Public Service Employment Regulations (SOR/2005-334)

Executive Group

Marginal note:Underfill and overfill

18 A person who is appointed to a position within the executive group of the public service that is at a lower or higher classification level than the level of the position that the person occupied immediately before the appointment is exempted from the application of section 60 of the Act if pay at the previous level is authorized by the Treasury Board under paragraph 11.1(1)(c) of the Financial Administration Act.

Disclosure of Information Obtained in the Course of an Investigation

Marginal note:Disclosure

• 19 (1) The Commission may disclose personal information obtained in the course of an investigation under section 66, subsection 67(1), or sections 68 or 69 of the Act if disclosure would

  • (a) promote fair and transparent employment practices;

  • (b) promote accountability;

  • (c) ensure that action is taken to correct wrongdoing or improper employment practices and prevent recurrences of such practices; or

  • (d) encourage the adoption or continuance of proper employment practices.

• Marginal note:Privacy interests

  (2) Prior to a disclosure under subsection (1) that could infringe privacy interests, the Commission shall consider whether the public interest in disclosure outweighs those privacy interests.

Marginal note:Disclosure of standardized test

• 20 (1) The Commission shall not disclose a standardized test, or information concerning a standardized test, owned by an organization or the Commission or that is commercially available, if obtained in the course of an investigation under the Act, unless it can be disclosed, with or without conditions set by the Commission, in a manner that will not affect the validity or continued use of the standardized test or will not affect the results of such a test by giving an unfair advantage to any person.

• Marginal note:Standardized test

  (2) For the purpose of subsection (1), a standardized test is a systematic procedure for sampling an individual’s behaviour in order to assess job-relevant characteristics. The procedure is systematic in five areas: development, content, administration, scoring and communication of results. The content of the test is equivalent for all test-takers. The test is administered according to standard instructions and procedures and is scored according to a set protocol.

Lay-offs

Marginal note:Notice

• 21 (1) A deputy head must, before laying off an employee under section 64 of the Act, provide a written notice to the employee that includes

  • (a) a statement indicating that they are to be laid off;

  • (b) the reason, among those set out in subsection 64(1) of the Act, that their services are no longer required;

  • (c) if they were selected for lay-off under subsection 64(2) of the Act,

    • (i) the reason they were selected for lay-off, and

    • (ii) a statement indicating that they have a right to make a complaint under subsection 65(1) of the Act;

  • (d) the date on which their services will no longer be required; and

  • (e) the date on which they are to be laid off or, if that date is not known, a statement indicating that they will be advised, in writing, of that date once it is known.

• Marginal note:Employees retained

  (2) The deputy head must notify in writing any employee referred to in subsection 22(3) who is not selected for lay-off that they are to be retained.

• Marginal note:Non-application — specified term

  (3) This section does not apply in respect of an employee who is appointed for a specified term.

Marginal note:Selection of employees for lay-off

• 22 (1) For the purpose of subsection 64(2) of the Act, the selection of the employees to be laid off in any part of an organization in which the deputy head has determined that the services of some but not all of the employees are no longer required must be conducted in accordance with subsections (2) to (8).

• Marginal note:Determination of qualifications, requirements and needs

  (2) For each category of employees of the same occupational group and level who are either employed in similar positions or performing similar duties in the part of the organization referred to in subsection (1), if the services of some but not all of those employees are no longer required, the deputy head must determine

  • (a) the essential qualifications that are most relevant for the work to be performed, including official language proficiency, and any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future; and

  • (b) any relevant current or future operational requirements or needs of the organization.

• Marginal note:Information

  (3) The deputy head must inform, in writing, all employees who belong to a category referred to in subsection (2) of

  • (a) the qualifications, requirements and needs that were determined under that subsection and in relation to which the employees will be assessed;

  • (b) the assessment methods that will be used; and

  • (c) the opportunity to request accommodation measures and the process for doing so.

• Marginal note:Assessment methods

  (4) The deputy head may, subject to subsections (5) and (6), use any assessment method that they consider appropriate, such as a review of past performance and accomplishments, interviews and examinations, to assess the employees.

• Marginal note:Identification of biases and barriers

  (5) Before using an assessment method, the deputy head must conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if a bias or barrier is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.

• Marginal note:Second language assessment

  (6) Any assessment of an employee’s proficiency in their second official language must be conducted using the same methods as apply to appointments to or from within the public service.

• Marginal note:Language of examination or interview

  (7) Any examination or interview must

  • (a) except in the case referred to in paragraph (b), be conducted in English or French or both at the option of the employee; and

  • (b) if its purpose is to assess the employee’s knowledge and use of English or French or both, or of a third language, be conducted in that language or those languages.

• Marginal note:Assessment and selection

  (8) The deputy head must assess the employees having regard to the factors determined under subsection (2) and must select which of the employees are to be laid off.

• Marginal note:Volunteers

  (9) Despite subsections (1) to (8), if an employee volunteers to be laid off, the deputy head may advise the employee that their services are no longer required and may lay off the employee.

• Marginal note:Recording reasons

  (10) The deputy head must record the reasons for selecting or not selecting each employee for lay-off.

• Marginal note:Non-application — specified term

  (11) This section does not apply in respect of an employee who is appointed for a specified term.

23 [Repealed, SOR/2024-295, s. 15]

Coming into Force

Footnote ^*24 These Regulations come into force on the day on which section 12 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, comes into force.

• Return to footnote ^*[Note: Regulations in force December 31, 2005, see SI/2005-122.]