Public Service Employment Regulations

Public Service Employment Regulations The Public Service Commission, pursuant to section 22 of the Public Service Employment Acta, hereby makes the annexed Public Service Employment Regulations. Ottawa, November 4, 2005 S.C. 2003, c. 22, ss. 12 and 13 Interpretation The following definitions apply in these Regulations. Act means the Public Service Employment Act. (Loi) acting appointment means an appointment for the temporary performance of the duties of another position by an employee, if the assignment to the employee of those duties constitutes a promotion within the meaning of section 3 of the Definition of Promotion Regulations. (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 (conjoint de fait) excluded position[Repealed, SOR/2010-89, s. 1] regular force has the same meaning as in subsection 2(1) of the National Defence Act.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) Incumbent-based process For 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. Exclusion from statutory priority rights A 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. Non-application — certain appointments The entitlement to appointment in priority established under sections 5 to 10 does not apply to incumbent-based appointments; acting appointments; and the 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 persons 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. Canadian Forces — release for medical reasons attributable to service 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: a member of the regular force; a member of the reserve force; and a member of the special force. Conditions Subject to subsection (3), the priority applies if the 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; and the day specified is within five years after the day on which the person is released. Alternative condition 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. Beginning of entitlement period The entitlement period begins on if 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; or if 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 period The entitlement period ends on the earliest of the fifth anniversary of 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; 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; and if the person is employed in the public service for a specified term, the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act. Surplus employees 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. Entitlement period The entitlement period begins on the day on which an employee is declared surplus by the deputy head and ends on the earliest of the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period, and [Repealed, SOR/2024-295, s. 4] the day on which the employee is laid off. [Repealed, SOR/2010-89, s. 2] Employee unable to carry out their duties 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 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 the day specified is within five years after the day on which the employee became disabled. 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 fifth anniversary of 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; 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; and if the employee is employed in the public service for a specified term, Entitlement continues The entitlement under subsection (1) continues even if, as a result of the person’s disability, they cease to be an employee. Additional entitlement period 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 April 1, 2028, and the earliest day on which any of the events referred to in paragraphs (2)(b) to (d) occurs, with the word “employee” in those paragraphs being read as “person”. Application This section applies in respect of an employee who qualifies for disability compensation under the 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; or a public service group disability insurance plan. RCMP — discharge for medical reasons 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: a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and a member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service. The priority applies if the 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; and the day specified is within five years after the day on which the person is discharged. 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 earliest day on which any of the events referred to in paragraphs (3)(b) to (d) occurs. Canadian Forces — release for medical reasons 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 member of the special force; and a member of the reserve force on Class B Reserve Service of more than 180 consecutive days or on Class C Reserve Service. the person requests the priority within five years after the day on which the person is released; the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service; 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. [Repealed, SOR/2024-295, s. 8] Surviving spousal or common-law priority 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: an employee; a member of the regular force, reserve force or special force; a member of the Reserve of the Royal Canadian Mounted Police. [Repealed, SOR/2015-115, s. 6] The priority applies if the spouse or common-law partner is 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; and makes a request within five years after the day on which they qualify for the compensation. Exception — additional period to make request A spouse or common-law partner is deemed to satisfy paragraph (2)(c) if they qualified for the compensation referred to in paragraph (2)(b) no earlier than April 1, 2020 and no later than March 31, 2023; did not make a request within the time referred to in paragraph (2)(c), as it read on March 31, 2025; and make a request no later than April 1, 2028. The entitlement period begins on the day on which the request is made and ends on the earliest of the second anniversary of 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; the day on which the spouse or common-law partner declines an appointment for an indeterminate period without good and sufficient reason; and if the spouse or common-law partner is employed in the public service for a specified term, Relocation of spouse or common-law partner 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 day on which the period of leave of absence ends, the 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 declines an appointment or deployment to a position in the public service for an indeterminate period without good and sufficient reason, and Reinstatement 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: an employee referred to in section 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 for an indeterminate period to a position in the public service that is at a lower level than the position they held immediately before they became entitled to priority under one of those provisions; and an employee referred to in subsection 7(1) or 9(1) who holds a substantive position that is at a lower level than the position they held