until 15 minutes after arrival of the deadhead flight.
When a Pilot commences a flight duty period with a deadhead and there is less
than 1h15 planned connection time to the operating flight, the duty time will
commence 1h15 prior to the planned departure time of the deadhead flight.
Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 123
25.02 North American Zone
The North American Zone is bounded by 30W, 170W and the equator.
25.03 Planned Flight Duty Period Limitations
Pairings created or modified by the Company will be planned using the rules below
and in table A, B, and D when all points within a flight duty period are inside the
North American Zone.
Pairings created or modified by the Company will be planned using the rules below
and in table C and D when any point within a flight duty period is outside the North
American Zone.
The maximum planned flight duty period will be governed in accordance with local
time at commencement of the flight duty period.
Flight duty periods may be planned in excess of those specified in the tables below
subject to agreement within JOPEC.
A Pilot who undergoes training prior to line flying will be considered as on flight
duty for flight duty period limitation purposes only, from the time he is required to
report for training or as detailed in A25.01.02 prior to a deadhead movement to the
training location, whichever is earlier. DPG and/or TTG, if applicable, will
commence at the reporting time for line flying.
Planned turnarounds between the Hawaiian Islands and the North American
mainland may consist only of an operating leg followed by a deadhead leg.
25.04 Planned Rest Periods – Layover
On layovers, the minimum planned rest period will be 10 hours or the length of the
preceding flight duty period whichever is greater. If the normal driving time to the
hotel is greater than 15 minutes this minimum planned rest period will be increased
by twice the amount that exceeds 15 minutes. This is to provide an opportunity for
8 hours of uninterrupted sleep plus time for transportation, wind-down, personal
hygiene and nutrition.
Layovers of 16 hours or greater will be planned at a suitable downtown location,
except by prior mutual agreement between the Company and ACPA.
25.05 Planned Rest periods – Home Base
The minimum planned rest period will be 12 hours off duty or the length of the
preceding flight duty period whichever is greater.
Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 124
Table A: Planned Duty Periods for BASIC CREW Inside the North American Zone
Local Start Maximum Maximum
(Report) Planned Planned Additional Limitations Required for Planning Purposes
Time* Duty Legs
Period
14 hours 3 Duty Period must start and stop within home Base First scheduled arrival after 02:00 start duty Previous planned rest period of 12
time zone time zone terminates duty period. hours or more.
13 hours 5 Duty Period finishes LESS than 4 one-hour time First scheduled arrival after 02:00 start duty Duty period limits reduced by 1 hour
Article 25 – Pairing Rules
05:00 to 16:590 zones from the starting flight duty time zone. time zone terminates duty period. for each planned flight leg over 5.
12 hours 2 Duty Period finishes 4 or MORE one-hour time First scheduled arrival after 02:00 start duty
zones from the starting flight duty time zone. time zone terminates duty period.
12 hours 5 Duty Period finishes LESS than 4 one-hour time First scheduled arrival after 02:00 start duty Duty period limits reduced by 1 hour
zones from the starting flight duty time zone. time zone terminates duty period. for each planned flight leg over 5.
17:00 to 19:29
12 hours 2 Duty Period finishes 4 or MORE one-hour time First scheduled arrival after 02:00 start duty
zones from the starting flight duty time zone. time zone terminates duty period.
12 hours 3 Flight(s) must operate from a Pilot’s crew Base to the Flight duty period includes an airport
19:00 to 21:59 layover point on a direct flight (may include an en- layover of 5 hours or more.
Special Case route landing) and return non-stop to his crew Base.
11 hours 5 Duty Period finishes LESS than 4 one-hour time First scheduled arrival after 02:00 start duty Duty period limits reduced by 1 hour
zones from the starting flight duty time zone. time zone terminates duty period. for each planned flight leg over 5.
11 hours 2 Duty Period finishes 4 or MORE one-hour time First scheduled arrival after 02:00 start duty
19:30 to 21:59 zones from the starting flight duty time zone. time zone terminates duty period.
10 hours 2
9 hours 3
10 hours 2 First scheduled arrival after 06:00 start duty Previous planned rest period of 12
time zone terminates duty period except for hours or more.
crews on duty at 04:00 or later.
22:00 to 04:59
9 hours 3 First scheduled arrival after 06:00 start duty Previous planned rest period of 12
time zone terminates duty period except for hours or more.
crews on duty at 04:00 or later.
(Rev. 4 – 30 Sep 17) 125
* Report times are inclusive times.
Table B: Planned Flight Duty Periods For Augmented Flights On North American and Caribbean
Operations
Local Start Maximum Maximum
(Report) Crew Planned Minimum Crew Rest Facility Requirements
Legs
Time Duty Period
Anytime Basic + 1 14 hours 2 1 Flight Relief Seat.
Article 25 – Pairing Rules
Anytime Basic + 1 12 hours 2 A319/A320/A321: 2 adjoining J-class seats.
* A J-class seat must be provided for all flights requiring double augmentation.
(Rev. 4 – 30 Sep 17) 126
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Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 127
Table C: Planned Flight Duty Periods Outside The North American Zone
Local Maximum Maximum Maximum
Start Planned Planned Planned Additional Limitations for Planning Purposes
(Report) Duty Period Legs Flight Time
Time*
05:00 to 12 hours 2 9 hours First scheduled arrival after 02:00 start duty time zone terminates duty period.
19:29 First scheduled arrival after 02:00 is not applicable for European DH Rule *See note below
Article 25 – Pairing Rules
19:30 to 11 hours 2 9 hours First scheduled arrival after 02:00 start duty time zone terminates duty period.
21:59 First scheduled arrival after 02:00 is not applicable for European DH Rule *See note below
10 hours 2 8 ½ hours
22:00 to 10 hours 2 8 ½ hours Previous planned rest period First scheduled arrival after 06:00 start duty time zone
04:59 of 12 hours or more. terminates duty period except for crews on duty at 04:00 or
later.
All flights to/from Europe and the UK (plus any other Atlantic crossing) from/to all points in the North American zone west of 100° W will be augmented
All flights between Europe and India will be augmented
All PACIFIC Crossings – will be augmented except when approved by JOPEC
* Report Times are inclusive.
Local Maximum Maximum Maximum
Start Minimum Crew Rest
Crew Planned Planned Planned Additional Limitations for Planning Purposes
(Report) Duty Flight Facility Requirements
Legs
Time Period Time
Anytime Basic + 1 14 hours 2 No Limit 1 Flight Relief Seat.
Anytime Basic + 1 15 hours 1 No Limit 1 Bunk, and 1 Crew Rest Scheduled arrival prior to 04:00 Mixed Base crew will be
Seat or J-class Seat* home Base time. augmented based on the most
restrictive home Base time
Anytime Basic + 2 18 hours 2 No Limit 2 Bunks, and 2 Crew Rest The second leg is planned only to zone.
Only 1 R/P allowed as part of
Seats or 2 J-class seats allow an augmented crew to the crew complement
or a combination of both* complete (or start) a direct flight
after (or before) operating an
oceanic crossing.
(Rev. 4 – 30 Sep 17) 128
* A J-class seat must be provided for all flights requiring double augmentation.
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Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 129
Table D: Planned Deadhead Flight Duty Period Limitations
A Pilot may be scheduled for a flight duty period of up to 18 hours, provided the flight
duty period consists solely of a maximum of 2 planned deadhead legs on a direct
18-Hr Duty Day flight.
The maximum planned flight duty periods in tables A, B and C may be extended by up
to 2 hours (not to exceed 18 hours) for the purposes of deadheading to home Base or
Article 25 – Pairing Rules
2-Hr Extension for
Deadheading to a layover point provided the deadhead flight (or deadhead flights in the case of a
multi leg direct deadhead) Is scheduled to depart no later than 2h30 after the
scheduled arrival of the last flight operated.
A Pilot may be planned to deadhead within Europe upon arrival of an Atlantic crossing
provided the deadhead movement is scheduled to arrive prior to 12:01 local UK time
Deadhead within Europe or 13:01 local European time. The 2-hour maximum planned flight duty period
extension for deadheading is also applicable.
(Rev. 4 – 30 Sep 17) 130
25.06 Operating Rules
Once a Pilot’s flight duty period has commenced, any re-assignment in the duty
period will be governed by all limitations of the Planned Duty Period Tables. If there
is no re-assignment, the flight duty period is governed solely by the value in the
“maximum planned duty period” column in tables A through C.
In the event of operational delays the maximum flight duty period may be extended
for up to 2 hours with the concurrence of the flight crew.
During major disruptions to operations, such as those caused by severe weather
systems, reduced airport or airspace capacity caused by unforeseen events
involving third parties, etc., crews will be expected to remain available to protect
the operational interests of the Company.
A Pilot operating in excess of a maximum planned duty period may continue at his
option even when passing through a crew Base. A Pilot who wishes to be relieved
at a crew Base must inform Crew Scheduling of his intentions as early as possible.
A Pilot planned under the 2 hour extension of duty period for deadhead pursuant to
Table D, may be rescheduled on a later deadhead flight provided the departure
time is within 2h30 of the originally scheduled arrival time of the last flight operated.
A Pilot who is unable to deadhead or operate to his home Base due to irregular
operations must remain available for re-assignment or be placed on crew rest after
which he must be available for re-assignment until such time as he is able to
deadhead or operate a flight back to his home Base.
A Pilot deadheading under the provisions of A25 may elect to exceed the maximum
planned duty period extension. Should a Pilot not elect to exceed these limits, DPG
and TTG credits will apply.
It is not mandatory to take a rest period at a layover point if a Pilot is to deadhead
home following flight duty. Authority to deadhead home on the first available flight
may be requested and the minimum off-duty rest period will commence on arrival
at home Base. A Pilot will neither increase nor decrease his Flying Pay and Flight
Time credits as indicated on the pairing by this procedure.
Where an additional crewmember is operating due to IOE training, and the
crewmember is not required as per the original pairing and as per table B, C and D,
the maximum planned duty time will not be increased.
25.07 Airport Stop Over of 5 Hours or More
Accommodation will be provided to Pilots with an airport stop over of 5 hours or
more (time-in to time-out) including a stop over at home Base. Special
consideration will be given to cases where the stop over is less than 5 hours and
passes through 03:00 planned duty period start time zone.
25.08 Rest Periods-Operating Rules
In the case of operational delays, for flight duty periods finishing in a time zone that
has a difference of less than 4 hours from the starting flight duty time zone, home
Base crew rest may be reduced to 11h30 or, with the concurrence of the Pilot, may
be reduced to 10 hours.
In the case of operational delays, for flight duty periods finishing in a time zone that
has a difference of less than 4 hours from the starting flight duty time zone, the
actual layover rest period may be reduced to 10 hours. With the concurrence of the
flight crew this rest period may be further reduced to a minimum of 9h30. This is to
provide an opportunity for 8 hours of uninterrupted sleep plus time for wind-down,
personal hygiene and nutrition.
In the case of operational delays, for flight duty periods finishing in a time zone that
has a difference of 4 or more hours from the starting flight duty time zone, the
Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 131
actual rest period must be equal to or greater than the previous flight duty period,
but at no time less than as provided for in A25.04 or A25.05.
At home Base, the minimum rest period for Pilots on Reserve will be 14 hours for a
Pilot returning from overseas (excluding Bermuda, Jamaica or Cuba).
The 14 hour rest period will not apply to a flight duty period when the overseas
portion consists solely of a Bermuda, Jamaica or Cuba turnaround. This 14 hour
rest period will not be used to extend a scheduled off-duty period.
Article 25 – Pairing Rules (Rev. 4 – 30 Sep 17) 132
ARTICLE 26 – BLOCK RULES
26.01 Scheduled Pairings
Scheduled Pairings as defined in A25 will be reflected in PBS and will not be
changed after being awarded, except for charter operations (and supporting flights)
and/or schedule revisions.
Schedule revisions refers to any change to Air Canada's published passenger or
freighter schedules, including supporting ferry flights and/or second sections.
Scheduled Flight Time for planning purposes is considered to be unrealistic if the
maximum flight duty time on a particular route is exceeded on more than 10% of
occasions on a semi-annual basis, coinciding with the summer and winter schedule
changes. The Company shall take appropriate action to ensure that planning is
realistic and the flight or series of flights is completed within the maximum
allowable flight duty time.
The following conditions will apply to planned pairings on Mainline NJA:
There will be no more than a 5% reduction in the percentage of single day and
two day pairings by bid status for Mainline NJA on a rolling 12-month basis
versus the same bid status for the 12 month period ending June 30, 2017; and
There will be no more than a 7.5% reduction in pairing efficiency (average credit
divided by total time away from base) for each Mainline NJA bid status on a
rolling 12-month basis versus the same bid status for the 12-month period
ending June 30, 2017.
The parties will meet and agree on how the Baseline Measurements will be
adjusted, if at all, when new regulations are implemented and new contract rules
governing flight and duty time rules are agreed to by the parties.
The parties will meet and agree on how the Baseline Measurements will be
adjusted, if at all, on an annual basis when new fatigue related mitigations are
established.
Monthly reports will be provided to ACPA.
26.02 Flight Time Limitations
For the purposes of Flight Time limitations, the following will apply:
Blockholders will have DSC applied for each day of leave of absence or removal
from the payroll.
PoR’s will have DSC applied for each day of furlough, leave of absence,
optional 24 or optional 48 in conjunction with vacation, or removal from the
payroll.
26.03 Designated Block Maximum (DBM)
For all Positions the Company will set the DBM. The DBM will be in the range of 70
to 85 hours. The DBM will be designated in units of 1 hour.
The DBM may be decreased by 1 hour or increased by a maximum of 2 hours
between pairing issuance and the pairing freeze (36 hours prior to PBS closing).
The DBM will be applied by Position.
The DBM will be limited as follows:
For all Positions the total hours for the 12-month period (June 2nd to June 1st)
must fall in the range of 900 to 996 hours.
For all Positions the difference between the DBM for the same equipment-status
at different Bases will not exceed 4 hours in a Block Period and 16 hours for the
12,-month period (June 2nd to June 1st). There will be no restrictions by status on
the same equipment.
Article 26 – Block Rules (Rev. 4 – 30 Sep 17) 133
26.04 Annual Overtime (AO)
AO totals will be reset to zero every June 2nd.
All Block Credits in excess of the DBM for DBM’s of 75 hours or more, excluding
block growth and flying from TT, will count towards AO.
VO will be awarded in order of seniority first to pilots who have less than 40
hours of accumulated AO and then in order of seniority to pilots who have 40
hours or more of accumulated AO.
CP’s and NRFOP’s will be deemed to have more than 40 hours of accumulated AO
for the purposes of A26.04.01.02
For CP’s, FI’s, PrP’s and NRFOP’s all Block Credits above 80 hours, excluding
block growth, will count towards AO.
26.05 Legalities
The term “legal” will mean that the Pilot:
is qualified for the assignment; and
has had the necessary off-duty rest period(s); and
his projection is within the allowable maxima; and
he will be available to cover his next sequence of flights.
Pay Protection, Make-Up, reserve and VO flying will be awarded or assigned as
per the legal limits in the Award of Open Flying charts below and A28. For awards
resulting in an overlap the legal limit in the subsequent month will be 118 hours.
Under Step 4, a Pilot will be awarded flying to the following limits (on a forward
looking basis):
38 hours of Stick Time within 7 consecutive days
118 hours of Stick Time within 30 consecutive days
40 consecutive hours of time free from duty in any 7 consecutive days or 4
consecutive days off in any 17 consecutive days.
Awarded or assigned flying may increase up to 120 Block Credit hours as a result
of irregular operations and/or block growth.
A PoR may be awarded or assigned flying up to a maximum of DBM+4h24 (NJA)/
DBM + 7 to a maximum of 90 hours (WJA) under Step 3.
Once a pairing has started and the PoR is projected at or over DBM, flying cannot
be added through home Base at the end of the pairing without pilot consent, except
under the following circumstances:
The Pilot was originally scheduled to operate flying through home Base while
already at or above DBM and he is reassigned to other flying; or
The Pilot is on a DPG day and projected at or between DBM and DBM+4h24
(NJA) / DBM +7 (WJA). In this situation, the Pilot can be assigned additional
flying from home Base within his original DPG credit.
Except as noted in A26.05.06, once a PoR arrives at home Base at or above DBM
he is released from being assigned any further flying duties.
If after being awarded or assigned under PP, MU, reserve or VO, the Pilot gains
additional time, he is still legal for all remaining flying up to 120 Block Credit hours.
When a Pilot is planned for vacation or training for a part of, or all of, a Block
Period, the credits for the vacation or training period will be deemed to have
already been accrued for the purpose of determining all legalities.
A Pilot on a transition or an initial course and a Pilot returning from a LOA/GDIP
who needs to re-qualify will be assignable in the Block Period he begins IOE flying
to a maximum of 85 hours regardless of the DBM. The 85 hour limit is for training
purposes only.
Article 26 – Block Rules (Rev. 4 – 30 Sep 17) 134
Except as provided elsewhere in the Agreement, in order to operate a pairing over
the Block Period end, a Pilot must be legal in both Block Periods.
A Pilot who is awarded or assigned to overlap flying that projects him over the DBM
of the subsequent Block Period may, by mutual agreement with the Company, drop
flying with no credit in the new Block Period.
It is recognized that an award under Step 4 during the PBS block closing period
may result in a Pilot’s subsequent Block being CARs illegal. When this happens, he
will normally drop or alter flying in the current Block Period to make his subsequent
Block legal. Should such action not be possible, flying in the subsequent Block
Period will be dropped or altered to make the Block legal and the Pilot will be
eligible for Pay Protection. Notwithstanding the above, at pilot option, when there is
an opportunity to drop flying in either Block Period to make the Block legal, he may
drop flying in the subsequent Block Period and Pay Protection will not apply.
A Pilot transitioning from PoR to Blockholder and assigned an overlap pairing will
not be forced to accept additional flying beyond the end time of the original overlap
pairing as awarded, except for irregular operations beyond the control of the
Company. The Pilot’s status as a Blockholder will commence after completion of
the off-duty rest period following the overlap pairing. Such pilot may be planned to
a maximum of 118 hours in the new Block Period.
A Pilot transitioning from Blockholder to PoR and operating an overlap pairing will
be considered a Blockholder in the new Block Period until completion of the off-
duty rest period following the overlap pairing.
For exceptional circumstances due to irrops which prevents the Blockholder
from returning to his home base at the end of his overlap pairing, crew rest
taken at a location other than his Home Base will fulfill the requirements for his
transition to PoR status for the purposes of operating a previously awarded
assignment.
Article 26 – Block Rules (Rev. 4 – 30 Sep 17) 135
Award of Open Flying Limits
Step 1 Step 2 Step 3 Step 3 Step 4 Step 4
Reserve Reserve Voluntary Voluntary
PP Make-up
(NJA) (WJA) Overtime Overtime
To a max. of the
Article 26 – Block Rules
greater of Pilots < 40 Pilots ≥ 40
MBG To a max.
the DBM or the To a max. To a max. hours hours
DBM Block/ of DBM +
Pilots projection of DBM of DBM+ 7 Annual Annual
RSV 4h24
at the time of Overtime Overtime
the loss of flying.
70 60 / 65 70 70 74h24 77h00 118 118
71 60 / 65 71 71 75h24 78h00 118 118
72 63 / 67 72 72 76h24 79h00 118 118
73 63 / 67 73 73 77h24 80h00 118 118
74 63 / 67 74 74 78h24 81h00 118 118
75 64 / 68 75 75 79h24 82h00 118 118
76 65 / 69 76 76 80h24 83h00 118 118
77 66 / 70 77 77 81h24 84h00 118 118
78 66 / 70 78 78 82h24 85h00 118 118
79 67 / 71 79 79 83h24 86h00 118 118
80 68 / 72 80 80 84h24 87h00 118 118
81 69 / 73 81 81 85h24 88h00 118 118
82 70 / 74 82 82 86h24 89h00 118 118
83 71 / 75 83 83 87h24 90h00 118 118
84 72 / 76 84 84 88h24 90h00 118 118
85 73 / 77 85 85 89h24 90h00 118 118
(Rev. 4 – 30 Sep 17) 136
ARTICLE 27 – PBS AWARDS
27.01 Preferential Bidding System (PBS)
While it is recognized that the full scope and detail of the PBS Program cannot be
realistically contained in the Collective Agreement, the basic tenets upon which the
program has been established are embodied within this Article. Both Air Canada
and ACPA are committed to developing a standardized approach that will automate
all parameters and related aspects of the award.
The joint Preferential Bidding System Committee (PBSC) will be responsible for the
administration of the Preferential Bidding System.
This Article will serve as the basic guidance and reference for the PBSC as the
need arises to resolve issues that are within the normal ongoing workings of the
PBSC.
Any changes to the current PBS System and specification which are not in
accordance with this Article will require the mutual agreement of ACPA and the
Company.
The basic intent of PBS is to provide Pilots with schedules in accordance with their
preferences (PBS bids). While preferences are honoured in seniority order, global
blocking solution constraints on the construction of blocks will exist.
By mutual agreement of the PBSC any block solutions may be released prior to all
solutions. The pairings and PBS awards will be loaded onto the PBS WebBidder
and the ACAeronet applications prior to being released to any third party vendor(s).
27.02 Vacation Extension Using Positive Bank Credits – PBS
For vacation extension using positive bank credits in PBS refer to A14.03
27.03 Vacation Extension – Optional 24 or 48
Pilots will have the option of using their optional 24 or 48 in conjunction with
vacation once for each vacation period. This option must be requested when a Pilot
is bidding his block assignment in PBS. Optional 24 or 48’s will be handled within
PBS as follows:
For Blockholders: There will be no adjustment to a Pilot’s bank or Flight Time
limitations associated with the use of an Optional 24 or 48.
For Pilots on Reserve: The Optional 24 or 48 will be treated as a Leave Of
Absence (LOA) without pay. The Pilot will be Flight Time limited and his Block
projection will be reduced by the DSC for each 24 hour period and the MBG will
be prorated accordingly. The PoR will have the option of using available day(s)
off in his Reserve Block in lieu of a LOA, subject to the resulting Block being
legal. In this case the Pilot must contact Crew Scheduling following the release
of the PBS awards to have his LOA cancelled.
27.04 Bidding Eligibility
A Pilot who has completed his IOE training in time for the PBS block closing will be
eligible to bid. A pilot who is not eligible to bid at PBS block closing will be
assigned a reserve block upon qualification.
Should the Pilot not complete his final checkout, the flights missed in his block
selection will be considered as open time and awarded as per A28.
A Pilot who has been cleared by Air Canada Occupational Health Services
following long term illness will be eligible to bid.
When there is a requirement for a route qualification, Pilots who have been unable
to obtain the necessary route qualification due to equipment limitations may be
awarded a PBS block covering such routes, subject to the ability of the Company to
complete the necessary route check-outs.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 137
If the Company's aircraft are grounded for reasons beyond the Company's control,
a Pilot's qualification will be renewed as soon as practicable and for bidding
purposes will be considered as not having lapsed.
A Pilot will not be scheduled to fly in the two calendar days immediately prior to the
ICAO limit or to his retirement date.
27.05 Preparation and Bidding
The Company will issue a pairing package for the next bid period which will
include:
A list of pairings to be used for OE and QOE, which will include ETOPS and
Right Seat qualification.
A list of Pilots due/planned for OE, and IOE.
The closing time and date when Pilots must have their bids entered into PBS for
OE awards and block awards.
A list of all Pilots by status at the Base eligible to bid, along with their seniority
numbers, vacation or training dates.
Bid preferences must be input to the system no later than the closing time and date
as indicated on the bid package.
The closing time and date will be between the 18th and 23rd of the month but no
later than 7 days prior to the end of the current Block Period and no less than 6
days after the pairings are released.
In the event of extraordinary circumstances, the closing date may be extended
to the 24th of the month not more than twice a year. Extraordinary circumstances
include, but are not limited to, PBS system hardware failure and software
updates.
These block closing dates may be further reduced or extended by mutual
agreement of the PBSC.
At Company discretion, the closing dates may be earlier than the 18th of the
month, but not less than 6 days after the pairings are released.
A Pilot should keep a default bid in the PBS system which will indicate his
preferences in the event no bid is recorded.
A Pilot who is not a member of the Air Canada GDIP (A16) and is drawing sick
leave benefits will be provided a phantom re-run block to determine pay and sick
charges. This re-run block will be based on the saved (or default) bid that was
included in the bid system at the time the monthly bid session was closed. If there
is a case where a pilot off sick is not physically able to amend his default bid a
member of the PBSC will add one for him before the next bid session closes. Best
bidding strategies as determined by the PBSC will be used to add the bid in order
for the pilot to achieve a result with the least amount of sick days for the most
amount of pay that his seniority would allow.
A Pilot transferring into a Base by the first day of the new Block Period should
submit a bid preference by the closing time and date for blocks at his new Base.
Blockholders with overlap flying will have these credits considered as part of their
next Block Period’s projection. This overlap flying may be subject to change due to
pairing and schedule revisions and is not considered a part of the Pilots’ new Block
until actually awarded. Under this provision, overlap pairing and schedule revisions
cannot extend beyond the original calendar day.
For FI/PrP blocking refer to A11.04
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 138
27.06 Awarding Simulator
Simulators will be assigned prior to the pairing freeze. Simulator assignments will
be based on system seniority, accepted training practices, and sound economic
principles.
27.07 Awarding and Assigning of OEs and QOEs
Published pairings will include pairings designated for CA, FO, and/or RP OEs and
QOEs.
For OEs: These pairings will be awarded or assigned in PBS to CA, FO, and/or
RPs who are due/planned for an OE. One seat will be occupied by a Pilot with the
appropriate check authority.
For QOEs: These pairings will be chosen to fit at the end of a Pilot’s planned IOE.
They will be withheld from the PBS bidding process and assigned to IOE
candidates. One seat will be occupied by a Pilot with the appropriate check
authority.
Any withheld flying not used for OEs or QOEs will either be assigned to MPs, CPs
or placed in open time.
Every attempt will be made to utilize OE and QOE flying that is efficient and
representative of the routes the aircraft operates. The ACPA PBS Committee will
be consulted to ensure that these principles are being adhered to.
Should it become necessary, through no fault of the Pilot, to reschedule the OE in
a subsequent Block Period, the Pilot will not be required to bid for a designated OE
pairing. Instead, the Pilot will bid for his flying in accordance with the regular PBS
process and the OE will be accomplished either through displacement or open time
award.
Should it become necessary to assign the PoR to a flight other than his OE, the
Pilot will be paid the greater of the scheduled OE flight or the flight he was
subsequently assigned.
OEs and QOEs for FI/PrP/CP/NRFOP’s must be assigned within their planned
DBM of 80 hours.
Retirement Flight
With due regard for seniority, a pilot in his last month prior to retirement will
have the option of pre-selecting a final pairing from the published pairing
package prior to pairing freeze. The intent is for the pilot to be scheduled for a
final pairing immediately prior to the 2-day release period before retirement. The
pilot will be shown as released, or for a PoR, assigned days off, in PBS for the
remainder of the month following the final pairing.
The PBSC will oversee the application of the pre-assignment of OEs and the
Retirement Flight.
27.08 IOE Flying
A Pilot in IOE training will normally be assigned flying at his own Base. This IOE
flying may be assigned exclusively with an IOETC during the PBS award process.
This flying may be reassigned to another Pilot who is undergoing IOE or a QOE
subject to training requirements.
When the Pilot is transferring to a new Base, and the aircraft type is available at
his new Base, the Pilot may be assigned IOE flying at the new Base by mutual
agreement between the Company and the Pilot.
When the pilot is transferring to a new Base, and the aircraft type is not
available at his current Base, the Pilot will be assigned IOE flying at his new
Base.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 139
Pilots-in-training may be assigned flying during a 15 to 25 day period exclusively
with an IOETC commencing on the third day after the expected completion date of
his simulator and airborne (if required) qualification check.
Flying will be assigned as part of a first pass in PBS and for a minimum number of
legs as per the FOM and as duplicated in the tables below and those pairings will
no longer be available for awarding. This process may overlap 2 Block Periods.
The ACPA PBS Committee will be consulted to ensure that no more flying than
required is selected and that the flying selected is suitable.
CAs and FOs will be assigned in PBS in the FO status and RPs will be assigned in
PBS in the RP status.
Any withheld flying not used for IOE may be assigned to MPs, CPs, or placed in
open time.
Initial IOE Flying Requirements
(for new hire Pilots and RPs initially qualifying as CA/FO)
Aircraft CA FO RP
Minimum Range Minimum Range Minimum Range
Number of Number of Number of
of Legs Hours of Legs Hours of Legs Hours
WJA 6 25-35 4 25-35 2 12-25
NJA 8 25-35 6 25-35 N/A
More hours than the maximum specified in the above range may be awarded to
meet the minimum number of legs required
Transition IOE Flying Requirements
Aircraft CA FO RP
Minimum Range Minimum Range Minimum Range
Number of of Number of Number of
Legs Hours of Legs of Legs
Hours Hours
WJA 4 25-35 4 25-35 2 12-25
NJA 4 25-35 4 25-35 N/A
More hours than the maximum specified in the above range may be awarded to
meet the minimum number of legs required
Command IOE Flying Requirements
Aircraft CA
Minimum
Number of Range of
Legs Hours
WJA 12 50-60
NJA 16 50-60
More hours than the maximum specified in the
above range may be awarded to meet the
minimum number of legs required
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 140
27.09 Introduction of New Fleet Type
To capture flying that is suitable for IOE during the introductory period of a new
fleet type in the system or to a Base, the following procedures will be in effect; for
any 6 complete Block Periods during the first 7 months following the first revenue
flight, the Company may award flying to qualified IOETCs as a first pass in PBS
prior to normal Captain awards. Under this process, any Pilot that is senior to the
most junior IOETC will be guaranteed DBM for the applicable Block Period. At any
time, the Company may elect to bypass this process and have IOETCs bid as a
part of the normal awards. In this instance, the Company may remove a Pilot from
his complete Block and assign him to reserve for the Block Period as outlined in
A33.06. When new aircraft are introduced the Company and ACPA will meet to
develop additional guidelines for the application of this clause.
27.10 New Fleet Training and/or Checking Requirements:
To avoid displacements and meet new fleet training and/or checking requirements
the published pairing package will include pairings designated for special training.
These pairings will be awarded or assigned in PBS to CAs, FOs and/or RPs who
require the training and one seat may be occupied by a MP, CP or FI. When new
fleet qualifications are required the Company and ACPA will meet to develop
guidelines for the application of this clause. The ACPA PBS Committee will be
consulted to ensure that no more flying than is required is selected and that the
flying selected is suitable.
27.11 Awarding Order
Block preferences which have been submitted by the PBS closing time and date
will be awarded in the following order:
Captain Assignments: For a given Position, in order of seniority to Pilots holding
CA status at the Base and only after the OE pairings have been awarded.
First Officer Assignments: For a given Position, in order of seniority to Pilots
holding FO status at the Base and only after the IOE and OE pairings have
been awarded. CAs and FOs completing qualification training will be awarded
IOE flying as a first pass in PBS prior to normal awards.
Relief Pilot Assignments: For a given Position, in order of seniority to Pilots
holding RP status at the Base and only after the IOE and OE pairings have
been awarded. RPs completing qualification training will be awarded IOE flying
as a first pass in PBS prior to normal awards.
27.12 Primary Constraints
The primary constraints include the following:
Maximum Days of Work (NJA) for Blockholders in PBS:
27.12.01.01.01 16 days per Block Period when the DBM is 80 to 85 inclusive;
27.12.01.01.02 15 days per Block Period when the DBM is 75 to 79 inclusive;
27.12.01.01.03 14 days per Block period when the DBM is 70 to 74 inclusive;
Pilots will have the option to increase their Maximum Days of Work in
increments of 1 day up to a maximum of 20 days.
Prorating of Maximum Days of Work (NJA) – The maximum days worked
parameter for Pilots on vacation, training, leave of absence, or with ACPA
release days with DSC’s for part of the Block Period will be prorated using the
following formula:
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 141
No. of days in Block Period –
No. of days on vacation/
The Maximum Days of Work
training/LOA/ACPA release days with
X (16, 15 or 14
DSC’s
depending on DBM)
No. of days in Block Period
27.12.01.03.01 Numbers will be rounded up to the next whole integer. The result will
constitute the maximum number of days that the Pilot can be planned to fly in
PBS.
27.12.01.03.02 The PBSC will oversee the application of the proration of the Maximum Days
of Work formula.
A Pilot will not be planned for more than one duty period in the same day, unless
he indicates otherwise in his PBS bid.
The parameters for the PBS bid option allowing a Pilot to bid for more than 1 duty
period in the same day are: (a) the number of consecutive days in a row with more
than one duty period in the day and (b) the number of instances of (a). The values
for (a) will be 1 to 5 and the values for (b) will be 1 to 8.
The blocks will normally be constructed using the following bidding / blocking
windows:
NJA:
• DBM 70-75: +1/-5
• DBM 76-83 Hours +2/-6
• DBM 84-85: +1/-5
WJA:
• DBM 70-85: +1/-5
The allowable open time parameter will be set at:
WJA: the lower limit of the bidding / blocking window -:01 minute.
NJA: July, Aug, Dec and March; WJA formula X [number of eligible bidders/50
(rounded up or down to the nearest integer but not less than 1)]
NJA: All other months; WJA formula X [number of eligible bidders/30 (rounded
up or down to the nearest integer but not less than 1)].
Example: March NJA DBM 85
Lower bidding / blocking window (80 - :01 min=79:59)
235 eligible bidders ÷ 50 = 4.7 (rounded up to 5)
5 x 79:59 = 399:55 allowable open time
The allowable concurrent open pairing parameter will be set at:
WJA: max of 1 concurrent open pairing per day
NJA: the concurrent open time will be based on the above open time formula
rounded down to the nearest integer. The Company may designate up to 12
days in the Block Period where no less than 30% of this value will be applied.
Modified CARs parameters:
When the DBM is at 80 hours or more on any NJA solution the CARs 40 in 7
maximum planned stick time parameter in PBS will be set at 38 hours in 7 days.
On all NJA solutions the CARs 36 hours in 7 days’ time free from duty
parameter will be set at 40 hours off in 7 days.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 142
On all WJA solutions the CARs 3 days off in 17 days’ time free from duty
parameter will be set at 4 days off in 17. In the event of an unfeasible solution
the PBSC may instruct that the parameters revert to 3 in 17. This article is
intended to address day of flight CARs illegalities. Accordingly in the event this
article gives rise to unintended consequences, this issue may be re-visited and
addressed by the PBSC.
For the purposes of A27.13.01.01, A27.13.01.02 and A27.13.01.03, a day in PBS
will be defined as between 02:00 and 02:00.
Scheduled activities such as vacation, training, absence and overlap will be
factored into the global blocking solution constraints.
When a Pilot does not submit a bid preference and he does not have a default bid
preference on file, PBS will assign the Pilot at its discretion to a block or reserve.
Notwithstanding A27.13.01.10, if there are insufficient bids received to cover the
flying, Pilots will be assigned Blocks in reverse order of seniority.
Until such time as the optimization process is consistently achieving solutions
within the primary blocking constraints and available time constraints, the Company
will upgrade its servers every 2 to 3 years.
