Public Service Employment Act

Marginal note:Mobility — member of Canadian Forces

• 35.1 (1) A member of the Canadian Forces who has accumulated at least three years of service and is not employed in the public service for an indeterminate period

  • (a) may participate in an advertised internal appointment process; and

  • (b) has the right to make a complaint under section 77.

• Marginal note:Exception

  (1.1) For the purpose of paragraph (1)(a), if a criterion in relation to belonging to any of the designated groups, as defined in section 3 of the Employment Equity Act, is established under section 34, the member shall meet that criterion.

• Marginal note:Deemed employment in public service

  (2) A member who participates in a process referred to in subsection (1) is, for the purpose of the process, deemed to be a person employed in the public service.

• Marginal note:Definition of member

  (3) In this section, member means a person who is enrolled in the Canadian Forces.