PUBLIC SERVICE EMPLOYMENT ACTPublic Service Employment RegulationsThe Public Service Commission, pursuant to section 22 of the Public Service Employment Acta, hereby makes the annexed Public Service Employment Regulations.Ottawa, November 4, 2005S.C. 2003, c. 22, ss. 12 and 13InterpretationInterpretationThe following definitions apply in these Regulations.Act means the Public Service Employment Act. (Loi)acting appointment means the temporary performance of the duties of another position by an employee, if the performance of those duties would have constituted a promotion had they been appointed to the position. (nomination intérimaire)bilingual position means a position identified by the deputy head as one for which the work to be performed requires proficiency in both official languages. (poste bilingue)common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)excluded position[Repealed, SOR/2010-89, s. 1]regular force has the same meaning as in subsection 2(1) of the National Defence Act. (force régulière)reserve force has the same meaning as in subsection 2(1) of the National Defence Act. (force de réserve)special force has the same meaning as in subsection 2(1) of the National Defence Act. (force spéciale)SOR/2010-89, s. 1; SOR/2015-115, s. 1Incumbent-based ProcessIncumbent-based processFor the purposes of subsection 34(1) of the Act, the internal appointment process within the Research and University Teaching Groups, if there is a career progression framework established by the deputy head in consultation with the authorized bargaining agents that includes an independent recourse mechanism, is an incumbent-based process.PrioritiesExclusion from statutory priority rightsA member of a designated group, within the meaning of section 3 of the Employment Equity Act, may be appointed, in accordance with an employment equity program, without regard to any entitlement to appointment in priority established under sections 39.1 and 40 and subsections 41(1) and (4) of the Act, unless the person who is entitled to appointment in priority in accordance with those provisions is also a member of a designated group, within the meaning of section 3 of the Employment Equity Act, to which the employment equity program applies.SOR/2007-11, s. 1; SOR/2015-115, s. 8Non-application — certain appointmentsThe entitlement to appointment in priority established under sections 5 to 10 does not apply toincumbent-based appointments;acting appointments; andthe appointment of a member of a designated group, within the meaning of section 3 of the Employment Equity Act, in accordance with an employment equity program, unless the person who is entitled to appointment in priority in accordance with those provisions is also a member of a designated group, within the meaning of section 3 of the Employment Equity Act, to which the employment equity program applies.Non-application — certain personsThe entitlement to appointment in priority established by sections 5, 7, 9 and 10 does not apply to an employee who is employed for a specified period.Canadian Forces — release for medical reasons attributable to serviceThe following persons who are released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service are entitled to the priority for appointment provided under section 39.1 of the Act:a member of the regular force;a member of the reserve force; anda member of the special force.ConditionsSubject to subsection (3), the priority applies ifthe person requests the priority within five years after the day on which the person is released, regardless of whether the determination referred to in subsection (1) is still pending on the day on which the request is made;the person is not employed in the public service for an indeterminate period at the time the request is made;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; andthe day specified is within five years after the day on which the person is released.Alternative conditionThe priority applies if, on the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service, the person had an entitlement to a priority for appointment under section 8.Beginning of entitlement periodThe entitlement period begins onif the priority is applicable under subsection (2), the later of the day on which the person is ready to return to work, as certified by a competent authority, and the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service; orif the priority is applicable under subsection (3), the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service.End of entitlement periodThe entitlement period ends on the earliest ofthe day that is five years after the day on which the entitlement period begins under subsection (4);the day on which the person is appointed to a position in the public service for an indeterminate period; andthe day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.SOR/2015-115, s. 2Surplus employeesAn employee who has been advised by the deputy head that their services are no longer required but before any layoff becomes effective 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.Entitlement periodThe entitlement period begins on the day on which an employee is declared surplus by the deputy head and ends on the earliest ofthe day on which the employee is appointed or deployed to a position in the public service for an indeterminate period,the day on which the employee refuses a reasonable job offer in the public service, andthe day on which the employee is laid off.SOR/2007-11, s. 2; SOR/2015-115, s. 8[Repealed, SOR/2010-89, s. 2]Employee who becomes disabledAn 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 ifwithin 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; andthe day specified is within five years after the day on which the employee became disabled.Entitlement periodThe 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 ofthe day that is two years after the day on which the entitlement period begins;the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period; andthe 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.Entitlement continuesThe entitlement under subsection (1) continues even if, as a result of the person’s disability, they cease to be an employee.InterpretationFor the purpose of this section, an employee is considered to be disabled if they qualify for disability compensation underthe Canada Pension Plan;An Act Respecting the Québec Pension Plan, R.S.Q., c. R-9, as amended from time to time;the Public Service Superannuation Act;the Government Employees Compensation Act; ora public service group disability insurance plan.SOR/2007-11, s. 4; SOR/2010-89, s. 3; SOR/2015-115, s. 8RCMP — discharge for medical reasonsThe following persons who are discharged from the Royal Canadian Mounted Police 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 member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; anda member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service.ConditionsThe priority applies ifthe person requests the priority within five years after the day on which the person is discharged;within five years after the day on which the person is discharged, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; andthe day specified is within five years after the day on which the person is discharged.Entitlement periodThe 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 ofthe day that is two years after the day on which the entitlement period begins;the day on which the person is appointed to a position in the public service for an indeterminate period; andthe day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.SOR/2015-115, s. 3Canadian Forces — release for medical reasonsThe 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 member of the regular force;a member of the special force; anda member of the reserve force on Class B Reserve Service of more than 180 consecutive days or on Class C Reserve Service.ConditionsThe priority applies ifthe person requests the priority within five years after the day on which the person is released;the person is not employed in the public service for an indeterminate period at the time the request is made;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; andthe day specified is within five years after the day on which the person is released.Entitlement periodThe 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 ofthe day that is five years after the day on which the entitlement period begins;the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;the day on which the person is appointed to a position in the public service for an indeterminate period; andthe day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.InterpretationIn 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.SOR/2007-11, s. 5; SOR/2010-89, s. 4; SOR/2015-115, s. 4Persons who had prior entitlementA 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.ConditionsDespite subsection 8(1.1), the priority applies ifthe person was released from the Canadian Forces for medical reasons;the person does not have an entitlement to a priority for appointment under section 39.1 of the Act; andthe person is not employed in the public service for an indeterminate period on the day on which this section comes into force.Entitlement periodDespite subsection 8(2), the entitlement period begins on the day on which this section come into force and ends on the earliest ofthe day that is five years after the day on which this section came into force;the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;the day on which the person is appointed to a position in the public service for an indeterminate period; andthe day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.SOR/2015-115, s. 5Entitlement period for existing entitlementsThe 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 ofthe day that is five years after the day on which this subsection comes into force;the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;the day on which the person is appointed to a position in the public service for an indeterminate period; andthe day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.SOR/2015-115, s. 5Surviving spousal or common-law priorityIf 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:an employee;a member of the regular force, reserve force or special force;a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; anda member of the Reserve of the Royal Canadian Mounted Police.[Repealed, SOR/2015-115, s. 6]ConditionsThe priority applies if the spouse or common-law partneris not employed in the public service for an indeterminate period at the time the request is made;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; andmakes a request within two years of qualifying for compensation.Death prior to these RegulationsIf 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 partneris not employed in the public service for an indeterminate period at the time the request is made;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; andmakes a request within two years of the latter ofthe coming into force of this section, orthe spouse’s or common-law partner’s having qualified for compensation.Entitlement periodThe 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 ofthe day that is two years after the day on which the request is made;the day on which the spouse or common-law partner is appointed to a position in the public service for an indeterminate period; andthe day on which the spouse or common-law partner refuses an appointment for an indeterminate period without good and sufficient reason.SOR/2010-89, s. 5; SOR/2015-115, ss. 6, 8Relocation of spouse or common-law partnerAn 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.Entitlement periodThe entitlement period begins on the day on which the period of the leave of absence begins and ends on the earliest ofthe day on which the period of leave of absence ends,the day on which the employee is appointed to a position in the public service for an indeterminate period, andthe day on which the employee declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason.SOR/2007-11, s. 6; SOR/2015-115, s. 8ReinstatementAn 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.Entitlement periodThe entitlement period begins on the day of the appointment or deployment to the lower level and ends on the earliest ofthe day that is one year after the day of the appointment or deployment,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, andthe day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason.SOR/2007-11, s. 7; SOR/2010-89, s. 6(F); SOR/2015-115, s. 8Period of entitlementThe 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 ofthe day that is one year after the day on which the person is laid off,the day on which the person is appointed to a position in the public service for an indeterminate period, andthe 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 AppointmentsExcluded from priorities and notificationAn acting appointment is excluded from the application of sections 39.1 and 40, subsections 41(1) and (4) and section 48 of the Act.SOR/2007-11, s. 8; SOR/2015-115, s. 7NoticeThe 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:an acting appointment of four months or more;an acting appointment that extends the person’s cumulative period in the acting appointment to four months or more.Excluded from sections 30 and 77 of the ActAn acting appointment of less than four months, provided it does not extend the cumulative period of the acting appointment of a person in a position to four months or more, is excluded from the application of sections 30 and 77 of the Act.ExceptionDespite subsection (1), the provision