27.13 Block Out of Seniority (BOS)
There remains a possibility that a Pilot may be assigned a Block against his bid
when the Pilot has bid for reserve using a conditional reserve bid. This is referred
to as Block Out of Seniority (BOS).
For a Block to be designated as a BOS, the Pilot must have bid for conditional
reserve.
A maximum of 4 BOS conversions to reserve will be allowed per Position for any
block run.
The BOS Pilot must contact Crew Scheduling (PBS Administrator) within 48 hours
prior to the beginning of the next Block Period, requesting designation as BOS and
reassignment to a Reserve Block.
A pilot forced onto a BOS will be given the option of keeping his awarded block or
going on reserve. Pilots who request reassignment to a Reserve Block will be
reassigned to reserve in accordance with the following rules:
By mutual agreement of the Pilot and crew scheduling, based on a
consideration of normal reserve patterns, PBS open flying coverage
requirements, the Pilot’s relative seniority and requested reserve days.
If the Pilot and crew scheduling are unable to reach agreement on reserve
assignment days, the Pilot will be assigned reserve as per a PBS rerun
requesting XXX AVOID ALL for any such unresolved BOS Pilots.
27.14 PBSC Authority to Modify Blocking Parameters
The nature of the pairings and size of the global solution set can, at times, pose
difficult blocking situations that might produce either undesirable or unblockable
results. The PBSC has the authority to make decisions, as necessary, to generate
a mutually acceptable resolution to such problem(s). The objective is to find a
solution that is closest to the primary constraints
Options for the PBSC to modify the primary constraints include, but are not limited
to, the following:
Opening the upper and/or lower limits of the blocking window: When the upper
window is increased the reserve MBG for the affected position will be increased
by an equal hourly amount:
adjusting the open time and/or the allowable concurrent pairing value;
increasing the maximum allowable days worked parameter.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 143
On the NJA:
Should the system return with an “unfeasible” solution using the primary
constraints, then the maximum days worked parameter will be increased in
increments of 1 day to a maximum of 18 days and A27.145.01.02.08 will not be
applicable.
The blocking constraint outlined in A27.13.01.03 will be modified to allow the
system to plan Pilots for more than one duty period in the same day, using the
parameters outlined in A27.13.01.03.01, on an incremental basis, to a maximum
value of 3 for parameter (a), and a maximum value of 5 for parameter (b).
The PBSC may agree to increase the maximum days worked parameter in
increments of 1 day to a maximum of 18 days and A27.14.04 will apply.
When the maximum allowable days worked parameter is increased above the
values in A27.13.01.01 Blockholders on NJA who are assigned in PBS to work
more days than indicated in A27.13.01.01 will be given a choice of:
Dropping no credit, coverage permitting and in order of seniority:
27.14.04.01.01 a single day pairing, or;
27.14.04.01.02 if none available, splitting a multi-day pairing by dropping a single day of
flying no credit (including any applicable DPG and TTG credit). A pairing may
only be split at the Pilot’s home Base. When a pairing is split, it will be done
in such a manner that the increase in DPG or TTG is kept to a minimum.
Note: The determination of coverage availability will be made no later than
36 hours prior to the start of the requested drop.
OR
Being paid a premium calculated as 50% of 4:25 hours DN (cash cleared),
except as outlined in A27.15.01.01 and A27.15.01.02.09.
The premium outlined in A27.15.01.02.08.02 will not apply to those Pilots who
have elected in PBS to fly more than the maximum days worked parameter
outlined in A27.13.01.01, nor will it apply to those Pilots who were assigned an
increased number of days in their block and who subsequently drop flying,
except for flights dropped via the Trip Trade system, book off sick, are
displaced, or otherwise removed from at least one of their days of PBS assigned
work in the applicable Block Period.
27.15 PBS Mis-Awards
The following resolution process will be used to compensate a Pilot for a mis-
award:
Once a mis-award has been confirmed by the PBSC, a blocking rerun will
establish the proper block award(s). The originally awarded Block(s) will be
flown.
All block re-runs will be completed using the same parameters as the original
block run.
When a re-run cannot be completed using the original blocking parameters the
parameters will be adjusted by mutual agreement of the PBSC to allow for
completion of the re-run.
Pilots whose scores (hierarchy of JBR/priority/point score) and block values are
increased in the re-run will receive a pay credit for the difference between their
awarded Block and re-run Block.
Time-off requests that were not honoured in the original Block but are honoured
in the corrected re-run Block, will be allowed as a “drop – no credit”, at Pilot
option, where reserve coverage exists. This is to be considered on a “net” basis.
Example: If a generic request for Saturday off results in 2 Saturdays worked
on original Block and 2 different Saturdays worked on corrected rerun, no
entitlement to drop would exist.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 144
A Pilot who drops no credit under this Article will be permitted to make use of
Pre-selection to the upper limit established by the Blocking window of the Pilot’s
equipment/status.
Any Pilot whose drop entitlement, as described in A27.15.01.05 above, is
refused as a result of coverage will have the flying performed on such day(s)
treated and paid as a Draft and the Draft premium will apply.
A Pilot mis-awarded reserve in lieu of a Block, as determined by the PBSC, will
stand reserve on the days his block would have operated and be paid for the
greater of his flying on reserve or the value of the Block that should have been
awarded. At his option, the Pilot may avail himself of Pre-selection and/or MU.
Flying picked up under this provision will reduce the Pilot’s reserve periods on a
day for a day basis.
In the event that a determination of the correct Block cannot be made due to
discovery of programming errors, the Pilot will receive the greater of his flying on
reserve or the DBM DN.
The following guidelines will be used to determine when a full re-run (all Pilots in
the solution) will be completed when:
A Pilot is awarded a Block but is not eligible to bid in that Position.
A Pilot is not awarded a Block but is eligible to bid in that Position.
Clerical errors are entered into the blocking software, such as, but not limited to,
incorrect blocking parameters or faulty data transferred from Netline such as
bank values, vacation days, or overlap credits.
A full re-run will not normally be completed when a programming error or trouble
report has been identified. In these situations it is not possible to re-run the blocks
and the following provisions will apply:
For Blockholders: The affected Pilot may have his Block manually altered to
correct the mis-award. Any Flying Pay adjustment or time off requirements
under the provisions of this Article will be by mutual agreement of the PBSC.
For reserves: Due to the nature of Reserve Blocks and the difficulties of
determining the correct award, a re-run is usually not completed. The affected
Pilot will be awarded the same Reserve Block as the first PoR junior to him, or,
as mutually agreed between the Company and the Pilot.
For a full re-run to be considered ACPA must file a claim no later than the end of
the affected Block Period. Individual claims and errors will continue to be handled
as per A7.13.
27.16 PBSC Administration
Company paid releases will be arranged for ACPA representatives to participate in
the block closing process to a monthly maximum of 26 DSC’s. The procedure
outlined in A0.09.04 will be used to process such releases.
At the request of the ACPA PBSC Chair, a software vendor meeting will be
arranged to review technical issues related to optimizer performance. The ACPA
PBS members will be invited to all technical vendor meetings, including user
conferences.
A modification and improvement fund of $35,000 per calendar year will be
budgeted and under control of the PBSC to provide for ongoing enhancements to
the PBS System. These funds will be available for use on mutually agreed items.
Any unused portion of the annual $35,000 fund may be carried forward to a
maximum value of $100,000.
Any personal computer equipment, third party agreements and/or communication
expense required to accommodate “home bidding” will be the sole responsibility of
the Pilot.
Article 27 – PBS Awards (Rev. 4 – 30 Sep 17) 145
ARTICLE 28 – OPEN TIME AWARDS
28.01 Open Time
The term open time will mean any flight(s), flight pairing or sequence of flight
pairings made up of the following:
Any flight(s) or pairing(s) not included in a block selection, excluding any test,
publicity, courtesy, IFR, training or checking flights to be flown by MPs, CPs, FIs
or PrPs as provided in A11 of the Agreement; and
Any flying that a Blockholder is not available to operate for any reason,
excluding:
28.01.01.02.01 Approved flight switches between Blockholders; and
28.01.01.02.02 Flights from which Pilots have been released for ACPA business and which
have been re-allocated in accordance with the provisions of A10.09.06.01;
and
28.01.01.02.03 Flights in a block selection which are required for training and from which the
Pilot has been displaced or released; and
28.01.01.02.04 Flying available due to Bereavement / Compassionate Leave or Jury Duty
under the provisions of A28.05.
No Pilot will be required to operate an engine-out ferry flight.
Open Time Report: The Company will provide to the Pilot group, at all times, an up-
to-date report showing the known open time. The report will indicate date of
operation, type of flight(s), equipment, route, ETD outbound and ETA inbound,
layover time where applicable, and projected flying time.
Combining Open Time: A combination of open time which can be flown in one or
more duty periods may be awarded as a complete sequence provided a more
senior Blockholder on Make-Up does not wish to operate part of the combined
sequence.
28.02 Awarding Open Time
The open time awarding process commences at 10:00 local time each day for
flying scheduled to originate between 05:00 local time the next day and 05:00 the
following day. Pilots must enter their preferences on the Make-Up, reserve
availability or VO lists prior to 09:30 local time each day. Known open flying may be
re-arranged to produce the most efficient pairings consistent with the limitations of
A25 prior to being awarded under PP, MU, reserve, or VO. However, Blockholders
on Make-Up may be awarded a portion of a pairing if the flying involved does not
produce additional guarantees than what would normally be accrued.
Where it is necessary to award (assign) flying in advance of the normal award as
per A28.07, every reasonable effort will be made to contact Pilots to offer this
flying.
Open flying will be shown as soon as it becomes available.
Open Flying Award Procedure: Calls to Pilots on MU, reserve and VO will
commence at 10:00. Crew scheduling will call each Pilot at least twice with a 15-
minute interval between calls before awarding open flying to another Pilot. Pilots
must ensure that their primary and, if applicable, secondary contact numbers are
valid and current.
MU and VO Lists: A Pilot must enter his name on the MU or VO lists (via CrewLink)
with specific instructions or, if unable to access the system, by contacting CS
directly (including the use of Datalink). Absent specific instructions, the Pilot will be
eligible to receive a call(s). However, if the pilot cannot be contacted he will be
passed.
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 146
A Pilot not expected to be available via his primary or secondary contact
numbers during the award period should leave an alternative method of contact
or leave specific instructions with CS for open flying which he will accept and
advise a time (no later than 21:00 of the awarding date) when he will contact CS
for confirmation of the flight(s) awarded. A Pilot will be expected to fly his
awarded flight(s).
A Pilot on MU, reserve or VO who has refused all of the open flying available at
the time of awards will have no further claim on that flying. He will be eligible to
accept additional open flying that becomes available in accordance with A28.03.
A Pilot will not be allowed to relinquish awarded open flying.
In A28, for the purposes of measuring the length of a pairing in days, a day is
defined as 0200 to 0200 except for a pairing consisting of a single Duty Period
which is considered 1 day.
For awards under Step 3, anytime the open pairings remaining are greater than
the number of pilots available, and the pairings are all of the same length (in
days), the senior Pilot will be given his choice of assignment, subject to the
normal limitations of the award process.
Under Step 3, all available PoR’s will be awarded flying for which they are legal
prior to awarding flying under subsequent steps of the award process.
PoR’s from other bases may be utilized prior to awarding under step 4.
When flying becomes available that had been awarded to a higher status Pilot
(for example a CA augment pairing), this flying may be awarded to a Pilot in any
status as per the awarding steps.
Pilots holding an assignment out of status may not be forced to change status
except under A30.02 and A33.08.
Open Flying Award Sequence: Open flying will be awarded in the following order:
Captain (CA) Flying
28.02.06.01.01 Step 1: In order of Base seniority to Blockholders under Pay Protection.
Pilots in this step may be awarded flying to the greater of the loss of flying or
the loss of flying plus the difference between the pilot’s PBS award and the
DBM and as per A32.04.02. The DBM for FIs/PrPs is 80 hours.
28.02.06.01.02 Step 2: In order of Base seniority to Blockholders on MU to a maximum of
DBM. The DBM for FIs/PrPs is 80 hours.
28.02.06.01.03 Step 3: In order of seniority from among the 3 categories below:
▪ Base seniority to PoRs up to DBM + 7 to a maximum of 90
hours (WJA) and DBM + 4h24 (NJA).
▪ Base seniority to DARs and NRFOP’s
▪ System seniority to MPs, and CPs conducting an OE or IOE.
Note 1: The DBM for CPs and NRFOP’s is 80 hours.
Note 2: Prior to step 4, at Company option to PoRs from another base.
28.02.06.01.04 Step 4: In order of Base seniority to CAs on the VO list and as per A 26.05.
Pilots in this step may be awarded flying to a maximum of 118 Block Credit
hours
First Officer (FO) Flying
28.02.06.02.01 Step 1: In order of Base seniority to Blockholders under Pay Protection.
Pilots in this step may be awarded flying to the greater of the loss of flying or
the loss of flying plus the difference between the pilot’s PBS award and the
DBM and as per A32.04.02. The DBM for FIs/PrPs is 80 hours. FOs on PP
may be re-assigned to a FO, augment or a RP pairing provided there are no
RPs available on Make-Up. While not on PP, awarding of flying in this step
may include CAs and FOs returning to the line from Sickness or GDIP and
completing qualifying flights when accompanied by a MP, CP, FI, PrP or an
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 147
IOETC. CAs and FOs completing qualifying flights are legal to be awarded to
a maximum of 85 hours for the purposes of completing IOE and OE in the
Block Period they commenced IOE.
28.02.06.02.02 Step 2: In order of Base seniority to Blockholders on Make-Up to a maximum
of DBM. The DBM for FIs/PrPs is 80 hours.
28.02.06.02.03 Step 3: In order of seniority from among the 3 categories below:
▪ Base seniority to PoRs up to DBM + 7 to a maximum of 90
hours (WJA) and DBM + 4h24 (NJA).
▪ Base seniority to DARs and NRFOP’s
▪ System seniority to MPs.
Note 1: The DBM for NRFOP’s is 80 hours.
Note 2: Prior to step 4, at Company option to PoRs from another base.
28.02.06.02.04 Step 4: In order of Base seniority to FO’s on the VO list and as per
A32.04.02. Pilots in this step may be awarded flying to a maximum of 118
Block Credit hours. At Company discretion and in order of Base seniority, an
unassigned right seat qualified CA PoR may be assigned prior to the
application of this clause.
Relief Pilot (RP) Flying
28.02.06.03.01 Step 1: In order of Base seniority to Blockholders under Pay Protection.
Pilots in this step may be awarded flying to the greater of the loss of flying or
the loss of flying plus the difference between the pilot’s PBS award and the
DBM and as per A32.04.03. The DBM for FIs/PPs is 80 hours. While not on
Pay Protection, awarding of flying in this step may include RPs returning to
the line from Sickness or GDIP and completing qualifying flights when
accompanied by a MP, CP, FI, PP or an IOETC. RPs completing qualifying
flights are legal to be awarded to a maximum of 85 hours for the purposes of
completing IOE and OE in the Block Period they commenced IOE.
28.02.06.03.02 Step 2: In order of Base seniority to Blockholders on Make-Up to a maximum
of DBM. The DBM for FIs/PrPs is 80 hours.
28.02.06.03.03 Step 3: In order of seniority from among the 3 categories below:
▪ Base seniority to PoRs up to DBM + 7 to a maximum of 90
hours (WJA) and DBM + 4h24 (NJA).
▪ Base seniority to DARs and NRFOP’s
▪ System seniority to MPs.
Note 1: The DBM for NRFOP’s is 80 hours.
Note 2: Prior to step 4, at Company option to PoRs from another base.
28.02.06.03.04 Step 4: In order of Base seniority to RP’s on the VO list and as per A 26.05.
Pilots in this step may be awarded flying to a maximum of 118 Block Credit
hours. At Company discretion and in order of Base seniority, an unassigned
CA or FO on Reserve may be assigned prior to the application of this clause.
28.03 Open Flying After Normal Award Time
When assigning flying after normal awards Crew Scheduling will call the pilot’s
primary number, and, if unable to contact, then the pilot’s secondary number. The
requirement for two 15-minute calls as outlined in A28.02.04 is not applicable.
For Move-Up, and Draft On-the-Go, see A30.
Additional flying not in open time at the closing time of 10:00 local time will be
covered in the following order:
A one-way flight may be assigned to a Pilot who is legal and scheduled to
deadhead to the same destination. The open flight must be scheduled to depart
within 3 hours of the Pilot’s planned deadhead flight;
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 148
Assigned to Blockholders under PP, as per A32;
In order of Base seniority, offered to Pilots on MU and VO who have been
awarded open flying with which the new flying could be combined and for which
they are legal. Under this step, the additional flying will be restricted to within the
same duty period;
In order of Base seniority, offered to Blockholders on MU who have not already
been awarded open flying;
Assigned to reserves who have been awarded or are currently operating a
pairing with which the new flying could be combined. Under this step, the
additional flying for reserves will be restricted to within the same duty period
unless no other PoR is available;
Assigned or awarded to Pilots as per the Open Flying Award Sequence,
A28.02.06 and Draft off Home Base, A30.07.
Short Call Procedures
Recognizing the time constraints involved and to protect the operation, if there is
insufficient time (normally less than 3h15) for Crew Scheduling to go through the
normal award process, Crew Sched (CS) will utilize the following procedure;
28.03.04.01.01 A30.02, when practicable.
28.03.04.01.02 Alert the most junior PoR. He will advise his anticipated arrival time for the
required Check-In. He will call CS prior to leaving for the airport.
28.03.04.01.03 During that time period CS will make calls to Pilots listed as available for
Short Call in Step 2, and then in Step 3. The first Pilot that can make the
required Check-In will be awarded the flight and the junior PoR will be
advised to stand down.
28.03.04.01.04 If no Pilots, including the junior PoR, are able to make the required Check-In,
the flight will be awarded to any Pilot based on sound economic principles
with due regard to seniority and the awarding steps.
Short Call - Designated Rest Period
28.03.04.02.01 For a flight that becomes open between :30 min before the start of the
designated rest period until the end of the designated rest period and is
departing less than 3h15mins after the end of the designated rest period (or
more in the event of irregular operations), the most junior PoR will be alerted
and will operate the flight(s) subject to CS ability to utilize the above
procedures.
Pilots may only list themselves for short call on a daily basis after 1800L the day
prior. Pilots on the Short Call list are expected to accept Short Call flying when
offered.
28.04 30 Minute Connection Rule
In order to minimize disruptions to the operation, as soon as CS is aware that a
Pilot will arrive on the flight deck with less than 30 minutes to planned departure,
CS may replace the Pilot.
28.05 Miscellaneous Awards
Open Flying due to Bereavement Leave, Leave for Compassionate Care, Jury Duty
or other releases will be assigned/awarded as follows:
Where the dropped flying is with credit, the Company may assign/award the
flying at their discretion including to the PoR with the lowest projected Block
Credit;
Where the dropped flying is without credit (drop no credit), the flying will be
awarded as per A28.02.06 or A28.03 as appropriate.
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 149
28.06 Procedure for Completing Simulator Crew Complement
The simulator planner will maintain a list of volunteers (including FI/PrP) that are
willing to complete a simulator crew complement. Volunteers from the Base where
the simulator is located will be called prior to volunteers from other Bases.
Volunteer simulator assignments, including any associated crew rest, may not
interfere with planned schedules or reserve duty.
In order to maintain training continuity, simulator crew complements will be covered
by the most senior volunteer in the following order;
available for all simulator sessions;
available to cover most of the simulator sessions;
in order of seniority.
Volunteers from other Bases will be entitled to PY1/J05 priority passes and pay as
outlined in A13.13.05, and applicable hotel accommodation and expenses. Travel
credits will not apply.
If there are no volunteers available, the Company will award the simulator session
in the following order:
a CP, NRFOP, or MP; then
a Contract Instructor; then
awarded as Open Time in accordance with A28. A13.13.05 will apply.
Crew complement may be covered with a contract instructor, for training purposes
only, subject to the concurrence of the Pilot being trained.
No PoR may be forced to cover a crew complement more than once per Block
Period provided a more senior PoR is available and who has not been forced out to
cover a crew complement in the same Block Period.
28.07 Special Jetz Assignments (SJA)
SJA’s are awards that contain special requirements such as, but not limited to, visa
requirements, security clearances, and/or special requests from charter customer.
The SJA may be designated by the Company subject to the conditions outlined in
this article.
Assignment(s) may be awarded in increments of whole block periods, and/or partial
block periods in combination with a PBS award when necessary.
The Company will publish the Assignments as early as possible. Pilots must be
qualified on the equipment assigned to the SJA and qualify for all special
requirements.
SJA flying will be withheld from PBS and awarded with due regard to seniority and
in a manner mutually agreeable to the Association and the Company.
The provisions of A19 will apply when vacation interferes with an SJA.
In the event that there are an insufficient number of Pilots available at the
designated base, the SJA will be offered to interested pilots at other bases.
Pilots will be paid the applicable DBM (1/2 day, 1/2 night rates), or prorated DBM
based on a partial block period, plus overseas pay (if applicable), or the actual
flying performed, whichever is greater.
Except as provided for above, the terms of the Collective Agreement remain in
effect. The Joint Scheduling Committee will meet to resolve any unforeseen issues.
For clarity, it is understood that all Jetz operations will be operated pursuant to the
provisions for mainline pay and working conditions.
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 150
28.08 Trip Trade – (TT)
TT allows a Pilot to exchange or post a pairing or partial pairing (when operating
through a pilot’s home base) for other Pilots to accept on a first come first served
basis. The pairing remains in the offering Pilot’s Block, until it passes all legalities
and is accepted by the other Pilot. The exchanging or dropping of pairings will be at
no additional crew cost to the Company.
Trading with Open Time is not allowed.
All pairings accepted will be eligible for PP.
CP’s, NRFOP’s, PoR’s and Pilots on Sick Leave are not eligible to use TT.
Pilots on PP may not accept pairings 12 hours before to 12 hours after the PP
window.
A pilot who drops flying below the MBG is not eligible for the guarantee and will be
paid for his actual flying.
Flying picked up through TT will not be eligible for premiums.
Additional credits resulting from a trip trade will be cash cleared.
All legalities will apply. A26.05.03 will be applied on a forward and backward
looking basis.
A pilot’s eligibility for MU and VO, including applicable VO premiums, will be based
on his adjusted DBM when flying credits have been increased or decreased to his
block using the TT system.
Maximum limits to TT may be established
CS may accept pairings from TT to cover an unscheduled requirement for
checking.
CS may accept pairings from TT and assign to a Pilot on pay protection.
MP’s may accept pairings from TT.
Designated ACPA Representatives may accept pairings from TT. A10.09.01.06
applies.
TT activity will be frozen from PBS block closing until the block awards are loaded
in Netline.
The Joint Scheduling Committee will continue to meet to discuss the outstanding
applications of the TT system.
Article 28 – Open Time Awards (Rev. 4 – 30 Sep 17) 151
ARTICLE 29 – RESERVE
29.01 Planned Off-Duty Periods
NJA reserve blocks will contain a minimum of 12 days off in the following pattern:
1x 96 hour off-duty period consisting of 2 G days followed by 2 O days (GGOO);
and
2x 72 hour off-duty periods consisting of 1 O day followed by 2 G days (OGG);
and
1x 54 hour off-duty period consisting of 2 G days off immediately preceded by a
6 hour optional off duty period (6 hour O + GG).
For a partial Reserve Block, the allotment days will be calculated using the
following formula:
1 to 14 days on reserve = 1 X 2G days
15 to 20 days on reserve = 2 X 2G days
21 or more days on reserve = 3 X 2G days
WJA reserve blocks will contain a minimum of 12 days off.
The day off pattern will be the same as A29.01.01 (for the purposes of
A29.01.01.01.03, “G days off” shall be read as “T days off”) except for the block
periods of March, July, August, and December. For these 4 block periods the
following applies:
29.01.03.01.01 1x 96 hour off-duty period consisting of 2 G days and 2 O days (GGOO); and
29.01.03.01.02 1x 96 hour off-duty period consisting of 2 T days and 2 O days (TTOO); and
29.01.03.01.03 1x 54 hour off-duty period consisting of 2 T days off immediately preceded by
a 6 hour O off duty period (6 hour O + TT).
29.01.03.01.04 1x 48 hour off-duty period consisting of 2 G days (GG).
For a partial reserve block, the pattern of A29.01.02 will apply except for the
Block Periods of March, July, August, and December. For these 4 Block Periods
the following formula applies:
29.01.03.02.01 1 to 14 days on reserve = 0 X G days
29.01.03.02.02 15 to 20 days on reserve = 1 X 2G days
29.01.03.02.03 21 or more on reserve = 2 X 2G days
When a PoR, NJA / WJA, has a partial Reserve Block his allotment of off duty days
will be calculated using the following formula (values of .5 or greater will be
rounded up):
12 required days off in the Block X Days in the reserve period
Period
Total days in the Block Period
Once assigned, the Optional day off before Guaranteed days off may be changed
(OGG becomes GGO) at pilot request, but only after the days off have
commenced. This is to ensure maximum scheduling flexibility leading up to the
Pilot’s OGG.
Optional day(s) off after Guaranteed or Tentative days off may be changed with the
approval of the Chief Pilot. An exemption may be made from the 5 days as noted in
A29.01.08. This only applies to days originally scheduled as Optional and not to
those rescheduled by the Pilot as per A29.01.07.
A Pilot may reverse the order of his 96 hour off-duty period at any time (GGOO
becomes OOGG).
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 152
No Pilot will be scheduled for more than 5 consecutive days of Reserve Duty over
2 Block Periods in PBS unless the Pilot has indicated on his bid that he is waiving
the 5-day rule. For blocks built by CS, Pilots will not have the ability to waive the 5-
day rule.
29.02 Replacement of Off-Duty Periods
A PoR who is forced to fly into his days off immediately prior to his vacation will, at
his option, have that portion of his days off replaced upon completion of vacation.
A PoR who is forced to fly into his days off (including a PoR drafted/VO cold called
on an O day) and is awarded a block selection in the subsequent Block Period will
have these days off replaced immediately following the cycle and will be entitled to
PP for any flying in the subsequent Block Period that he is unable to operate as a
result of replaced days off.
If the days off cannot be replaced, the PoR will receive a premium calculated as
50% of 4:25 hours DN for each day.
The premium will not apply if the PoR was released from reserve for an entire
duty period, on a day for a day basis.
A PoR who elects to fly on an optional off duty period will not have such off-duty
period replaced. If assigned flying into the off-duty period, the period will be
replaced.
In the event of a Draft or VO cold call, the O day(s) will be replaced in conjunction
with a remaining off-duty period, if possible.
29.03 Assigning into / on Off-Duty Periods
A PoR may be assigned to fly into his T or O days if no other PoR is available.
When no PoR elects to fly into his off duty period;
The most junior PoR will be assigned to fly into his T or O days.
On the NJA, if no PoR can be assigned under A29.03.02.01, a PoR may be
assigned flying that terminates duty up to 2 hours past the start of the G day.
The assignment will be terminated on the first return to home Base unless he
wishes to complete the pairing. If relief cannot be provided from other available
Pilots in Steps 1 through 4, he must complete the assignment.
A PoR on an O day is subject to drafting under A30.
In the case of irregular operations where the PoR was originally scheduled to
return home prior to the commencement of a G day and subsequently is unable,
the Company will make every effort to replace the affected Pilot.
At pilot option, a PoR on a domestic pairing that was originally scheduled to
return to home Base prior to the commencement of a guaranteed day off period
who is subsequently rescheduled will be returned to home Base no later than
the first 24 hours of the guaranteed day off period except for reasons beyond
the control of the Company. Deadheading under this provision will be done only
on Company flights and to domestic terminals.
If a PoR’s flight duty period extends into one of his off duty periods his applicable
rest period will be 12 hours or the length of the preceding flight duty period,
whichever is greater.
If a PoR’s flight duty period will cause his subsequent crew rest period to extend
into his off-duty period, his off-duty period will commence after the applicable crew
rest period.
A PoR may waive the applicable crew rest period at any time in conjunction with
days off.
A PoR contacted by CS at home Base during his designated rest period as detailed
in A29.04.06 will be limited to a maximum flight duty period of 10 hours and the
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 153
subsequent 10 hour rest period will be increased by ½ the length of the preceding
flight duty period. This 10 hour maximum flight duty period cannot be extended and
the resulting rest period cannot be reduced.
29.04 Reserve Duty
At home Base a PoR will be considered to be on reserve at all times except during
his designated rest periods or his off-duty periods. A PoR shall be relieved of all
duty during the off-duty periods specified in his Reserve Block except as outlined in
A29.14, A29.09 and A30.06 and is not obligated to be contactable during the above
mentioned rest periods.
The PoR must ensure his contact information (primary and secondary numbers) is
provided to CS.
A designated reserve duty period may not be scheduled to exceed 16 hours.
A PoR must be available to report for flight duty no later than 2 hours after a call
from CS.
At home Base a PoR will have an 8 hour designated rest period during each 24
consecutive hours of reserve duty.
The designated rest period for a PoR will normally be between 21:00 and 05:00
local time unless otherwise advised by CS.
Example 1: When a PoR commences reserve duty and receives a call at 05:00,
he will be expected to report for duty at 07:00 for a 08:15 departure. If a PoR is
scheduled to end his duty period at 00:00, except a guaranteed day off period,
he will be required to report at 23:59 for a 01:14 departure if no other legal PoR
is available.
Example 2: A PoR on duty between 05:00 and 21:00 will be expected to receive
a call at 05:00 for a 07:00 report time and be continuously available until 20:59
for a 22:59 report time. The uninterrupted rest period will be between 21:00 and
05:00.
Example 3: A PoR commencing reserve duty at 0800 following crew rest or
days off can be expected to be assigned flying with a report time of 0800.
29.05 Standby at the Home Base Airport
A PoR may be required for standby duty at his home Base airport. The flight duty
period will commence at the reporting time as advised by CS.
The standby duty period will not exceed the maximum scheduled duty period. It is
not necessary that the PoR remain at the airport during the entire duty period.
A PoR held on standby at the airport will be credited the greater of 2 hours Flying
Pay and Flight Time credits or the appropriate pro-rated DPG.
29.06 Reserve Availability List
As part of the normal awards process, calls will be made to Pilots who are on or will
be coming on reserve. PoR’s who may not be available through their normal
contact information as provided to CS should leave specific instructions on the
reserve availability list as to the type of open time which they are prepared to
accept without further contact with CS.
Absent specific remarks, the PoR will be passed unless required.
A Pilot arriving from an overseas flight, except for Bermuda, Jamaica, or Cuba,
must have indicated on the reserve availability list that he desires the normal off
duty rest period as per A25.05, otherwise the 14 hour off duty rest period will be
planned.
It is not necessary for the PoR on time off to put his name on the list if he can be
reached by telephone.
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 154
PoR’s on scheduled time off, crew rest, or away from Base on a flight, whose
remarks do not appear on the Reserve Availability List, will be assigned any
remaining flying to be covered in reverse order of seniority.
A PoR will not be contacted by CS for flight awarding or assignment:
during the first 12 hours of his home Base rest period following flight duty, or a
time period equal to the length of the previous duty period, whichever is greater,
unless the Pilot has already been awarded a pairing, and the reporting time has
been delayed, in which case CS can call the Pilot within 2 hours of the expiry of
the 12 hours to advise of the delay; or
in the case of a mandatory reduced home Base rest period A25.08 during the
entire 11h30; or
in the case of a home Base rest reduced at Pilot option A25.08, during the entire
10 hours; or
in the case of home Base rest periods greater than 14 hours, prior to 2 hours
from the end of the rest period.
A PoR on an O day(s) who desires to fly may enter his request in Crew Link. He
may accept or refuse any flying offered to him. He will not be considered as
standing reserve during this period.
29.07 Open Time Procedures Due Sickness
A PoR awarded a pairing that is subject to a Sick Hold which consists of a series of
flights operating through the home Base will be advised that each series is subject
to the 5 hour rule. If the Blockholder books on at least 5 hours prior to the
scheduled departure of his next blocked flight outbound from his Base he will
operate the remainder of his pairing.
29.08 Limitation on Reserve Assignment Between 02:00 and 06:00
A PoR will not be required to fly a flight or sequence of flights which operates,
departs or arrives between the hours of 02:00 and 06:00 on consecutive nights with
an intervening off-duty rest period at home Base unless there is no other PoR
available to operate the flight or flights. Sufficient notice must have been given to
such Pilot to allow a reasonable rest period prior to flight duty. These limitations will
be based on the Pilot's home Base time.
29.09 Reserve Call-In
A PoR, on his last day off prior to a reserve period must call-in to CS between 2
and 3 hours prior to the beginning of their designated rest period (e.g. between
18:00 and 19:00 when the designated rest period is between 21:00 and 05:00).
This provision will not be used by CS to delay the awarding of open time. The PoR
will be required to call-in even if he has already acknowledged an assignment and
the provisions A29.10.01.01 are in effect.
29.10 Scheduling of Reserves
Every effort will be made by CS to avoid reassigning a PoR who has been awarded
flight duty. However, it may be necessary at times to reassign the PoR to protect
Company operations. Although seniority preference is available during awarding, a
PoR may be subsequently assigned to any other flight or flights as may be
necessary due to changes in required flight coverage.
A PoR may not be reassigned on day of flight to an assignment that departs
more than 5 hours earlier than his original assignment. This rule may be
removed with a minimum 30 days notice at Company discretion
CS will not extend an awarded pairing to total more than 7 days unless the PoR
agrees to further extension. In the case of irregular operations where the PoR was
originally scheduled to return home prior to the expiration of the 7 day period and
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 155
subsequently is unable, the Company will make every effort to replace the affected
Pilot.
A Pilot on a domestic pairing that was originally scheduled to return to home
Base prior to the expiration of the 7 day period and who is subsequently
rescheduled will, at his option, be returned to home Base no later than the first
24 hours following the expiration of the 7 day period except for reasons beyond
the control of the Company. Deadheading under this provision will be done only
on Company flights and to domestic terminals.
A PoR who has been awarded a Block in the following Block Period may elect to
pass flying which conflicts with his Block to a more senior PoR coverage permitting.
29.11 Reserve Release
A PoR returning to home Base after flight duty must contact Crew Scheduling prior
to leaving the airport to determine whether or not he is released from duty and/or to
be advised of a future assignment.
A PoR who has completed periodic training must contact CS on completion of
training on a scheduled working day, or on arrival at home Base where a deadhead
is involved, to determine whether or not he is released from duty. Once released
from duty, the PoR is entitled to legal crew rest. PoR’s may be released when
assigned to flying considering adequate standby protection is available at company
discretion.
Pilots on reserve will not consider themselves released unless so informed by CS.
A NJA PoR who is assigned flying that operates between the hours of 0200-0600
home Base time on the first duty period of the pairing will be released from
standing reserve either 10 hours before the first departure of the duty period, or for
the remainder of the day of operation, whichever period of time is greater, unless
the Pilot is advised less than 10 hours prior to departure in which case he will be
released upon assignment. Once released, Crew Scheduling may call the PoR to
advise of a delay, cancellation or change to the original pairing. The PoR must
acknowledge receipt of the message no later than 2 hours prior to the original
check-in.
