Public Service Employment Regulations

Marginal note:Employee who becomes disabled

• 7 (1) An employee who becomes disabled and who, as a result of the 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 day that is two years after 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; and

  • (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.

• 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:Interpretation

  (4) For the purpose of this section, an employee is considered to be disabled if they qualify 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.