of paragraph 30(2)(a) of the Act respecting official language proficiency continues to apply in the case of an acting appointment of less than four months to a vacant bilingual position ifthe Commission is able to fill the position with an appointment of a person who meets the language proficiency qualification; orthe cumulative period of the acting appointments of all persons in that position is four months or more.Exemption from official language proficiency — encumbered positionSubject to subsection (2), an acting appointment of four months or more but not more than twelve months to an encumbered bilingual position that the Commission cannot fill with an acting appointment of a person who meets the language proficiency qualification under paragraph 30(2)(a) of the Act is excluded from the application of that paragraph respecting official language proficiency.ExceptionSubsection (1) does not apply to an acting appointment to the same position if the cumulative period of the acting appointments of all persons in that position is more than twelve months.Exemption from official language proficiency — language trainingSubject to subsection (2), an acting appointment of four months or more but not more than eighteen months to a bilingual position, while the incumbent is on language training, that the Commission cannot fill with an acting appointment of a person who meets the language proficiency qualification under paragraph 30(2)(a) of the Act is excluded from the application of that paragraph respecting official language proficiency.ExceptionSubsection (1) does not apply to an acting appointment to the same position if the cumulative period of the acting appointments of all persons in that position is more than eighteen months.Rotational positionDespite sections 14 to 16, an acting appointment to a position in a rotational system established by the deputy head, in order to provide for the movement of employees within and outside Canada in the following organizations is excluded from the application of sections 30 and 77 of the Act:Department of Citizenship and Immigration,Department of Foreign Affairs and International Trade, andCanada Border Services Agency.Executive GroupUnderfill and overfillA person who is appointed to a position within the executive group of the public service that is at a lower or higher classification level than the level of the position that the person occupied immediately before the appointment is exempted from the application of section 60 of the Act if pay at the previous level is authorized by the Treasury Board under paragraph 11.1(1)(c) of the Financial Administration Act.Disclosure of Information Obtained in the Course of an InvestigationDisclosureThe Commission may disclose personal information obtained in the course of an investigation under section 66, subsection 67(1), or sections 68 or 69 of the Act if disclosure wouldpromote fair and transparent employment practices;promote accountability;ensure that action is taken to correct wrongdoing or improper employment practices and prevent recurrences of such practices; orencourage the adoption or continuance of proper employment practices.Privacy interestsPrior to a disclosure under subsection (1) that could infringe privacy interests, the Commission shall consider whether the public interest in disclosure outweighs those privacy interests.Disclosure of standardized testThe Commission shall not disclose a standardized test, or information concerning a standardized test, owned by an organization or the Commission or that is commercially available, if obtained in the course of an investigation under the Act, unless it can be disclosed, with or without conditions set by the Commission, in a manner that will not affect the validity or continued use of the standardized test or will not affect the results of such a test by giving an unfair advantage to any person.Standardized testFor the purpose of subsection (1), a standardized test is a systematic procedure for sampling an individual’s behaviour in order to evaluate jobrelevant competencies. The procedure is systematic in five areas: development, content, administration, scoring and communication of results. The content of the test is equivalent for all test-takers. The test is administered according to standard instructions and procedures and is scored according to a set protocol.Lay-offsSelection of employees for lay-offIf the services of one or more employees of a part of an organization are no longer required in accordance with section 64 of the Act, the deputy head shall assess the merit of the employees employed in similar positions or performing similar duties in the same occupational group and level within that part of the organization, and identify, in accordance with merit, the employees who are to be retained having regard to the continuing functions of that part of the organization and the remaining employees who are to be advised that their services are no longer required and are to be laid off.Recording reasonsDeputy heads shall record the reasons for the selection of those employees to be retained.Ship Repair groupDespite subsection (1), the determination of employees to be laid off in the Ship Repair group in the Department of National Defence shall be based on a combination of merit and seniority factors and shall be made in consultation with the bargaining agents concerned.Employee volunteersDespite subsection (1), if an employee volunteers to be laid off, the deputy head may advise the employee that their services are no longer required and may lay off the employee.InformationThe deputy head shall, in writing, informthe Commission of the names of the employees who are to be laid off in accordance with this section and the proposed date of the lay-off; andany employee who is advised that their services are no longer required, of the proposed layoff date.Specified periodSubsections (1) to (5) do not apply to an employee who is appointed for a specified period.Repeals[Repeal][Repeal]Coming into ForceThese Regulations come into force on the day on which section 12 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, comes into force.[Note: Regulations in force December 31, 2005, see SI/2005-122.]RELATED PROVISIONS
— SOR/2010-89, s. 7Continuation of priorityOn the coming into force of sections 1 and 2 of these Regulations, a person who was employed in a position excluded by the Office of the Governor General’s Secretary Exclusion Order, and who ceases to be employed continues to be entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) and (4) of the Public Service Employment Act, as enacted by sections 12 and 13 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, in accordance with section 6 of the Public Service Employment Regulations as it read immediately before the coming into force of sections 1 and 2.