8. (1) Where additional assistance is required at a Mission for emergency work, the Deputy Minister may employ persons for a specified period.
(2) No person shall be employed pursuant to subsection (1) for a continuous period in excess of ninety-two calendar days or for more than one hundred and twenty-five days worked in any year without the approval of the deputy head of the employing department.
(3) Where a person who has been employed pursuant to subsection (1) is subsequently appointed to a position without a break in service, that person shall be deemed to have been appointed to that position from the date of the employment pursuant to subsection (1).
(4) At any time during the specified period referred to in subsection (1), the Deputy Minister may serve written notice on a person employed under that subsection that the person is released effective the next day.
(5) A person who has been served with a notice pursuant to subsection (4) ceases to be an employee the day after receipt of the notice by the employee.
- SOR/98-13, s. 9.
OATHS AND AFFIRMATIONS OF ALLEGIANCE AND OFFICE
9. (1) Every person who is a Canadian citizen shall, prior to being employed under these Regulations, take and subscribe an Oath of Allegiance or Affirmation of Allegiance and an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedules I to IV, whichever are appropriate.
(2) Subject to subsection (3), every person who is not a Canadian citizen shall, prior to being employed under these Regulations, take and subscribe an Oath of Office and Secrecy or an Affirmation of Office and Secrecy in the forms set out in Schedule III or IV, whichever is appropriate.
(3) Where, at any time, the Deputy Minister is satisfied that it is not in the best interests of the Government of Canada that subsection (2) apply to non-Canadian citizens at a Mission, the Deputy Minister may exclude such non-Canadian citizens from the operation of that subsection.
- SOR/98-13, s. 9.
10. (1) Every employee appointed, who was not an employee under these Regulations immediately prior to being appointed, shall be considered to be on probation for a period of twelve months commencing on the date of appointment, excluding any period of leave with or without pay in excess of thirty consecutive working days.
(2) At any time during the probationary period referred to in subsection (1), the Deputy Minister may serve a written notice on the employee that the employee is rejected for cause effective two weeks after the date of receipt by the employee of the notice.
(3) A person who has been served with a notice pursuant to subsection (2), shall cease to be an employee at the end of the notice period.
(4) A period of probation under subsection (1) is not terminated by any appointment of the employee made during the period of probation.
- SOR/98-13, s. 9.
11. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside a Mission, the Deputy Minister shall serve the employee with written notice that the employee is laid off effective on the expiration of
(a) one month after the date of the receipt of the notice, or
(b) such period as is required by the law of the country in which the Mission is situated,
whichever period is the greater.
(2) An employee who has been served with a notice pursuant to subsection (1) ceases to be an employee on the expiration of the greater period specified in that subsection.
(3) Subject to subsection (4), an employee appointed for an indeterminate period who has been laid off pursuant to a notice under subsection (1) is entitled, for a period of twelve months following the lay-off, to be appointed, without competition and in priority to all other persons, to a position at the Mission for which, in the opinion of the Deputy Minister, the employee is qualified.
(4) [Repealed, SOR/2002-197, s. 6]
- SOR/98-13, ss. 8, 9;
- SOR/2002-197, s. 6.
- Date modified: