Public Service Employment Regulations (2000)

The Public Service Employment Regulations, 2000 have been made by the Public Service Commission pursuant to section 35a of the Public Service Employment Act. They have been amended, pursuant to subsection 10(2)b and section 35 of the Act, on July 24, 2001, April 1, 2003 and July 29, 2004.

TABLE OF PROVISIONS

Public Service Employment Regulations (2000)

Interpretation

1. Definitions

"acting appointment" means when an employee temporarily performs the duties of another position, if the performance of those duties would have constituted a promotion had the employee been appointed to the position.
(nomination intérimaire)

"organization", in relation to a deputy head, means a department or other portion of the Public Service of which they are the deputy head for the purposes of the Act. (organisation)

"pre-qualified pool" means a pool, established for a class of similar positions of the same occupational group and level, containing the names of persons who have been assessed against, and found to be qualified in relation to, a standard of competence for those positions. (répertoire de préqualification)

"reclassified", in respect of a position, means a change in either or both the occupational group and level of the position as a result of a classification decision other than a classification decision that affects an entire occupational group. (reclassification)

"shortage group" means an occupational group, or an occupational group and level, for which there is an insufficient supply of qualified applicants. (groupe déficitaire)

"substantive level", in respect of an employee, means the occupational group and level

(a) at which the employee is being paid; or
(b) where the employee has received an acting appointment, at which the employee was being paid immediately before receiving the appointment.
(niveau de titularisation)

(a) whose name is on an eligibility list and who has been or is about to be appointed from the list;
(b) in the case of a selection other than by competition, who has been or is about to be appointed; or
(c) for the purpose of section 24, against whose appointment or proposed appointment an appeal has been filed.
(candidat reçu)

"surplus period" means the period beginning on the day on which an employee is declared to be a surplus employee and ending on the day on which the employee is laid off or scheduled to be laid off. (période excédentaire)

(a) whose name is on an eligibility list and who has not been and is not about to be appointed to a position for which the list was established;
(b) who was a candidate in a closed competition but whose name is not on the eligibility list; or
(c) who met the criteria established under subsection 13(1) of the Act at the time that another person was selected for an appointment from within the Public Service by a process of selection other than a competition.
(candidat non reçu)

"writing" and "written" include, with respect to a person with a disability that affects the capacity to communicate in writing, any means of communication that can be used and understood by that person and that may be retained. (écrit)

Promotion

2. Meaning of "Promotion"

2. (1) Subject to subsections (2) and (3), for the purposes of the Act and these Regulations, "promotion" means the assignment to an employee of the duties of a position for which the maximum rate of pay is more than the maximum rate applicable to the employee's substantive level immediately before the assignment of the duties, by an amount equal to or greater than

(a) the smallest increment on the pay scale for the new position, if it has more than one rate of pay, or
(b) 4% of the maximum rate of pay for the previous position, if the new position has only one rate of pay.

(2) An assignment described in subsection (1) does not include the case when an employee is assigned the duties of another position in the same occupational group and subgroup and at the same or a lower level.

(3) For the purpose of section 40, "promotion" means the appointment of an employee to a new position for which the maximum rate of pay exceeds the maximum rate that applied to the employee's substantive level immediately before the appointment by an amount equal to or greater than

(a) one and one half-times the amount of the smallest increment on the pay scale for the new position, if it has more than one rate of pay, or
(b) 6% of the maximum rate of pay for the previous position, if the new position has only one rate of pay.

Selection Criteria

3. Written statement

3. Before making a selection for appointment, the appropriate deputy head shall prepare a written statement of the qualifications for the position, and shall provide it on request to the Commission or any person, in either or both official languages, as requested.

Employment Equity

4. Appointment of member of disadvantaged group

4. (1) The appointment of a member of a disadvantaged group in accordance with an employment equity program is excluded from

(2) In addition to the exclusions referred to in subsection (1) an acting appointment of a member of a disadvantaged group in accordance with an employment equity program is excluded from section 10 of the Act.

Personnel Selection Processes

5. Selection without competition

5. (1) If a selection referred to in subsection 10(1) of the Act is made by a process of personnel selection other than a competition, that process shall involve the consideration of any material and the conduct of any examinations, tests, interviews and investigations that the Commission considers necessary or desirable in assessing the merit of a candidate.

