Public Service Employment Regulations

Marginal note:Surviving spousal or common-law priority

• 8.1 (1) If the death of any of the following persons is attributable to the performance of duties, their spouse or common-law partner 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 in an advertised external appointment process for which the Commission is satisfied that the spouse or common-law partner meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

  • (a) an employee;

  • (b) a member of the regular force, reserve force or special force;

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

  • (d) a member of the Reserve of the Royal Canadian Mounted Police.

  • (e) and (f) [Repealed, SOR/2015-115, s. 6]

• Marginal note:Conditions

  (2) The priority applies if the spouse or common-law partner

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

  • (b) qualifies under any federally or provincially legislated plan for compensation as a result of the death of the person that is attributable to the performance of duties; and

  • (c) makes a request within five years after the day on which they qualify for the compensation.

• Marginal note:Exception — additional period to make request

  (3) A spouse or common-law partner is deemed to satisfy paragraph (2)(c) if they

  • (a) qualified for the compensation referred to in paragraph (2)(b) no earlier than April 1, 2020 and no later than March 31, 2023;

  • (b) did not make a request within the time referred to in paragraph (2)(c), as it read on March 31, 2025; and

  • (c) make a request no later than April 1, 2028.

• Marginal note:Entitlement period

  (4) The entitlement period begins on the day on which the request is made and ends on the earliest of

  • (a) the second anniversary of the day on which the request is made;

  • (b) the day on which the spouse or common-law partner is appointed to a position in the public service for an indeterminate period;

  • (c) the day on which the spouse or common-law partner declines an appointment for an indeterminate period without good and sufficient reason; and

  • (d) if the spouse or common-law partner 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.