A NJA PoR who exercises his seniority in accepting flying that causes a downline
Time Free from Duty CARs violation which requires him to be released from duty
will have to replace the additional day(s) off with any unused Optional day(s) off. If
the PoR has no unused day(s) off available he will be released from duty with no
loss of pay.
29.12 Reserve Time Balancing
When necessary to ensure that there is adequate reserve coverage throughout the
Block Period, a PoR’s flying time may be balanced at any time his projected Block
Credits exceed the number of days expired in the Block Period times DSC.
Crew Scheduling will advise the PoR no later than 18:00 of the day prior to the
day(s) he will be released from reserve duty for time balancing. Where possible,
the additional days off will be combined with his other off duty periods.
A PoR will not be subject to time balancing during his optional off duty period(s).
A PoR may be time balanced only once in any one period of consecutive reserve
duty days.
29.13 Reserve Displacement or Removal
Where a PoR is displaced by a MP, CP, NRFOP, PrP or FI, 3h15 or more before
the scheduled departure time, such Pilot will remain available on reserve until the
normal completion of his reserve duty. The PoR will be paid and Flight Time limited
the greater of the displaced or any other flying performed, except where re-
assignment is required.
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 156
Where a PoR is displaced by a MP, CP, NRFOP, PrP or FI less than 3h15 prior to
the scheduled departure time of awarded flying he will be paid and Flight Time
limited for the displaced flying as if flown according to schedule. The PoR will have
the option of either being released from all duty until 12 hours after the scheduled
arrival at home Base of the displaced flying, or he may elect to remain on duty.
Additional Flying Pay and Flight Time credits will be applicable for pairings that
originate from home Base after the schedule arrival of the displaced flying.
Up to 3h15 prior to departure, a PoR may be removed from previously assigned
flying and replaced by a Pilot who is subject to Pay Protection or pairing integrity.
29.14 Periodic Training for Pilots on Reserve
A PoR will not be required to perform periodic training on one of his 12 days off
unless he so desires.
If he elects not to train on his days off, the Company may designate a reserve day
on which he will complete periodic training. During the designated day he will not
be eligible for flying that will interfere with the training.
If a Pilot indicates that he will accept training during any of his off-duty days and the
Company does not schedule him for training during these off-duty days, he will be
Pay Protected for any flying that he is unable to complete because of this
scheduling.
29.15 On Completion of Training or Return from LOA/GDIP
A Pilot completing qualification training or returning from a LOA/GDIP will be
assigned to reserve duty once qualified.
Article 29 – Reserve (Rev. 4 – 30 Sep 17) 157
ARTICLE 30 – DRAFT AND VO COLD CALLING
30.01 Draft Flying
A PoR will be considered drafted when assigned flying on-the-go above DBM
+4:24 NJA / +7 WJA.
A Blockholder will be considered drafted when assigned flying that was not a part
of the original blocked flying, except for the following:
PI or PP that takes place entirely within the PP window; and
PP Pre-selection.
Flying that is awarded via MU (including pre-selection), VO, VO cold calling or
TT.
30.02 Move-Up
When flying becomes available less than 3h15 prior to scheduled departure and
there is no Pilot available on PP, MU, reserve, or VO, a Pilot may be removed from
a flight or flights (including deadhead flights) in his Block and assigned to that
flying.
A Pilot whose pairing is disrupted may be required to operate (or deadhead on) a
flight earlier than his scheduled flying. If a Blockholder accepts this flying it will be
considered draft.
30.03 Draft On-the-Go Provisions
A Pilot may be removed from a flight(s) in his Block and drafted to another flight(s)
to provide relief during irregular operations or to maintain the integrity of the
operation.
A pilot may be drafted to prevent operational delays providing no other legal Pilot is
available.
Any resulting illegality will be reconciled as soon as possible.
When at a crew Base where coverage is available and the Pilot has lost his flight
(deadhead or operate) to his home Base, he may be required to remain at the crew
Base on a stand-by basis for a maximum of 2 hours beyond the departure time of
his lost flight, without being provided definite information as to a specific one way
flight to be covered that will return him to his home Base. If no definite information
can be provided within the 2 hours, the Pilot will be allowed to deadhead home.
When a layover or turnaround Pilot is required to operate a flight(s) which is a
logical extension to his blocked flying, the Pilot may be assigned to the flight(s).
The Pilot must be legal for the return blocked flight.
The provisions of A30 apply when a Pilot's scheduled flight is re-routed at company
request through a station that was not scheduled in the original pairing.
The provisions of A30 will not apply when a flight is re-routed because of weather,
technical reasons, en route fuel stops, medical emergencies, mechanicals or
alternate operations, provided the unscheduled rerouting is completed within the
same duty period.
30.04 VO Cold Calling – Home Base
When there are no legal Pilots listed and available under the awarding process
outlined in A28, Crew Scheduling may offer the flying directly, including Data Link,
to legal Pilots as follows:
Day prior; in order of seniority.
Day of; to any legal Pilot based on sound economic principles with due regard to
seniority.
Article 30 – Draft and VO Cold Calling (Rev. 4 – 30 Sep 17) 158
A PoR who accepts VO Cold Call on an O day will have his O day(s) replaced in
accordance with A29.02.04.
30.05 Draft (and Drop) – Home Base
If unable to cover the flying in accordance with A30.04, and when there are no
legal pilots available, CS may offer the flying to any pilot based on sound economic
principles. Any resulting illegality will be reconciled as soon as possible. A 30.08
will apply.
A PoR drafted on his O day will have his O day(s) replaced in accordance with
A29.02.04.
30.06 Draft – Home Base
If unable to cover the flying in accordance with A30.04, or A30.05 crew scheduling
will assign the flying in the following order regardless of the Pilot’s accrued AO:
to the most junior legal Pilot; then
to the most junior Pilot.
30.07 Drafting Procedure – Off Home Base
On an exceptional basis, in order to prevent operational delays and when there is
insufficient time, CS may use the provisions of A28.03.03.06 to award a complete
pairing to a pilot who is not originating at home base. This flying will be considered
a draft and the assignment must include the appropriate deadhead credits as if
awarded at home base.
30.08 Draft – Administration of Flying Pay and Flight Time Credits
A Blockholder who loses flying as a result of blocked flights being missed, or over-
projection as a direct result of a Draft (including credit growth during the draft), will
be paid and credited the greater of the drafted flying or the original flying as if it had
been flown according to schedule.
A Blockholder who has been awarded MU or VO flying and is subsequently drafted
for new flying which makes the Pilot unable to operate the previously awarded
flying will be paid and credited the greater of the previously awarded flying as
scheduled or the new Draft flying.
A Pilot who is drafted over the Block Period end will be paid the greater of the
drafted flying versus the applicable credit of the missed flying in the current Block,
and the greater of the drafted flying versus the credit on his missed flying in the
new Block.
30.09 Draft Premium – Blockholders and CPs, FIs, PrPs and NRFOPs
A Pilot who is drafted, will be paid a premium of 50% (cash cleared) including any
associated deadhead, TTG or DPG when he:
operates additional flying prior to or after any pairings awarded in his Block;
operates additional flying prior to or after any awarded MU;
operates on a day or days off as shown in his original Block;
operates any PP reassignment flying that falls outside of the PP window
excluding flying under A32.03.03.06.;
A Right Seat qualified captain who is drafted on-the-go to operate as FO will
receive a 25% draft premium on the applicable leg(s). A pilot who is operating the
flying with VO or draft premiums will not be eligible to receive this 25% premium.
30.10 Draft Premium-PoR
When a PoR is drafted/VO cold called on an O day, the premium will apply for the
duration of the continuous off duty period as shown at the time of the Draft award,
i.e. a 4-day draft during his OGG would attract a premium for 3 days;
Article 30 – Draft and VO Cold Calling (Rev. 4 – 30 Sep 17) 159
When a PoR is drafted on-the-go, all credits above DBM+4:24 NJA / +7 WJA will
have the premium applied.
Article 30 – Draft and VO Cold Calling (Rev. 4 – 30 Sep 17) 160
ARTICLE 31 – SICK LEAVE
31.01 General
Sickness is defined as illness of the employee and includes injuries received while
off duty.
For the purpose of this Article, Sick Leave shall mean the period of days during
which a Pilot is unable to report for any duty that attracts Block Credits as a result
of Sickness
For the purpose of this Article, day shall mean a 24 hour period or part thereof.
Air Canada Occupational Health Services should be consulted any time a Pilot
suffers from Sickness that may affect his Medical Certificate.
31.02 Sick Leave Entitlement
On January 1st of each year, all Pilots actively employed with the Company shall be
entitled to 12 days of sick leave with pay for the current year. Pilots employed
during the year shall be entitled to 1 day of sick leave with pay for each full month
remaining in the year.
Half of the unused portion of a Pilot's yearly sick leave allowance shall be
cumulative indefinitely. Cumulative sick leave will only be applied for additional sick
leave benefits when the current year's allowance has been exhausted, such
additional leave to be substantiated by a Doctor's certificate if required by the
Company. The remaining unused portion shall be cumulative and credited to a
GDIP bank. These credits can only be used to top up GDIP payments when the
regular sick leave credits have been exhausted.
31.03 Procedures for Sick Book Off
When a Pilot anticipates that he may not be available for duty, it is necessary that
Crew Scheduling be informed as early as possible. That early advice is for planning
purposes only, and will not result in the Pilot being booked off. A Pilot who has not
booked off will be expected to operate his flights. The Pilot should inform Crew
Scheduling as soon as possible when he is or anticipates being fit for duty.
When a Blockholder actually books off sick, unless otherwise informed by the
Pilot, CS will automatically place a Sick Hold on his next pairing and:
31.03.01.01.01 For Sick Hold flight(s) with a planned check-in prior to 10:00, if the Pilot does
not book on prior to 20:00 the previous day, the flight will be placed in open
time and awarded as per A28.
31.03.01.01.02 For Sick Hold flight(s) with a planned check-in at or after 10:00, if the Pilot
does not book on 5 hours prior to planned check-in, the flight will be placed in
open time and awarded as per A28.
31.04 Booking Back on From Sick Leave
When booking on a Blockholder without a Sick Hold should do so at or before
10:00 local time on the day prior to the next flight in his Block, otherwise his flying
will be considered as Open Time and awarded as per A28.02.
A Blockholder without a Sick Hold may place a Sick Hold on his flying by advising
Crew Scheduling at or before 10:00 local time on the day prior to such flight.
A Pilot who is on Sick Leave and who anticipates that he will be available to fly may
list himself on the appropriate availability list, and must advise Crew Scheduling of
his intention.
A Pilot who has been on Sick Leave for more than 10 calendar days must have a
Company medical examination before resuming duty.
Article 31 – Sick Leave (Rev. 4 – 30 Sep 17) 161
31.05 Sick Leave Charges
For Blockholders, Sick Leave charges shall commence at the check-in time for his
next schedule flight(s). A sick day shall be charged for each 24 hour increment or
part thereof.
When a Blockholders’ book on time is prior to the termination of a flight(s) in his
Block, pay and credits will be calculated to the completion of the 24 hour sick
day.
When a PoR books on and subsequently flies in that 24 hour period, such book-
on time shall be deemed to have been at the end of the preceding 24 hour Sick
Leave period.
A Pilot on Sick Leave who is awarded MU or VO, or is drafted for flying will neither
be charged for Sick Leave nor credited for such flying.
For PoRs, Sick Leave charges shall commence at the check-in time for any
assignment for which the PoR has, or otherwise would have been assigned. A sick
day shall be charged for each 24 hour scheduled on duty period or part thereof.
Notwithstanding A31.05.03 a PoR may direct CS to commence his Sick Leave
charges at the next scheduled reserve on-duty time.
A PoR, when booked off, will accumulate pay and credits and be charged sick
days for each 24 hour scheduled on duty period or part thereof until he has
reached or exceeded the DBM. At that time, all credits and charges will cease
for the remainder of that Block Period. The appropriate credits and charges will
resume at the beginning of the following Block Period.
Pilots in training (A13.13.01 or A13.13.02) who book off sick will be charged one
half (1/2) sick day for every calendar day of the Sick Leave.
Pilots on vacation may not utilize sick leave provisions.
When a Pilot’s sickness overlaps a scheduled vacation period, the Pilot may, at his
option, elect to take his vacation as planned.
For Pilots eligible for GDIP, the 30 day GDIP waiting period will continue to run
through his vacation. At the end of the 30 day GDIP waiting period, any
remaining vacation will be deferred and the pilot will go on GDIP.
31.06 Sick Pay and Block Credits
While on Sick Leave a Blockholder shall be paid for the flights in his Block as if
they had been flown according to schedule and shall be credited with such flying
time for the purpose of flight time limitation.
While on Sick Leave, a PoR shall receive pay and Block Credits for either 1/19
(Mar, Apr, Oct, Nov, Dec) or 1/18 (Jan, Feb, May, Jun, Jul, Aug, Sep) of the DBM
for each scheduled on duty reserve day.
Pilots in training (A13.13.01 or A13.13.02.) will be paid 2h40 for each calendar day
of the Sick Leave.
31.07 No Sick Days Left
When a Pilot's sick leave entitlement has been fully used and Sickness occurs, the
pilot may arrange to take unused vacation credits.
A Pilot without sick leave or vacation credits will be covered by A8 (LOA).
31.08 Foreign Operations
Any Pilot on duty outside North America, the Caribbean, Continental Europe and
the United Kingdom who becomes sick due to causes which in the opinion of Air
Canada Occupational Health Services, are related to the living and health
conditions peculiar to the Foreign Country or countries shall be provided with or
compensated for the complete cost of medical care and hospitalization. The pilot
Article 31 – Sick Leave (Rev. 4 – 30 Sep 17) 162
will receive salary based on the DSC DN. Pilots covered under this provision shall
not forfeit sick leave credits.
31.09 Sick Days and GDIP
A Pilot who is a member of the Air Canada Group Disability Income Plan (GDIP)
(A16) will draw Sick Leave benefits up to a maximum of 30 days.
The GDIP waiting period of 30 days commences on the date of Sickness as
advised by the Pilot. This date may precede the date when sick leave charges
commence.
A Pilot may elect to use any Sick Leave benefits remaining to his credit at the rate
of ¼ day for each additional day of disability, based on the Pilot's presumed
earnings as per A16.02.02.01.
A Pilot who is not a member of the GDIP (A16) may draw Sick Leave benefits until
his regular sick bank is exhausted. He may not draw from the GDIP bank.
31.10 Physical Examination
Without his consent, a Pilot shall not be required to submit to any Company
physical examination in excess of periodic 6 month or 1 year examination required
under government regulation for licence endorsement, unless it is apparent that his
health or physical condition is impaired, in which case the Pilot will be furnished a
copy of the medical examination report. The physical standards required by the
Company to be maintained for continued employment as a Pilot shall be no more
restrictive than those required by the Ministry of Transport at the time of the
examination, including any waiver policy adopted by the Ministry.
Any Pilot who does not pass a Company physical examination may, at his option,
have a review of his case in the following manner:
He may employ a qualified medical examiner of his own choosing and at his
own expense for the purpose of conducting a physical examination for the same
purpose as the physical examination made by the Company's medical
examiner.
A copy of the findings of the medical examiner chosen by the employee shall be
furnished to the Company, and in the event that such findings verify the findings
of the Company's medical examiner, no further medical review of the case shall
be afforded.
In the event that the findings of the medical examiner chosen by the employee
shall disagree with the findings of the Company's medical examiner, the
Company will, at the written request of the employee, ask that the 2 medical
examiners agree upon and appoint a third qualified and disinterested medical
examiner, preferably a specialist, for the purpose of making a further physical
examination of the employee.
The said disinterested medical examiner shall make a further examination of the
pilot in question, and the case shall be settled on the basis of his findings.
The expense of employing the disinterested medical examiner shall be borne ½ by
the pilot and ½ by the Company. Copies of each medical examiner's report shall be
furnished to the Company and to the pilot.
It is specifically agreed that the findings of the medical examiners concerned herein
shall be unbiased, and no exchange of medical opinions or history shall be made
either in writing or verbally, until each medical examiner has examined the Pilot
concerned.
Article 31 – Sick Leave (Rev. 4 – 30 Sep 17) 163
ARTICLE 32 – PAY PROTECTION AND PAIRING INTEGRITY
32.01 General Provisions
PI is a component of Pay Protection PP.
Blockholders, including those on a Fixed Rate, are entitled to PP when flying time
is lost from their Block because of consolidation, cancellation, substitution,
misconnection or operational reasons.
Once the Blockholder accepts or declines PP, he will not have the option to change
that decision for subsequent PP (including PI) events occurring during the same
Block period.
The Company will notify the Blockholder of any loss of flying time as soon as
possible.
Upon notification of the loss of flying time it will be the Blockholder’s option to
accept or refuse PP except under the following circumstances where the
Blockholder is automatically pay protected:
When the Blockholder has previously accepted PP during the same Block
Period; or
When it is a PI event and the Blockholder has not previously declined PP during
the same Block Period.
MU and TT flying are eligible for PP. Draft and VO are not eligible for PP.
A PoR forced out on a pairing that causes him to lose his first blocked pairing(s) in
the subsequent Block Period will be offered PP for the lost credits. If the PoR
accepts PP he will be subject to the normal reassignment rules. Any flying,
including all applicable TTG, DPG and deadhead credits accrued during an overlap
will be used to offset the PP.
Following PBS block closing, a Blockholder who becomes illegal to operate the
outbound portion of an overlap pairing in the current Block Period because of block
growth will be subject to the Pay Protection provisions for the overlap portion in the
next Block Period. In the event that the reassigned flying is cancelled the
Blockholder will be subject to further reassignment.
Should the cumulative total of the Blockholder’s Block plus block growth exceed
any allowable limit he will only be protected for the pairings for which he is legal.
A Blockholder who was protected under a PI event and subsequently becomes
eligible for PP may decline PP and he will forfeit any previously protected credits as
described in A32.04.10
A delayed flight (including a flight that is renumbered) is not considered a PP or PI
event.
32.02 Refusal of Pay Protection
If a Blockholder declines PP or has previously declined PP, the Company will, at
the time of notification of the loss of flying (flying that would have been eligible for
PP), advise the Pilot whether he will be required to fly the balance of his interrupted
flight sequence.
A Blockholder who declines PP will be permitted to recover lost flying time under
the following provisions:
Use of MU as per A28; or
Pre-selection of open time to a maximum of the DBM.
32.03 Reassignment Provisions
General Provisions:
Article 32 – Pay Protection and Pairing integrity (Rev. 4 – 30 Sep 17) 164
Once a Blockholder accepts PP, the Company will determine and advise the
Blockholder whether he will be required:
32.03.01.01.01 To fly the balance of his interrupted flight sequence; and/or
32.03.01.01.02 To be assigned open time under the reassignment provisions.
Reassignment flying may not cause the Pilot’s Block projection to exceed the
greater of the DBM or the Pilot’s Block projection at the time of the loss of flying.
A Blockholder may be assigned open flying within a window of 0 to 4 hours
before the original scheduled departure and 0 to 6 hours after the original
scheduled arrival of the pairing as determined by Table A – Windows of
Reassignment below.
In cases where the last leg of a multi-day pairing is not affected but would
involve a double deadhead, the reassignment window will be 6 hours after the
scheduled arrival of the last leg of the original pairing. A double deadhead is a
situation where one pilot would be required to deadhead to pick up a flight and
another pilot is already in position to operate the flight.
A Blockholder under PP may only be reassigned in his current status except as
described in A28.02.06.02.04 and A28.02.06.03.04.
In accordance with the reassignment provisions, reassignment flying may
extend beyond the original calendar date.
A Blockholder who is not immediately re-assigned, or is only re-assigned for a
portion of the PI/PP period, is subject to further reassignment under PI and/or
Pre-assignment and/or Block Recovery at normal awards and/or Block
Recovery after normal awards.
Pairing Integrity:
Pairing Integrity occurs after the Blockholder has reported for duty for the pairing
and flying time is lost from that pairing.
In order to protect the operation when no other Pilot is immediately available, a
Blockholder may be reassigned outside of the PI window.
Block Recovery:
Block Recovery is for PP eligible flying not covered by Pairing Integrity. Under
Block Recovery a Blockholder may be reassigned by Pre-assignment,
Immediate Block Recovery, Block Recovery at normal awards and/or Block
Recovery after normal awards. At his option, a Blockholder may accept flying
that extends outside of the window of reassignment, provided the reassignment
flying is within the credit limits of A28 Step 1
Under Block Recovery at, and after, normal awards, flying cannot originate prior
to 0500 as per A28.02.01
Pre-assignment:
Pre-assignment on scheduled working days may occur at any time throughout
the Block Period up to the commencement of normal awards the day prior to the
lost flying.
A Blockholder may be offered open time Pre-assignment on days off. Refusal
will not disqualify the Pilot from PP.
A Blockholder who accepts Pre-assignment on days off will be released from
having to be available on scheduled working days, on a day for a day basis, and
by mutual agreement with CS.
Immediate Block Recovery:
32.03.03.07.01 Immediate Block Recovery occurs when flying time is lost on the day of
operation prior to reporting for duty for the pairing.
Block Recovery at Normal Awards:
Article 32 – Pay Protection and Pairing integrity (Rev. 4 – 30 Sep 17) 165
32.03.03.08.01 Normal awards for the purposes of PP reassignment includes flying that
comes into Open Time up to 1400 the day prior to awards.
32.03.03.08.02 The Blockholder’s name will be placed on the PP list for the days of lost
flying time.
32.03.03.08.03 Subject to reassignment legalities, if two (2) or more Blockholders are subject
to block recovery, the more senior Pilot will be entitled to the first selection.
Block Recovery after Normal Awards:
32.03.03.09.01 A Blockholder who has not been assigned flying at normal awards must
contact CS at 19:00 (day prior) for possible reassignment.
32.03.03.09.02 Should a Blockholder not be assigned flying at 19:00 the day prior, he must
contact CS at 09:00 the following day for possible reassignment to a
departure no earlier than 1300.
32.03.03.09.03 If the required calls cannot be made due to crew rest or any other legitimate
reason, the Blockholder must make alternative arrangements with CS.
TABLE A – REASSIGNMENT WINDOWS
LOST FLYING ENTIRE PAIRING FIRST LEG/NOT LAST LEG/NOT NOT FIRST LEG / NOT
LAST LEG FIRST LEG LAST LEG
SINGLE MULTI SINGLE MULTI SINGLE MULTI SINGLE MULTI
DAY DAY DAY DAY DAY DAY DAY DAY
PAIRING 0/0 0/0 0/0 0/0 0/0 0/0 0/0 0/0
INTEGRITY
PRE- -4/+6 -4/+6 -4/0 -4/0 0/+6 0/+6 0/0 0/0
ASSIGNMENT
IMMEDIATE 0/0 0/+6 0/0 0/0 0/0 0/+6 0/0 0/0
BLOCK
RECOVERY
10:00-14:00 -4/+6 -4/+6 -4/0 -4/0 0/+6 0/+6 0/0 0/0
AWARDS*
19:00 (DAY 0/0 0/+6 0/0 0/0 0/0 0/+6 0/0 0/0
PRIOR)
09:00 (DAY OF) 0/0 0/+6 0/0 0/0 0/0 0/+6 0/0 0/0
*This includes new open time, after the normal 10:00 close, that comes into open up to 14:00.
32.04 Pay and Credit Provisions
A Blockholder who accepts PP will be paid and receive Flight Time credit (including
any applicable overseas and nav-aid pay) for the greater of the actual flying
performed or for the flights in his Block as if flown according to schedule, provided
the Blockholder would have been legal to do the lost flying (except as provided for
in A32.01.08).
PP will be limited to the credit value of the greater of the Blockholder’s original
Block or his Block projection at the time of the loss of flying.
The cumulative value of any un-recovered PP credits, also referred to as the Pay
Protection Bucket, will be available when reassigning flying for subsequent PP
events.
Extra credits gained during a PP or PI reassignment may be used to recover lost
credits from a previous or subsequent event.
MU, VO, Draft, and additional flying picked up through TT will not be used to offset
un-recovered flying time losses.
For a PI event, any flying awarded or assigned to a Blockholder that is conducted
outside the reassignment window will be draft flying and will be paid in addition to
the pay protected pairing (including any applicable DPG or TTG), except in the
Article 32 – Pay Protection and Pairing integrity (Rev. 4 – 30 Sep 17) 166
event of operational disruption where the Blockholder is unable to return to home
Base within the PI reassignment window and he:
Deadheads back on the first available Air Canada flight(s). For the purposes of
deadheading in this article, Air Canada flights are defined as all mainline,
Rouge, and Air Canada CPA carriers. Flying Time accrued outside the
reassignment window will be offset by unrecovered PP credits and the draft
premium will not apply; or
If there is no deadhead available, operates the first legally available flight(s).
Flying Time accrued outside the reassignment window will be offset by
unrecovered PP credits and the draft premium will apply for all credits outside
the reassignment window.
For all other PP events, all accrued credits outside the reassignment window will
be in addition to the pay protected credits.
Block growth accrued on a leg(s) that is not part of a PP event will not be used to
offset un-recovered PP credits.
Block Growth accrued in a pairing that is part of a PP event will be offset by any
DPG and/or TTG associated with the pairing flown.
A Blockholder who has credits protected under PI and declines PP for a
subsequent PP event will forfeit any previously protected credits and will be paid
only for the actual credits in his Block.
A Blockholder whose credits are reduced below MBG as a direct result of a loss of
flying time and who declines Pay Protection will be paid and credited for the actual
credits in his Block.
Article 32 – Pay Protection and Pairing integrity (Rev. 4 – 30 Sep 17) 167
ARTICLE 33 – DISPLACEMENT AND REMOVAL
33.01 Exchange or Release from Block Flights
A Pilot will be expected to fly the pairings in his Block as awarded. Any request to
be removed from a flight or flights, or to exchange flights, must be approved by the
Chief Pilot.
33.02 Removal and Displacement
For the purpose of providing relief as a result of the Company's training, checking,
and competency flying requirements, a Pilot may be:
displaced from a flight or flights in his Block as per A33.03 and A33.04; or
removed from his entire Block and reassigned to reserve duty as per A33.06.
A Pilot who is being displaced for competency flying purposes may refuse the
displacement, except when the flying is required for MP competency flying and is
for the complete pairing, or for a partial displacement as per A33.03.02.
A Pilot will not be considered displaced or removed from his flight except when the
Pilot is legal and in position to operate that flight.
33.03 Complete/Partial Pairing Displacement
A Blockholder may be displaced or tentatively displaced from a complete pairing, or
a part of a pairing, in his Block.
Partial Displacement – Any displacement from flying that does not begin and end at
the Blockholder’s home Base, or any displacement from flying in the middle of a
duty period that does not begin and end at the Blockholder’s home Base, will be at
the sole discretion of the affected Pilot. If the Pilot accepts the displacement, Flying
Pay and Flight Time credits will not apply for any deadheads that are required for
him to position to or from the flights being operated.
A Pilot who deadheads on his own flight(s) as a result of a partial displacement
as above will receive Flying Pay and Flight Time credits for the greater of the
scheduled or actual time of the displaced flight, including any applicable DPG or
TTG.
A Blockholder who is displaced will be:
released from all duties associated with the displaced flying; and
paid and credited for such pairing/flight(s) as if they had been flown according to
schedule; and
permitted to go on Make-Up or VO as per A28.02.06 and A28.03.
A Blockholder who is tentatively displaced will:
remain available to operate the displaced pairing/flight(s) until 3h15 prior to the
originally scheduled departure of the first displaced flight; and
be paid and credited for such pairing/flight(s) as if it had been flown according to
schedule; and
be permitted, after the Pilot has been released from his obligation to remain
available for his flight (3h15 rule), to go on Make-Up or VO as per A28.02.06
and A28.03.
33.04 Reserve Displacement – see A29.13
33.05 Removal from Training
A Pilot who is planned for training for a complete or partial Block Period and who
returns to service due to a delay in, or removal from, training:
At Company request, will have a block rerun to determine his minimum pay. He
will stand reserve for the remainder of the Block Period or, by mutual
Article 33 – Displacement and Removal (Rev. 4 – 30 Sep 17) 168
agreement, pre-select from open time and may list himself at Step 2. If the pilot
is standing reserve, he will choose the placement of his days off as per a normal
reserve pattern.
At Pilot request, will be assigned and paid as a PoR or, by mutual agreement,
pre-select from open time and, or list himself at Step 2. If the pilot is standing
reserve, he will choose the placement of his days off as per a normal reserve
pattern.
33.06 Removal from a Block
A Pilot may be removed from his complete Block at Company request and
assigned to reserve duty. A Pilot who is assigned to reserve duty will stand reserve
only on the calendar days on which the Pilot would have been working according to
the original Block. Such reserve days will be designated as being from midnight to
midnight except that a Pilot who is removed from a pairing with a single duty period
which extends through the midnight hour will be assigned to only one reserve duty
period. The first calendar day affected will be the reserve duty day or, by mutual
agreement between the Pilot and Crew Scheduling, the second calendar day.
If a Pilot is called for duty during such a reserve duty period and is required to
operate a flight or flights that extend into what would normally have been days off,
reinstatement of the day(s) off will be made immediately on return to home Base. If
the day(s) off cannot be reinstated before the Block Period end, the Pilot will not be
required to operate the flight(s).
A Pilot who is removed from his Block will be paid the greater of:
the Block Credits for the Block from which the Pilot was removed as if they had
been flown according to schedule; or
the actual Block Credits as flown; or
the reserve MBG.
A Pilot, holding a Block who is assigned to reserve duty under this Article may
accept Make-Up provided the Pilot would have been legal for such flying if still
assigned to the original Block. Such makeup will not be permitted during periods of
reserve.
33.07 Fatigue Drop-No-Credit
On certain occasions it is reasonable for Pilots to experience instances of fatigue.
Fatigue must be responsibly addressed by all parties and requires Pilot
commitment to reasonable personal scheduling and management’s commitment to
provide relief from duty when required. Upon a Pilot’s request, the Pilot will be
relieved from duty via Drop-No-Credit when fatigue is an issue. In order to preserve
the integrity of operations, Pilots are obligated to notify CS in a timely manner that
relief is required.
33.08 Switching F/O and Augment Pilot Assignments
The Company may change the assignment of a First Officer on an augmented
pairing from First Officer to Augment Pilot or the reverse in order to conduct a
check ride or to maintain the recency of the Pilot originally assigned as Augment
Pilot provided both Pilots are notified at least 24 hours prior to departure of the
affected leg(s).
Article 33 – Displacement and Removal (Rev. 4 – 30 Sep 17) 169
ARTICLE 34 – LETTERS
34.01 Letters of Understanding
The following Letters of Understanding (L.O.U.'s) form part of the Collective
Agreement and have either been retained, deleted or relocated to the appropriate
article in the Collective Agreement.
L.O.U. 1 Covering Charges for Relief from Flight Duties for Pilots Deleted
on CALPA Business and Modification to Article 22 –
Seniority
L.O.U. 2 Charter/Cargo Flying Deleted
L.O.U. 3 Third crew member for Boeing 747, Lockheed 1011 and Deleted
Boeing 727 aircraft
L.O.U. 4 Relief Pilot – Bombay to London Deleted
L.O.U. 5 Duty and Off Duty Periods Deleted
L.O.U. 6 Group Insurance Deleted
L.O.U. 7 Flight Safety Program Usage of Aircraft Electronic Deleted
Recording and Reporting Devices
L.O.U. 8 Career Reorientation Plan Deleted
L.O.U. 9 Group Disability Income Plan Deleted
L.O.U. 10 Introduction B747-400 Aircraft Deleted
L.O.U. 11 Air Canada Pilot Pension Plan Deleted
L.O.U. 12 Two (2) Pilot Aircraft (Excluding DC9) -- Overseas Deleted
Operations Excluding North America and the Caribbean
L.O.U. 13 Deleted Deleted
L.O.U. 14 Association/Management Headquarters Committee Deleted
L.O.U. 15 Incident Report Distribution Deleted
L.O.U. 16 Preferential Bidding System Deleted
L.O.U. 17 Canadian Regional Air Carrier Alliance/Liaison/ Deleted
Connector Affiliates
L.O.U. 18 Move-Up / Transition Provision Canadian Regional – Deleted
Liaison / Alliance / Connector Carriers
Transition Agreement/LOU 18 Clarification
L.O.U. 19 Off-Shore Assignment B-747-400 Deleted
L.O.U. 20 System Pairing Evaluation Committee Deleted
L.O.U. 21 Pilot Crew Meal Guidelines Deleted
L.O.U. 22 Flight Crew Augmentation (Except DC9-DC8) Deleted
L.O.U. 23 Deleted Deleted
L.O.U. 24 Temporary Crew B-737 – Winnipeg Base Deleted
L.O.U. 25 Extension to Collective Agreement Deleted
L.O.U. 26 Hadj Charter Operation – 1993 Deleted
L.O.U. 27 Wet Lease Program – Polynesian Airlines 1993/1994 Deleted
L.O.U. 28 Pilot Employment Levels Deleted
L.O.U. 29 Pilot Productivity Improvement Protection Plan Deleted
L.O.U. 30 RJ-50 Aircraft Deleted
L.O.U. 31 The CL-65 Aircraft Deleted
L.O.U. 32 Code Sharing Deleted
L.O.U. 33 Joint Sub-Committee Activities Deleted
L.O.U. 34 Compassionate Transfer Deleted
L.O.U. 35 L-1011 Re-Introduction Deleted
L.O.U. 36 Trial Captain Upgrade Program Deleted
L.O.U. 37 Furlough Pilot Recall Process Deleted
L.O.U. 38 Introduction A-340 Aircraft Deleted
L.O.U. 39 Temporary Staffing Relief Deleted
L.O.U. 40 Training Alternative Committee Deleted
L.O.U. 41 Transition Agreement Deleted
L.O.U. 42 Crewing Relief Deleted
L.O.U. 43 Cogscreen Testing Deleted
Article 34 – Letters (Rev. 4 – 30 Sep 17) 170
L.O.U. 44 Pay and Vacation Adjustment/ Furloughed Pilots 1992- Deleted
95
L.O.U. 45 Preferential Bidding System Deleted
L.O.U. 46 Acting Check Pilots and Acting Flight Instructors Deleted
L.O.U. 47 Air Canada – Pilots Share Appreciation Plan Deleted
L.O.U. 48 Extra Hours to Address Growth Opportunities Deleted
L.O.U. 49 A320/340 Augment Pilots Deleted
L.O.U. 50 Procedure for Completing a Simulator Crew Deleted
Complement
L.O.U. 51 Low Cost Carrier ([LCC] – Basic Tenets for Work Rules Deleted
& Conditions)
L.O.U. 52 Work Sharing Deleted
L.O.U. 53 Special Leave of Absence Program Deleted
L.O.U. 54 Special Sport and Business Charter Program Deleted
L.O.U. 55 Voluntary Block Reduction Program Deleted
L.O.U. 56 Edmonton ZIP Base Deleted
L.O.U. 57 Pay Rates for Aircraft between 76 and 110 Seats Deleted
Inclusive
L.O.U. 58 ZIP J-class Deleted
L.O.U. 59 Special Leave of Absence Program Deleted
L.O.U. 60 Early Retirement Incentive Program Deleted
L.O.U. 61 Reinstatement Rights Deleted
L.O.U. 62 Addition of two A340-500 Aircraft (Fin #s 951 & 952) to Deleted
the Mainline Fleet
L.O.U. 63 Position Group (PG) Remains
L.O.U. 64 Embraer 170/175/190 & CRJ 705 Agreement Deleted
L.O.U. 65 Acquisition of Boeing 777 and 787 aircraft Remains
L.O.U. 66 Position Group Exclusions, Bidding Freezes and A320 Deleted
First Officer Vacancies
L.O.U. 67 Cargo Wet Lease Deleted
L.O.U. 68 Special Leave of Absence Program – 2008 Modified
L.O.U. 69 Early Retirement Incentive Program Deleted
L.O.U. 70 Voluntary Block Reduction Program (VBR) Deleted
L.O.U. 71 Re: B777 Flight Relief Seat Deleted
L.O.U. 72 Flight Data Analysis (FDA) Program Modified
L.O.U. 73 10-Hour Duty Day Restriction Modified
L.O.U. 74 Air Canada rouge (ACrouge) Revised
L.O.U. 75 Elimination of Mandatory Retirement Deleted
L.O.U. 76 Implementation of Course Rights Modified
L.O.U. 77 Pension Modified
L.O.U. 78 Joint Implementation Committee Modified
L.O.U. 79 B-737 Pay Rates Modified
L.O.U. 80 Scheduling – Unintended Outcomes Remains
L.O.U. 81 Scheduling – Netline Adjustments Modified
L.O.U. 82 Implementation of Course Rights for Inactive Pilots Modified
L.O.U. 83 900 Hour Guarantee Remains
L.O.U. 84 ACrouge Course Right New
L.O.U. 85 Flex DBM to 88 New
34.02 Letters Of Commitment
The following Letters of Commitment (L.O.C.'s) form part of this Collective Agreement
and have either been retained, deleted or relocated to the appropriate article in the
Collective Agreement.
L.O.C. 1 Flight pay loss for ACPA negotiators Deleted
L.O.C. 2 Deadheading pass priority Deleted
L.O.C. 3 Flight pay loss for ACPA President Deleted
Article 34 – Letters (Rev. 4 – 30 Sep 17) 171
L.O.C. 4 Introduction of new freighter aircraft Deleted
L.O.C. 5 Rehabilitation allowance/Pension/Pass Priority Deleted
L.O.C. 6 Air Canada settlement involving Mr. W.P. Kelly Deleted
L.O.C. 7 Crew complement in the simulator Deleted
L.O.C. 8 Involuntary assignment Deleted
L.O.C. 9 Changes to scheduled pairings Deleted
L.O.C. 10 Deadheading on other than designated flights Deleted
L.O.C. 11 Article 2.18 map Deleted
L.O.C. 12 Introduction of the B-767 Deleted
L.O.C. 13 War zone insurance coverage Deleted
L.O.C. 14 Pass priority when deadheading for training Deleted
L.O.C. 15 Pass travel – Article 25 Deleted
L.O.C. 16 F/J seating – economy flights Deleted
L.O.C. 17 Scope clause – reopener Deleted
L.O.C. 18 Centralized crew scheduling Deleted
L.O.C. 19 Deadheading on other airlines Deleted
L.O.C. 20 Non-smoking seat selection Deleted
L.O.C. 21 On-board library Deleted
L.O.C. 22 Meal guidelines Deleted
L.O.C. 23 Aircraft headsets Deleted
L.O.C. 24 Alliance carriers Deleted
L.O.C. 25 LOU No.17 Deleted
L.O.C. 26 Pilot training Deleted
L.O.C. 27 A-320 training Deleted
L.O.C. 28 Flight Data Reporting Systems Deleted
L.O.C. 29 L.O.U. No. 19 Deleted
L.O.C. 30 Loft Training Deleted
L.O.C. 31 Simulator, Training/Checking Deleted
L.O.C. 32 A-340 Rest Facilities Deleted
L.O.C. 33 Furloughed Pilot Pension Buyback Deleted
L.O.C. 34 Printing and Distribution of the Collective Agreement Deleted
L.O.C. 35 Bank Time – Flat Salary Pilots Deleted
L.O.C. 36 Collective Bargaining – Connector Airlines Deleted
L.O.C. 37 Bank Time – Cash Clear Option Deleted
L.O.C. 38 Relief Pilot Crewing Deleted
L.O.C. 39 Training Failure Handling Deleted
L.O.C. 40 Top-Up Benefits on Grounded Retirement Deleted
L.O.C. 41 Augmentation – A340 Aircraft – Designated 1 “J” Class Deleted
Seat
L.O.C. 42 Top-Up Payment of Insured Medical Services Deleted
L.O.C. 43 Long-Term Employee Stock Ownership Committee Deleted
L.O.C. 44 Contracted Simulator Trainers Deleted
L.O.C. 45 Application of Company Benefit Plans to Pilots Residing Deleted
Outside of Canada
L.O.C. 46 Pay Rates for Aircraft of 75 Seats or less Deleted
L.O.C. 47 CL-65 Job Guarantee Deleted
L.O.C. 48 Pension Indexation Deleted
L.O.C. 49 Munroe Award Deleted
L.O.C. 50 Allocation of Aircraft between 76 and 110 Seats Deleted
L.O.C. 51 Planned Deadheads Deleted
L.O.C. 52 Flexible Benefits Discussion Deleted
L.O.C. 53 GDIP Administration and Case Management Deleted
L.O.C. 54 A/B Reserve Deleted
L.O.C. 55 Sick Leave Deleted
L.O.C. 56 Flight Switch Rules Deleted
L.O.C. 57 Automated Awards Remains
L.O.C. 58 ACPA Displacement Procedures Deleted
L.O.C. 59 Crew Scheduling Systems Deleted
Article 34 – Letters (Rev. 4 – 30 Sep 17) 172
L.O.C. 60 Pilot Pay Revised
L.O.C. 61 Expedited Grievance and Arbitration Process Modified
L.O.C. 62 ACrouge Trip Trade System Deleted
L.O.C. 63 SPB System Improvements Remains
L.O.C. 64 Family in the Flight Deck Remains
L.O.C. 65 Unintended Consequences – Scheduling Rule Changes New
L.O.C. 66 50th Percentile New
L.O.C. 67 ACrouge AO Calculation New
L.O.C. 68 ACrouge Vacation New
L.O.C. 69 ACPA MEPP MOA #2 (Pension Payback) New
L.O.C. 70 Hourly Expenses System New
L.O.C. 71 ACrouge Open Time IT Solution New
34.03 Appendices
The following appendices shall form part of the Collective Agreement
Appendix A Re: Article 30.12.02 List of Expedited Arbitrators Deleted
Appendix B Profit Sharing and Incentive Plan Remains
Appendix C ACPA, Jazz Air Inc., ALPA and Air Canada Settlement Deleted
Agreement including:
Arbitrator Martin Teplitsky Consent Award dated July
12, 2004 incorporating the Settlement Agreement into
the Collective Agreement
Appendix D Memorandum of Agreement June 4, 2004 including: Deleted
Early Retirement Incentive Program
Labour Cost Term Sheet
Clean Slate Agreement
ACPA Indemnity
Appendix E Arbitrator Teplitsky Consent Award dated September Deleted
17, 2004 – Re: Aeroplan Grievance
Appendix F Pension Funding and Collective Agreement Renewal Modified
Appendix G Pension MOA #1 CWIPP New
Article 34 – Letters (Rev. 4 – 30 Sep 17) 173
LETTER OF UNDERSTANDING NO. 63
between
Air Canada
and
Air Canada Pilots Association
Position Group (PG)
This Letter of Understanding outlines pay parameters as they relate to Relief Pilot positions
within the Position Group.
L63.01 The Position Group includes the following:
L63.01.01 B-767 Relief Pilot
L63.01.02 B-787 Relief Pilot
L63.01.03 A-340 Relief Pilot
L63.01.04 B-777 Relief Pilot
L63.01.05 B-747 Relief Pilot
L63.02 Unless otherwise indicated, the provisions of this LOU will only apply to those pilots
who were junior to the pilot holding seniority number 2975 on the January 1, 2006
seniority list.
L63.03 Position Group Pay
L63.03.01 Pilots in the Position Group will be part of a wage pool. The wage pool will be
used to develop a common day and night Position Group pay rate across a
seniority range of 12 years. 92% of Overseas pay on the 767, 787, 777 and
A340 RP positions will be rolled into the wage pool to determine the Position
Group pay rates.
L63.03.02 For the first six months of this LOU, the Position Group pay rate will be pro-
rated based on the number of QPOS pilots in each Position Group position and
will be recalculated bi-monthly. Either the Company or the Association may
require that the method of calculation be changed during this trial period.
Note: The method of calculation of the payroll for pilots in the Position Group shall be
such that the total payroll for all pilots within the Position Group will be cost
neutral and no less than what the payroll of all positions within the Position
Group would have been without the implementation of the Position Group.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
____________th day of _______________.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 174
LETTER OF UNDERSTANDING NO. 65
IN THE MATTER OF AN ARBITRATION
between
Air Canada
and
Air Canada Pilots Association (ACPA)
B777 and B787 Aircraft
Martin Teplitsky, Q.C.
Arbitrator
(Excerpt):
It is my award, that subject to my retaining jurisdiction to adjust the timetable on Ultra Long
Haul Flying, the terms of the tentative agreement are my award on the matters in issue
before me.
I will remain seized pending implementation of this award.
DATED the 31st day of October, 2005.
Martin Teplitsky, Q.C.
Arbitrator
Article 34 – Letters (Rev. 4 – 30 Sep 17) 175
LETTER OF UNDERSTANDING NO. 68
between
Air Canada
and
Air Canada Pilots Association
Special Leave of Absence Program – 2008
Notwithstanding the provisions of A20 – Leave of Absence of the Collective Agreement, the
Company and the Association agree to a Special Leave of Absence (SLOA) Program the
provisions of which are incorporated into this Letter of Understanding.
L68.01 Effective November 1, 2008, at the discretion of the Company, pilots may be granted
SLOA’s regardless of their years of service. The duration of the SLOA’s may not go
beyond October 31, 2013 unless otherwise agreed to by the Company and the
Association and shall be granted in full calendar months. The provisions of A32 –
Furlough and Severance will continue to apply to pilots on SLOA’s and supersedes
the terms of this LOU.
L68.02 The SLOA application window closes on September 30, 2008. Late applications may
be considered on a case-by-case basis. Pilots may apply in writing by submitting the
SLOA Application Form to their Manager of Line Operations with a copy to the
Association. Pilots who apply for a SLOA and are denied shall be advised in writing
with a copy to the Association.
L68.03 Pilots on leave will not be forced to return to active duty prior to the conclusion of
their approved SLOA. A pilot who wishes to terminate his SLOA early and return to
active status shall be returned within 90 days of notifying the Company in writing that
the pilot wishes to terminate the SLOA. If a CMSC Review closes during the ninety
(90) day period, and the pilot has not returned to active status, the pilot will have the
opportunity to change his declared position by using the SPB system and he shall be
awarded a position by the CMSC in accordance with the applicable provisions of this
LOU. Applicable training will be scheduled as soon as practicable.
L68.04 A pilot returning from a SLOA shall be returned in accordance with the provisions of
A25.15.03.02 and A25.15.03.03 except as provided for in L68.05, L68.06 and
L68.07. No pilot will be forced off a base as a direct result of a pilot returning from a
SLOA who elects to assume a position awarded to a more junior pilot.
L68.05 A pilot’s awarded position (APOS), as of the date his leave commences, shall be
considered his declared position.
A pilot on a SLOA will have the opportunity to change his declared position prior to
any CMSC Review Bid closing date by using the SPB system. At the close of the Bid
Review, the CMSC will determine if a pilot’s declared position has changed. The
Company will publish a list of each pilot’s declared position within 30 days after the
publication of the Pilot Position Assignment List. The list shall be posted on the Flight
Operations web site (myacops) and Aeronet.
A pilot on an SLOA who does not have the seniority to hold his declared position will
acquire and maintain a reinstatement right (RIR) in accordance with A25.08 to that
position if an ‘active pilot,’ who is junior to him, receives an RIR to the same position
on the same CMSC Review.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 176
L68.06 The pilot’s declared position shall be considered by the CMSC to determine which
position the pilot is entitled to in accordance with A25.15.03.03. When determining
which position a pilot is entitled to upon his return from SLOA under A25.15.03.03,
the CMSC may also consider assigning a reinstatement right in accordance with
A25.08 to a position his seniority would have entitled him to.
L68.07 In the event a pilot, returning from a SLOA, is entitled to and is awarded a position on
any new equipment (as per A13 including, the B-787) and his scheduled return date
is prior to the commencement of his normal training date as determined by the
CMSC, the pilot shall become active upon his return and shall be paid his daily
average flying pay for the three block months including overseas and Nav pay
immediately prior to his SLOA plus any negotiated increases. The Company may
offer to train the pilot to another position which will be determined by the CMSC. If the
pilot accepts, he shall be trained to the position but he shall be paid the rate of the
position immediately below his declared position, in accordance with A25.01.02, and
will remain in this position until he is trained, which shall be determined by the CMSC,
to his declared position. If the pilot elects not to be trained to another position, the
pilot’s SLOA shall be extended under the provisions of this LOU until the
commencement of his training date to his declared position as determined by the
CMSC.
L68.08 Notwithstanding the provisions of A22 – Seniority, a pilot shall continue to accrue
seniority during the SLOA.
L68.09 A pilot shall continue to accrue Company service during a SLOA except for the
purpose of pay progression, pension and vacation entitlement. Vacation credits will
not accrue during the period of the pilot’s Leave of Absence. In accordance with the
provisions of A18.02, entitlement for vacation periods with pay for the calendar year
following the Special Leave of Absence shall be prorated as a result of such leave.
Any outstanding vacation not taken before the end of the vacation year (April) will be
paid at the end of the vacation year.
L68.10 Coverage under the Group Employee Benefit Programs excluding GDIP, for which
the company pays the full cost of the premiums, shall continue during the period of
the leave with the Company paying the full cost of the premiums. Coverage under the
Group Employee Benefit Programs for which the pilot pays all or part of the cost of
the premiums will be continued at the pilot’s option. Participation in another employer
benefit program must be coordinated with Air Canada’s benefit provisions, with the
new employer’s benefit provisions taking precedence. Pilots will be advised as to the
cost and procedure to follow should they elect to continue such coverage.
L68.11 Pilots who become eligible for GDIP benefits following their return to active service
from SLOA and who have not completed 3 full block months of active service
following their return from SLOA, will have GDIP benefits calculated as if the pilot had
not been on SLOA.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 177
L68.12 A pilot who takes a SLOA may elect to buy back service in respect of such period of
leave up to an aggregate maximum period of five (5) years. Such period of buyback
service will be subject to approval of the Canada Revenue Agency (CRA) and other
government pension authorities. It is further agreed that such buyback of service
shall be permitted, provided it does not result in a cost to the Company based on the
Age Based Table in force at the time of the pilot’s application to buy back pension
service plus any applicable interest associated with any repayment option. The
Company and ACPA recognize that there are provisions within each pension plan
and that such provisions may limit or preclude a full or partial buyback.
Pilots intending to buy back service must indicate their intent to do so within sixty (60)
days after their return to payroll from their SLOA. However, the pilot will have the
right to change his decision to elect to buy back service at any time prior to making
any initial payment. If a pilot changes his decision he will be required to pay any
administration fee.
Pilots entitled to buyback pension service pursuant to the provisions of LOU 53 and
LOU 59, including any extensions of those leaves under A20, and pilots who were
furloughed in 2003 and 2004, including those pilots who were granted LOAs and any
extensions of those LOAs under A20 when they were recalled, shall be entitled to
buy back pension service at a cost of “two times contributions” based on the pilot’s
salary at the time of the leave. Such period of buyback service will be subject to
approval of CRA and other government pension authorities.
L68.13 Pilots on SLOA will be eligible for travel privileges in accordance with Company
policy in effect as of July 29, 2008. This will include pass travel on Air Canada and Air
Canada Jazz and Tier 3 carriers so long as commercial agreements exist between
Air Canada and these airlines that include a provision permitting pass travel
privileges.
L68.14 A pilot who commences this SLOA will have his sick bank decremented by one (1)
day for each remaining month in the calendar year. A pilot on a Leave of Absence will
not be credited with twelve (12) sick days at the beginning of the calendar year. A
pilot returning from a Leave of Absence will have one (1) day deposited in his sick
bank for each full month remaining in the calendar year.
L68.15 A pilot requesting a SLOA who is within ninety (90) days of completing his
probationary period may request that his probation requirements be completed prior
to the commencement of his planned SLOA. Requests must be submitted to his
Manager of Line Operations in writing. Subject to scheduling and needs of the
service, the Company will make its best effort to facilitate completion of all
outstanding probationary requirements. Pilots with more than ninety (90) days
remaining in their probation period will have their probation frozen upon
commencement of a SLOA and will complete the outstanding portion of their
probation upon re-qualification following their return to active status.
L68.16 A pilot on SLOA may be eligible to apply for any early retirement packages and
voluntary severance packages subject to any eligibility terms and conditions of the
package that may be offered by the Company or agreed to by the Company and the
Association during the leave of absence program.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 178
L68.17 Upon return from a SLOA a pilot’s training pay shall be based on his daily average
flying pay (plus any negotiated wage increase applicable during his SLOA) during the
previous three (3) block months or reserve MMG, whichever was greater, prior to the
commencement of the lave.
L68.18 Pilots on SLOA shall not have dues deducted during the leave. Deduction of union
dues will resume when the pilot returns to active status following the leave.
L68.19 If a pairing overlaps into the month of the commencement of the SLOA, the pilot shall
be displaced from any flights in that pairing that precedes the calendar month that his
SLOA commences and drop no credit for the remaining flights in that pairing.
L68.20 The provisions of this LOU shall apply to any pilot currently on leave of absence
pursuant to A20 and who applies to have his leave extended. The provisions will
apply from the time his leave is extended.
L68.21 It is understood that the above noted provisions are exceptions to the provisions of
the Collective Agreement and are only amended to give effect to the terms contained
therein. All other provisions of the Collective Agreement will apply for all other
conditions.
It is agreed and understood that this LOU is for a specific and unique situation and, as such,
will not in any way prejudice the Association or the Company’s right(s) or position(s) in any
other situation. Further, the Company and the Association agree this LOU will not be cited or
used as a precedent to cover other situations.
IN WITNESS WHEROF, the parties hereto have signed this Letter of Understanding this
______ day of August, 2008.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 179
LETTER OF UNDERSTANDING NO. 72
between
Air Canada
and
Air Canada Pilots Association (ACPA)
Re: Flight Data Analysis (FDA) Program
WHEREAS the provisions of A6.04 of the Collective Agreement requires the parties to design
and implement a Flight Operations Quality Assurance (FOQA) Program, and
WHEREAS the parties desire to implement a Flight Data Analysis (FDA) program as part of a
FOQA Program.
NOW THEREFORE the parties agree as follows:
L72.01 Preamble
L72.01.01 Pursuant to the provisions of A6.03 and A6.04 the Company and ACPA agree
to cooperate in the use of Onboard Flight Data Recording Devices employed
by the Company to capture flight data for the purpose of analyzing flight data to
promote and enhance air safety.
L72.01.02 Both parties acknowledge that, due to technological advances in systems and
processes associated with a FDA Program, as well as the introduction of an
iSMS Program, there exists the need to formalize flight data analysis protocols,
procedures and understandings.
L72.01.03 The primary purpose of the FDA Program is to enhance flight safety and
training procedures. Secondary purposes may include measures to review and
improve operational efficiencies (cost savings and cost avoidance) and to
monitor aircraft and environmental factors.
L72.01.04 The Company and ACPA acknowledge the sensitive nature of data used in the
context of the FDA Program and have agreed to enter into this Letter of
Understanding (LOU) to record the procedures to be adopted for the
implementation of the FDA Program and the limitations upon, and conditions of
use of, FDA data.
L72.01.05 This LOU provides guidance on the FDA Program; outlines definitions; and,
identifies data capture, use and reporting structures.
L72.01.06 This LOU and its attachment have been entered into by mutual agreement
between the parties pursuant to A6.04.01 and A6.04.02. Either party may
terminate this agreement by serving written notice on the other party that the
LOU will terminate ninety (90) days from the date of the notice. This LOU and
its attachment will cease at that time and the FDA Program will operate under
the provisions of A6 of the Collective Agreement
L72.01.07 The FDA Program is an internal joint Flight Safety initiative designed to
improve and enhance the safety of Air Canada operations. Transport Canada
has not provided specific guidance or regulatory direction regarding FDA
Programs and, therefore, shall not have any access to the Air Canada/ACPA
FDA Program unless agreed to by the parties.
L72.01.08 The purpose of this LOU is to give effect to the provisions set out in A6. The
provisions of A6 shall take precedence in the event of any dispute arising from
this LOU.
L72.02 Definitions
Article 34 – Letters (Rev. 4 – 30 Sep 17) 180
In this Letter of Understanding, unless the contrary intention is expressed or the context
suggests otherwise:
L72.02.01 Confidential information means all information derived under the FDA Program
and includes all information:
(a) disclosed (whether orally, in writing or in any other form) by the parties to
each other; or
(b) learned from each other by the parties in the performance of this LOU
and which the parties ought reasonably know is treated by each other as
confidential; or
(c) generated by the parties based on or arising out of any such disclosure
or learning.
L72.02.02 FDA ACPA Fleet Representatives means the person(s), specifically Non-
Management ACPA Line Pilot(s) or retired pilots, who are qualified and
experienced on the respective FDA Fleet, nominated for the purposes of this
LOU by ACPA's Technical Safety Department (TSD) and respective FDA
Committees.
L72.02.03 FDA Team means the ACPA Gatekeepers, the FDA Specialist and the
Manager FDA, as well as additional staff as may be hired or added to the team,
that form the core of the program and are employed in the day-to-day operation
of FDA.
L72.02.04 Flight crew means pilots employed by the Company.
L72.02.05 Raw data means the binary data, including encrypted binary data for Quick
Access Recorders (QARs), stored on an original recording media which
includes, but is not limited to, QARs, Digital Flight Data Recorders (DFDR) and
on-board servers. These media include any mechanisms that may be
employed in the future to capture and transmit flight data from the aircraft to
ground based stations via wireless or other means of transmission.
L72.02.06 FDA (aggregate) data means data derived from raw data which is used in the
context of the FDA Program and includes any or all of the following:
(a) Flight data – this is de-identified data derived by ground station analysis
of the raw data that is used in the context of the FDA Program and
includes, but is not limited to transcriptions, listings, graphical plots,
computer files and animations;
(b) Identification data – this is any information used either collectively or
individually to assist in the disclosure of the identity of a particular flight.
This information may include, but is not limited to, aircraft registration,
flight number, date, time; and
(c) Identified data – this is information containing details of both Flight data
and the associated Identification data.
(d) FDA Events means the events derived from parameters, as agreed
between the parties from time to time, for the purpose of the FDA
Program
(e) FDA Limits means the range of acceptable operational boundaries, as
agreed between the parties from time to time, applying to FDA events.
(f) FDA Occurrence means an exceedence of FDA limits. These FDA limits
are further divided into three levels; Info, Detect and Alert.
L72.02.07 Gatekeeper means the person or persons whom the ACPA Master Executive
Council (MEC) selects that will have sole access to, and be able to retrieve,
identifying data. The Gatekeeper is an active and integral member of the FDA
Team, is responsible for the completion of pilot analysis of FDA data and
performs a critical role in managing and coordinating any FDA investigation.
Requirements
Article 34 – Letters (Rev. 4 – 30 Sep 17) 181
L72.03 ACPA and the Company will cooperate in the implementation and execution of the
FDA Program, as required under the provisions of A6 of the Collective Agreement
and the terms and conditions in this LOU.
L72.04 FDA data shall not be used outside the FDA program except by agreement of both
parties.
L72.05 The parties specifically acknowledge and agree that FDA data is confidential
information and must at all times be managed using processes as agreed between
the parties that do not allow for the identification of flight crew.
L72.06 The provisions of A6 regarding the use of FDA data shall apply.
L72.07 Releasing FDA data for specific purposes:
L72.07.01 Where FDA occurrences have been detected:
(a) De-identified flight data in the form of reports may be released for review
within the Company;
(b) Identification data may be released to the appropriate FDA ACPA Fleet
Representatives by the ACPA Gatekeeper but only as part of an FDA
investigation.
L72.07.02 Where no FDA occurrences have been detected, ACPA may permit de-
identified FDA data to be released for the purpose of enhancing air safety,
technical knowledge, safety awareness and flight training.
L72.07.03 Notwithstanding any other provisions in this LOU, de-identified FDA data may
only be released to third parties if both parties agree to such release. Such
agreement will be coordinated at the ACPA Gatekeeper/Manager FDA level;
L72.07.04 Where FDA data indicates that an aircraft has been operated outside the
manufacturer’s performance limitations, de-identified data may be released by
the FDA Department to Air Canada Maintenance for maintenance purposes in
the interests of flight safety; and
L72.07.05 De-identified aggregated data may be used by the Company to support unique
studies, such as airframe fatigue studies by competent authorities; may be sold
to support industry requirements, such as brake wear data; or, may be used to
leverage Air Canada positions in contracts and arrangements, such as
providing aircraft performance data for new fleets or specific engine types. In
all cases, the Company will require the agreement of ACPA before the de-
identified aggregated data is used and the provisions and protections detailed
in A6 of the Collective Agreement and this LOU will continue to apply to the
use of this data.
L72.08 Except for initial data subject to Gatekeeper review for a period of up to 21 days, or
other data so directed to be protected by the Gatekeeper, all FDA data must be de-
identified.
Following completion of ground station analysis, de-identified FDA data may be
retained for not more than 13 months unless there is an FDA occurrence which
becomes the subject of investigation or inquiry in which case the FDA data may be
retained for the period required for the purpose of assisting the investigation or
inquiry. Notwithstanding the foregoing and subject to agreement by ACPA, specified
de-identified FDA data may be retained for the purpose of enhancing flight safety.
L72.09 Policies and investigative processes under the FDA Program will be the policies and
investigative processes agreed between the parties from time to time.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 182
L72.10 An FDA Review Panel will be convened at a time and under circumstances
determined by the Director Flight Safety and agreed to by the ACPA Gatekeeper.
Failing agreement between the Director Flight Safety and the ACPA Gatekeeper, a
meeting of the FDA Review Panel shall be convened as soon as practical.
L72.11 Release of the name of any crew member under the FDA Program is considered a
serious FDA matter. The release of any information that identifies a crew member to
any person or Agency beyond those permitted under this LOU or the FDA Agreement
would be a breach of the FDA Policy and will be addressed in a manner
commensurate with the seriousness of the disclosure.
Notwithstanding the above, the identity of a flight crew member may be disclosed by
the ACPA FDA Gatekeeper to the ACPA Pilot to Pilot (P2P) Consultant or the ACPA
P2P Chair or Vice Chair under the terms of the P2P Program. Such action must only
be taken when the investigative process, as defined in the FDA Program, determines
that some specific follow-up action should take place, such as a flight crew member
is identified to receive remedial training but is unwilling or unable to cooperate.
Any information obtained on a crew member during the FDA Program shall remain
confidential and shall not be used in any disciplinary, arbitration or any other hearing
where the performance of the crew member is being reviewed.
L72.12 Where individual flight crew members are involved in multiple investigations under
the FDA Program, they will be subject to the FDA Multiple Investigations Policy as
agreed between the parties from time to time.
L72.13 With respect to FDA reporting, the parties agree that:
L72.13.01 FDA statistical information will be reported to all pilots as well as Flight
Operations, Corporate Safety Management and ACPA Technical Safety
Division (TSD) on a regular basis; and
L72.13.02 Where the FDA Program indicates an undesirable trend affecting flight safety,
de-identified flight data may be used to raise flight crews’ awareness of the
relevant issues. Tools such as charts, depictions, briefings and FDA
animations may be employed for this purpose. Additional options will be
explored to disseminate FDA information including the use of a secure area on
the ACPA FDA Website.
L72.14 The location and security of FDA data and associated processing equipment will be
as approved by ACPA. FDA is subject to no-notice security checks as deemed to be
required by ACPA for the purpose of verification and audit. Such checks, beyond
those already mandated in the Managed Services Contract for FDA with Teledyne,
will be conducted at ACPA’s expense.
L72.15 If FDA data is required to be transmitted electronically to persons agreed between
the parties, Identification data will never be provided with this information.
L72.16 Approval of Company and ACPA FDA personnel
L72.16.01 The appointment of any person specifically employed by the Company to
handle FDA processes must meet with ACPA's approval; such approval will not
be unreasonably withheld; and
L72.16.02 The appointment of any Pilot to the position of Gatekeeper must meet with the
Company’s approval; such approval will not be unreasonably withheld.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 183
L72.17 With respect to raw data, both parties acknowledge the limitations imposed by the
International Civil Aviation Organization (“ICAO”) following an aircraft accident, in
Annex 13 to the Convention on International Civil Aviation in the ICAO document
titled “International Standards and Recommended Practices – Aircraft Accident
Investigation”, or any limitations imposed under applicable international law.
L72.18 In connection with their responsibilities under the FDA Program, FDA Fleet
Representatives and Gatekeepers will be scheduled and paid in as accordance with
Annex ‘A’ to this LOU.
L72.19 Failure of the Company or ACPA to provide the agreed upon resources to adequately
support the FDA Program, as contemplated in the FDA Operations Manual, will,
subject to any agreement between the parties otherwise, terminate the FDA Program
at Air Canada.
L72.20 Indemnification of FDA Members
The Company agrees to extend the hold harmless and indemnification provisions of A34.07
of the Collective Agreement so as to include in the definition of a “pilot's performance of his
duties”, as referred therein, the pilot’s performance of his/her duties as an ACPA FDA
Gatekeeper, ACPA FDA Fleet Representative or any other ACPA FDA Pilot Representative.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding
this 29th day of July, 2005.
FOR: AIR CANADA FOR AIR CANADA PILOTS ASSOCIATION
(original signed by Capt. M. Downey) (original signed by Capt. J. Scott)
Article 34 – Letters (Rev. 4 – 30 Sep 17) 184
ANNEX ‘A’ to LOU 72
Re: Provision for ACPA FDA Pilot (Gatekeeper and Fleet Representative Compensation
and Support)
L72-A.01 Guiding Principle.
It is recognized that the FDA Program cannot properly function without ACPA FDA Pilots
(e.g. Gatekeepers and Fleet Representatives). The goal of this agreement is to provide
stable, long-term ACPA FDA Pilot support.
L72-A.02 Defining FDA Gatekeeper Work
L72-A.02.01 Association Gatekeeper work, structure and responsibilities are defined in the
main body of the LOU and the FDA Agreement;
L72-A.02.02 The pay and working conditions set out in A21 of the Collective Agreement for
ACPs and AFIs will apply to ACPA Gatekeepers.
L72-A.02.03 There will be ongoing requirements to attend industry-sponsored conferences
and Vendor training sessions necessary for skill and knowledge development
and maintenance. Attendance will be approved and supported by the Director
of Flight Safety.
L72-A.03 Traveling arrangements plus expenses
L72-A.03.01 Company FDA Business will be on a PY1/J05 basis;
L72-A.03.02 Routine expenses, such as meals, accommodations and travel in support of
the FDA Program will be paid by the Company; and
L72-A.03.03 Single-event expenses, such as training courses, conferences or special
meetings, will be paid by the Company, in coordination with, and approved by,
the Director of Flight Safety.
L72-A.04 Administrative issues
L72-A.04.01 Should an ACPA FDA Gatekeeper agree to work during vacation, his vacation
will be rescheduled to a time mutually agreed between the Gatekeeper and the
Company. Unused vacation days shall not be carried forward to subsequent
years;
L72-A.04.02 The Manager FDA will, with the assistance of the Gatekeepers, track FDA
ACPA Gatekeeper workdays and maintain this record for review should it be
required;
L72-A.04.03 The Manager FDA and Gatekeepers understand that the flying requirements,
as reasonably planned by the Company, must have priority when pilot
resources are critical. In a No Pilot Available (NOPA) situation, ACPA
Gatekeepers may be released from FDA duties to meet crewing requirements;
L72-A.04.04 Flying will be arranged with Crew Scheduling in the following order; NOPA,
supervisory flying, open time flying, displacement flying for competency.
L72-A.05 Gatekeeper Support
L72-A.05.01 The FDA Program will provide the Gatekeepers with required IT and computer
resources to support FDA duties. Support for these items will be provided
through the FDA office in Toronto; and
L72-A.05.02 Gatekeepers will procure office supplies and expendables, such as printer
cartridges and paper, and use the expense claim process for re-imbursement.
L72-A.06 Gatekeeper Work Location
L72-A.06.01 The IT structure of the FDA Program is designed to permit offsite work and
support for the program. Given this flexibility and capability, and in recognition
of the need to minimize costs and expenses where practical, the work location
Article 34 – Letters (Rev. 4 – 30 Sep 17) 185
for Gatekeeper staff will be dictated by the needs of the Program. The
Gatekeeper and Manager FDA will coordinate Gatekeeper schedules and work
together to ensure the needs of the program are met. The use of voice-over-
internet protocols, high speed internet, remote server applications and FTP
sites will limit the requirement for the presence of the Gatekeepers onsite in
Toronto; and
L72-A.06.02 Gatekeepers may have to travel to coordinate with FDA event pilots or
complete FDA investigations. This will be a routine matter of coordination
between the Gatekeepers and the Manager FDA.
L72-A.07 FDA Fleet Representatives
L72-A.07.01 ACPA FDA Fleet Representatives’ work, structure and responsibilities are
defined in the main body of the LOU and the FDA Agreement;
L72-A.07.02 ACPA Fleet Representatives will be displaced from flying when required to
perform FDA Fleet Representative’s duties. For each day they perform these
duties while on displacement, pilots shall receive the greater of:
(a) pay and flight time credit they would have received for their flying; or
(b) four hours fifteen minutes (4:15) pay and flight time credit;
L72-A.07.03 ACPA Fleet Representatives shall receive four hours fifteen minutes (4:15) pay
for each day while performing FDA Fleet Representative’s duties on days off.
L72-A.08 Retroactivity
Any time already contributed to the FDA (or the former Flight Operations Quality Assurance
(FOQA) Program) by former-ERT members from 01 January 2001 to the present shall be
identified and compensated. The remuneration will either be in the form of cash and/or time
credit at the Company’s discretion and be paid at the rate of four hours and fifteen minutes
(4:15) per day owed in accordance with the rates of pay currently in effect.
IN WITNESS WHEREOF, the parties have signed Letter of Understanding this day 29th of
July this month, 2005.
