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

Act current to 2015-08-30 and last amended on 2015-07-01. Previous Versions

Marginal note:Conversion to indeterminate
  •  (1) Unless the employee requests otherwise of the deputy head, the period of employment of an employee who is employed for a specified term as a result of an appointment or deployment is converted to indeterminate in the employee’s substantive position, at the end of the cumulative period of employment specified by the employer in circumstances prescribed by the employer.

  • Marginal note:Not an appointment or deployment

    (2) A conversion under subsection (1) does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77.

Marginal note:Rate of pay on appointment

 The rate of pay on appointment to a position shall be determined by the employer within the scale of rates of pay for that position or for positions of the same occupational nature and level as that position.

Marginal note:Probationary period
  •  (1) A person appointed from outside the public service is on probation for a period

    • (a) established by regulations of the Treasury Board in respect of the class of employees of which that person is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act; or

    • (b) determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to which the Commission has exclusive authority to make appointments.

  • Marginal note:Effect of appointment or deployment

    (2) A period established pursuant to subsection (1) is not terminated by any appointment or deployment made during that period.

Marginal note:Termination of employment
  •  (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of

    • (a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or

    • (b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments,

    and the employee ceases to be an employee at the end of that notice period.

  • Marginal note:Compensation in lieu of notice

    (2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection.