Public Service Employment Regulations

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.