10. (1) An employee referred to in section 40 or subsection 41(1) or (4) of the Act or subsection 5(1), 7(1) or 9(1) of these Regulations who is appointed or deployed to a position in the public service at a lower level 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 that is of a level that is not higher than the position the employee held immediately before the appointment or deployment to the lower level position and 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 of the appointment or deployment to the lower level and ends on the earliest of
(a) the day that is one year after the day of the appointment or deployment,
(b) the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service that is of a level equivalent to or higher than the position the employee held immediately before the entitlement took effect, and
(c) the day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason.
- SOR/2007-11, s. 7;
- SOR/2010-89, s. 6(F).
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