immediately before they became entitled to priority under one of those provisions, if their period of employment in that position has been converted to indeterminate under subsection 59(1) of the Act. Eligible positions The position must be at a level that is higher than the employee’s current position; and not higher than the position that the employee held immediately before their entitlement to priority under section 40 or subsection 41(1) or (4) of the Act or subsection 5(1), 7(1) or 9(1) of these Regulations, as the case may be, took effect. The entitlement period begins on the day of the appointment, deployment or conversion and ends on the earliest of the first anniversary of that day, the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service that is at a level that is not lower than the position that the employee held immediately before their entitlement to a priority under section 40 or subsection 41(1) or (4) of the Act or subsection 5(1), 7(1) or 9(1) of these Regulations, as the case may be, took effect, and the day on which the employee declines an appointment or deployment referred to in paragraph (b) without good and sufficient reason. Interpretation — lower level 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. Interpretation — higher level 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. Lay-off The periods referred to in subsection 41(4) and section 44 of the Act begin on the day on which the person is laid off and end on the earliest of the first anniversary of 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, and 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. Excluded from priorities and notification 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. Notice 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: 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 Act 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. Exception 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 the Commission is able to fill the position with an appointment of a person who meets the language proficiency qualification; or the cumulative period of the acting appointments of all persons in that position is four months or more. Exemption from official language proficiency — encumbered position 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. Exemption from official language proficiency — language training 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. Rotational position Despite sections 14 to 16, an acting appointment is excluded from the operation of sections 30 and 77 of the Act if it is to a position in a rotational system that is established by the deputy head in any of the following organizations and requires the movement of employees among places of work, at least one of which is outside Canada: Department of Citizenship and Immigration; Department of Foreign Affairs, Trade and Development; and Canada Border Services Agency. Underfill and overfill A 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 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 promote 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; or encourage the adoption or continuance of proper employment practices. Privacy interests 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. Disclosure of standardized test 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. Standardized test 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 a statement indicating that they are to be laid off; the reason, among those set out in subsection 64(1) of the Act, that their services are no longer required; if they were selected for lay-off under subsection 64(2) of the Act, the reason they were selected for lay-off, and a statement indicating that they have a right to make a complaint under subsection 65(1) of the Act; the date on which their services will no longer be required; and the date on which they are to be laid off or, if that date is not known, a statement indicating that they will be advised, in writing, of that date once it is known. Employees retained 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. Non-application — specified term This section does not apply in respect of an employee who is appointed for a specified term. Selection of employees for lay-off 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). Determination of qualifications, requirements and needs 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 essential qualifications that are most relevant for the work to be performed, including official language proficiency, and any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future; and any relevant current or future operational requirements or needs of the organization. Information The deputy head must inform, in writing, all employees who belong to a category referred to in subsection (2) of the qualifications, requirements and needs that were determined under that subsection and in relation to which the employees will be assessed; the assessment methods that will be used; and the opportunity to request accommodation measures and the process for doing so. Assessment methods 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. Identification of biases and barriers 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. Second language assessment 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. Language of examination or interview Any examination or interview must except in the case referred to in paragraph (b), be conducted in English or French or both at the option of the employee; and if its purpose is to assess the employee’s knowledge and use of English or French or both, or of a third language, be conducted in that language or those languages. Assessment and selection 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. Volunteers 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. Recording reasons The deputy head must record the reasons for selecting or not selecting each employee for lay-off. [Repealed, SOR/2024-295, s. 15] These 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.] Continuation of priority On 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. For the purpose of subsection (2), Directive means the Work Force Adjustment Directive that was issued on the recommendation of the National Joint Council of the Public Service and with the approval of the Treasury Board and came into force on December 15, 1991, as amended from time to time. Section 21 of the Public Service Employment Regulations, as it read immediately before the day on which section 15 of these Regulations comes into force, continues to apply in respect of the lay-off of an employee who, before that day, is advised in writing that they are an affected employee within the meaning of the Directive or their collective agreement or is advised in writing, in accordance with the Directive or their collective agreement, that they are subject to a workforce adjustment situation. Section 22 of the Public Service Employment Regulations, as enacted by section 15 of these Regulations, does not apply in respect of the lay-off of an employee referred to in subsection (2).