Public Service Employment Act (S.C. 2003, c. 22, ss. 12, 13 )

Marginal note:Exceptions to merit

38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a).

Marginal note:Preference to veterans and Canadian citizens

• 39. (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order:

  • (a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule;

  • (b) a veteran or a survivor of a veteran, within the meaning of the schedule; and

  • (c) a Canadian citizen, within the meaning of the Citizenship Act, in any case where a person who is not a Canadian citizen is also a candidate.

• Marginal note:Application of merit

  (2) Where the Commission is satisfied that two or more candidates described in any of paragraphs (1)(a) to (c) meet the essential qualifications referred to in paragraph 30(2)(a), paragraph 30(2)(b) applies in the selection of a person from among the candidates described in that paragraph.

Marginal note:Priority — surplus employees

40. Notwithstanding section 41, after a deputy head informs an employee that the employee will be laid off pursuant to subsection 64(1) and before the lay-off becomes effective, the Commission may appoint the employee in priority to all other persons to another position under the deputy head’s jurisdiction if the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) and that it is in the best interests of the public service to make the appointment.

Marginal note:Priority — persons on leave

• 41. (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to

  • (a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or

  • (b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position.

• (2) and (3) [Repealed, 2006, c. 9, s. 103]

• Marginal note:Priority — persons laid off

  (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1).

• Marginal note:Essential qualifications

  (5) The priority of a person referred to in subsection (1) or (4) applies with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

• Marginal note:Order of priorities

  (6) Persons described in subsection (1) shall be appointed in priority to persons described in subsection (4), and persons described in each of those subsections shall be appointed in the order determined by the Commission.