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Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation (SOR/2005-375)

Regulations are current to 2024-10-14

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Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation

SOR/2005-375

PUBLIC SERVICE EMPLOYMENT ACT

Registration 2005-11-24

Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation

The Treasury Board, pursuant to subsection 26(1)(c) of the Public Service Employment ActFootnote a, hereby makes the annexed Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation.

November 21, 2005

Reginald B. Alcock

President of the Treasury Board and

Minister responsible for the Canadian Wheat Board

Application

1 These Regulations apply in respect of organizations named in Schedule I or IV to the Financial Administration Act.

Probationary Period

  • 2 (1) The probationary period referred to in paragraph 61(1)(a) of the Public Service Employment Act, for the class of employees described in column 1 of an item of the schedule, is the period set out in column 2 of the item.

  • (2) The probationary period does not include any period

    • (a) of leave without pay;

    • (b) of full-time language training;

    • (c) of leave with pay of more than 30 consecutive days; or

    • (d) during which a seasonal employee is not required to perform the duties of the position because of the seasonal nature of the duties.

  • (3) The probationary period for an employee who is disabled and requires job accommodation begins on the day on which the necessary accommodation is made.

Notice Period

  • 3 (1) The notice period referred to in paragraph 62(1)(a) of the Public Service Employment Act, for the class of employees described in column 1 of an item of the schedule, is the period set out in column 3 of the item.

  • (2) The notice period begins on the day the deputy head gives notice to an employee.

Coming into Force

Footnote *4 These Regulations come into force on the day on which section 12 of the Public Service Modernization Act, being chapter 22 of the Statutes of Canada, 2003, comes into force.

SCHEDULE(Subsections 2(1) and 3(1))

PROBATIONARY AND NOTICE PERIODS

ItemColumn IColumn 2Column 3
Class of EmployeesProbationary PeriodNotice Period
1Employees who are recruited to undertake training, if successful completion of training is mandatory, and whose appointment is for a period of more than 1 yearDuration of the training or 12 months, whichever period is longer

  • (a) 2 weeks, if the employee has been employed for 1 year or less; or

  • (b) 1 month, if the employee has been employed for more than 1 year

2Employees who are recruited into an apprenticeship or professional training program and whose appointment is for a period of more than 1 yearDuration of the apprenticeship or professional training or 12 months, whichever period is longer

  • (a) 2 weeks, if the employee has been employed in the apprenticeship or professional training program for 1 year or less; or

  • (b) 1 month, if the employee has been employed in the apprenticeship or professional training program for more than 1 year

3Employees who are recruited into a position in the Scientific Research (SE) Group or the Defence Scientific Service (DS) Group and whose appointment is for a period of more than 1 year24 months1 month
4Employees who are recruited into a position in the University Teaching Group (UT) and whose appointment is for a period of more than 1 year36 months1 month
5Employees whose appointment is made for a specified period of 1 year or lessThe total length of the specified periods of employment or 12 months, whichever is shorter2 weeks or the balance of the specified period of employment, whichever is shorter
6Employees who are recruited into a position and who are not described in items 1 to 4 and whose appointment is for a period of more than 1 year12 months1 month

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