(2) A selection referred to in subsection 10(2) of the Act may be made in any of the following circumstances:

(a) when an employee is to be promoted within an apprenticeship or professional training program;

(b) when an employee is to be appointed to their reclassified position and

(i) the position has been reclassified as a result of a classification audit or grievance,
(ii) the position is one of a group of similar occupied positions in the same occupational group and level within the same part of an organization that have all been reclassified to the same occupational group and level, or
(iii) there are no other similar occupied positions in the same occupational group and level within the same part of the organization;

(c) the appointment for an indeterminate period, to a position at the same substantive level or to an equivalent occupational group and level in an organization, of an employee who is appointed for a specified period and who has accumulated in the organization at least three years of service without a break in service of more than 60 consecutive days under the criteria set out in the Term Employment Policy established by the Treasury Board and dated December 12, 2002, if the policy applies to the organization;

(c.1) the appointment for an indeterminate period, to a position at the same substantive level or to an equivalent occupational group and level in an organization, of an employee who is appointed for a specified period and who has accumulated in the organization at least five years of service without a break in service of more than 60 consecutive days under the criteria set out in the Long Term Specified Period Employment Policy established by the Treasury Board and dated June 10, 1999, if the policy applies to the organization;

(d) when a person who is a member of a disadvantaged group is to be appointed in accordance with an employment equity program;

(e) in an emergency situation, when a person is to be appointed for a specified period, if the appointment cannot be made under section 21.2 of the Act;

(f) if an employee who has been found qualified by the Commission at the EX-1 level within the Career Assignment Program is to be appointed at that level;

(g) when an employee is to be promoted within an occupational group in which positions are classified according to the qualifications of the incumbents;

(h) when an employee is to be promoted within the Law Group from the LA-01 to the LA-2A level.

(i) when a person is to be appointed to one of a class of similar positions in the same occupational group and level from a pre-qualified pool established by the Commission for that purpose, if the person meets

(i) the security, reliability and medical conditions of employment in respect of the position, and
(ii) the condition of appointment set out in section 5.1 of the Student Employment Programs Regulations; and

(j) when a person is to be appointed to a position that belongs to a shortage group.

(3) The Commission shall remove from a pre-qualified pool the names of any persons who

(a) indicate in writing that they are unable or unwilling to accept an appointment to a position for which the pool was established;
(b) do not consent to an examination or investigation to determine whether they meet the security, reliability and medical conditions of employment in respect of the positions for which the pool was established or do not provide the information and documentation required by the examining or investigating authority for those purposes;
(c) were added to the pool in error;
(d) cease to have the qualifications that are necessary to perform the duties of the positions for which the pool was established;
(e) were appointed to a position for which the pool was established; or
(f) were not appointed to a position for which the pool was established during the two-year period after the date on which their names were added to the pool.

6. Intergroup deployment

6. (1) If the employee to be deployed to a position meets the deployment standard established by the Commission for the occupational group to which the position belongs, a deployment may be made between positions

(a) in different occupational groups;
(b) established under classification plans set out in Schedule 1; and
(c) referred to in paragraphs (a) and (b).

(2) Subsection (1) does not apply to a deployment to the executive, Career Assignment Program or Management Trainee groups.

Acting Appointments

7. Excluded from merit and appeals

7. (1) An acting appointment of an employee is excluded from the application of sections 10 and 21 of the Act for the period beginning on the effective day of the acting appointment and ending on the earlier of

(a) the day on which the acting appointment ends, if that day is within the initial four month period, and
(b) the day on which an extension is made if, as a result of the extension, the cumulative period of the acting appointment will be more than four months.

(2) Subsection (1) does not apply to an acting appointment of an employee that is initially made for a period of more than four months.

(4) Despite subsection (1), an acting appointment of an employee in the Career Assignment Program group within the context of the Career Assignment Program is excluded from the application of sections 10 and 21 of the Act for its duration.

Applications

8. Applications

8. (1) The Commission shall examine and consider any written application referred to in subsection 16(1) of the Act that, subject to subsections (2) and (3), is received at the address and by the date specified in the notice of a competition.

(2) An application shall be considered to be received by the date specified in the notice of a proposed competition if

(a) in the case of an application that was sent by mail, it bears a postmark or postage meter impression authorized by the Canada Post Corporation that is not later than the closing date specified in the notice and the application is received at the address specified in the notice within 10 days after the closing date; and
(b) in the case of an application that was submitted by means other than by mail, it is received at the address by the closing date specified in the notice.

(3) If the Commission determines that exceptional circumstances beyond the control of an eligible person prevented the person from submitting an application by the closing date specified in the notice of a proposed closed competition, it may examine and consider the application, provided that the selection board has not completed its assessment of the candidates.

Language Proficiency of Selection Board

9. Assessment

9. (1) When a selection board is conducting an examination, a test or an interview of a candidate to determine the candidate's qualifications, the members of the board shall be sufficiently proficient in either or both official languages, as the case may be, to permit, without using an interpreter, effective communication between the board and the candidate in the language or languages that the candidate selected for the examination, test or interview.

(2) Any member of a selection board described in subsection (1) who will be assessing the candidate's knowledge and use of a language shall be sufficiently proficient in the language to be able to assess, without using an interpreter, the candidate's knowledge and use of that language.

Eligibility list

10. Validity period

10. The Commission may establish an eligibility list for a period of not more than two years, including any extension to the period, beginning on the effective date of the list.

11. Contents

11. The Commission shall specify the following in writing on an eligibility list:

(a) the effective date of the list;
(b) the validity period of the list; and
(c) any extension of the validity period.

12. Information

12. The Commission shall inform, by letter or by written public notice, each candidate named on an eligibility list of their ranking on the list.

