Public Service Employment Regulations (SOR/2005-334)

Interpretation

Marginal note:Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Public Service Employment Act. (Loi)

acting appointment

acting appointment means an appointment for the temporary performance of the duties of another position by an employee, if the assignment to the employee of those duties constitutes a promotion within the meaning of section 3 of the Definition of Promotion Regulations. (nomination intérimaire)

bilingual position

bilingual position means a position identified by the deputy head as one for which the work to be performed requires proficiency in both official languages. (poste bilingue)

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

excluded position

excluded position[Repealed, SOR/2010-89, s. 1]

regular force

regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)

reserve force

reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)

special force

special force has the same meaning as in subsection 2(1) of the National Defence Act. (force spéciale)

Incumbent-based Process

Marginal note:Incumbent-based process

2 For the purposes of subsection 34(1) of the Act, the internal appointment process within the Research and University Teaching Groups, if there is a career progression framework established by the deputy head in consultation with the authorized bargaining agents that includes an independent recourse mechanism, is an incumbent-based process.

Priorities

Marginal note:Exclusion from statutory priority rights

3 A member of a designated group, within the meaning of section 3 of the Employment Equity Act, may be appointed, in accordance with an employment equity program, without regard to any entitlement to appointment in priority established under sections 39.1 and 40 and subsections 41(1) and (4) of the Act, unless the person who is entitled to appointment in priority in accordance with those provisions is also a member of a designated group, within the meaning of section 3 of the Employment Equity Act, to which the employment equity program applies.

Marginal note:Non-application — certain appointments

• 4 (1) The entitlement to appointment in priority established under sections 5 to 10 does not apply to

  • (a) incumbent-based appointments;

  • (b) acting appointments; and

  • (c) the appointment of a member of a designated group, within the meaning of section 3 of the Employment Equity Act, in accordance with an employment equity program, unless the person who is entitled to appointment in priority in accordance with those provisions is also a member of a designated group, within the meaning of section 3 of the Employment Equity Act, to which the employment equity program applies.

• Marginal note:Non-application — certain persons

  (2) The entitlement to appointment in priority established by sections 5, 7, 9 and 10 does not apply to an employee who is employed for a specified term.

Marginal note:Canadian Forces — release for medical reasons attributable to service

• 4.1 (1) The following persons who are released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service are entitled to the priority for appointment provided under section 39.1 of the Act:

  • (a) a member of the regular force;

  • (b) a member of the reserve force; and

  • (c) a member of the special force.

• Marginal note:Conditions

  (2) Subject to subsection (3), the priority applies if

  • (a) the person requests the priority within five years after the day on which the person is released, regardless of whether the determination referred to in subsection (1) is still pending on the day on which the request is made;

  • (b) the person is not employed in the public service for an indeterminate period at the time the request is made;

  • (c) within five years after the day on which the person is released, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; and

  • (d) the day specified is within five years after the day on which the person is released.

• Marginal note:Alternative condition

  (3) The priority applies if, on the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service, the person had an entitlement to a priority for appointment under section 8.

• Marginal note:Beginning of entitlement period

  (4) The entitlement period begins on

  • (a) if the priority is applicable under subsection (2), the later of the day on which the person is ready to return to work, as certified by a competent authority, and the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service; or

  • (b) if the priority is applicable under subsection (3), the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service.

• Marginal note:End of entitlement period

  (5) The entitlement period ends on the earliest of

  • (a) the fifth anniversary of the day on which the entitlement period begins under subsection (4);

  • (b) the day on which the person is appointed to a position in the public service for an indeterminate period;

  • (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason; and

  • (d) if the person is employed in the public service for a specified term,

    • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

    • (ii) the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act.

Marginal note:Surplus employees

• 5 (1) An employee who has been advised by the deputy head that their services are no longer required but before any layoff becomes effective is entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) of the Act, to any position in the public service 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 on which an employee is declared surplus by the deputy head and ends on the earliest of

  • (a) the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period, and

  • (b) [Repealed, SOR/2024-295, s. 4]

  • (c) the day on which the employee is laid off.

6 [Repealed, SOR/2010-89, s. 2]

Marginal note:Employee unable to carry out their duties

• 7 (1) An employee referred to in subsection (4) who, as a result of a disability, is no longer able to carry out the duties of their position is entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act if

  • (a) within five years after the day on which the employee became disabled, the employee is certified by a competent authority to be ready to return to work on the day specified by the authority; and

  • (b) the day specified is within five years after the day on which the employee became disabled.

• Marginal note:Entitlement period

  (2) The entitlement period begins on the day on which the employee is ready to return to work, as certified by a competent authority, and ends on the earliest of

  • (a) the fifth anniversary of the day on which the entitlement period begins;

  • (b) the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period;

  • (c) the day on which the employee declines an appointment or deployment to a position in the public service for an indeterminate period without good and sufficient reason; and

  • (d) if the employee is employed in the public service for a specified term,

    • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

    • (ii) the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act.

• Marginal note:Entitlement continues

  (3) The entitlement under subsection (1) continues even if, as a result of the person’s disability, they cease to be an employee.

• Marginal note:Additional entitlement period

  (3.1) A person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (2)(a), as that provision read on March 31, 2025, is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

  • (a) April 1, 2028, and

  • (b) the earliest day on which any of the events referred to in paragraphs (2)(b) to (d) occurs, with the word “employee” in those paragraphs being read as “person”.

• Marginal note:Application

  (4) This section applies in respect of an employee who qualifies for disability compensation under

  • (a) the Canada Pension Plan;

  • (b) An Act Respecting the Québec Pension Plan, R.S.Q., c. R-9, as amended from time to time;

  • (c) the Public Service Superannuation Act;

  • (d) the Government Employees Compensation Act; or

  • (e) a public service group disability insurance plan.

Marginal note:RCMP — discharge for medical reasons

• 7.1 (1) The following persons who are discharged from the Royal Canadian Mounted Police for medical reasons are entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) of the Act, to any position in the public service for which the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

  • (a) a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and

  • (b) a member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service.

• Marginal note:Conditions

  (2) The priority applies if

  • (a) the person requests the priority within five years after the day on which the person is discharged;

  • (b) within five years after the day on which the person is discharged, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; and

  • (c) the day specified is within five years after the day on which the person is discharged.

• Marginal note:Entitlement period

  (3) The entitlement period begins on the day on which the person is ready to return to work, as certified by a competent authority, and ends on the earliest of

  • (a) the fifth anniversary of the day on which the entitlement period begins;

  • (b) the day on which the person is appointed to a position in the public service for an indeterminate period;

  • (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason; and

  • (d) if the person is employed in the public service for a specified term,

    • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

    • (ii) the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act.

• Marginal note:Additional entitlement period

  (4) A person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (3)(a), as that provision read on March 31, 2025, and who is not, on April 1, 2025, already employed in the public service for an indeterminate period is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

  • (a) April 1, 2028, and

  • (b) the earliest day on which any of the events referred to in paragraphs (3)(b) to (d) occurs.