Public Service Employment Regulations

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 section 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.