Public Service Employment Regulations (SOR/2005-334)

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.