Public Service Employment Act

Marginal note:Preference to veterans and Canadian citizens

• 39 (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order:

  • (a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule;

  • (b) a veteran or a survivor of a veteran, within the meaning of the schedule; and

  • (c) a Canadian citizen, within the meaning of the Citizenship Act, in any case where a person who is not a Canadian citizen is also a candidate.

• Marginal note:Application of merit

  (2) Where the Commission is satisfied that two or more candidates described in any of paragraphs (1)(a) to (c) meet the essential qualifications referred to in paragraph 30(2)(a), paragraph 30(2)(b) applies in the selection of a person from among the candidates described in that paragraph.