SOR-2005-334 Public Service Employment Regulations

The entitlement to appointment in priority established under sections 5 to 10 does not apply to

The 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 term.

The 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:

Subject to subsection (3), the priority applies if

The 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.

The entitlement period begins on

The entitlement period ends on the earliest of

An 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.

The entitlement period begins on the day on which an employee is declared surplus by the deputy head and ends on the earliest of

An employee referred to in subsection (4) who, as a result of a 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

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

The entitlement under subsection (1) continues even if, as a result of the person’s disability, they cease to be an employee.

A person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (2)(a), as that provision read on March 31, 2025, is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

This section applies in respect of an employee who qualifies for disability compensation under

The 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:

The priority applies if

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 person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (3)(a), as that provision read on March 31, 2025, and who is not, on April 1, 2025, already employed in the public service for an indeterminate period is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

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:

The priority applies if

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

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.

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:

The priority applies if the spouse or common-law partner

A spouse or common-law partner is deemed to satisfy paragraph (2)(c) if they

The entitlement period begins on the day on which the request is made and ends on the earliest of

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.

The entitlement period begins on the day on which the period of the leave of absence begins and ends on the earliest of

The following employees 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 referred to in subsection (1.1) for which the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act:

The position must be at a level that is

The entitlement period begins on the day of the appointment, deployment or conversion and ends on the earliest of

For the purpose of paragraphs (1)(a) and (b) and (2)(b), a position is at a lower level than another position if the assignment of the duties of that other position — to an employee whose substantive level, as defined in section 1 of the Definition of Promotion Regulations, corresponds to the position in question — would constitute a promotion within the meaning of section 3 of those Regulations.

For the purpose of subsection (1.1), a position is at a higher level than another position if the assignment of the duties of the position in question — to an employee whose substantive level, as defined in section 1 of the Definition of Promotion Regulations, corresponds to the other position — would constitute a promotion within the meaning of section 3 of those Regulations.

An 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.

Despite 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 if

Subject 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.

Subsection (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.

Subject 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.

Subsection (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.

The 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 would

Prior 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.

The 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.

For the purpose of subsection (1), a standardized test is a systematic procedure for sampling an individual’s behaviour in order to assess job-relevant characteristics. 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.

A deputy head must, before laying off an employee under section 64 of the Act, provide a written notice to the employee that includes

The deputy head must notify in writing any employee referred to in subsection 22(3) who is not selected for lay-off that they are to be retained.

This section does not apply in respect of an employee who is appointed for a specified term.

For the purpose of subsection 64(2) of the Act, the selection of the employees to be laid off in any part of an organization in which the deputy head has determined that the services of some but not all of the employees are no longer required must be conducted in accordance with subsections (2) to (8).

For each category of employees of the same occupational group and level who are either employed in similar positions or performing similar duties in the part of the organization referred to in subsection (1), if the services of some but not all of those employees are no longer required, the deputy head must determine

The deputy head must inform, in writing, all employees who belong to a category referred to in subsection (2) of

The deputy head may, subject to subsections (5) and (6), use any assessment method that they consider appropriate, such as a review of past performance and accomplishments, interviews and examinations, to assess the employees.

Before using an assessment method, the deputy head must conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if a bias or barrier is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.

Any assessment of an employee’s proficiency in their second official language must be conducted using the same methods as apply to appointments to or from within the public service.

Any examination or interview must

The deputy head must assess the employees having regard to the factors determined under subsection (2) and must select which of the employees are to be laid off.

Despite subsections (1) to (8), 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.

The deputy head must record the reasons for selecting or not selecting each employee for lay-off.

This section does not apply in respect of an employee who is appointed for a specified term.