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

Current to 2022-11-16 · last amended 2006-03-22

Contents
Provision

The Treasury Board, pursuant to subsection 26(1)(c) of the Public Service Employment Act a, hereby makes the annexed Regulations Establishing Periods of Probation and Periods of Notice of Termination of Employment During Probation. S.C. 2003, c. 22, ss. 12 and 13

Provision

November 21, 2005

Provision

Reginald B. Alcock

Provision

President of the Treasury Board and

Provision

Minister responsible for the Canadian Wheat Board

Application

s. 1

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

Probationary Period

s. 2
s. 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.

s. 2(2)

The probationary period does not include any period

s. 2(2)(a)

of leave without pay;

s. 2(2)(b)

of full-time language training;

s. 2(2)(c)

of leave with pay of more than 30 consecutive days; or

s. 2(2)(d)

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

s. 2(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

s. 3
s. 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.

s. 3(2)

The notice period begins on the day the deputy head gives notice to an employee.

Coming into Force

*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.[Note: Regulations in force December 31, 2005, see SI/2005-122.]

Schedule

PROBATIONARY AND NOTICE PERIODS Item Column I Column 2 Column 3 Class of Employees Probationary Period Notice Period 1 Employees who are recruited to undertake training, if successful completion of training is mandatory, and whose appointment is for a period of more than 1 year Duration of the training or 12 months, whichever period is longer 2 Employees who are recruited into an apprenticeship or professional training program and whose appointment is for a period of more than 1 year Duration of the apprenticeship or professional training or 12 months, whichever period is longer 3 Employees 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 year 24 months 1 month 4 Employees who are recruited into a position in the University Teaching Group (UT) and whose appointment is for a period of more than 1 year 36 months 1 month 5 Employees whose appointment is made for a specified period of 1 year or less The total length of the specified periods of employment or 12 months, whichever is shorter 2 weeks or the balance of the specified period of employment, whichever is shorter 6 Employees 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 year 12 months 1 month

SCHEDULE