FOR AIR CANADA FOR AIR CANADA PILOTS ASSOCIATION
(original signed by Capt. M. Downey) (original signed by Capt. J. Scott)
Article 34 – Letters (Rev. 4 – 30 Sep 17) 186
LETTER OF UNDERSTANDING NO. 73
between
Air Canada (“the Company”)
and
Air Canada Pilots Association (ACPA)
WHEREAS the Company and ACPA (“Parties”) have agreed to amend the Agreement with
respect to the matters set out in this Letter of Understanding (LOU);
WHEREAS the Company and ACPA agree to make a joint submission to Transport Canada
for an exemption to the 10-hour duty day restriction for Pilots on Reserve contacted and/or
assigned during the designated rest period on augmented flights;
WHEREAS the Parties agree that the changes required by this LOU will be implemented as
soon as practicable following August 1st 2012;
NOW THEREFORE the Parties agree as follows:
1. To work together to conduct a risk assessment and develop mitigating strategies that
will provide an equivalent level of safety to the current CARs language and are
acceptable to both parties.
2. Once both parties have approved the risk assessment and mitigating strategies, they will
jointly approach Transport Canada with the exemption request.
3. When the exemption is approved, A29.03.09 will continue to apply for a two man crew
and the mitigating strategies agreed to by the parties and any other requirements in the
CARs exemption required by Transport Canada will apply for augmented crews.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
____________th day of __________.
AIR CANADA AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 187
LETTER OF UNDERSTANDING NO. 74
between
Air Canada
and
Air Canada Pilots Association
ACrouge
Work Rules & Conditions
Preamble
In the context of Air Canada’s announced intention to launch a new Low Cost Carrier
(hereinafter called “ACrouge”), Air Canada and ACPA wish to establish a labour relations
structure covering the pilot employees of ACrouge. While it is recognized that the full scope
and details of the terms and conditions governing ACrouge cannot be realistically contained
in this LOU, the following work rules and conditions are embodied herein.
Recognition
It is agreed that ACrouge will be and will continue to be a Specialty Company. Accordingly,
the pilots employed by ACrouge will be Air Canada Pilots represented by ACPA within the
bargaining unit covered by the Air Canada – ACPA Collective Agreement as outlined in this
Letter of Understanding. The pilots will be on the Air Canada Pilots’ System Seniority List.
The provisions of the Air Canada – ACPA Collective Agreement apply to ACrouge, except as
amended by the following provisions and any other terms and conditions agreed to by Air
Canada and ACPA.
The following articles in the Air Canada – ACPA Collective Agreement will not apply:
A10.11 A25 (except for A25.07)
A11 (except for A11.01.01, A11.01.02 and A26 (except for A26.05.01)
A11.01.07)
A12.04 A27 (except for A27.05)
A13 (except for A13.01) CPs, FIs and PPs A28 (except for A28.01, A28.06.01)
will be paid the greater of 80 hours or block
credits, plus a 12% override on appropriate
duty credits.
A14 A29
A19.03 A30
A23.01.01 and A23.01.08.02 A31.02 and A31.03
A24 A32 (except for A32.01.06)
A33 (except for A33.07)
L74.01 Scope:
The mandate of ACrouge is to support the strength, sustainability and growth of Mainline.
L74.01.01 ACrouge will be permitted to place its IATA designator Code on Air Canada
and will maintain a standard inter-line agreement with Air Canada.
L74.01.02 ACrouge will be permitted to carry the AC or ACA Code or any other IATA
designator code for Air Canada.
L74.01.03 Definitions:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 188
L74.01.03.01 ACrouge means aircraft at the Company that are operated under the terms of
LOU 74 of the Collective Agreement.
L74.01.03.02 Mainline means aircraft at the Company that are operated under terms in the
Collective Agreement other than the terms of LOU 74.
L74.01.03.03 ACrouge Narrow Body Jet Aircraft (ACrouge NJA) means any aircraft
make/type/model, except B757 and E190. Future use of the E190 as
ACrouge NJA shall be subject to ACPA and membership approval and only
with approval of pay rates.
L74.01.03.04 ACrouge Wide Body Jet Aircraft (ACrouge WJA) means B767, A330 and
B787 aircraft.
L74.01.03.05 ACrouge Baseline Narrow Body Jet Aircraft (ACrouge Baseline NJA) means
25-30 A319s, except for 10 which may be A320s and/or 321s, or, in
accordance with L74.01.05.05, NJA of any make/type/model, except B757.
L74.01.03.06 ACrouge Baseline Wide Body Jet Aircraft (ACrouge Baseline WJA) means
the 20-25 B767s or, in accordance with L74.01.05.06, B787, B767 and A330.
L74.01.03.07 Mainline Narrow Body Jet Aircraft (Mainline NJA) means: A319/A320/A321
and B737 aircraft or Equivalent Aircraft.
L74.01.03.07.01 For the purpose of this provision, an Equivalent Aircraft shall be defined
as a Mainline NJA aircraft with a minimum hourly flight pay equivalent to
or greater than the B737/A320 and a minimum weight equivalent to or
greater than the A319 weight of 75.5 tonnes.
L74.01.03.08 Mainline Wide Body Jet Aircraft (Mainline WJA) means B767, B777, B787
and A330 or equivalent aircraft
L74.01.03.09 Mainline Baseline means 145 aircraft comprised of (a) Mainline NJA plus (b)
Mainline WJA.
L74.01.03.10 Mainline Growth Baseline NJA means 86 Mainline NJA, subject to
L74.01.04.10.01.
L74.01.03.10.01 Should Air Canada choose to designate the CS300 Aircraft as an
Equivalent Aircraft for inclusion in the Mainline Growth Baseline NJA,
Hourly Flight Pay in 12.04.02.01 for the CS300 shall be equal to or
greater than the B737/A320 and the Hourly Weight Pay in 12.04.02.01
for the CS300 would be based on a weight in tonnes of 75.5.
L74.01.03.11 Mainline Growth Baseline WJA means 70 Mainline WJA.
L74.01.03.12 ACrouge Baseline means 50 aircraft comprised of (a) ACrouge Baseline
NJA, plus (b) ACrouge Baseline WJA.
L74.01.03.13 Mainline Growth Baseline means 156 aircraft comprised of (a) Mainline
Growth Baseline NJA plus (b) Mainline Growth Baseline WJA.
L74.01.03.14 ACrouge Growth NJA means ACrouge NJA operated at ACrouge over and
above the ACrouge Baseline under the terms of the Growth Ratios, as
defined below.
L74.01.03.15 Mainline Growth NJA means Mainline NJA operated at the Mainline over and
above the Mainline Growth NJA Baseline under the terms of the Growth
Ratios.
L74.01.03.16 Mainline Growth WJA means Mainline WJA operated at the Mainline over
and above the Mainline Growth WJA Baseline under the terms of the Growth
Ratios.
L74.01.03.17 Only operating aircraft shall count for the purposes of L74.01.04. Operating
Aircraft means aircraft flown in the active operation of Mainline and ACrouge
operations, as applicable, including aircraft in heavy maintenance, spare
aircraft used in the normal course of operations, and aircraft operated by Air
Canada pilots for other airlines.
L74.01.03.18 Growth Ratios:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 189
L74.01.03.18.01 1:1 Growth Ratio means for every 1 (one) Mainline Growth NJA added to
the Mainline, the ACrouge fleet may be increased by 1 (one) ACrouge
Growth NJA. Such aircraft must be added to the Mainline fleet before the
ACrouge fleet is increased.
L74.01.03.18.02 1:2 Growth Ratio means for every 1 (one) Mainline Growth WJA added
to the Mainline, the ACrouge fleet may be increased by 2 (two) ACrouge
Growth NJA. Such aircraft must be added to the Mainline fleet before the
ACrouge fleet is increased.
74.01.03.18.02.1. If the Company adds ACrouge Growth NJA under the 1:2 Growth
Ratio, when the Company retires any Mainline WJA (including but
not limited to the B767), it may retain the number of ACrouge
Growth NJA added under the 1:2 Growth Ratio based on the
number of such retired Mainline WJA if it replaces the number of
retired Mainline WJA with an equivalent number of Mainline WJA,
or with Mainline Growth NJA equal to twice the number of retired
Mainline WJA.
L74.01.03.18.03 If the number of Mainline WJA is below the Mainline Growth Baseline
WJA or the number of Mainline NJA is below the Mainline Growth
Baseline NJA, the Company cannot add ACrouge Growth NJA under
either the 1:2 Growth Ratio or the 1:1 Growth Ratio.
L74.01.03.18.04 1:3 Growth Ratio means if the ACrouge fleet is below the ACrouge
Baseline and the Mainline fleet is below the Mainline Baseline,
respectively, (a) for every 1 (one) ACrouge NJA aircraft added to
ACrouge, the Mainline fleet must be increased by 3 (three) NJA aircraft,
and (b) for every 1 (one) ACrouge WJA aircraft added to ACrouge, the
Mainline fleet must be increased by 3 (three) WJA aircraft. The 1:3
Growth Ratio is effective only until the ACrouge Baseline and the
Mainline Baseline are met. Such aircraft must be added to the Mainline
fleet before the ACrouge fleet is increased.
L74.01.03.18.05 Where the Company adds Mainline Growth WJA or Mainline Growth NJA,
there is no deadline by which it must exercise any consequential right
under L74.01.04.18.01 or L74. 01.04.18.02 to add ACRouge Growth NJA
provided that the condition precedent to that right still exists at the time the
Growth NJA is added.
L74.01.03.19 Shrinkage Ratios:
L74.01.03.19.01 1:1 Shrinkage Ratio means (a) for every 1 (one) Mainline Growth NJA
withdrawn from Mainline operations, the ACrouge fleet must be reduced
by 1 (one) ACrouge Growth NJA, unless no ACrouge Growth aircraft had
been added in respect of the number of Mainline Growth NJA being
reduced. Such aircraft must be withdrawn from service from the
ACrouge fleet before the Mainline fleet is reduced.
L74.01.03.19.02 1:2 Shrinkage Ratio means for every 1 (one) Mainline Growth WJA
withdrawn from Mainline operations, the ACrouge fleet must be reduced
by 2 (two) ACrouge Growth NJA, unless no ACrouge Growth aircraft had
been added in respect of the number of Mainline Growth WJA being
reduced. Such aircraft must be withdrawn from service from the ACrouge
fleet before the Mainline fleet is reduced.
L74.01.03.19.03 If there are 1 or more ACrouge Growth NJA and the number of Mainline
WJA is above the Mainline Growth Baseline WJA and the number of
Mainline NJA is at or below the Mainline Growth Baseline NJA, for every
1 (one) Mainline NJA withdrawn from Mainline operations, the ACrouge
fleet must be reduced by 1 (one) ACrouge Growth NJA. Such aircraft
must be withdrawn from service from the ACrouge fleet before the
Mainline fleet is reduced.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 190
L74.01.03.19.04 If there are 1 or more ACrouge Growth NJA and the number of Mainline
NJA is above the Mainline Growth Baseline NJA and the number of
Mainline WJA is at or below the Mainline Growth Baseline WJA, for
every 1 (one) Mainline WJA withdrawn from Mainline operations, the
ACrouge fleet must be reduced by either 2 (two) ACrouge Growth NJA or
1 (one) ACrouge WJA. Such aircraft must be withdrawn from service
from the ACrouge fleet before the Mainline fleet is reduced.
L74.01.03.19.05 The Shrinkage Ratios in L74.01.04.19.03 and L74.01.04.19.04 shall
apply until the number of ACrouge aircraft equals the ACrouge Baseline.
L74.01.03.19.06 3:1 Shrinkage Ratio means if the total number of ACrouge aircraft is at or
below the ACrouge Baseline and the total number of Mainline aircraft is
at or below the Mainline Baseline, (a) for every 3 (three) Mainline WJA
aircraft withdrawn from the Mainline operations, the ACrouge fleet must
be reduced by 1 ACrouge WJA aircraft, and (b) for every 3 (three)
Mainline NJA aircraft withdrawn from the Mainline operations, the
ACrouge fleet must be reduced by 1 ACrouge NJA aircraft. Such aircraft
must be withdrawn from service from the ACrouge fleet before the
Mainline fleet is reduced.
L74.01.04 ACrouge Aircraft
L74.01.04.01 ACrouge NJA are comprised of ACrouge Baseline NJA and ACrouge Growth
NJA, subject to the Growth Ratios in L74.01.04.18 and Shrink Ratios in
L74.01.04.19.
L74.01.04.02 ACrouge WJA aircraft are comprised of the ACrouge Baseline WJA, subject
to the Shrink Ratios in L74.01.04.19, the Growth Ratio in L74.01.04.18.04
and the terms in L74.01.05.06 below.
L74.01.04.03 20-25 B767s, all of which may be transferred from the 30 B-767 mainline
fleet as at November 2010 but must be replaced by equivalent or larger
aircraft. Alternatively, and notwithstanding L74.01.05.06, ACrouge may
obtain B767-300ERs from outside mainline so long as they are incremental
to 56 WJA in the consolidated Air Canada and ACrouge WJA fleet, such that
if a B767 is removed from mainline, it must be replaced by an equivalent or
larger aircraft.
L74.01.04.04 If ACrouge wishes to operate more than 25 NJA, the additional NJA must be
incremental to 86 NJA in the consolidated Air Canada and ACrouge NJA
fleet.
L74.01.04.05 Once Air Canada mainline operates a combined minimum of 62 B777s and
B787s, the 25-30 NJA may be made up of any aircraft make/type/model,
except B757.
L74.01.04.06 Once Air Canada mainline operates a combined minimum of 62 B777s and
B787s, the 20-25 WJA at ACrouge may be made up of the following aircraft
(collectively, the “Replacement WJA”): B787, B767 and A330, subject to the
following:
L74.01.04.06.01 Replacement WJA may be placed or replaced at ACrouge on a 1:1 basis
as the B767s or A330s at mainline are replaced with a Newer (i.e., an
aircraft having itself flown less than 10,000 airframe hours) WJA. After all
of the B767s and A330s existing at mainline as of August 31, 2014 have
been replaced once, there is no restriction on the timing of placements or
replacements at ACrouge. For clarity, only once 62 WJA described above
are operating at mainline, and after one of the B767 or A330 aircraft then
remaining at mainline is replaced with a Newer WJA, one B767 or, before
being placed, a B767 slot at ACrouge may be replaced with another WJA.
The replacement or additional WJA at ACrouge must be equivalent to or
smaller than the aircraft added to the mainline.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 191
L74.01.04.06.02 Replacement WJA may be placed or replaced at any time at ACrouge
once Air Canada has confirmed commitments to acquire an additional 13
B787s with set delivery dates that would provide for deliveries that are
earlier or no later than the delivery dates of B787s under existing options
with Boeing, and confirmed that a minimum of 50 B787s and 25 B777s (or
aircraft equivalent to or larger than a B777) will be operated at mainline by
December 31, 2023.
L74.01.04.06.03 WJA at ACrouge may be replaced at any time with B787s on a 1:1 basis
as B787s incremental to a minimum 37 are introduced at mainline, either
as additions to the mainline WJA fleet or as replacements in the mainline
WJA fleet. For example, when 40 B787s are operating at mainline, 3
B787s may be operated at ACrouge in addition to any B787s that may
already have been properly introduced under another section of
L74.01.04.06.
L74.01.04.06.04 For purposes of this LOU, WJA at Air Canada from smallest to largest are
as follows: B767, A330 and B787.
L74.01.04.06.05 Where Air Canada adds an aircraft to or replaces an aircraft in its WJA
fleet, there is no deadline by which it must exercise any consequential right
under any section of L74.01.04 to place a Replacement WJA at ACrouge
provided that the condition precedent to that right still exists at the time the
Replacement WJA is placed at ACrouge. For example, for L
74.01.04.06.02, there must still be at least 50 B787s and 25 B777s (or
aircraft equivalent to or larger than a B777) confirmed to be operating at
mainline by December 31, 2023 at the time the Replacement WJA is
placed at ACrouge. By way of further example, when a B787 is added to
ACrouge pursuant to L74.01.04.06.03, there must still be a corresponding
B787 in excess of 37 for each earlier B787, if any, introduced at ACrouge
pursuant to L74.01.04.06.03.
L74.01.04.06.06 For greater clarity, no new WJA fleet type can be introduced at ACrouge
prior to Air Canada mainline operating the 62 WJA as described above.
L74.01.05 The consolidated annual block hours will not decrease below the 2010 mainline
block hours of 798,133 as the result of the establishment and operation of
ACrouge.
L74.01.06 If a mainline pilot is force reduced from his current Position as a result of the
transfer of the 20 A319’s from mainline to ACrouge, he will receive the hourly
pay rates from the equipment he was force reduced from until he forfeits his
RIR or he forgoes an opportunity to bid a higher paying Position on base,
whichever occurs first.
L74.01.06.01 Should the pilot at his first opportunity be awarded the higher paying position,
the protected hourly rate will continue until his AD.
L74.01.06.02 Once the transfer of the 20th A-319 has been reflected on a CMSC Review
no additional pilot(s) can claim hourly pay rate substitution under this
provision.
L74.01.07 The total number of premium economy seats on any ACrouge aircraft will not
exceed the number of business class seats + premium economy seats on the
equivalent mainline aircraft. ACrouge premium seats will not be a lie flat seat
or an individual pod. The forward cabin of ACrouge wide body aircraft will not
include premium seats that are of a greater pitch, or which recline further than
those in the Air Canada Premium Economy cabin on the same mainline WJA.
The forward cabin of ACrouge NJA will not include premium seats that are of
greater pitch, or which recline further than those in the Air Canada Business
Class cabin on the same mainline NJA.
L74.01.08 85% of the total ACrouge NJA ASMs and 85% of ACrouge WJA ASMs are
ASM’s flown at Air Canada by Air Canada Pilots for the purposes of the
Collective Agreement.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 192
L74.01.09 Regional Replacement Flying shall be operated under LOU 74 as follows:
L74.01.09.01 Regional Replacement Aircraft (RRA) means any aircraft make/type/model,
except B757 and E190. Future use of the E190 as RRA shall be subject to
ACPA and membership approval and only with approval of pay rates.
L74.01.09.02 Regional Route means a route formerly operated by any CPA Carrier for a
minimum of 12 consecutive months immediately prior to being operated by a
Regional Replacement Aircraft.
L74.01.09.02.01 On routes operated by both CPA and Mainline aircraft as of 6/30/17
(Mainline CPA Routes), if the percentage of departures per day operated
by CPA Carriers is less than or equal to 75% of the average combined
CPA plus Mainline departures (CPA Departure Share) over the 12
consecutive months referred to in L74.01.10.02, Regional Replacement
Aircraft may operate a number of departures up to the CPA Departure
Share on the Regional Route. If the CPA Departure Share is greater
than 75%, Regional Replacement Aircraft may operate up to 100% of the
departures on the Regional Route.
L74.01.09.03 Regional Replacement Aircraft shall not count for either the ACrouge
Baseline or as ACrouge Growth NJA. For clarity, Growth Ratios in
L74.01.04.18 and Shrinkage Ratios in L74.01.04.19 do not apply to RRA.
L74.01.09.04 If the CS300 is exclusively used as a RRA (i.e., not as an ACrouge NJA), the
pay for pilots flying the CS300 on RRA will be based on pay rates determined
in A12 with the ACrouge Differential as defined in L74.31.03. Table A of A25
applies to all flying on Regional Routes. If a pilot pairing or awarded flying
includes both Regional Route and non-Regional Route flying, then Table A of
A25 shall apply to all flying in the pairing or the award.
L74.01.10 The aircraft operated by ACrouge with the exception of Regional Replacement
Aircraft flown on Regional Routes in accordance with L74.01.10 will be counted
as Air Canada mainline aircraft for the purposes of A1.10.02.01.02.01.
L74.02 Blocking System:
L74.02.01 Acrouge operates a Fair Share blocking system.
L74.02.02 Upon release of the monthly blocks, the Company will provide an individual
“Reason Report” to all ACrouge Pilots detailing their block results.
L74.02.03 The PBS bidding system for ACrouge will provide for a minimum of 12 bid
lines.
L74.02.04 The PBS solutions and published awards for ACrouge will be done
concurrently with Mainline PBS solutions.
L74.02.05 NJA Blocking window between 77.5 and 85 hours (may be increased
beyond 85 hours with ACPA’s PBS Committee’s approval). Target block
average of 80 hours per month.
L74.02.06 WJA Blocking window between 77.5 and 85 hours (may increase to 90 hours).
L74.02.07 Hours blocked above 82.5 hours will attract an overtime premium of 50%.
L74.02.08 NJA: Maximum 16 days worked parameter in the blocking system.
L74.02.09 WJA: Maximum 16 days worked parameter in the blocking system (may be
increased beyond 16 days with ACPA’s PBS Committee’s approval).
L74.02.10 Definition of a day: between 02:00 and 02:00.
L74.02.11 Special Days Off: Subject to Company approval, once per calendar year, a
maximum of 4 days off may be blocked off in the blocking system to
accommodate special events in a Pilot’s life.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 193
L74.02.12 Recurrent training credits are neither flight time limiting nor do they count
towards the maximum days worked parameter, except that recurrent training
greater than 2 days, including travel time, will have the days greater than 2
counted toward the 16 day limit.
L74.02.13 All ACrouge Pilots shall receive credit and be paid for the greater of:
• The originally scheduled block at the conclusion of the PBS process, or,
• Minimum Block Guarantee as per 74.19, or
• Actual flight credits.
Credit per pairing will be calculated as per L74.20.01, L74.20.02, L74.20.03 or
L74.20.04.
L74.02.13.01 The foregoing will not apply to flying that is lost due to a Pilot failing to
maintain his flight qualifications unless the Pilot has taken reasonable steps
to maintain his qualifications.
L74.02.13.02 In the event of sickness A31.07 shall apply.
L74.02.13.03 In the event that a Pilot drops flying, no credit, the Pilot will be paid the
amount set out L74.02.13 reduced by the credits from the dropped flight(s).
L74.02.14 Compensation for Voluntary Overtime (VO) pairings and Draft pairings shall be
paid in addition to the credit and pay set out in L74.02.13
L74.02.15 The premium set out in L74.21 shall apply to the Pilots block at the conclusion
of the PBS blocking process for all credit actually flown. For clarity, as per
A19.07, vacation, training and start credits are included in the above
calculation.
L74.02.16 A pairing that was originally scheduled to end prior to 02:00 but ends
after 02:00 due to IROPs or marketing changes will result in a Pilot, who was
scheduled to be on a day off, being credited with an additional duty day of 4.5
hours to his monthly projection.
L74.02.16.01 Notwithstanding the above, the 4.5 hours will be paid in addition to the
monthly guarantee if the Pilot works 15 days or more. Any VO, VR and Draft
performed throughout the block month, including days delayed away from
Base on a scheduled day off, will count towards the 15 days. The credit will
be reconciled at the completion of the block period.
L74.02.16.02 In the event that a Pilot experiences a delay away from Base he will be
required to notify the ACrouge Scheduling Administrator in order to process
any necessary adjustment. Notifications must be submitted within 90 days of
the end of the Block Period in which the event took place.
L74.02.17 A Pilot’s maximum days of work will be prorated for days spent on vacation
and/or on DSCs during the Block Period using the following formula:
The maximum number of
days worked for the blocking
(No. of days in Block Period – category
No. of days on vacation, or union days (base/aircraft/position) for
with DSC’s) X Block Period
16 (80 hours and above),
No. of days in Block Period 15 (79-78 hours),
14 (77-75 hours) or
13 (74 hours or below)
L74.02.17.01 Numbers will be rounded up to the next whole integer. The result will
constitute the maximum number of days that the pilot can be planned to fly in
PBS.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 194
L74.02.18 The Company will provide an advanced copy of ACrouge pairings to ACPA’s
JOPEC Committee each month prior to pairing release.
L74.03 Duty Periods: as per CARs, except that A25 Table A will apply as follows:
L74.03.01 For all Regional Replacement Flying the duty day and leg restrictions shall
apply; and,
L74.03.02 Wherever flights on Regional Replacement Aircraft and flights on ACrouge NJA
are intermixed on Pilot pairings or awarded flying, such Pilot pairings or
awarded flying shall be operated under A25 Table A.
L74.04 Scheduled Flying At Night (SFAN): A duty period that operates through 03:00 local
time at the airport where the duty period commenced. Pairings created or modified
(including delayed operations) by the Company will be planned using the following
limitations:
SFAN Rules WJA NJA
Maximum Scheduled Duty
13 Hours 12 Hours
Period
Minimum Scheduled Rest
Period between SFAN 12 Hours N/A
Periods
Regular Duties to SFAN
N/A 22 Hours Rest Prior to SFAN
Duties
SFAN Duties to Non SFAN A Pilot will not be scheduled
At Least 18 Hour Rest
Duties for flying prior to 10:00 the
Period
(Away from Home Base) next day
(This limitation does not
SFAN Duties to Non SFAN At Least 22 Hours Rest
apply due to operational
Duties (At Home Base) Period
delays)
No more than 3 Consecutive
Other N/A
SFAN duty periods
Pairing modified prior to
Above Applies
check in, into SFAN
Pairing modified at or after
check in into SFAN At Least 22 Hours Rest Period at Home Base
(not including Deadhead)
A Deadhead leading into crew rest does not count towards a duty period for SFAN
purposes
L74.04.01 A Pilot may elect to waive the above rules in order to be awarded flying once
the month has started.
L74.05 Augmentation:
L74.05.01 Duty periods exceeding SFAN will require 1 augmentation CA or FO to a
maximum of 15 hours. The flight relief seat on the 767-300 in the Premium
Cabin will meet the requirement of an on-board crew rest facility.
L74.05.02 Any ACrouge NJA operating on routes that would require augmentation at
Mainline will require augmentation as per A25.
L74.06 On Duty/Off Duty Start Times:
L74.06.01 Prior to Departure – 1h15 (operating) / 45 mins. (deadheading)
L74.06.02 After Arrival – 15 mins.
L74.07 Training:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 195
L74.07.01 Pilots will be paid 4.5 hours per day of training for transition and recurrent
training.
L74.07.02 Pilots on initial/transition training may be scheduled to work a maximum of 18
days in any full Block Period.
L74.07.03 ACrouge simulator training and checking will only be performed with ACrouge
Pilots.
L74.08 Pairings
L74.08.01 Max Scheduled Pairing Length: 5 days (NJA) / 7 days (WJA)
L74.08.02 The number of NJA 5 day pairings shall not exceed 15% of the total pairing list,
without ACPA JOPEC Committee’s consent.
L74.09 Crew Rest
L74.09.01 Layover:
L74.09.01.01 10 hour minimum off duty (9 hours hotel arrival to hotel departure) but not
less than the previous duty period. In the event that a Pilot requires the full
10 hours rest he may contact Crew Scheduling and he will be
accommodated.
L74.09.01.02 Pairings that commence in the Mountain or Pacific Time zone that overnight
east of the Eastern Time zone shall be planned with a minimum of 12 hours
crew rest.
L74.09.02 Home base: 11 hours minimum off duty.
L74.09.03 In the event of IROPs and with the approval of the PIC, crew rest periods may
be reduced to CARS minima.
L74.10 Open Time: In order for ACrouge to maintain the scheduling system without
traditional reserve, ACrouge expects its Pilots will make themselves available to
cover all Open Time.
L74.10.01 Annual Overtime (AO) is calculated from June 2 to June 1 by the total amount
of flying awarded under L74.11 and L74.12 (excluding Reassignment and
Return from illness). The order of the Open Time awards in L74.11.04 (Step
3), L74.11.06 (Step 5), and L74.12 (Short Call) will be determined by the lowest
AO. When the lowest two (or more) Pilots have the same AO, the order of
awards will be determined by the lowest projected monthly block hours.
L74.10.02 All Open Time, including that withheld under L74.10.03, shall be shown in
ReportLink and sent to all ACrouge Pilots electronically on a daily and timely
basis, allowing Pilot to bid upon receipt. This permanent IT solution for Open
Time will be developed and implemented at ACrouge as per LOC 71.
L74.10.03 Up to a maximum of 1.5% of total block hours to a maximum of 50 hours per
base, status and equipment, may be retained by the Company to be awarded
to ACrouge Pilots returning from GDIP, unplanned training or return from
illness. The total block hours withheld under this provision shall be calculated
using a 30-day rolling window. Pairings may be released and awarded under
the Open Time awarding process at any time.
L74.10.04 Open Time as a result of Bereavement Leave, Leave for Compassionate Care,
Jury Duty and Personal Days will be assigned and awarded as per L74.11.
L74.10.05 Open Time will be awarded starting at the Base where the flying originates,
with all awarding steps exhausted, prior to it being awarded to a Pilot at
another Base.
L74.10.06 It is agreed and understood that a Pilot who has completed training in a given
month will be eligible for VO 48 hours following the Pilot's scheduled
completion date.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 196
L74.11 Awarding of Open Time
L74.11.01 Step 1A: Reassignment
L74.11.01.01 CS will award open time in accordance with the Pay Protection (PP) and
Pairing Integrity (PI) rules. The Pilot awarded the open time under Step 1A
will be paid as per L74.13.
L74.11.02 Step 1B: To a Pilot who has lost credits due return from illness, GDIP or drop
no credit.
L74.11.02.01 A Pilot will only be eligible for a premium on the portion of the flying assigned
that is greater than the value of the originally dropped flying.
L74.11.03 -Step 2: Pre-Selection of Open Time – Greater than 48 hours to departure.
L74.11.03.01 Open time prior to 48 hours before scheduled reporting time can be picked
up by Pilots on a first come, first served basis that are legal as defined per
A26.05.01. These Pilots will be compensated at time and a half calculated at
the greater of:
L74.11.03.01.01 4.5 hours per day; or
L74.11.03.01.02 Scheduled pairing credit value; or
L74.11.03.01.03 Actual pairing credit value.
L74.11.04 Step3: Voluntary Overtime (VO) - Within 48 hours of departure
L74.11.04.01 Pilots must list their names on a VO availability list. The VO flying will be
paidas per L74.11.03 and awarded to the Pilot with the lowest AO.
L74.11.04.02 Pilots will not be cold called at this step.
L74.11.05 Step4: Voluntary Reserve (VR)
L74.11.05.01 When VR is solicited by the Company, it will be done via email. A Pilot may
list for VR and it will be awarded on a first come first served basis.
L74.11.05.02 VR requires a Pilot to be available for a call and to report within2 hours of
being called for duty.
L74.11.05.03 There are two shifts:
L74.11.05.03.01 VR(A) provides a guaranteed rest from 23:00-07:00
L74.11.05.03.02 VR(B) provides a guaranteed rest from 11:00-19:00
L74.11.05.04 The above hours may be adjusted on a fleet basis by mutual agreement with
ACPA.
L74.11.05.05 Guaranteed rest means CS will not disturb the Pilot during that period.
L74.11.05.06 Pilots may indicate prior to the PBS block release whether they are available
for VR on the specific dates solicited by the Company in advance. These
days are in addition to the Pilot’s maximum scheduled 16 days per Block
Period. Pilots will select their VR dates through PBS or as per L74.11.08.01.
Pilots will indicate their preference for either VR(A) or VR(B).
L74.11.05.07 When there is more than one Pilot available for VR on the same shift, the
Pilot with the lowest AO will be awarded the VR pairing.
L74.11.05.08 VR will be compensated at 4.5 hours per day (straight time) for each VR
period where the Pilot does not work. When the Pilot operates VR he will be
compensated at double time calculated at the greater of:
L74.11.05.08.01 4.5 hours per day; or
L74.11.05.08.02 Scheduled pairing credit value; or
L74.11.05.08.03 Actual pairing credit value.
L74.11.06 Step 5: Draft
L74.11.06.01 Draft will be awarded in the following order.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 197
L74.11.06.01.01 Pilots who have listed themselves for draft based on
lowest AO.
L74.11.06.01.02 Cold call in order of lowest AO.
L74.11.07 A Pilot on draft will be compensated at double time and a half for the
greater of:
L74.11.07.01 4.5 hours per day; or
L74.11.07.02 Scheduled pairing credit value; or
L74.11.07.03 Actual pairing credit value.
L74.11.08 A right seat qualified Captain cannot be contacted by the Company to
occupy the FO seat unless Step 1 through to Step 5 have been completed.
L74.11.09 In the event that a Pilot is solicited by CS for open flying that results in
his blocked flying being dropped as a result of legalities, he will be paid and credited for the
greater of the new flying or the original flying as if it had been flown according to schedule.
Under this provision a Pilot will be compensated at double time and a half for any flying
operated on days off.
DAY 1 DAY 2 DAY 3 DAY 4 TOTAL
EXAMPLE 1
Original Pairing OFF 10 L/O 10 20
Draft Pairing 8 L/O 8 OFF 16
EXAMPLE 2
Original Pairing OFF 8 L/O 8 16
Draft Pairing 10 L/O 10 OFF 20
Pay calculation Example 1: The Pilot will be paid for the greater of the Original
or Drafted pairing (in this case 20:00), plus the Draft premium for Day 1 (12:00),
for total pay of 32:00.
Pay calculation Example 2: The Pilot will be paid for the greater of the Original
or Drafted pairing (in this case 20:00), plus the Draft premium for Day 1 (15:00),
for total pay of 35:00.
L74.12 Short Call
L74.12.01 Recognizing the time constraints involved and to protect the operation, if there
is insufficient time (normally less than 3h 15min) for CS to go through the
normal award process as outlined in L74.12, CS will utilize the following
procedure:
L74.12.01.01 CS will make calls to Pilots listed as available for Short Call in Step 3, Step 4,
then Step 5 based on the lowest AO. The first Pilot that can make the
required Check-In will be awarded the flight.
L74.12.01.02 If no Pilot is able to make the required Check-In, CS may offer the flying to
any Pilot based on sound economic principles with due regard to the
awarding steps.
L74.12.02 Pilots may only list themselves for Short Call daily after 1800L the day prior.
Pilots on the Short Call list are expected to accept the flying when offered.
L74.13 Pay Protection and Pairing Integrity and Reassignment:
L74.13.01 Pay Protection (PP) –Pilots are entitled to Pay Protection per L74.20 when
flying time is lost from his Block because of consolidation, cancellation,
substitution, misconnection or operational reasons.
L74.13.02 CS will notify the Pilot of any loss of flying time as soon as possible.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 198
L74.13.03 Upon notification of the loss of flying time it will be the Pilot’s option to accept
or decline PP except under the following circumstances where the Pilot is
automatically pay protected:
a) If the Pilot’s credits are reduced below MBG; or
b) When the Pilot has previously accepted PP during the same Block period.
Notwithstanding b) above, The Joint Scheduling Committee agrees to meet on an
expeditious basis following ratification to define a process, whereby Pilots are able
accept and decline PP on a pairing-by-pairing basis.
L74.13.04 PP Reassignment: A Pilot may be reassigned within the windows as outlined
in L74.13.14.
L74.13.05 A Pilot who accepts PP, and is reassigned as per Step 1 of the Open Time
awards (L74.11), will be notified and he will acknowledge the notification as
soon as practicable.
L74.13.05.01 In the event that the Pilot is not reassigned prior to 14:00 the day before, he
shall contact CS at 09:00 for possible reassignment, and the flying cannot
originate prior to 13:00.
L74.13.05.02 On a predetermined seasonal basis, the Company may alter the call-in
period to the day prior at 19:00, and flying cannot originate prior to 05:00.
L74.13.06 In a PP Reassignment event, A Pilot may voluntarily accept a reassignment
outside of the applicable windows. Any flying assigned outside of the
window(s) will be treated as VO and paid at time and a half for the entire leg.
These premiums will be cash cleared.
