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 the temporary performance of the duties of another position by an employee, if the performance of those duties would have constituted a promotion had they been appointed to the position. (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excluded position[Repealed, SOR/2010-89, s. 1]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 period.

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 day that is five years after 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; and

  • (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.

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,

  • (b) the day on which the employee refuses a reasonable job offer in the public service, and

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

6 [Repealed, SOR/2010-89, s. 2]

Marginal note:Employee who becomes disabled

• 7 (1) An employee who becomes disabled and who, as a result of the 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 day that is two years after 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; and

  • (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.

• 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:Interpretation

  (4) For the purpose of this section, an employee is considered to be disabled if they qualify 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 day that is two years after 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; and

  • (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.

Marginal note:Canadian Forces — release for medical reasons

• 8 (1) The following persons who are released from the Canadian Forces 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 of the regular force;

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

  • (c) a member of the reserve force on Class B Reserve Service of more than 180 consecutive days or on Class C Reserve Service.

• Marginal note:Conditions

  (1.1) The priority applies if

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

  • (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:Entitlement period

  (2) 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 day that is five years after the day on which the entitlement period begins;

  • (a.1) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

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

  • (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.

• Marginal note:Interpretation

  (3) In subsection (1), Class B Reserve Service and Class C Reserve Service have the same meaning as in sections 9.07 and 9.08, respectively, of the Queen’s Regulations and Orders for the Canadian Forces.

Marginal note:Persons who had prior entitlement

• 8.01 (1) A person who had an entitlement to a priority under any of paragraphs 8(1)(a) to (d), as they read before the day on which this section comes into force, is entitled to the priority referred to subsection 8(1) if their previous entitlement period ends at any time during the period beginning on April 1, 2012 and ending on the day before the day on which this section comes into force.

• Marginal note:Conditions

  (2) Despite subsection 8(1.1), the priority applies if

  • (a) the person was released from the Canadian Forces for medical reasons;

  • (b) the person does not have an entitlement to a priority for appointment under section 39.1 of the Act; and

  • (c) the person is not employed in the public service for an indeterminate period on the day on which this section comes into force.

• Marginal note:Entitlement period

  (3) Despite subsection 8(2), the entitlement period begins on the day on which this section come into force and ends on the earliest of

  • (a) the day that is five years after the day on which this section came into force;

  • (b) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

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

  • (d) 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.