Public Service Employment Regulations (SOR/2005-334)

Marginal note:Canadian Forces — release for medical reasons

• 8 (1) The following persons who are released from the Canadian Forces for medical reasons are 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 person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

  • (a) a member of the regular force;

  • (b) a member of the special force; and

  • (c) a member of the reserve force on Class B Reserve Service of more than 180 consecutive days or on Class C Reserve Service.

• Marginal note:Conditions

  (1.1) The priority applies if

  • (a) the person requests the priority within five years after the day on which the person is released;

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

  • (c) within five years after the day on which the person is released, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; and

  • (d) the day specified is within five years after the day on which the person is released.

• Marginal note:Entitlement period

  (2) The entitlement period begins on the day on which the person is ready to return to work, as certified by a competent authority, and ends on the earliest of

  • (a) the day that is five years after the day on which the entitlement period begins;

  • (a.1) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

  • (b) the day on which the person is appointed to a position in the public service for an indeterminate period; and

  • (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

• Marginal note:Interpretation

  (3) In subsection (1), Class B Reserve Service and Class C Reserve Service have the same meaning as in sections 9.07 and 9.08, respectively, of the Queen’s Regulations and Orders for the Canadian Forces.

Marginal note:Persons who had prior entitlement

• 8.01 (1) A person who had an entitlement to a priority under any of paragraphs 8(1)(a) to (d), as they read before the day on which this section comes into force, is entitled to the priority referred to subsection 8(1) if their previous entitlement period ends at any time during the period beginning on April 1, 2012 and ending on the day before the day on which this section comes into force.

• Marginal note:Conditions

  (2) Despite subsection 8(1.1), the priority applies if

  • (a) the person was released from the Canadian Forces for medical reasons;

  • (b) the person does not have an entitlement to a priority for appointment under section 39.1 of the Act; and

  • (c) the person is not employed in the public service for an indeterminate period on the day on which this section comes into force.

• Marginal note:Entitlement period

  (3) Despite subsection 8(2), the entitlement period begins on the day on which this section come into force and ends on the earliest of

  • (a) the day that is five years after the day on which this section came into force;

  • (b) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

  • (c) the day on which the person is appointed to a position in the public service for an indeterminate period; and

  • (d) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

Marginal note:Entitlement period for existing entitlements

8.02 The entitlement period for a priority that is established under any of paragraphs 8(1)(a) to (d), as they read before the day on which this section comes into force, shall, if the period has not ended on or before the day on which this section comes into force, end on the earliest of

• (a) the day that is five years after the day on which this subsection comes into force;

• (b) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

• (c) the day on which the person is appointed to a position in the public service for an indeterminate period; and

• (d) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

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 two years of qualifying for compensation.

• Marginal note:Death prior to these Regulations

  (3) If the death of the persons referred to in paragraphs (1)(a) to (f) is attributable to the performance of duties and occurred during the period beginning on October 7, 2001 and ending on the coming into force of this section, 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 subsection 41(1) and (4) of the Act, to a 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 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 two years of the latter of

    • (i) the coming into force of this section, or

    • (ii) the spouse’s or common-law partner’s having qualified for compensation.

• Marginal note:Entitlement period

  (4) The entitlement period for appointment in priority referred to in subsections (1) and (3) begins on the day on which the request is made and ends on the earliest of

  • (a) the day that is two years after 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; and

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

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 to a position in the public service for an indeterminate period, and

  • (c) the day on which the employee declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

Marginal note:Reinstatement

• 10 (1) An employee referred to in sections 39.1 and 40 or subsection 41(1) or (4) of the Act or subsection 5(1), 7(1) or 9(1) of these Regulations who is appointed or deployed to a position in the public service at a lower level 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 that is of a level that is not higher than the position the employee held immediately before the appointment or deployment to the lower level position and 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 of the appointment or deployment to the lower level and ends on the earliest of

  • (a) the day that is one year after the day of the appointment or deployment,

  • (b) the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service that is of a level equivalent to or higher than the position the employee held immediately before the entitlement took effect, and

  • (c) the day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason.

Marginal note:Period of entitlement

11 The periods of entitlement referred to in subsections 41(4) and 44 of the Act begin on the day on which the person is laid off and ends on the earliest of

• (a) the day that is one year after the day on which the person is laid off,

• (b) the day on which the person is appointed to a position in the public service for an indeterminate period, and

• (c) the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.

Acting Appointments

Marginal note:Excluded from priorities and notification

12 An acting appointment is excluded from the application of sections 39.1 and 40, subsections 41(1) and (4) and section 48 of the Act.

Marginal note:Notice

13 The Commission shall, at the time that the following acting appointments are made or proposed, as a result of an internal appointment process, inform the persons in the area of recourse, within the meaning of subsection 77(2) of the Act, in writing of the name of the person who is proposed to be, or has been, appointed and of their right and grounds to make a complaint:

• (a) an acting appointment of four months or more;

• (b) an acting appointment that extends the person’s cumulative period in the acting appointment to four months or more.