Public Service Employment Regulations (SOR/2005-334)

Marginal note:Relocation of spouse or common-law partner

• 9 (1) An employee who is on a leave of absence granted as a result of the relocation of their spouse or common-law partner and who is not entitled to be appointed under subsection 41(1) of the Act 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 the period of the leave of absence begins and ends on the earliest of

  • (a) the day on which the period of leave of absence ends,

  • (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.