L74.13.06.01 In a PI event, any flying awarded or assigned to a Pilot that is conducted
outside of the reassignment window will be treated as Draft and paid at
double time and a half for the portion of the flying performed outside of the
windows. These premiums will be cash cleared.
L74.13.06.02 Reassignment flying is limited to the greater of the Pilot’s block projection at
the time of the loss of flying or 85 NJA/90 WJA block hours. For a pilot who is
below the 77.5 hour MBG, reassignment flying will be limited to the credit
value of the lost flying plus the difference between the 77.5 MBG and 85
NJA/90 WJA block hours.
L74.13.06.03 Reassignment flying may not be awarded once the Pilot’s block projection at
the time of the lost flying has been recovered (up to a maximum of 85 NJA or
90 WJA. On a loss for a multi-day pairing, once the lost hours have been
recouped, the Pilot is no longer required to be available on remaining
reassignment days.
L74.13.07 Pairing Integrity (PI) – is a component of PP and occurs after the Pilot has
reported for check-in, and subsequently flying time is lost from that pairing.
L74.13.08 Any flying covered under PI will be involuntary with the applied windows of 0/0.
The pairing must start and end within the original start and end pairing times.
L74.13.08.01 In order to protect the operation, when no other Pilot is immediately
available, the Pilot may be reassigned outside of this window. Every attempt
will be made to utilize Pilots listed under L74.11 (Steps 3, 4 and 5) and
L74.12 (Short Call) prior to the Pilot being reassigned outside of his window.
L74.13.09 PI Reassignment: A Pilot may be reassigned within the windows as outlined in
L74.13.14.
L74.13.10 Reassignment flying may not be awarded beyond 0200 into a day off
regardless of the Pay Protection Window.
L74.13.11 A Pilot must contact CS at 0900 for possible reassignment as outlined in
L74.13.14.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 199
L74.13.12 On a predetermined seasonal basis, the Company can establish the call-in
periods to either (i) day of at 0900, and departure flying cannot originate prior
to 1300, or (ii) day prior at 1900, and departure flying cannot originate prior to
0500 the following day.
L74.13.13 The total of the unrecovered credits from a lost pairing (or portion thereof) will
not be carried forward at the conclusion of the PP/PI event i.e. no Pay
Protection Bucket.
L74.13.14 Reassignment windows:
LOST FLYING ENTIRE PAIRING FIRST LEG/NOT LAST LEG/NOT NOT FIRST LEG / NOT
LAST LEG FIRST LEG LAST LEG
SINGLE MULTI SINGLE MULTI SINGLE MULTI SINGLE MULTI
DAY DAY DAY DAY DAY DAY DAY DAY
PRE-ASSIGNMENT -4/+6 -4/+6 -4/0 -4/0 0/+6 0/+6 0/0 0/0
(UP TO 1400 DAY
PRIOR)
1900 (DAY PRIOR) 0/0 0/+6 0/0 0/0 0/0 0/+6 0/0 0/0
OR
0900 (DAY OF)
*As per L74.13.09
DAY OF PRIOR TO 0/0 0/+6 0/0 0/0 0/0 0/+6 0/0 0/0
CHECK-IN
PAIRING INTEGRITY 0/0 0/0 0/0 0/0 0/0 0/0 0/0 0/0
L74.14 VO AND Draft Cancellation
L74.14.01 In the event that a Voluntary Overtime (VO) pairing or a Draft pairing is
cancelled, the following will apply for the determination of pay and flight time
limitations will not apply, except for any portion that consists of actual flight
time:
L74.14.01.01 In the event that a VO/Draft pairing is cancelled with greater than 2 hours'
notice in advance of check-in no pay shall be owing to a Pilot.
L74.14.01.02 In the event that such a pairing is cancelled between 2 hours' prior to check
in and up to brake release, the Pilot shall be paid at 4.5 hours straight time.
L74.14.01.03 Following brake release; and a VO/Draft pairing, or part thereof, is cancelled
the Pilot shall be paid at the appropriate rate plus applicable premium on the
greater of actual time operated or 4.5 hours.
L74.14.01.04 If a VO/Draft pairing is cancelled and the Pilot is assigned to other flying the
Pilot shall be paid the greater of 4.5 hours or actual hours flown plus
applicable premium. It is understood that during period of irregular
operations, crews will be expected to be available to protect the operations.
L74.14.01.05
L74.15 Return from Illness
L74.15.01 A Pilot is expected to call CS prior to 18:00 home Base time to advise of his
return from illness.
L74.15.02 When a Pilot books on prior to the end of his pairing, the Pilot will not be
charged for further sick days and will lose the credit for flying not performed.
For Open Time awards, he will be given priority in accordance with L74.11 until
he has recovered the lost credits. Open Time premiums will only apply once
the lost credits are recovered.
L74.16 Displacement: A Pilot receives full compensation with the exception of meal costs.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 200
L74.17 Deadheading – No credit for deadheading except as outlined under Pairing Credit
Calculation. Pilots will be given positive space deadheads when traveling on a
pairing.
L74.17.01 Surface transport deadhead outside the North American zone will be restricted
to Glasgow-Edinburgh and Marseille-Nice. Effective October 16, 2017, for
Marseille-Nice, Pilots will receive half pay and half credit based on the greater
of the actual surface deadhead time, or scheduled surface deadhead time.
This amount will be in addition to pay as calculated in L74.02.13.
L74.17.02 For surface deadhead in the North American zone, mainline rules shall apply
L74.18 Trip Trade (TT):
L74.18.01 TT allows a Pilot to exchange or post a pairing or partial pairing (when
operating through a Pilot’s Home Base) for other Pilots to accept on a first
come first served basis. The pairing remains in the offering Pilot’s Block, until it
passes all legalities and is accepted by the other Pilot. The exchanging or
dropping of pairings will be at no additional crew cost to the Company.
L74.18.02 Trading with Open Time is not allowed.
L74.18.03 All pairings accepted will be eligible for Pay Protection.
L74.18.04 CP’s, NRFOP’s, and Pilots on Sick Leave are not eligible to use TT.
L74.18.05 Pilots on PP may not accept pairings 12 hours before to 12 hours after the pay
protection window.
L74.18.06 A Pilot who drops flying below the MBG (77.5) is not eligible for the guarantee
and will be paid for the net difference below 77.5.
L74.18.07 A Pilot, who picks up credit through TT, will have those credits added to the
greater of, his MBG (77.5) or the projection at the time of the pick-up.
L74.18.08 Flying picked up through TT will not be eligible for premiums.
L74.18.09 Additional credits resulting from a trip trade will be cash cleared.
L74.18.10 All CARs and Blocking legalities will apply.
L74.18.11 Maximum limits to trip trading may be established
L74.18.12 CS may accept pairings from TT to cover an unscheduled requirement for
checking.
L74.18.13 CS may accept pairings from TT and assign to a Pilot on PP.
L74.18.14 Designated ACPA Representatives may accept pairings from TT. A10.09.01.06
applies.
L74.18.15 TT activity will be frozen from PBS block closing until the block awards are
loaded in Netline.
L74.18.16 TT rules may be changed upon mutual consent of the Joint Scheduling
Committee.
L74.19 Minimum Block Guarantee (MBG) 77.5 hours straight time.
L74.20 Pairing Credit Calculation: Total credit for the pairing is the greater of:
L74.20.01 original scheduled block hours
L74.20.02 pairing rescheduled block hours prior to check in
L74.20.03 pairing rescheduled block hours after pairing check in
L74.20.04 actual credit hours flown
Article 34 – Letters (Rev. 4 – 30 Sep 17) 201
L74.21 Premium over 82.5 hours: Flying above 82.5 hours as a result of PI/PP event to a
pairing on day-of, block growth, or hours blocked in the blocking system attract a
50% premium. This premium does not apply to flying awarded under Open Time
Awards, nor does it apply to the 4:30 hour credit as outlined under L74.02.17. For
further clarity, this premium will not apply on flying that already attracts a premium.
L74.22 Pay Rates
Steps CA B767 CA A319 FO B767 FO A319
1 $132.08 $145.49 $57.73 $57.73
2 $140.14 $150.46 $63.12 $63.12
3 $148.31 $155.36 $71.93 $71.93
4 $156.53 $160.13 $80.55 $80.55
5 $164.67 $165.02 $105.48 $101.24
6 $172.79 $170.07 $112.27 $105.88
7 $181.00 $176.92 $117.63 $109.63
8 $189.06 $183.70 $124.82 $110.79
9 $197.24 $190.64 $130.21 $110.79
10 $203.26 $197.39 $130.21 $110.79
11 $207.33 $201.36 $130.21 $110.79
12 $211.47 $205.37 $130.21 $110.79
L74.22.01 Annual Wage Increases
L74.22.01.01 The rates in L74.22 and L74.22.01.02 will be increased according to the
following:
Effective Date Increase
April 2, 2018 2%
April 2, 2019 2%
April 2, 2020 2%
L74.22.01.02 Effective with the November 2014 Block Period, First Officers in their first 4
years of service will receive a monthly salary based on 77.5 hours and an
hourly rate of pay for all the credits above 77.5 hours in accordance with the
following table:
Effective with the Effective with the
April 2017 Block April 2017 Block
Period Period Period
Monthly Up to 77.5 Hourly Above 77.5
Hours Hours
1st Year $4,329.77 $57.73
2nd Year $4,734.00 $63.12
3rd Year $5,394.74 $71.93
4th Year $6,041.25 $80.55
L74.23 Pilot Salary
L74.23.01 Pilots will receive a cash advance on approximately the 1st banking day of each
month.
L74.23.02 The pay advance will be deducted from the subsequent pay cheque paid in the
next month normally no later than the 17th day of that month.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 202
L74.23.03 The applicable pay rates will be based on a Pilot’s total combined years of
service with Air Canada and ACrouge.
L74.24 Bank
L74.24.01 All credits above 85 hours will be placed in the Pilot’s bank. Credits above 50
hours will be automatically cash cleared.
L74.24.02 With Company approval, the Pilot may use positive bank as a blocking start
credit.
L74.24.03 A Pilot moving between mainline and ACrouge will have his bank credits
converted to hours and minutes reflecting the Pilot’s new position rates.
L74.24.04 Positive Bank
L74.24.04.01 The Company will not use the Time Bank to offset MBG.
L74.24.04.02 A request to cash clear all or part of a Pilot’s bank must be made no later
than 2 days after the start of the new Block Period.
L74.24.05 Negative Bank
L74.24.05.01 The Negative Bank will be capped at negative 13h 30m. In exceptional
circumstances, the Company may approve requests to borrow up to 25 hours
from the bank. In such circumstances, the Pilot will make every effort to
restore his bank total to at least negative 13h 30m within 6 months.
L74.24.05.02 Any bank credits earned will be used to offset negative bank.
L74.24.05.03 A Pilot who elects to borrow from the bank must advise CS no later than 2
days after Block Period end.
L74.24.05.04 When a Pilot retires, is terminated, or otherwise ceases employment, any
negative bank balance owed to the Company will be deducted from the
Pilot's final pay.
L74.25 Vacation / Statutory Holidays
L74.25.01 For allotment of days – as per Air Canada – ACPA Collective Agreement.
L74.25.02 Vacation awarding will be socialized. Effective 2019 vacation will be the same
as mainline for bidding purposes.
L74.26 Sick Leave
L74.26.01 A Pilot on sick leave who was awarded Open Time outside of his Block will
neither be charged for sick leave nor credited for such flying.
L74.27 Personal Day (PD) – Unpaid, therefore must use bank time.
L74.28 Satellite Bases – With the consent of ACPA, a satellite base system LOU may be
developed.
L74.29 Equipment Assignment and Status: A Pilot transferring to or from ACrouge, will be
considered an employee of the other Company on the first day of training. He will be
paid in accordance with A20.09. A20.01 of the ACPA– Air Canada Collective
agreement applies.
L74.29.01 Course Rights
L74.29.01.01 A Pilot who moves from ACrouge to mainline or from mainline to ACrouge
with the same aircraft type-Status will not be charged a course right. He will
be frozen from returning to his previous (aircraft type-Status) for 24 months
following the Closing Time of the associated Bid Award. The freeze will not
apply to a Pilot should he be force reduced in accordance with A20.08.08.
L74.30 Seniority – A Pilot transitioning to ACrouge will maintain his seniority number on the
Air Canada system seniority list.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 203
L74.31 Probation: For New Hire Pilots – as per mainline.
L74.32 Meal Expenses/Per Diems
L74.32.01 As per mainline rates and process.
L74.33 New Equipment
L74.33.01 The Captain rates of pay for WJA larger than the B767 being introduced at
ACrouge (“New WJA Equipment”) will be established at the time of introduction
as follows:
L74.33.01.01 The rates for Steps 1 through 6 will be 3% greater than the corresponding
A320 CA mainline pay rates (excluding Overseas and Nav Pay).
L74.33.01.02 The rate at Step 12 for the New WJA Equipment (excluding Overseas Pay)
will be 11% less than the mainline Step 12 CA pay rate for the equivalent
type aircraft (e.g., B787).
L74.33.01.03 The rates for Steps 7 through 11 will be calculated as follows:
L74.33.01.03.01 The difference, in dollars, between ACrouge Step 12 rate and the Step 6
rate for the New WJA Equipment, as calculated above, will be determined
(the “Absolute Differential”).
L74.33.01.03.02 The Absolute Differential will be divided by 6 (the “Absolute Step
Increase”).
L74.33.01.03.03 The rates for Steps 7 through 11 will be equal to the value of the preceding
step plus the Absolute Step Increase.
L74.33.01.04 Annually in January and July following the introduction of the New WJA
Equipment, the pay rates for that aircraft will be reviewed and adjusted as
necessary in accordance with L74.33.01.01 through L74.33.01.03 to account
for any adjustments made to the equivalent mainline aircraft’s or mainline
A320 pay rate (excluding Overseas and Nav Pay).
L74.33.02 The First Officer rates of pay for WJA larger than the B767 being introduced
(“New WJA Equipment’) at ACrouge will be established at the time of a New
WJA Equipment’s introduction as follows:
L74.33.02.01 For FO Steps 1 through 4, the rates will be in accordance with L74.22.01.02.
L74.33.02.02 Steps 5 through 9 for the New WJA Equipment will be 10% less than the
equivalent type (e.g., B787) mainline aircraft’s pay rate (excluding Overseas
Pay).
L74.33.02.03 Steps 10 through 12 for the New WJA Equipment will be equal to the Step 9
rate established under L74.33.02.02.
L74.33.02.04 Annually in January and July following the introduction of the New WJA
Equipment, the pay rates for that aircraft will be reviewed and adjusted as
necessary in accordance with L74.33.02.02 and L74.33.02.03 to account for
any adjustments that have been made to the mainline equivalent type’s pay
rate (excluding Overseas Pay).
L74.33.03 The Captain and First Officer rates of pay for NJA being introduced (“New NJA
Equipment”) at ACrouge will be established at the time of a New Equipment’s
introduction as follows:
L74.33.03.01 Captain and First Officer pay rates for such equipment shall be established in
12.04 (“Mainline New Equipment Pay”).
L74.33.03.02 Captain and First Officer New NJA Equipment pay shall equal (a) the
applicable Mainline New Equipment Pay by years of service as a pilot,
excluding Overseas and Nav Pay, times (b) a percentage equal to A319
hourly pay rates at ACrouge divided by A320 hourly pay rates at Mainline,
excluding Overseas and Nav Pay, for each applicable year of service as a
pilot (“ACrouge Differential”).
Article 34 – Letters (Rev. 4 – 30 Sep 17) 204
L74.34 A319 Weight Adjustment
L74.34.01 Upon the introduction of an A320/321 at ACrouge, the rates of pay will be
adjusted annually as follows:
L74.34.01.01 Upon the introduction of an A320/321 at ACrouge, a hypothetical mainline
rate at Captain Step 12 DN (excluding Overseas and Nav Pay) will be
calculated based on the A319/320/321 model fleet composition at ACrouge
at that time (“Hypothetical Rate”). The Hypothetical Rate will be calculated in
accordance with A12, however the Weight in Tonnes for Variants Flown will
be calculated in accordance with the following:
number of A319s at ACrouge x Maximum Taxi Weight for ACrouge A319
+ number of A320s at ACrouge x Maximum Taxi Weight for ACrouge A320
+ number of A321s at ACrouge x Maximum Taxi Weight for ACrouge A321
Total number of A319/320/321 aircraft at ACrouge
L74.34.01.02 Annually in January and July following the introduction of an A320/321, a
new Hypothetical Rate will be calculated using the A319/320/321 type fleet
composition at that time.
L74.34.01.03 The difference between the current Hypothetical Rate and the last previously
calculated Hypothetical Rate will be determined. This value will be expressed
as a percentage of last previously calculated Hypothetical Rate.
L74.34.01.04 For FO Steps 1 through 4, the rates will be in accordance with L74.22.01.02.
For Captain and all other FO rates, the new rates for the A319/320/321
aircraft at ACrouge will be equal to ACrouge A319/320/321 rates in effect at
the time of introduction, adjusted by the Percentage Differential.
L74.35 Check and Training Pilots
L74.35.01 As per A2.01.17, a Check Pilot is an Active Pilot who holds a Position and is
assigned, and whom agrees, to perform Check Pilot duties. This may include
simulator training and line indoctrination. Hereinafter, these Pilots shall be
called Check Pilots or CPs.
L74.35.02 In addition to L74.35.01 above, it is agreed and understood that a Line
Indoctrination Training Captain (LITC) is the same as an Initial Operating
Experience Training Captain (IOETC) as defined in A2.01.32. Hereinafter,
Pilots who only perform these duties, and whom do not perform Check Pilot
duties, shall be called LITC Pilots.
L74.35.03 The Pilots set out above will be qualified as Command CP, CP "A", CP "B"
and/or LITC, and will be advised prior to agreeing to take the position what
their status will be.
L74.35.04 Training flights will be representative of those flights regularly scheduled at
ACrouge.
L74.35.05 In the event that there are insufficient CP and/or LITC duties to keep the
regular number of CPs at their MBG (80 Hours), The Company may return the
CP to his regular QPOS upon providing the Pilot with 1 block period notice in
advance.
L74.35.06 CPs and LITC Pilots may be assigned to assist with training and/or shadow
CPs or Flight lnstructor/LITC Pilots who are performing training duties pursuant
to L74.35. In such instances, ACrouge CPs and LITC Pilots shall be paid
pursuant to the terms of L74.35.
L74.35.07 CPs and LITC Pilots will neither write disciplinary letters nor undertake any
other disciplinary action.
L74.35.08 CP's shall be subject to the scheduling rules set out in LOU 74 except as
follows:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 205
L74.35.08.01 Simulator training and checking will be credited and Flight Time limited at 6
hours per day.
L74.35.08.02 Administration (office) days will be credited and Flight Time limited at 6 hours
per day.
L74.35.08.03 Meetings will be credited and Flight Time limited at a minimum of 2 hours to
a maximum of 6 hours per day.
L74.35.09 CPs will have vacation scheduled by the Company for a period that is mutually
agreeable to the Chief Pilot and the CP. A vacation request will not be
unreasonably withheld.
L74.35.10 LITC Pilots, and CPs who will be in their assignment for less than an entire
vacation year, will bid their vacation in accordance with L74.25.
L74.35.11 Credits for the purpose of pay for the CPs and LITC Pilots will be calculated as
per LOU 74 or as set out herein.
L74.35.12 Check Pilots:
L74.35.12.01 CP MBG will be 80 hours every Block Period and will be paid as set out
below.
L74.35.12.02 CP schedules will be planned by the training department.
L74.35.12.03 When a simulator session or a Line Check or Line Indoctrination flight is
cancelled the CP will be re-assignable in the same Block Period through
mutual agreement between the CP and his immediate supervisor.
L74.35.12.04 CPs with less than 80 hours of Block Credits will be assignable for extra
credit duties.
L74.35.12.05 During their assignment to supervisory flying with ACrouge, CPs will be paid
at their rates of pay pursuant to LOU 74 except that their pay will be the
greater of 80 hours or actual flying credits. A 12% premium will apply for the
above except for flying credits greater than 80 hours which are not for
training or checking purposes. All credits above 82:30 hours not associated
with the Open Time process of LOU 74.12 will attract a 50% premium.
L74.35.12.06 CPs can access Open Time in the same manner as any line Pilot under
L74.11. CPs can only access Captain open time under L74.11
Notwithstanding the forgoing, the Company may request CPs to perform
other flying duties if the Company has exhausted the steps set out in L74.11
and no other ACrouge Pilot is qualified, available, and willing to perform such
flying duties.
L74.36 ACrouge Non-Revenue Flying Operations (NRFO)
L74.36.01 Where mainline operates the same aircraft type as ACrouge, NRFO will be
operated by mainline Pilots.
L74.36.02 Where the fleet is ACrouge-specific, NRFO will be performed by ACrouge
Pilots and A11.05 will apply.
L74.36.03 Where a fleet transitions from mainline to ACrouge, the Joint Scheduling
Committee will meet to discuss a temporary transition agreement that may
involve mainline and ACrouge NRFOPs operating together.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
__________th day of ___________.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 206
LETTER OF UNDERSTANDING NO.76
between
Air Canada
and
Air Canada Pilots Association
Implementation of Course Rights Based Pilot Position Assignment System
Preamble
As a result of changes to A20 introducing a course rights based Pilot Position Assignment
system the following is agreed to for the sole purpose of initial implementation:
L76.01 Allocation of Course Rights
L76.01.01 Prior to the first CMSC Review after the 2011 Collective Agreement comes into
force, a Pilot whose QPOS is:
L76.01.01.01 in a WC group will be granted:
▪ 1 unrestricted course right.
L76.01.01.02 A320 C will be granted:
▪ 1 unrestricted course right; and
▪ 1 restricted course right to a position in the WC group.
L76.01.01.03 EMJ C will be granted:
▪ 1 unrestricted course right; and
▪ 1 restricted course right to either a position in the WF group or an A320 C
position; and
▪ 1 restricted course right to a position in the WC group.
L76.01.01.04 in a WF group will be granted:
▪ 1 unrestricted course right; and
▪ 1 restricted course right to a position in the NC group; and
▪ 1 restricted course right to a position in the WC group.
L76.01.01.05 A320 F will be granted:
▪ 1 unrestricted course right; and
▪ 1 restricted course right to a position in the WF group; and
▪ 1 restricted course right to a position in the NC group; and
▪ 1 restricted course right to a position in the WC group.
L76.01.01.06 EMJ F will be granted:
▪ 1 unrestricted course right; and
▪ 1 restricted course right to an A320 F position; and
▪ 1 restricted course right to a position in the WF group; and
▪ 1 restricted course right to a position in the NC group; and
▪ 1 restricted course right to a position in the WC group.
L76.01.01.07 RP group will be granted:
▪ 1 unrestricted course right and;
▪ 1 restricted course right to a position in the NF group; and
▪ 1 restricted course right to a position in the WF group; and
▪ 1 restricted course right to a position in the NC group; and
▪ 1 restricted course right to a position in the WC group.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 207
L76.02 Irregularities
This LOU and the A20 language document the principles that govern the course rights
system. In order to not unfairly advantage or disadvantage any Pilot whose APOS or QPOS
situation was unforeseen at the time of the signing of this LOU, irregularities will be
addressed by the CMSC on a case-by-case basis.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
____________th day of _______________.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 208
LETTER OF UNDERSTANDING NO.77
between
Air Canada
and
Air Canada Pilots Association
The present Letter of Understanding (“LOU” or “Pension LOU”) establishes the changes to
the pension terms and conditions applicable to all Air Canada employees who are
represented by the Air Canada Pilots Association (ACPA).
For the purpose of this LOU, Air Canada Pilots refer to members of the Air Canada Pension
Plan – Pilots (“AC Pilots Plan”) and CAIL Pilots refer to members of the Pension Plan for Air
Canada Pilots formerly employed by Canadian Airlines International Ltd (“CAIL Pilots Plan”).
Unless stated specifically otherwise, the changes to plan provisions described in this LOU
apply to both the benefits payable under the Registered Pension Plans (“RPP”) and to the
benefits payable under the Supplemental Retirement Plans (“SRP”) provided as per A17 of
the Collective Agreement.
Benefit Changes for Air Canada Pilots and CAIL Pilots
Unless specifically stated otherwise, the amendments to RPP and SRP provisions described
below shall be implemented on January 1, 2013 and effective for retirements, terminations
and deaths occurring on or after January 1, 2014. Under the terms of the plans, “Retirement
Date” means the first day of the month during which the Member retires. Therefore, for
greater clarity, the amended provisions will affect pilots whose last day of work is in
December 2013 and retire on January 1, 2014.
1) The following amendments to RPP and SRP provisions shall be implemented on
January 1, 2013 and effective for retirements, terminations and deaths occurring on or
after January 1, 2014.
a) Pension formula:
Current provisions: the pension formula is 1.5% (1.4% for service in the CAIL Pilots
Plan prior to July 1, 2003) of the best average earnings up to the final average
YMPE and 2.0% of that part of the best average earnings that exceeds final
average YMPE. For periods on disability, pilots accrue pension at a full 2%.
Changes: no change to the pension formula.
b) Employee Contributions and Cost Allocation
Current provisions: Basic member’s contributions are calculated as 4.5% of that
part of member’s compensation up to the YMPE and 6.0% of that part of his
compensation in excess thereof. The maximum basic contribution to the RPP and
SRP combined is limited to three times the maximum pension unit for the given
calendar year. The maximum basic contribution to the RPP is limited to 1.5 times
the maximum pension unit for the given calendar year. The basic company
contribution to the SRP equals the basic member’s contribution to the SRP.
Changes: Effective January 1, 2014,
o an additional member’s contribution equal to 1.5% of contributory earnings will
be required to the RPP. Contributory earnings are defined as earnings, for a
given calendar year, not exceeding the earnings required to produce the
maximum basic member’s contribution to the RPP and SRP;
o if the average solvency ratio of the member’s RPP, as defined under the
PBSA, measured on January 1 of the preceding calendar year, is
Article 34 – Letters (Rev. 4 – 30 Sep 17) 209
above 100%, the basic member’s contributions and the basic company
contributions otherwise required to be made to the SRP in the calendar year
will remain as is;
o if such average solvency ratio of the member’s RPP is below 100%, the basic
member’s contributions otherwise payable to the SRP in the calendar year will
be paid to the RPP and the Company contributions otherwise required to be
made to the SRP in the calendar year will be nil.
Section 4.1 of the AC Pilots Plan and CAIL Pilots Plan shall be amended
accordingly.
c) Removal of Mandatory Retirement
Current provisions: A member must retire no later than the first day of the month
immediately following the month the member attains age 60.
Changes: Mandatory retirement will be removed for pilots who retire after
December 1, 2012. A pilot will continue to accumulate allowable service in
accordance with the terms of the applicable plans until the earliest of 1) the date
upon which the pilot retires 2) the date upon which the pilot completes 35 years’
allowable service or 3) November 30 of the year the pilot attains age 71.
d) Early retirement eligibility
Current provisions: A member is eligible to early retirement with 25 years of
qualifying service or when the sum of the Member’s age and qualifying service
adds up to 80 years or more.
Changes: The eligibility to early retirement shall occur upon the Member’s
completion of 30 years of qualifying service or upon attaining age 60.
To do so, Section 5.2 of the AC Pilots Plan and the CAIL Pilots Plan shall be
modified accordingly. The CAIL Early Retirement Eligibility Date as defined in
Appendix A of the CAIL Pilots Plan shall also be defined as per the above.
e) Early retirement reduction:
Current provisions: The member is eligible to an unreduced pension if he retires at
age 60. In case of early retirement, the pension is multiplied by an early retirement
factor in which the numerator is the Qualifying Service and the denominator the
Qualifying Service projected to age 60. Under CAIL Pilots Plan, early retirement
reduction is calculated as 3% per year before age 60 for a portion of the pension.
Changes: The member will be eligible for an unreduced pension if he retires on or
after pensionable age defined as age 65, or on or after age 60 if the member
completes 30 years of qualifying service. All 1) early retirement pensions, 2)
grounded retirement pensions payable from the RPPs and 3) any immediate
pension payable from CAIL Pilots Plan before qualifying for early retirement, shall
be calculated on an actuarial equivalent basis reduced from pensionable age.
To do so, the early retirement factors under Section 6 of the AC Pilots Plan and
under Section 6 and Appendix A of the CAIL Pilots Plan shall be modified
accordingly.
f) As an incentive for the Union to support the Company’s effort for Funding Relief as
described below, the Company’s Final Offer is to change any reference to 30 years
of service in sections d) and e) above by 25 years of qualifying service contingent
on the parties being successful in obtaining from the federal authorities such
Funding Relief.
g) Termination:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 210
Current provisions: A member who terminates prior to early retirement eligibility
of 80 points or 25 years of service is entitled to payment of the deferred annual
pension as early as age 50. The pension payable is reduced on an actuarially
equivalent basis for the period prior to the age the employee would have
attained 80 points, based on the service at the date of termination, and by an early
retirement factor in which the numerator is the Qualifying Service and the
denominator the Qualifying Service projected to age 60 after that point. There is no
entitlement to SRP benefits.
Changes: Upon termination of employment before eligibility for early retirement, the
pension payable from the RPP will be a deferred pension commencing payment at
age 65. A member terminating after age 55 would be entitled to an immediate
pension which shall be calculated on an actuarial equivalent basis reduced from
age 65. However, there is no entitlement to SRP benefits.
To do so, Section 8 of the AC Pilots Plan and Section 8 and Appendix A of the
CAIL Pilots Plan shall be modified accordingly.
2) The following amendment to RPP and SRP provisions shall be implemented on
January 1, 2011 and effective for retirements, terminations and deaths occurring on or
after January 1, 2014, subject to the solvency deficiency in the RPP.
a) Normal form of pension payment:
Current provisions: The normal form of payment is a joint and survivor 50% which
means that 50% of the pension payable before death will continue to the eligible
spouse for his/her lifetime. The survivor benefit is payable to the spouse qualifying
on the date of death. The statutory joint and survivor 60% pension form is offered
under the AC Pilots Plan and the CAIL Pilots Plan. An optional joint and
survivor 100% form is offered under the CAIL Pilots Plan. For the 60% or 100%
forms, the survivor benefit is payable to the spouse qualifying on the date of
retirement, unless such spouse deceased. The amount of pension payable under
the statutory and optional forms of pension payment is established on an actuarial
equivalent basis. A higher pension option under Section 7 of the AC Pilots Plan
and CAIL Pilots Plan is offered in connection with all forms.
Changes: No change to the normal form of pension.
3) The Maximum Pension Units (MPUs) in the RPP and SRP: No change to the MPUs.
4) Additional Life Insurance for Former CAIL Pilots
Current provisions: Former CAIL Pilots have an additional life insurance. The premium is
paid by the Company and it is taxable to the Pilots. The insurance is payable to the
eligible spouse and if there is no spouse, no benefit is paid. The amount of insurance
paid is offset from the death benefit payable from the pension plan.
Changes: The additional life insurance is cancelled effective August 1, 2012. There will
be no offset in the pension plan for deaths occurring on or after this date.
Section 10.1 of the CAIL Pilots Plan shall be amended accordingly.
5) Disability and grounded retirement:
Current provisions: The disability retirement pension or grounded retirement pension
payable to an Air Canada Pilot is based on a full 2% Formula Pension and payable until
and including the earlier of the first of the month preceding the month in which a
disability pension becomes payable under a government pension plan or the first of the
month he reaches age 65.
From that date, the annual amount of the pension is reduced to the amount that would
have been payable upon a normal or early retirement as applicable. The same full 2%
also applies to a CAIL Pilot but only for service on and after July 1, 2003.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 211
Changes: The disability retirement pension or grounded retirement pension payable to
an Air Canada Pilot or a CAIL Pilot will be based on a full 2% Formula Pension for all
service and payable until and including the earlier of the first of the month preceding the
month in which a disability pension becomes payable under a government pension plan
or the first of the month he reaches age 65. From that date, the annual amount of the
pension will be reduced to the amount that would have been payable upon a normal or
early retirement as applicable. This change will apply effective August 1, 2012 for future
disability and grounded retirements
Sections 6.5 and 6.6 of the AC Pilots Plan and the CAIL Pilots Plan shall be amended
accordingly.
6) Notional Earnings
Current provisions: Two different methods are used in practice to determine notional
earnings for pension purposes and other benefits.
Changes: Harmonize the practice for pensions to the method used for benefits in
accordance with A16.02.02 of the Collective Agreement. This change will apply effective
April 1, 2011 for future periods on GDIP but also retroactively for pilots on GDIP as of
April 1, 2011, for the current GDIP period only. Change has already been implemented.
7) Pension Committee
Current Provisions: The Pension Committee is currently made up of three Company
representatives and three pilot representatives for each of the AC Pilots Plan and CAIL
Pilots Plan. Both committees meet jointly. There are no members on the committees
representing the pensioners.
Changes: For each of the AC Pilots Plan and CAIL Pilots Plan, the pensioners may
appoint a pensioner of the plan to represent them on the existing Pension Committee. If
the pensioners appoint a representative, the appropriate plan will be amended to add
this pensioner representative on the committee and add one Company representative.
The applicable committee would then consist of three members appointed by ACPA,
one appointed by the pensioners and four appointed by the Company. All members on
each committee can attend any joint meetings of the Pension Committees for the AC
Pilots Plan and the CAIL Pilots Plan.
8) Other sections of the AC Pilots Plan and the CAIL Pilots Plan and paragraphs of
section 26.04 of the Collective Agreement may have to be modified as well so to
properly implement the above changes.
Defined Contribution Arrangement
9) Every Air Canada employee who is a member of ACPA and who is hired on or after
August 1, 2012 shall join a new Defined Contribution Arrangement for Pilots (“Pilots DC
Plan”). Such pilot is not eligible to join the AC Pilots Plan or the CAIL Pilots Plan. For
clarity, a pilot will not have the opportunity to transfer previous military service to Air
Canada.
10) The Pilots DC Plan shall be comprised of a Basic Component and a Supplementary
Component. Such plan will be registered with OSFI and the Canada Revenue Agency
(“CRA”) and be subject to the registered pension plan limitations of the Income Tax Act.
11) A pilot who is member of the Pilots DC Plan shall contribute to the Basic Component by
payroll deduction the percentage of earnings he selects, in accordance with the
following rates:
Employee contributions Company contributions
3% to 6% 100% matching
Article 34 – Letters (Rev. 4 – 30 Sep 17) 212
12) For a pilot who is member of the Pilots DC Plan, the Company shall contribute to the
Supplementary Component an additional amount calculated in accordance with the
following rates applied to the employee contributions paid by the pilot in the Basic
Component:
Company additional contributions
Completed Years of Continuous
in % of employee contributions
Service on 1st day of the month
to Basic Component
Less than 2 0%
2 but less than 5 37.5%
5 and over 75%
13) A member of the Pilots DC Plan shall cease contributing to this plan when the sum of his
allowable service under an Air Canada defined benefit registered plan plus his qualifying
service as a member of the Pilots DC Plan has attained thirty-five (35) years.
14) A member’s and the Company’s contributions during a given Plan Year shall not exceed
the limit prescribed under the Income Tax Act for that Plan Year. Earnings subject to
contributions under the Basic and Supplemental Components will be capped
proportionately so that full percentage of matching can be paid.
Example:
Prescribed limit for year: $22,970
Earnings: $150,000
Completed Years of Continuous Service: more than 5 years
Without With
maximum maximum
Pilot Contribution, Basic 6% of earnings $9,000 $8,352.73
Company Contribution, Basic 100% match $9,000 $8,352.73
Company Contribution, Supplementary 75% match $6,750 $6,264.54
Company Contribution, Total $15,750 $14,617.27
Total Contribution $24,750 $22,970.00
Company Contribution, % of Pilot 175% 175%
Pilot and Company contributions will cease when earnings reach $139,212, which is the
Prescribed limit for year of $22,970 divided by 16.5%. Such limit results in all
components above being capped proportionately
15) A member on a period of disability during which he is receiving benefits under an
approved group disability insurance program of the Company shall not be required nor
permitted to make contributions. During such period of absence, the Company shall
contribute a rate of 3% of his earnings.
16) The Company shall provide a range of investment options to members. The Company
shall make all reasonable efforts to assure that the Pilots DC Plan complies with the
defined contribution safe harbour provisions of the PBSA and regulations when these
rules become effective.
17) The Plan shall be administered by the Company. A Committee shall be established and
shall assume the functions of a Pension Council as defined under PBSA. The
Committee shall consist of an even number of persons, one-half appointed by ACPA
and one-half appointed by the Company.
18) All reasonable fees and expenses related to investment management are to be paid by
members and former members in the form of reduced investment income. All other fees
and expenses of the Plan are to be paid by the Company.
Review of Plan Amendments
Article 34 – Letters (Rev. 4 – 30 Sep 17) 213
19) Air Canada shall undertake to amend the text of the AC Pilots Plan and the CAIL Pilots
Plan to incorporate amendments to such plan text and other documents which are
required by this LOU, inclusive of any amendment of the plan documents to permit the
reduction in accrued benefits. Air Canada shall also undertake to establish the Pilots DC
Plan. The amended and new plan texts will be submitted to ACPA for approval.
Thereafter the plan texts will not be changed unless required by law or agreed to by the
parties. Amendments which are required by any law which applies to the RPPs or SRPs
can be made unilaterally by Air Canada.
Implementation of Benefit Changes
20) The parties shall cooperate, act diligently, and take all actions required for the
implementation of this Pension LOU and to further its objectives.
21) The parties recognize that some of the changes provided for under this LOU have the
effect of reducing pension benefits; as such, in accordance with paragraph 10.1(2)(a) of
the Pension Benefits Standards Act, 1985 (“PBSA”), amendments to the RPP are
subject to the Superintendent’s authorization. The Company and ACPA shall cooperate
in making the necessary representations to OSFI and, if necessary, the Department of
Finance to effect such approval promptly in accordance with the following principles:
a) the Company shall provide all affected Plan members and former Plan members
with a short document satisfactory to ACPA (such acceptance not to be
unreasonably withheld) informing such beneficiaries of the highlights of the benefit
changes, including the potential financial impact and approval process;
b) the Company may hold information sessions in conjunction with the notice,
pursuant to OSFI’s recommendations in their guidelines on benefit reductions;
c) any objections received by the Company or ACPA, along with any response, must
be forwarded to OSFI for its consideration.
Company contributions to the RPPs and Funding Relief
ACPA shall actively support the Company’s effort to obtain regulatory relief from solvency
funding requirements otherwise applicable to all registered pension plans maintained by the
Company, as set out in the Appendix 1 of this Pension LOU.
Benefit Changes for former members
22) Nothing in this LOU shall prevent the Company to implement benefit changes to retirees
and other former members, subject to a consultation process with such beneficiaries
and OSFI’s approval.
23) ACPA may observe such consultation with the retirees and other former members of the
AC Pilots Plan and the CAIL Pilots Plan but shall not be construed to represent such
beneficiaries.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 214
Appendix 1 to the Pension LOU
WHEREAS the Company administers ten defined benefit registered pension plans (the
“Plans”);
WHEREAS ACPA represents approximately 3,000 pilots;
WHEREAS in 2009 the parties agreed, along with the other Canadian-based unions, to
temporary solvency deficit funding relief, following which the Government of Canada adopted
the Air Canada Pension Plan Funding Regulations, 2009, which will expire in 2014;
WHEREAS the Federal Government continued to request that Air Canada and its Canadian-
based unions engage in discussions to address the long-term sustainability of the pension
plans;
WHEREAS the parties are committed to the sustainability of the Air Canada pension plans
over the long term;
WHEREAS the parties recognize that a reduction in the Company’s pension funding
obligations is required;
NOW THEREFORE, the Company and ACPA agree as follows:
1. The Company and ACPA shall vigorously support regulations under the Pension Benefits
Standards Act, 1985 (the “Special Regulation”) that provide for the funding relief set out
below. The Company and ACPA shall cooperate, act diligently, and take all actions
required to implement this agreement and obtain enactment of the Special Regulation,
including, without limitation, the making of representations to any governmental authority
in support of implementation of the agreement and enactment of the Special Regulations.
2. In each plan year for the period from January 1, 2014 to December 31, 2023, the
aggregate past service contribution in respect of solvency deficits and going concern
unfunded liabilities for all Plans combined shall equal the lesser of:
(a) $150 million; and
(b) the maximum past service contribution permitted under the Income Tax Act.
3. The past service contribution described in section 2 will be determined on a Plan-by-Plan
basis, with the contribution to a particular Plan being the pro rata share of that Plan’s
solvency deficit to the aggregate solvency deficit for all the Plans in solvency deficit, all as
determined as at January 1 of each year, where such solvency deficit:
(a) is determined as the solvency liabilities less the market value of the assets of the
Plan, as determined by the Company’s actuary; and
(b) shall not be less than zero for any Plan.
For further clarity, should a Plan have a solvency surplus, such Plan shall be excluded
from the pro rata allocation of the past service contribution.
4. The past service contribution to be made to each Plan during a Plan year shall be paid in
equal monthly instalments, except that the past service contribution determined in a
valuation will remain in effect until the next valuation is filed. When the next valuation is
filed, there will be a retroactive adjustment made at the next scheduled remittance date.
5. Air Canada may elect to have past service contributions determined, for that Plan year, in
respect of all Air Canada pension plans collectively, in accordance with the Pension
Article 34 – Letters (Rev. 4 – 30 Sep 17) 215
Benefits Standards Act, 1985, and any applicable regulations thereunder rather than the
amounts provided under the Special Regulation.
6. It is a condition of this agreement, and the Special Regulation shall so provide, that there
will be no outstanding deemed trust relating to the Plans, except:
(a) if and when any contribution required by the application of this agreement is not
remitted to the Plan by the due date described herein; or
(b) in respect of amounts deducted by the Company from members’ remuneration that
are not remitted to the Plan when due.
7. Actuarial methods and assumptions to be employed shall be at the discretion of the
actuary, within the standards of the Canadian Institute of Actuaries.
8. This agreement shall form part of the Company’s Collective Agreement with ACPA.
9. All dollar amounts expressed herein are expressed in Canadian dollars (CAD).
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
____________th day of _______________.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 216
LETTER OF UNDERSTANDING NO. 78
between
Air Canada (the “Company”)
and
Air Canada Pilots Association (“ACPA”)
Joint Implementation Committee
WHEREAS in September 2014 the parties modified the Collective Agreement to clarify or
introduce certain obligations related to scheduling, CMSC and PBS.
WHEREAS some of these obligations will require information systems upgrades before they
can be implemented (the “Obligations”);
WHEREAS the time required to effect the information systems upgrades is unknown at the
time of signing this LOU;
NOW THEREFORE the Parties agree as follows:
1. A Joint Implementation Committee (“JIC”) will be created;
2. Taking account of the availability of suppliers, products and services, the JIC will
prioritize the Obligations and determine the anticipated time needed to effect the
required information systems upgrades relevant to each;
3. On the basis of the prioritization and determinations in paragraph 2, the JIC will set
a reasonable implementation date for each Obligation (the “Implementation
Dates”);
4. The Obligations shall not come into effect before the applicable Implementation
Dates.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 217
LETTER OF UNDERSTANDING NO. 79
between
Air Canada (the “Company”)
and
Air Canada Pilots Association (“ACPA”)
B-737 Pay Rates
WHEREAS the Company and ACPA (“Parties”) have agreed to amend the Agreement with
respect to the matters set out in this Letter of Understanding (LOU);
NOW THEREFORE the Parties agree as follows:
1. The pay rates for the B737 will be calculated in accordance with A12.04, with the
Flying Pay being equal to the A-320, and the Mileage and Weight Factors being
equal to all other aircraft at mainline. For further clarity, as the Flying Pay for the
B737 has already been established, A10.11 will not apply.
2. Once the weight and speed of this aircraft is determined, these values will be
entered into the weight and speed formulas outlined in A12.04.02.01 to determine
the B737 rates.
3. The rates for the B737 will be based on the weight of the B737-8 series of the
aircraft until a heavier B737 series of the aircraft is being flown by Air Canada.
Once a heavier B737 is flown by Air Canada, the rates for all B737 will be based on
the weight of the heaviest B737 aircraft in the Air Canada fleet.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 218
LETTER OF UNDERSTANDING NO. 80
between
Air Canada
and
Air Canada Pilots Association
Scheduling – Unintended Outcomes
PBS removal of T48’s and T72’s:
The removal of the off-duty periods in PBS (previously A27.13) is intended to improve the
quality of the PBS solutions without increasing the risk of pay protection events on day of
flight. In the event this modification to the PBS system gives rise to this or other unintended
outcomes the T48’s and T72’s will be reprogrammed into the PBS system. By mutual
agreement, the PBSC may implement another cost neutral solution.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 219
LETTER OF UNDERSTANDING NO. 81
between
Air Canada
and
Air Canada Pilots Association
Scheduling – Netline Adjustments
Netline removal of 80 in 408:
Upon implementation of the PBS changes outlined in A27.13.01.07.03 (modify CARs 3
consecutive days off in 17 consecutive days to 4 consecutive days off in 17 consecutive
days) the CARs 80 in 408 rule will be removed from Netline.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 220
LETTER OF UNDERSTANDING NO. 82
between
Air Canada
and
Air Canada Pilots Association
Implementation of Course Rights for Inactive Pilots
As a result of changes to A20 amending the ability to modify the Designated Position and
Course Right usage by inactive pilots, for the purpose of implementation, for an inactive Pilot
who has not been provided Course Rights through LOU 76 (those who have been inactive
since prior to July 30, 2012), the following will apply:
1. Prior to returning to active status, and subject to CMSC agreement, the Pilot may
elect to assume any Position that he would have been eligible to be awarded on
previous bids and may change his DB provided his seniority would allow such a
move without a Group reduction. A Pilot will be deemed active once he has made
this election; and
2. Once the election is made, the Pilot will be granted the Course Rights as described
in LOU 76 for his elected Position; and
3. The Pilot will not be charged a Course Right to be trained to his elected Position.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 221
LETTER OF UNDERSTANDING NO. 83
between
Air Canada
and
Air Canada Pilots Association
900 Hour Guarantee
Each Pilot under formula pay is guaranteed a combined 900 PBS Block Credit and block
growth credit hours annually (the “Guarantee”). The Guarantee is reduced by 75 hours for
each Block Period for which the Pilot was not a Blockholder in PBS for the complete Block
Period because:
• He was a PoR;
• He was on a VBR, LOA or on GDIP;
• He was retiring or receiving IOE or a QOE; or
• He was awarded a block of less than 57 hours.
In the case of a Pilot being awarded a Block below MBG, the PBS Block Credit will be
calculated from the MBG for the Block Period. Block growth credits below MBG do not apply.
Example 1: DBM 72 hours/ MBG 63 hours /Block Growth 3 hours
A Pilot is awarded a Block with 61 Block Credit hours in PBS and accrues 3 hours of block
growth for a total block projection of 64 hours. His combined PBS Block Credit, as calculated
from the MBG, and block growth hours for that Block Period will be 64 hours for the purposes
of the yearly Guarantee.
Example 2: DBM 72 hours/ MBG 63 hours / no Block Growth
A Pilot is awarded a Block with 61 block credit hours in PBS and does not accrue any block
growth for a total block projection of 61 hours. His combined PBS Block Credit, as calculated
from the MBG, and block growth credit hours for that Block Period will be 63 hours for the
purposes of the yearly Guarantee.
The Guarantee will be calculated from June 2nd to June 1st in any given year.
This Guarantee will be calculated retroactive to June 2, 2014 and will be in effect until June
1st, 2017 inclusive.
Following reconciliation of the foregoing, any amount owing will be cash cleared within 60
days of June 1st.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2014.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 222
LETTER OF UNDERSTANDING NO. 84
between
Air Canada
and
Air Canada Pilots Association
ACrouge Course Right
L84.01 Upon ratification of the 2017-2020 Collective Agreement, a Pilot will be given a
ACrouge 319 Captain course right (r319C CR) and a ACrouge 767 Captain course right
(r767C CR) under following conditions:
L84.01.01 He does not have a unrestricted (UR) CR or it is committed; and
L84.01.02 He does not have a Narrow Body Captain (NC) CR or it is committed;
and
L84.01.03 His Qualified Position (QPOS) is Wide Body FO (WF) or mainline NC
position; or
84.01.03.01 He has not completed his training to a WF or mainline NC
position by the ratification date; or
84.01.03.02 He has started training to a WF or mainline NC position by the
closing date of the first Crew Requirement Bulletin (CRB)
review after the ratification date.
84.02 For clarity a Pilot who has started training the CR associated with this move is
considered spent for the purpose of this LOU and therefore this Pilot would qualify
under 84.01.02
84.03 A Pilot will forfeit the r319C CR or the r767C CR when he foregoes an opportunity
to be awarded to the applicable ACrouge Captain position on his Base.
84.04 Both the r319C CR and the r767C CR will be considered spent upon the award of
either the ACrouge 319 Captain Position or the ACrouge 767 Captain Position.
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2017.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 223
LETTER OF UNDERSTANDING NO. 85
between
Air Canada
and
Air Canada Pilots Association
Flex DBM to 88
WHEREAS the maximum DBM is 85 hours;
AND WHEREAS the Company requires the ability to manage the operation under
exceptional circumstances;
AND WHEREAS it is not always possible to address exceptional circumstances through
training in advance;
NOW THEREFORE the parties agree to the following:
1. The Company will be permitted to increase the DBM to a maximum of 88 hours at
mainline subject to the following:
a. An 86-88 hours DBM may be used once per calendar year for 2 consecutive
months on one aircraft type, on any, or all seats.
b. A 86-88 hours DBM cannot be used more than once every 3 calendar years
on the same aircraft type.
c. This provision will not be used in CMSC crew planning requirements.
d. The MBG will be increased accordingly for Blockholders and PoRs based on
the following table:
MBG
DBM
Block / Reserve
86 74 / 78
87 75 / 79
88 76 / 80
e. The Primary Constraint Window will be +1/-5. A27.14.02.01 will not apply
when the DBM is 88. All other blocking parameters will apply.
f. Pilots on Reserve will not be assigned flying beyond a 90-hour maximum limit
at Step 3 of the Open Time Award process.
g. Hours above 85 (including block growth above 85 hours) do not count for the
purposes of the 900 Hour Pay Guarantee.
h. Hours above 85 do not count for the purposes of the total hours for the 12-
month period as per A26.03.04.01.
i. For VO awards, the VO Premium for Step 4 will be applied at 85 hours and
above.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 224
j. The 85 Hour Premium as per A13.06 remains in effect
IN WITNESS WHEREOF, the parties hereto have signed this Letter of Understanding this
30th day of September, 2017.
FOR: AIR CANADA FOR: AIR CANADA PILOTS ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 225
LETTER OF COMMITMENT 57 – AUTOMATED AWARDS
July 30th, 2012
Captain Jean-Marc Belanger
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Belanger:
This letter will confirm the parties’ agreement that after August 1st 2012, the Company and the
Association will continue discussions regarding the merits of implementing an automated
system for administering open time awards. Such a system will be implemented if it is
decided by both parties that it is both feasible and cost neutral.
Yours truly,
Harlan Clarke,
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 226
LETTER OF COMMITMENT 60 – PILOT PAY
AMENDED September 30, 2017
July 30th, 2012
Captain Jean-Marc Belanger
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Belanger:
Re: Implementation of the new Pay System
This letter confirms the parties’ agreement that, with implementation of the 2011 Collective
Agreement, a transition process will be implemented in order to facilitate the introduction of
A12. This transition process, outlined below, will commence as of August 1st, 2012 based on
the results of the most recent CMSC Review prior to August 1st, 2012.
As of August 1st, 2012, all Relief Pilots who are part of the LOU 63 Position Group on
July 31st, 2012 will be assigned a “virtual pay position” based on the floor PG hourly rate.
On July 31st, 2012, all other pilots will be assigned a “virtual pay position” based on the
hourly rate associated with their QPOS, or APOS upon reaching their AD.
The “virtual pay position” will be subject to all pay progression as per A12 of the Collective
Agreement as well as the applicable annual increases.
A Pilot assigned to a virtual pay position will be considered as Grandfathered Pilots (GF).A
Pilot assigned a virtual pay position will be paid the greater hourly rate of the following:
1. The July 2012 hourly rate for his virtual pay position (including the floor PG hourly
rate); or
2. The appropriate hourly rate for his Position as per A12.
A Pilot’s virtual pay position will expire at the earliest of:
1. the first Block Period in which the Pilot is paid the A12 Rates. This will occur when
the A12 Rate is higher than the hourly rate of the virtual pay position as per point 2
above; or
2. when a Pilot reached his AD to a Position they obtained on the CMSC Review after
August 1st, 2012.
The following rules will apply to GF pilots:
1. GF pilots (in their first four years of service and hired pre-FOS) who are awarded a
higher rated position are eligible for previous GF rates, until their new QPOS (or APOS if
pay activated) pay scale is greater.
2. A force reduced Pilot that moves to a lower rated position will receive GF rates for the
new position if, at the start of the bid, there is a junior Pilot receiving GF rates.
3. GF Pilots who move on pure base transfers will not lose their GF status. They will not
trigger anyone else for GF in their new base nor will they cause a Pilot to lose his GF
rates on his old Position.
4. A forced reduced Pilot that moves to a higher rated position within the same category
will receive his old GF rates or the new rates (not GF rates) whichever is higher.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 227
5. A pilot reinstating using an RIR shall be eligible for GF if when he was force reduced he
was eligible for GF in this position.
6. A Pilot who is returning from inactive status will receive GF rates if there is a junior pilot
receiving GF rates.
7. Pilots who are force reduced and move to a higher or lower rated position on the same
Base on a subsequent bid prior to being trained or pay activated will still be considered
force reduced and will be covered by paragraphs 2 and 4 above.
8. GF PG pilots (in their first four years of service and hired pre-FOS) who are forced
reduced and move to a RP position will continue to be eligible for GF rates until their
new QPOS (or APOS if pay activated) pay scale is greater.
Yours truly,
Harlan Clarke
Director, Labour Relations
AMENDED September 30, 2017.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 228
LETTER OF COMMITMENT 61 – EXPEDITED GRIEVANCE AND ARBITRATION
PROCESS
September 30, 2014
Captain Geoff Wall
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Wall:
This letter will confirm the parties’ agreement that after October 31, 2014 the Company and
the Association will meet to discuss establishing a defined expedited grievance and
arbitration process consistent with the provisions of A7.12 of the Collective Agreement.
Yours truly,
Ian Pollack
Manager, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 229
LETTER OF COMMITMENT 63 – SPB SYSTEM IMPROVEMENTS
September 30, 2014
Captain Geoff Wall
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Wall:
This letter will confirm the parties’ agreement that, after October 31, 2014, the Company will
pay for up to $50,000 worth of improvements to the SPB system.
Yours truly,
Captain Steven Duke,
Senior Director, Flying Operations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 230
LETTER OF COMMITMENT 64 – FAMILY IN THE FLIGHT DECK
September 30, 2014
Captain Geoff Wall
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Wall:
In the event a change to Transport Canada regulations permit family members to travel in a
flight deck jumpseat, Air Canada will meet with ACPA to discuss the implementation of a
process to accommodate this change in regulations.
Yours truly,
Captain Eddy Doyle,
Managing Director, Flight Operations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 231
LETTER OF COMMITMENT 65 – UNINTENDED CONSEQUENCES –
SCHEDULING RULE CHANGES
August 1, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
6299 Airport Road, Suite 205
Mississauga, Ontario
L4V 1N3
Dear Captain Vaillant:
The parties acknowledge that numerous changes were made to the Scheduling Rules as well
as other associated rules. Some changes were simply editorial to clarify application. Other
changes were negotiated to change intent and application.
Accordingly, in the event any of these changes give rise to unintended consequences, the
Joint Scheduling Committee will meet to clarify the application and, if necessary, resolve any
issues on a cost neutral basis.
Yours truly,
Giuseppe Morello,
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 232
LETTER OF COMMITMENT 66 – 50th PERCENTILE
August 1, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement regarding schedule or better, such that the
pairings and the PBS monthly schedule will be based on at least the 50th percentile for the
leg. This will apply to both published and day of flight pairings. The Company will be able to
publish at a different percentile.
In the event that this gives rise to unintended consequences, the parties agree to meet and
discuss its impact and address Pilot concerns as required.
Yours Truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 233
LETTER OF COMMITMENT 67- ACrouge AO CALCULATION
August 10, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement that they have agreed to meet and consider the
feasibility, benefits and concerns associated with calculating AO, for the purpose of AO
distribution, and the premium that was applied as a multiplier.
Yours Truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 234
LETTER OF COMMITMENT 68- ACrouge Vacation
August 10, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement that ACPA has expressly reserved its right to
revert to a socialized vacation bidding process for pilots at ACrouge in advance of the 2019
implementation date for seniority based vacation.
Yours Truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 235
LETTER OF COMMITMENT 69- ACPA MEPP MOA #2
Pension Memorandum of Agreement (MOA)
between ACPA and Air Canada
Pension Payback – Disability Leave and other Eligible Leaves and
General Administrative Procedures
MOA #2
WHEREAS further to MOA #1 between ACPA and Air Canada dated July 24, 2017 entitled
Canada-Wide Industrial Pension Plan – Specified Multi-Employer Pension Plan (MOA #1), the
parties have outlined terms under which the Pilots Defined Contribution Plan (Pilots DC Plan)
may be transferred to the Canada-Wide Industrial Pension Plan (CWIPP) – Specified Multi-
Employer Pension Plan (MEPP) so that all employees participating in the Pilots DC Plan and
all new employees (where the collective bargaining agent is ACPA), will participate in the
CWIPP MEPP and subsequently, the Pilots DC Plan shall be terminated); and
WHEREAS this MOA #2 sets out general administrative procedures and the proposed terms
under which ACPA members participating in the CWIPP MEPP further to MOA#1 would be
eligible to payback their allowable pension contributions into the CWIPP MEPP following their
return to work after a disability leave eligible under the Air Canada Group Disability Income
Plan – Pilots (covering work-related illness and injury and long-term, “Disability Leave”) and
other eligible leaves (combined, all referred to as “Leave(s)”).
1. The parties agree that the over-arching principle of this MOA #2 is that the
proposed Leave payback would only be applied to the extent allowed under
applicable legislations and subject to being cost-neutral to Air Canada, (i.e. not
costing more for Air Canada than if the applicable employee had remained in active
service).
2. As provided in MOA#1, prior to the transfer of the assets of the Pilots DC Plan to
the CWIPP MEPP, the DC Pilots shall have a choice of transferring such DC Plan
funds into a LIRA (Transition Phase), with all new subsequent contributions going
into the CWIPP MEPP. Air Canada shall communicate to the DC Pilots the choices
and mechanics thereof that will be made available to them during the Transition
Phase.
3. Further to section 2 of MOA #1, effective January 1, 2018, Air Canada’s sole and
exclusive obligations for the purposes of the CWIPP MEPP and CWIPP itself will
be to:
a. Remit to CWIPP its Employer Contributions (being same as the current
amounts), such amounts being equal to:
i. 6% of salary (less than 2 years of service)
ii. 8.25% of salary (more than 2, less than 5 years of service)
iii. 10.5% of salary (5 years of service and above)
b. Remit to CWIPP after deduction from pay Employee Contributions,
(subject to being increased from current amounts as per the conditional
agreement of July 14, 2017), such amounts being equal to:
i. 6% of salary (less than 2 years of service)
ii. 7.5% of salary (more than 2, less than 5 years of service)
iii. 7.5% of salary (5 years of service and above)
Article 34 – Letters (Rev. 4 – 30 Sep 17) 236
In addition, Air Canada will determine on an annual basis, Pension Adjustments
(PAs) for all Air Canada employees participating in the CWIPP, subject to a few
exceptions as described in section II of the enclosed Appendix 1.
4. The periods and terms of the proposed payback are as follows, (Administrative
Procedure to be found in the Appendix 1):
a. The Pilot will have the option to contribute for the period on Leave and
will make his/her election upon return from such Leave. If the pilot elects
to payback contributions for the period on Leave, Air Canada will make
their required Employer Contributions at or about the same time that the
employee is paying back their contributions upon return from such Leave
b. Periods eligible for the Employer Contributions while on Disability Leave
are:
i. Work-Related Illness and Injury: The entire period of absence
ii. Long-Term: Up to 3 block months for other sick leaves (since
the first block month is under short-term disability (i.e. the 30-
day waiting period) and the next 3 block months are under
long-term disability leave, the Air Canada Group Disability
Income Plan – Pilots)
c. Eligible periods of payback are defined as per the minimum legal
requirements as defined in the Canada Labor Code and as such current
rules are reflected in Section IV of Appendix 1.
d. Payback of full and partial block months are accepted
e. For the payback of full block months of Leaves, the pilot will pay the
selected rate of contributions on the Notional Earnings. The Notional
Earnings are defined to be the maximum between the average of the
Actual Compensation of the last 3 consecutive block months and the last
12 consecutive block months, provided that the deemed compensation
or Notional Earnings do not exceed the compensation prescribed for this
purpose by the Federal Income Tax Act. If the employee has less than
12 full block months of contributions, the number of full block months of
actual contributions shall be used
f. For the payback of partial block months of Leaves, the pilot will pay the
selected rate of contributions on the difference between the Notional
Earnings and the Actual Earnings. If the difference is $0 or less (i.e. the
Actual Earnings are higher than the Notional Earnings), then no payback
will be allowed for that partial block month
5. Air Canada shall have no obligations unless it is satisfied that the following conditions
are and continue at all times to be met:
a. The Leave(s) contributions (members and Air Canada) shall at all times
not exceed the amount allowed under applicable legislations and all
regulatory approvals, if any, shall have been obtained and maintained.
6. The administrator of the CWIPP shall comply with section V and VI of the enclosed
Appendix 1 with respect to personal information and administrative tasks.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 237
FOR AIR CANADA
___________________________ ____________________
Date
FOR THE ASSOCIATION
___________________________ _____________________
Capt. Kevin Vaillant Date
MEC Chair, ACPA
Article 34 – Letters (Rev. 4 – 30 Sep 17) 238
APPENDIX 1
Administrative Procedure for the
Payback of Pension Contributions for Eligible Approved Leaves and other General
Administrative Procedures
I. DEFINITION
“ACPA” means Air Canada Pension Association
"Employer" means Air Canada.
"Fund Office" means the administrator of the CWIPP.
"Plan" means the Canada-Wide Industrial Pension Plan (CWIPP).
"Pension Contributions" means the contributions that would otherwise have been made to
the Plan by and on behalf of the employee in respect of a period of approved leave, in the
absence of
such leave.
"Required Contributions" means the amount of employee contributions required to payback
Pension Contributions for a period of an approved leave.
II. GENERAL RULES
1. Processes and Conditions
• When an employee goes on an approved Leave, the Employer will advise the
employee of the option to payback Pension Contributions in the Plan for the period
of Leave. The authorized leave package that the Employer distributes to the
employee will include directions to receive appropriate further information.
• The Employer will provide the Fund Office on a timely basis the information related
to the Leave, (start date, end date, type of leave, etc.)
• Subject to the terms of Part VI below entitled Personal Information – Transfer to
Fund Office, the Employer will provide the necessary information to the Fund Office
to administer this MOA#2. The Employer and the Fund Office will determine the
information to be exchanged so as to ensure effective and efficient administration
of this MOA#2.
• The right to payback will apply to partial block months and full block months of an
approved Leave.
• An eligible employee who fails to submit an application within the stated time (90
days) will be deemed to have elected not to payback the relevant Pension
Contributions and will have no other opportunity to do so thereafter.
• An employee who wishes to payback Pension Contributions for an approved Leave
can access the Plan's website to determine the Required Contributions and
download the application form and appropriate information.
• The Fund Office will be responsible for calculating the cost of the payback.
• The Employer will be responsible for calculating and reporting PAs for all Air
Canada employees who participate in the CWIPP. However, the Fund Office will be
responsible for calculating revised Pension Adjustments PAs or Past Service
Pension Adjustments PSPAs, (if applicable), for employees who elect to payback
contributions. The Employer shall be advised by the Fund Office of revised PAs no
later than January 15th of the year following which the employee paid back
Article 34 – Letters (Rev. 4 – 30 Sep 17) 239
contributions (so that the Employer may load such information into the T4s within
the required delays).
Employer Contributions
• The Fund Office will provide the Employer with information and documentation
regarding
an employee's election and the Employer will remit matching contributions to the
Fund
Office as appropriate.
2. Payment of Required Contributions
• Required Contributions are remitted through payroll deductions or a single lump
sum
payment (by one certified cheque or one money order) after the employee returns
to work.
• Where contributions are made via payroll deductions after the employee returns to
work,
the deductions will be made at a fixed rate of $300 per pay or 2% of his/her
pensionable earnings, at the choice of the Fund Office. The employee may request
a higher deduction. Exceptionally, subject to consent from the Employer, the
employee may also request that a lower than $300 per pay or 2% of his/her
pensionable earnings deduction be made. Payroll deductions will continue until the
balance of the employee's Required Contributions is paid in full other than as noted
below.
• In the event of retirement, termination or death before the Required Contributions
have been paid in full, the member, or surviving spouse, will be given an option to
pay the outstanding amount and to the extent such option is exercised, the
Employer will remit matching contributions to the Fund Office accordingly. If the
member or surviving spouse do not payback the Required Contributions within the
prescribed period, the pension benefits calculated will take the contributions on file
only.
III. SICK LEAVE (SHORT TERM LEAVE)
• An employee who is on paid sick leave (short term leave) under the Employer's
sick leave plan will not need to payback Pension Contributions for the sick leave as
employee contribution deductions and Employer Contributions will be maintained
for the period of the paid sick leave.
IV. ALL LEAVES:
(i) WORK-RELATED ILLNESS AND INJURY LEAVE AND
WORKERS' COMPENSATION BENEFITS (WCB)
(ii) PERIODS RECEIVING BENEFITS FROM GROUP DISABILITY
INCOME PLAN
(iii) OTHER ELIGIBLE LEAVES: MATERNITY / PARENTAL /
CHILDCARE / ADOPTION LEAVE / CHILD HOSPITALIZATION
AND CARE OR SUPPORT OF A CRITICALLY ILL CHILD LEAVE /
COMPASSIONATE CARE LEAVE / LEAVE RELATED TO DEATH
OR DISAPPEARANCE OF A CHILD
Article 34 – Letters (Rev. 4 – 30 Sep 17) 240
• Once contributions have commenced, the election cannot be cancelled although, at
the discretion of the Fund Office, the payment amounts may be changed subject to
minimum requirements. The period that can be bought back will be as per the
minimum legal requirements as defined in the Canada Labor Code only.
Employer Responsibilities
• Notify the employee of the payback option as per the General Rules.
• Notify the Fund Office of an approved Leave and the commencement and
termination dates of Leave.
• Make the appropriate payroll deductions and remit the Employee and Employer
Contributions to the Fund Office.
Employee Responsibilities
• Submit the required application to the Fund Office within 90 days of returning to
work, or such lesser period as the Fund Office may require and will have no other
opportunity to do so thereafter.
• Where a lump sum payment is elected, remit the Required Contributions within a
reasonable time period.
Fund Office Responsibilities
• Upon receipt; send the Employer a copy of the application/election form if the
Employer requests it. Such copy will be in the format requested by the Employer
(electronic, paper), at the discretion of the Employer.
• The Fund Office will be responsible for reporting and for calculating revised PAs or
PSPAs (if applicable). Such revised PAs or PSPAs shall be notified to the
Employer.
V. PERSONAL INFORMATION – TRANSFER TO FUND OFFICE
Privacy. ACPA and the Employer acknowledge and agree that for the purposes of
undertaking the commitments in MOA#1 and #2, the Employer may provide personal
information about identifiable individuals (Personal Information) to the Fund Office
and/or CWIPP.
By signing this MOA #2, ACPA hereby represents and warrants to the Employer that
as a pre-condition to the Employer providing such Personal Information to the Fund
Office and/or CWIPP, ACPA will:
1. Further to applicable privacy legislation, obtain the consents from all
applicable pilots for such collection, use and disclosure of their Personal
Information by the Employer to the Fund Office and/or CWIPP.
2. Ensure that the Fund Office, CWIPP and their agents will treat Personal
information as follows:
a. Be responsible for complying with all applicable privacy
legislation,
b. will refrain from requesting Personal Information beyond what
is necessary to fulfil the purposes of providing the CWIPP
MEPP, as provided for in MOA #1 and this MOA #2 and shall
not use any Personal Information on its own behalf or for its
own purposes,
Article 34 – Letters (Rev. 4 – 30 Sep 17) 241
c. shall adopt technological, physical and organizational security
measures required to protect the Personal Information against
loss, theft, unauthorized access, disclosure, copying, use or
modification,
d. shall take appropriate measures to protect against
contamination and diffusion of viruses, worms, trojans or
similar items into Employer’s systems through industry
recommended application of industry recognized software and
tools,
e. that Personal Information will only be used, accessed,
managed or otherwise processed only to fulfill the purposes for
which it was made available to the Fund Office and/or CWIPP
and/or its agents and will not be transferred, disclosed or
accessed by any third party without the express written
consent of the Employer. The Fund Office and CWIPP shall
ensure that any third party who is provided access to Personal
Information, or Personal Information is transferred or disclosed
to is bound by the applicable terms of these provisions,
f. will not access, use, store, process, record, transfer, disclose,
retain, dispose of, destroy, manage or otherwise handle any
Personal Information outside of Canada without Employer’s
prior written consent,
g. to the extent applicable under privacy legislation, implement,
keep and maintain security logs and records (in accordance
with any prescribed regulations that apply to the ACPA pilots)
the details of every loss or theft of, unauthorized access, or
disclosure of Personal Information that has been provided by
the Employer to the Fund Office, CWIPP or their agents,
h. promptly notify the Employer without delay and no later than
four (4) hours of the Fund Office, CWIPP or their agents having
any knowledge of, suspects, detects or is notified of any actual,
potential or attempted security breach or security incident
involving Personal Information provided further to this MOA#2.
