Public Service Employment Regulations (SOR/2005-334)

Marginal note:Non-application — certain appointments

• 4. (1) The entitlement to appointment in priority established under sections 5 to 10 does not apply to

  • (a) incumbent-based appointments;

  • (b) acting appointments; and

  • (c) the appointment of a member of a designated group, within the meaning of section 3 of the Employment Equity Act, in accordance with an employment equity program, unless the person who is entitled to appointment in priority in accordance with those provisions is also a member of a designated group, within the meaning of section 3 of the Employment Equity Act, to which the employment equity program applies.

• Marginal note:Non-application — certain persons

  (2) The entitlement to appointment in priority established by sections 5, 7, 9 and 10 does not apply to an employee who is employed for a specified period.

Marginal note:Surplus employees

• 5. (1) An employee who has been advised by the deputy head that their services are no longer required but before any layoff becomes effective is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act.

• Marginal note:Entitlement period

  (2) The entitlement period begins on the day on which an employee is declared surplus by the deputy head and ends on the earliest of

  • (a) the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period,

  • (b) the day on which the employee refuses a reasonable job offer in the public service, and

  • (c) the day on which the employee is laid off.

Marginal note:Office of the Governor General’s Secretary

• 6. (1) A person who ceases to be employed in an excluded position and who fulfils one of the following condition is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

  • (a) the person was an employee immediately before they were appointed to the excluded position;

  • (b) while employed in an excluded position, the person was found by the Commission in an advertised external appointment process to have met the essential qualifications for an appointment to the public service; or

  • (c) the person was employed in an excluded position for at least three years.

• Marginal note:Entitlement Period

  (2) The entitlement period begins on the day on which the person ceases to be employed in an excluded position and ends on the earliest of

  • (a) the day that is one year after the person ceases to be employed in the excluded position,

  • (b) the day on which the person is appointed to a position in the public service for an indeterminate period, and

  • (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.