Fund Office, CWIPP and their respective subcontractors shall
take commercially reasonable efforts to prevent any further
security incident, and as soon as reasonably practicable (and
in any event within forty-eight (48) hours) describe in detail to
the Employer the nature and circumstances of the security
incident (including the duration of the security incident), the
type of Personal Information involved, the number of records
involved and persons affected, the cause and likely
consequences of the security incident and the measures taken
by Fund Office, CWIPP or their agents to contain and mitigate
any adverse effects of the security incident,
i. to reasonably co-operate with the Employer in connection with
access requests for Personal Information, and
j. will upon conclusion of the ACPA Pilots participation in the
CWIPP MEPP promptly return to the Employer or destroy all
Personal Information unless otherwise instructed by the
Employer or unless required by law.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 242
VI. ADMINISTRATIVE TASKS
The Fund Office will be responsible for all the administrative tasks (including
having a call centre available to the members) required in order to administer the
day-to-day and life events(s) processes (e.g.
termination/retirement/death/divorce-separation-common law designations
packages, pension beneficiary designations, etc.), all in accordance with
applicable (provincial and/or Federal) legislation(s).
Article 34 – Letters (Rev. 4 – 30 Sep 17) 243
LETTER OF COMMITMENT 70- Hourly Expense System
August 1, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement that during the 2017-2020 Collective Agreement
the parties agree to meet and discuss the benefits and difficulties, both administrative and
substantive, of moving toward an hourly expense system.
Yours truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 244
LETTER OF COMMITMENT 71- ACrouge Open Time IT Solution
August 1, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement that during the 2017-2020 Collective Agreement
the parties agree that the Company will use all best efforts to implement an information
technology solution at ACrouge that will display open time to pilots on a real time basis.
Yours truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 245
LOC 72- DSC Administration
July 28th, 2017
Captain Kevin Vaillant
MEC Chair
Air Canada Pilots Association
5935 Airport Road, Suite 600
Mississauga, Ontario
L4V 1W5
Dear Captain Vaillant,
This letter will confirm the parties’ agreement to meet within 30 days after
ratification to discuss, finalize and execute an agreement that will assist the parties
with the administration of the MEC and President DSC allocation.
Yours Truly,
Giuseppe Morello
Director, Labour Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 246
APPENDIX B
Preamble:
ACPA represented pilots shall participate in the Profit Sharing and Incentive Plan, described
below, No payout shall be owing to Pilots under one or the other program unless the criteria
for that program have been met. The amount available to be paid to Pilots will be established
annually, based on the calendar year, in accordance with the provisions below. Pilots will only
receive payments from one or the other of Profit Sharing and the Incentive Plan in any given
calendar year. The Pilots will receive payments from whichever of Profit Sharing and the
Incentive Plan provides to the Pilots, in the aggregate, the greatest payout.
Payments of any awards to Pilots under Profit Sharing or the Incentive Plan shall be made
before June 30th so long as, in the case of the Incentive Plan, ACPA has provided to Air
Canada the necessary information about how much is to be paid to each eligible Pilot
sufficiently in advance of June 30 for Air Canada to be reasonably able to process such
payments. Delays beyond the time established by Air Canada for ACPA to provide the
required information shall result in the correlative extension of the time for Air Canada to pay
the Pilots, with payment being made on the next regularly scheduled pay date following
receipt of the information from ACPA which Air Canada can reasonably meet.
Profit Sharing:
The parties agree that Air Canada will provide a Profit Sharing Program for all
participating employees of Air Canada. Profit Sharing is calculated based upon the
following structure:
1. Profit sharing is based upon Adjusted Profits which is defined as the Consolidated
Net Income of Air Canada and its subsidiaries (hereinafter referred to as the
Corporation) as reported in Air Canada’s Audited Consolidated Annual Financial
Statements, excluding (to the extent included in Consolidated Net Income) the
following items:
a) any provision for or recovery of income taxes except that to the extent cash
income taxes are paid in any period then Adjusted Profits are net of cash
taxes paid on Adjusted Profits at the Corporation’s effective tax rate;
b) the cumulative effect of a change in accounting principles;
c) the amount of profit sharing expense recorded in Consolidated Net Income;
d) extraordinary, nonrecurring or unusual gains or losses;
e) any gains or losses related to asset impairments or any reversals of asset
impairments;
f) any gains or losses realized in connection with any sale or disposition of
securities or the early extinguishment of debt;
g) the net income or loss on an investment accounted for by the equity method
of accounting will be included only to the extent of the amount of dividends or
similar distributions paid in cash to the Corporation;
h) the cumulative effect of a change in accounting principles;
i) any unrealized foreign currency translation gains or losses (including gains or
losses related to currency re-measurements on financial assets and liabilities
of the Corporation);
j) any gain or loss incurred arising from the sale, exchange or other disposition
of capital assets by the Corporation (including any fixed assets, intangible
assets, all inventory sold in conjunction with the disposition of capital assets
including any fixed assets); and
k) all integration costs, transactional costs, expenses and charges incurred in
connection with the consummation of any transaction related to any
acquisition, merger, or any investment
2. Profit sharing will be as follows and based upon the definition of Adjusted Profits as
defined above:
(i) 7.5% of Adjusted Profits.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 247
3. Calculated annually, paid by June 30th of the following year.
4. Allocation based upon each employee’s base salary earnings received during the
plan year.
5. The Profit Sharing Program will be implemented effective with the 2015 plan year.
Incentive Plan:
ACPA Incentive Plan (effective January 1, 2015):
1. Aggregate incentive award determined each year based on annual EBITDAR and
revenues published in Air Canada’s Financial Statement MD&A
2. ‘EBITDAR Target’ for purposes of this plan is defined as 15% of actual revenues
3. Aggregate Incentive award based on company achieving an EBITDAR equal to or
greater than 90% to 110% of EBITDAR Target (or EBITDAR of 13.65% to 16.5% of
revenues)
4. Size of award established at 4% of ACPA payroll if EBITDAR target is achieved;
0% if 90% or less of the EBITDAR target is achieved; 8% of ACPA payroll if 110%
or more of the EBITDAR Target achieved, and prorated linearly in between points
5. The Company’s distribution of the Award to each pilot will be determined and
calculated by ACPA, and split between % of salary (higher paid pilots get larger
payout) and flat payment (% of payroll distributed evenly). The total of individual
awards shall not exceed that of the aggregate incentive award.
6. Individual awards may be paid out in cash or shares of equivalent value or
combination of the two, as determined by the Company
Illustration (when revenue is $15B and 15% EBITDAR target is $2.25B):
All ACPA represented pilots get a bonus if EBITDAR target is achived
Payout Revenue EBITDAR Target ACPA Payroll Members
Avg Bonus if Target hit 4% $ 15,000,000 $ 2,250,000 $ 442,000 3,000
Cap on avg bonus 8%
Percentage of EBITDAR targetIncentive Payout EBITDAR EBITDAR % % target bonus Total Payout Average Payout
90% 0% (000s)
91% 0.40% $ 2,047,500 13.7% 10% $ 1,768 0.09% $ 589.33
92% 0.80% $ 2,070,000 13.8% 20% $ 3,536 0.17% $ 1,178.67
93% 1.20% $ 2,092,500 14.0% 30% $ 5,304 0.25% $ 1,768.00
94% 1.60% $ 2,115,000 14.1% 40% $ 7,072 0.33% $ 2,357.33
95% 2.00% $ 2,137,500 14.3% 50% $ 8,840 0.41% $ 2,946.67
96% 2.40% $ 2,160,000 14.4% 60% $ 10,608 0.49% $ 3,536.00
97% 2.80% $ 2,182,500 14.6% 70% $ 12,376 0.57% $ 4,125.33
98% 3.20% $ 2,205,000 14.7% 80% $ 14,144 0.64% $ 4,714.67
99% 3.60% $ 2,227,500 14.9% 90% $ 15,912 0.71% $ 5,304.00
100% 4.00% $ 2,250,000 15.0% 100% $ 17,680 0.79% $ 5,893.33
101% 4.40% $ 2,272,500 15.2% 110% $ 19,448 0.86% $ 6,482.67
102% 4.80% $ 2,295,000 15.3% 120% $ 21,216 0.92% $ 7,072.00
103% 5.20% $ 2,317,500 15.5% 130% $ 22,984 0.99% $ 7,661.33
104% 5.60% $ 2,340,000 15.6% 140% $ 24,752 1.06% $ 8,250.67
105% 6.00% $ 2,362,500 15.8% 150% $ 26,520 1.12% $ 8,840.00
106% 6.40% $ 2,385,000 15.9% 160% $ 28,288 1.19% $ 9,429.33
107% 6.80% $ 2,407,500 16.1% 170% $ 30,056 1.25% $ 10,018.67
108% 7.20% $ 2,430,000 16.2% 180% $ 31,824 1.31% $ 10,608.00
109% 7.60% $ 2,452,500 16.4% 190% $ 33,592 1.37% $ 11,197.33
110% 8.00% $ 2,475,000 16.5% 200% $ 35,360 1.43% $ 11,786.67
EXAMPLE: 15% EBITDAR MAX bonus
$ 2,946.67 % salary total $ 5,893.33 % salary total
Pilot makes
$ 300,000 $ 2,946.67 $ 6,000 $ 8,946.67 3.0% $ 5,893.33 $ 12,000 $ 17,893.33 6.0%
$ 250,000 $ 2,946.67 $ 5,000 $ 7,946.67 3.2% $ 5,893.33 $ 10,000 $ 15,893.33 6.4%
$ 150,000 $ 2,946.67 $ 3,000 $ 5,946.67 4.0% $ 5,893.33 $ 6,000 $ 11,893.33 7.9%
$ 75,000 $ 2,946.67 $ 1,500 $ 4,446.67 5.9% $ 5,893.33 $ 3,000 $ 8,893.33 11.9%
Article 34 – Letters (Rev. 4 – 30 Sep 17) 248
Appendix “B”
THIS PENSION MEMORANDUM OF UNDERSTANDING MADE AS OF THE 14 DAY OF
JUNE, 2009 (the “PENSION MOU”)
AMONG: AIR CANADA (the “Company”)
AND: AIR CANADA PILOTS ASSOCIATION (“ACPA”)
AND: CANADIAN AIRLINE DISPATCHERS ASSOCIATION (“CALDA”)
AND: NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
AND GENERAL WORKERS UNION OF CANADA (CAW-
CANADA), LOCAL 2002 (the “CAW”)
AND: CANADIAN UNION OF PUBLIC EMPLOYEES, AIRLINE
DIVISION (“CUPE”)
AND: INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS (the “IAMAW”) (ACPA, the CAW,
CALDA, CUPE and the IAMAW collectively the “Unions”)
AND: AIR CANADA PIONAIRS (the “PIONAIRS”)
WHEREAS the Company sponsors ten defined benefit registered pension plans (the
“Plans”);
WHEREAS the parties recognize that an alteration in the level of the Company’s pension
funding obligations is critical; and
WHEREAS the parties recognize that a reduction in the Company’s pension funding
obligations is therefore required;
WHEREAS the parties share the objective of preserving accrued pension benefits;
NOW THEREFORE, the Company, the Pionairs and the Unions agree as follows:
1. A regulation shall be adopted under the Pension Benefits Standards Act, 1985 (the
“Special Regulation”) stipulating the funding provisions of parts (a) and (b) below.
(a) 2009-2010
2. The Company shall have no obligation for, and shall not remit, any past service
contributions to any Plan for a 21-month period. Specifically:
(a) subject to paragraph 2(b) below, such non-contribution period shall commence with
the special payment that would otherwise be due July 30, 2009 in respect of the
second quarter of 2009;
(b) on or before August 14, 2009, a retroactive adjustment in respect of the special
payment in respect of the first quarter of 2009 will be made, with such adjustment
equal to the greater of zero and:
(i) the required contribution for the first quarter of 2009, assuming that the
Company opts out of the current Air Canada Pension Plan Solvency Deficiency
Funding Regulations in 2009 in respect of all remaining Plans and amortizes
the solvency deficiency for each Plan emerging in 2008 over 10 years, with
such deficiency determined by January 1, 2009 actuarial valuations; less
(ii) the past service contribution made on April 30, 2009 in respect of the first
quarter of 2009 in accordance with the January 1, 2008 actuarial valuations.
(b) 2011-2013
Article 34 – Letters (Rev. 4 – 30 Sep 17) 249
3. The aggregate annual past service contribution in respect of the period from January 1,
2011 to December 31, 2013, with respect to both solvency deficits and going concern
unfunded liabilities, for all the Plans combined shall equal the lesser of:
(a) $150 million, $175 million, and $225 million in respect of 2011, 2012, and 2013,
respectively; and
(b) the maximum past service contribution permitted under the Income Tax Act.
The first past service contribution after the 21-month non-contribution period will be
due April 30, 2011, in respect of the first quarter of 2011.
4. The past service contribution described in section 3 will be determined on a Plan-by-Plan
basis, with the contribution to a particular Plan being the pro rata share of that Plan’s
solvency deficit to the aggregate solvency deficit for all the Plans in solvency deficit, all as
determined as at January 1 of each year, where such solvency deficit:
(a) is determined as the solvency liabilities less the market value or market-related value
of the Plan, as determined by the Company’s actuary; and
(b) shall not be less than zero for any Plan.
For further clarity, should a Plan have a solvency surplus, such Plan shall be
excluded from the pro rata allocation of the past service contribution.
5. The past service contribution to be made to each Plan during a Plan year shall be paid in
equal quarterly instalments, except that the past service contribution determined in a
valuation will remain in effect until the next valuation is filed. When the next valuation is
filed, there will be a retroactive adjustment made at the next scheduled remittance date.
6. The past service contribution to be made during a Plan year shall be remitted on a
quarterly basis, and shall be due 30 days after the end of the period in respect of which
the contribution is paid.
7. During the term of this Pension MOU, the Company shall continue to make required
current service contributions to the Plans.
8. The Company shall not offset or reduce any contributions described in section 3 through
the use of any actuarial or experience gains, except to the extent they are limited through
the application of paragraph 3(b).
(c) 2014
9. Any solvency deficiency and/or going concern unfunded liability that exists as of
January 1, 2014 shall be deemed to have emerged as of January 1, 2014 and shall be
funded thereafter in accordance with the Pension Benefits Standards Act, 1985, and any
applicable regulations thereunder.
(d) Implementation of Funding Relief
10. The parties shall cooperate, act diligently, and take all actions required for the
implementation of this Pension MOU and to further its objectives.
11. The parties recognize that the suspension of past service contributions for the initial 21-
month period and the alternative determination of past service contributions for the
subsequent 36-month period require the adoption of the Special Regulation. Without
limiting the generality of section 10, the Company, the Pionairs and the Unions shall
cooperate in making the necessary representations to OSFI and the Department of
Finance to effect such adoption promptly and with effect no later than July 1, 2009 in
accordance with the following principles:
(a) the parties recognize that consultation with active non-union Plan members and with
former Plan members will be required;
Article 34 – Letters (Rev. 4 – 30 Sep 17) 250
(b) the funding relief described herein will be granted if less than one-third of all Plan
beneficiaries (other than those active Plan members represented by the Unions)
object;
(c) upon successful ratification, the Unions’ respective executions of this Pension MOU
shall be deemed to constitute consent on behalf of their respective members;
(d) the Company shall provide all active non-union Plan members and all former Plan
members with a short document satisfactory to the relevant parties to this agreement
(such acceptance not to be unreasonably withheld) informing such beneficiaries of
the highlights of the funding relief proposal, including the potential financial impact
and consent process; and
(e) the Company requires that the funding relief described herein apply to all the Plans.
12. It is a condition of this Pension MOU, and the Special Regulation shall so provide, that
there will be no outstanding deemed trust relating to the Plans, except:
(a) if and when any contribution required by the application of this Pension MOU (other
than pursuant to section 19) is not remitted to the Plan by the due date described
herein;
(b) in respect of amounts deducted by the Company from members’ remuneration that
are not remitted to the Plan when due; or
(c) for greater certainty, in respect of normal cost contributions that are not remitted to
the Plan when due.
13. This Pension MOU is also subject to the following conditions:
(a) neither the Unions nor OSFI or any other authority having any jurisdiction over these
matters shall assert or support the assertion of any deemed trust that might otherwise
arise under current law prior to adoption retroactive to July 1, 2009 of the Special
Regulation and any amendments to any other PBSA Regulations that may be
necessary to give effect hereto. Without limiting the generality of section 10, the
Unions shall cooperate with the Company in requesting and obtaining adoption of
the Regulation, as well as “comfort” letters, all satisfactory to the Company, to such
effect from OSFI and the Department of Finance;
(b) the Company and each of the Unions shall enter into a Labour MOU having a
duration of 21 months from the expiry of the last collective agreement;
(c) as soon as practicable, and in any event prior to execution of the letter of intent
referenced in paragraph 13(d), the Company, the Pionairs, and any other interested
parties to this agreement shall jointly approach the Government of Canada and the
governments of such province(s) as the Company shall determine to seek
guarantees of the financing described in paragraph 13(d);
(d) the Company shall have entered into a letter of intent no later than July 15, 2009 for
at least $600 million in new financing (the “Club Loan”), in form and content
reasonably satisfactory to the Company;
(e) ACE Aviation Holdings Inc. shall have committed to subscribe for at least $100
million of the Club Loan, subject to the Company waiving such requirement in the
best interests of the Company;
(f) Groupe Aeroplan Inc. shall have committed to subscribe for at least $100 million of
the Club Loan, subject to the Company waiving such requirement in the best
interests of the Company;
(g) The Company shall use reasonable efforts to achieve cost savings appropriate in the
circumstances;
Article 34 – Letters (Rev. 4 – 30 Sep 17) 251
(h) The Company recognizes the on-going value of its slots and will use its best efforts
to ensure that in any financing as described in this paragraph 13that any collateral
not include these slots to any proposed financing entity which is not a Canadian
government-related entity (such as the Export Development Corporation) or as the
Minister of Finance may permit after receiving representation from any party hereto,
such representations to be received by the Minister within two business days of
notice of intention to do so (the Parties and the Hon. James Farley to provide address
for such notice which may be given by delivery, fax, email, or other appropriate
electronic method), with the Minister to consult with the Hon. James Farley to receive
his recommendation before determining if such permission is appropriate in the then
prevailing circumstances; and
(i) The authorization of the Company’s Board of Directors.
14. While a Plan is subject to the funding relief described herein, the Company shall file
actuarial reports in respect of such Plan on a basis not less frequently than annually.
Actuarial methods and assumptions to be employed shall be at the discretion of each
Plan’s actuary, within the standards of the Canadian Institute of Actuaries. Subject to
execution of a non-disclosure agreement, the Company shall provide prior to the public
disclosure thereof, to: (a) each Plan’s pension committee; (b) each bargaining unit with
members in the Plan; and (c) the Pionairs and any other incorporated retiree or non-union
employee association with members or former members in the Plan, a copy of that Plan’s
actuarial report.
15. The Company shall offer a one-time profit share incentive program pursuant to which each
active employee of the Company as of the date of ratification of this Pension MOU shall
receive a payment of $500 providing the Company shall have achieved in respect of
its 2010 fiscal year after-tax cash net income of at least $210 million, such sum to be
payable (subject to applicable withholding amounts) within 30 days of release of the
Company’s 2010 audited financial statements.
16. In the event any Plan is terminated in whole at any time while it is subject to the funding
relief described herein, the Company shall be required to fully fund any solvency deficit
existing at the termination date. Such deficit shall be paid down over a maximum of five
years following submission to and acceptance by OSFI of the termination report. The
Company’s obligations to the Plan described in this section 16 shall rank pari passu with
all unsecured claims and, for greater certainty, shall not be subject to a deemed trust or
any other priority ranking.
17. On or before November 1, 2009, the Company shall issue the number of Class B shares
equal to 15% of the common shares of Air Canada (the “Shares”) to a trust to be
established for the benefit of the members of the Plans represented by each bargaining
unit. The bargaining units’ interests in the trust shall be allocated as follows:
Per Cent of Allocated Equity
CAW 12.58
IAMAW 35.96
ACPA 31.65
CUPE 19.38
CALDA 0.43
The trustee shall be a person agreed by all of the bargaining units or failing agreement,
as designated by Hon. James Farley. For so long as the trustee holds any of the Shares
allocated to a bargaining unit:
(a) that bargaining unit shall be entitled to receive a proxy from the trustee in respect of
the remaining number of Shares allocated to such bargaining unit; and
(b) that bargaining unit shall be entitled to direct the trustee to cause such Shares as
are allocated to it to be sold in whole or in part.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 252
All net proceeds of the Shares, including dividends or net proceeds of disposition (after
trustee expenses), shall be transferred to the trustee of the Plans (allocated to each
Plan in the manner specified by section 4 hereof) to be received as an employer
contribution in respect of outstanding solvency deficits providing that any such amount
shall not reduce the minimum contributions prescribed by section 3 hereof. The
Company shall not bear any costs or expenses related to the administration or operation
of the trust, including without limitation in respect of the divestiture of the Shares or any
other transactions which the trust may enter into, above and beyond $25,000 per year
for each of the first three years beginning from the date of creation of the trust, which
shall be reimbursed by the Company on the presentation of invoices therefor.
18. For as long as the trustee of the trust continues to hold at least 2% of the common shares
of the Company, such trustee shall have the right to designate one member (who shall
not be a member or officer of any of the Unions) of the Company’s board of directors,
subject to completion of the Company’s usual governance process for selection and
confirmation of directors. The trustee shall designate such member based upon the
wishes of the bargaining units allocated a majority of the Shares held by the trust from
time to time (with any deadlock to be settled by Hon. James Farley).
19. The Company shall make no distributions of any kind to its shareholders before
December 31, 2010, and shall not make any distributions in excess of Canadian corporate
standards prior to December 31, 2013.
(e) Other
20. In the event the Company becomes subject to the Companies’ Creditors Arrangement Act
or the Bankruptcy and Insolvency Act, or other similar proceedings, the lesser of: (i) the
difference between the amounts contributed to the Plans under section 3 and the amounts
that would have been remitted to the Plans in the absence of this Pension MOU and of
the Special Regulation; and (ii) the solvency deficit of the Plans as at the most recent
valuation shall be treated as due and payable to the respective Plans; provided, however,
that the foregoing is all subject to any non-remittance order of the court or other stay
provisions. In such event, each Union and the Pionairs shall be entitled to elect to treat all
provisions of this Pension MOU as terminated and no longer binding, except sections 7,
16 and 19. For greater certainty, there shall be no deemed trust associated with any
obligations under this section 20; nor shall anything herein be construed as exempting the
obligations to make such payment from any stay of proceedings provided by a court.
21. This Pension MOU shall form part of the Company’s collective agreements with the
respective Unions.
22. This Pension MOU shall cease to be of any force or effect if OSFI or any other authority
requires any reductions in accrued benefits or current service accruals under any of the
Plans prior to adoption of the Special Regulation.
23. The obligation of the Company to deliver the Shares is subject to shareholder, stock
exchange, or regulatory approval, if required by law. Where the Company is unable to
secure such approval, the Company shall make a contribution to the Plans equal to the
value of 15% of the Shares calculated as of the date of this Pension MOU with each Plan’s
share of such contribution being calculated in accordance with section 4.
24. This Pension MOU shall expire on December 31, 2013, except that sections 9 and 26
hereof shall expire on December 31, 2014.
25. In the event that not all of the Unions are signatory to this Pension MOU, it shall
nonetheless be binding on the Company and those parties who are signatory hereto,
providing that other Unions shall be entitled to adhere to this agreement subsequently.
26. If any of the Unions negotiates a pension memorandum of understanding that is more
favourable than this Pension MOU, then a proportional equivalent value, or more
beneficial terms shall apply to the parties who have agreed to this Pension MOU.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 253
27. Providing the Plans have an aggregate solvency deficit of at least $15 million as of
January 1, 2014, the Company agrees to make an additional aggregate payment to the
Plans of $15 million, such payment amount being over and above the amount otherwise
required in respect of 2014. Each Plan’s share of such contribution shall be calculated in
accordance with section 4 hereof and shall be remitted on or prior to December 31, 2014.
28. All dollar amounts expressed herein are expressed in Canadian dollars (CAD).
29. Any dispute as to the interpretation of this Memorandum of Understanding shall be
decided by the Hon. James Farley after receiving representations forthwith or as he may
direct from the Parties hereto.
IN WITNESS WHEREOF the parties have signed.
AIR CANADA
By: ____________________________________________
Name:
Title:
AIR CANADA PILOTS ASSOCIATION
By: ____________________________________________
Name:
Title:
CANADIAN AIRLINES DISPATCHERS ASSOCIATION
By: ____________________________________________
Name:
Title:
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
AND GENERAL WORKERS UNION OF CANADA (CAW-
CANADA), LOCAL 2002
By: ____________________________________________
Name:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 254
Title:
CANADIAN UNION OF PUBLIC EMPLOYEES, AIRLINE
DIVISION, AIR CANADA COMPONENT
By: ____________________________________________
Name:
Title:
INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS
By: ____________________________________________
Name:
Title:
AIR CANADA PIONAIRS
By: ____________________________________________
Name:
Title:
Article 34 – Letters (Rev. 4 – 30 Sep 17) 255
APPENDIX F
MEMORANDUM OF AGREEMENT
between:
Air Canada Pilots’ Association
(“ACPA” or the “Union”)
and
Air Canada
(the “Company”)
WHEREAS the Collective Agreement between the Company and ACPA (the “Parties”)
expires on June 30, 2009 (the “Collective Agreement”);
WHEREAS the Parties acknowledge the need for the Company to access additional funds to
improve its liquidity situation at the present time;
WHEREAS the Parties understand the importance of the Company securing the investment
of capital and the importance of labour stability to obtaining that investment;
WHEREAS the Parties recognize that obtaining additional funds and investment is important
to avoid filing under the Companies’ Creditors Arrangement Act or the Bankruptcy and
Insolvency Act or similar proceedings and the desirability of doing so;
NOW THEREFORE the parties have agreed as follows:
1. Subject only to the modifications set out in Appendix A attached hereto, the Collective
Agreement is renewed effective July 1, 2009, until March 31, 2011 (the “Renewal Period”).
The Union shall be entitled to negotiate the provisions of Appendix “A” subject to the
following conditions:
a. All modifications must be in the aggregate cost neutral (i.e. costs net of applicable
offsets);
b. All modifications must be agreed by 11:59pm on June 15, 2009 failing which any
outstanding disputes will be resolved by final and binding decision of Hon. James
Farley on Tuesday June 16, 2009 by 4:00pm. In the event of such dispute, the
parties shall advise Hon. James Farley of any pertinent information they wish him to
consider regarding the costs of any items in dispute by noon on June 16, 2009 and
shall thereafter be available to answer questions.
2. For greater certainty, during the Renewal Period, neither party shall have the right to strike
or lockout, as per the Canada Labour Code.
3. For further certainty, during the Renewal Period there shall be no changes to the terms
and conditions of the Collective Agreement including, without limitation, (i) no wage rate
increases, (ii) no changes to pension benefit levels, nor (iii) any changes to group
insurance coverage or benefits.
4. Upon this Memorandum of Agreement coming into force, the provisions set out in
Appendix B attached hereto, the “Pension Memorandum of Understanding” shall also
come into force.
5. In the event that the Company becomes subject to the Companies’ Creditors
Arrangement Act or the Bankruptcy and Insolvency Act or similar proceedings, while the
Article 34 – Letters (Rev. 4 – 30 Sep 17) 256
Pension Memorandum of Understanding signed by ACPA is in effect, section 19 of the
Pension Memorandum of Understanding shall apply, and whether the Pension
Memorandum of Understanding is in effect or not, there shall be no amendments to the
Collective Agreement except on consent of the parties.
6. Nothing in paragraph 1 shall preclude either party from attempting to secure, through
negotiations for the renewal of the Collective Agreement at the end of the Renewal Period,
changes to the Collective Agreement with retroactive effect from the commencement of
the Renewal Period.
7. If, in negotiating a renewal or extension to a Collective Agreement expiring in 2009 or
during the Renewal Period, any other Air Canada group negotiates an across the board
improvement to wage rates, work rules, benefits (including medical, dental and life
insurance and sickness and disability benefits) or other compensation to take effect
during the Renewal Period, the same improvement will be incorporated in the Collective
Agreement, unless it is inapplicable, in which case other improvements of equal
proportional value will be granted. This does not apply to any improvement whose cost
is intended to be offset by cost reductions or productivity gains negotiated at the same
time.
8. ACPA will be permitted to review Air Canada’s “Five Year Plan” of April 21, 2009, and
shall be granted reasonable access to that document, subject to those conducting the
review agreeing to the terms of a Non-disclosure Undertaking substantially in the form
used for the Union-Management quarterly financial update meetings. Air Canada shall
continue to provide quarterly financial updates in accordance with its practice.
9. Air Canada agrees that during the Renewal Period it shall not sell its interest in Air
Canada Cargo or Air Canada Ground Handling Services, provided this undertaking shall
not apply to any sale or other disposition of those businesses pursuant to a lender
requirement.
10. ACPA will be granted access to a copy of the agreement reached in May 2009
concerning credit card processing financial arrangements, subject to Air Canada
obtaining any consent for such disclosure from the relevant credit card processors,
which Air Canada shall use reasonable efforts to obtain and each of ACPA’s
representatives who access such agreements having executed a Non-disclosure
Undertaking acceptable to Air Canada and based on the terms of a Non-disclosure
Undertaking substantially in the form used for the Union-Management quarterly financial
update meetings.
11. This Memorandum of Agreement remains in full force and effect even if the Pension
Memorandum of Understanding ceases to have effect.
12. This Memorandum of Agreement as a whole will be subject to ratification by ACPA in
accordance with its Constitution and By-laws. Both parties commit to recommend and fully
endorse the ratification of this Memorandum.
13. This Memorandum of Agreement shall not limit the Parties ability to agree to changes to
the Collective Agreement and/or the working conditions of the employees represented by
ACPA on matters and of the kind they usually consider during the life of a collective
agreement and which usually take the form of documents ancillary to the Collective
Agreement (such as Memorandums of Understanding, Memorandums of Agreement,
Minutes of Settlement and Letters of Understanding) once agreed upon.
14. Any dispute arising between the parties regarding the interpretation or application of any
provision of this Memorandum of Agreement (including the Appendixes hereto), shall be
subject to final and binding arbitration before Hon. James Farley who shall have sole
jurisdiction to establish appropriate procedures including as to costs.
Article 34 – Letters (Rev. 4 – 30 Sep 17) 257
Signed this 14th day of June, 2009 at Toronto.
______________________________ __________________________
Air Canada Air Canada Pilots’ Association
Per: Kevin Howlett Per:______________________
Sr. Vice-President – Employee Relations
Article 34 – Letters (Rev. 4 – 30 Sep 17) 258
APPENDIX G
Pension Memorandum of Agreement (MOA #1)
between ACPA and Air Canada
Canada-Wide Industrial Pension Plan – Specified Multi-Employer Pension Plan
1. All plan assets of the Pilots Defined Contribution Plan (Pilots DC Plan), existing at the time
of the transfer, will be transferred to the Canada-Wide Industrial Pension Plan – Specified
Multi-Employer Pension Plan (CWIPP), or individual Locked in Retirement Accounts (LIRA)
upon receipt of specific direction from the DC plan members on or before December 31,
2017 or a later date as agreed to by the parties hereto (Parties).
2. On January 1, 2018 or a later date agreed to by the Parties all employees participating in
the Pilots DC Plan and all new employees (in all cases whose collective bargaining agent
is ACPA) will participate instead in CWIPP and the Pilots DC Plan shall be closed.
3. Air Canada’s sole and exclusive obligations relating to this MOA and CWIPP will be to:
(i) remit contributions noted in the chart below into the CWIPP, or the existing DC Plan –
in the event that the CWIPP has not yet commenced;
Years of Service Employee Employer Contribution (percentage
Contribution* unchanged)
Less than 2 years 6% 6%
More than 2 years but 7.5% 8.25%
less than 5 years
Equal to or More than 5 7.5% 10.5%
years+
* The employee contribution rates noted in the table above will take effect on January 1, 2018.
ii) remit to the CWIPP (if it is in place) the following information on a monthly basis,
or as required:
a) member earnings;
b) contributions for the member earnings:
c) member related status changes;
d) formal request for termination or retirement of a member;
e) address updates;
f) information asked by the administrator with regards to a member’s
status or hours; and
g) any other information specific to ACPA members reasonably
required for the administration of CWIPP.
4. Air Canada shall have no obligations unless it is satisfied that the following conditions are
and continue at all times to be met:
a. All regulatory approvals, if any, shall have been obtained and maintained.
b. Air Canada’s sole and exclusive obligation will be to remit contributions in accordance
with section 3 and Air Canada will bear no other obligation whatsoever, including
(without limitation) for any unfunded liability or deficit in the CWIPP, under any
Article 34 – Letters (Rev. 4 – 30 Sep 17) 259
circumstances, including (without limitation) as a result of the manner in which the
CWIPP is administered. For greater certainty and without limitation:
i. Air Canada agrees to sign the attached form of the Agreement to Participate
(“Agreement”). Nothing in the Agreement shall alter the provisions of this MOA
#1, or impose any obligation on Air Canada other than the timely remittance of
agreed to payments to the trust fund and providing the information set out in the
Agreement. Notwithstanding anything to the contrary, Air Canada will not
become a participating employer in the CWIPP and Air Canada will not be
required to sign onto any trust or any other agreement relating to the CWIPP;
ii. Air Canada will have no liability or obligations to ACPA or its membership,
including with respect to their tax treatment of the CWIPP or any contributions or
with respect to the administration of any ACPA members participation or benefits
in the CWIPP; and
iii. The benefits under the CWIPP will be reduced to the extent that they are not fully
funded upon plan termination.
5. This MOA #1 and the Company’s obligations thereunder may be amended or terminated
at any time by mutual agreement of the Association and the Company, and all such
amendments shall be binding on the Association, the Company and every Member, former
Member and other individuals entitled to benefits under the Plan.
6. ACPA will communicate to its members eligible to participate in the CWIPP that
(i) Air Canada’s sole obligation with respect to that plan is limited to its section 3
above contribution obligation;
(ii) benefits under that plan can be reduced while the plan is ongoing or immediately
prior to the termination of that plan and that;
(iii) if any conditions for the plan are not maintained (such as regulatory approvals
or changes to Air Canada funding obligations, other than those that may be
agreed to by the Parties following this MOA #1), then Air Canada agrees to notify
ACPA and CWIPP as soon as possible to discuss their concerns and work
toward a resolution to the situation. Failing an agreement between the parties
Air Canada shall not be required to make any further, and may cease, all
contributions to the CWIPP, and in such case, ACPA will look to assess suitable
alternatives. Should no alternative be found, Air Canada shall commence new
employee and employer contributions to an interim DC Plan (“Interim DC Plan”)
until such time as the Parties agree to another plan. [Should there be
contributions above existing Income Tax Act (“ITA”) limits for the Interim DC
plan, Air Canada agrees to establish individual Retirement Compensation
Arrangement (“RCA”) accounts for affected pilots.
7. Air Canada shall not be bound by this MOA unless Air Canada’s Executive Committee and
the Board of Directors of Air Canada shall each have approved this MOA.
Dated this 24th day of July 2017, in the City of Mississauga, Ontario.
FOR AIR CANADA
FOR THE ASSOCIATION
Article 34 – Letters (Rev. 4 – 30 Sep 17) 260