13. Amendments

(a) to add a name that was omitted; and
(b) to correct an incorrect name, address or date or an incorrect ranking of the order of merit of the candidates, other than as a result of a reassessment of merit.

(2) If an eligibility list is amended under subsection (1), the Commission shall notify each candidate whose rank is affected by the amendment of the reason for the amendment and of their ranking on the amended list.

(3) If the amendment of an eligibility list established as a result of a closed competition results in a change in the order of merit, the Commission shall, in accordance with section 19, issue a notice of the right to appeal any appointment or proposed appointment that is affected by the amendment.

14. Deletions

14. The Commission shall delete a candidate's name from an eligibility list if

(a) the candidate has indicated in writing that they are unable or unwilling to accept an appointment from the list;
(b) the name must be deleted as a result of corrective action taken under subsection 6(2), section 7.5, subsection 21(2) or (3) or section 43 of the Act;
(c) the candidate does not consent to the examination or investigation referred to in subsection 18(1) or does not provide the information and documentation referred to in that subsection;
(d) the candidate does not meet a condition of employment referred to in subsection 17(1.1) of the Act in respect of a position that is to be filled from the list; or
(e) the candidate does not meet the condition of appointment established by section 5.1 of the Student Employment Programs Regulations.

15. Use

15. (1) If an eligibility list has been established for a position, an appointment to the position must be made according to the list, unless it has been exhausted or has expired, before an appointment shall be made as a result of any other process of personnel selection.

(2) If an appointment is to be made from an eligibility list, including an acting appointment, the candidate ranking highest on the list who meets the conditions of employment referred to in subsection 17(1.1) of the Act and who is willing and available to accept the appointment shall be appointed to the position.

16. Best interests of the Public Service

16. (1) If the candidate ranking highest on an eligibility list established as a result of an open competition is from outside the Public Service, before that candidate is appointed the Commission shall determine, for the purpose of section 11 of the Act, whether it is not in the best interests of the Public Service to appoint a person from within the Public Service.

(2) If the Commission determines that it is in the best interests of the Public Service to appoint a person from within the Public Service, the Commission may do so if the appointment would not contravene subsection 15(2).

17. Other list

17. (1) If no eligibility list is established in relation to a particular position, or if the established eligibility list has been exhausted or has expired, the Commission may make an appointment to the position from another eligibility list established for a similar position in the same occupational group at the same or a higher level, if the notice of the competition for which the other list was established clearly indicated the possibility of such an appointment.

(2) If an appointment is made from an eligibility list established for a position at a higher level than the level at which the appointment is made, the name of the appointed candidate shall remain on the eligibility list and the candidate shall remain eligible for future appointments made at the higher level from that list.

(3) If an acting appointment or an appointment for a specified period is made from an eligibility list established to make indeterminate appointments, the name of the appointed candidate shall remain on the eligibility list and the candidate shall remain eligible for future indeterminate appointments made from that list.

Security, Reliability and Medical Requirements

18. Consent to examination or investigation

18. (1) An examination or investigation to determine whether a candidate meets the security, reliability and medical conditions of employment specified in subsection 17(1.1) of the Act shall not be made unless the candidate consents to it and provides the information and documentation required by the examining or investigating authority for those purposes.

(2) The appropriate deputy head shall determine the period within which a candidate must consent and provide the information and documentation required in subsection (1).

(3) If a candidate does not provide the information and documentation within the period determined by the appropriate deputy head, they are not eligible to be considered further for appointment to that position.

Appeals

19. Information

19. When a person is appointed or is about to be appointed, the Commission shall inform any unsuccessful candidate by letter or written public notice of the following:

(a) the name of the person appointed or about to be appointed;
(b) the name and ranking of all of the candidates on the eligibility list, if one exists;
(c) the unsuccessful candidate's right to appeal under subsection 21(1) or (1.1) of the Act, as the case may be; and
(d) the period within which an appeal may be brought as set out in section 21.

20. Dates

20. For the purpose of section 19, an unsuccessful candidate is considered to have been informed on the day that is

(a) if a letter is sent by mail, six days after

(i) the date of the postmark or the date of the postage meter impression authorized by the Canada Post Corporation, or
(ii) if both the postmark and the postage meter impression appear on the envelope, the later of them;

(b) if a letter is delivered by hand or by courier service, the date it is delivered;
(c) if a letter is sent by electronic media, the date it is transmitted; and
(d) if a public notice is posted, the date indicated on the public notice.

21. Appeal period

21. (1) For the purposes of subsections 21(1) and (1.1) of the Act, an appeal shall be brought by sending a written document to the Commission within 14 days after the date on which the unsuccessful candidate is considered to have been informed under section 20.

(2) Subject to subsection (3), the appeal board referred to in section 21 of the Act may authorize an unsuccessful candidate to bring an appeal after the appeal period expires if exceptional circumstances beyond the candidate's control prevent their bringing an appeal within that period.

(3) An appeal authorized under subsection (2) shall be brought within 14 days after the date the exceptional circumstances referred to in that subsection cease, but shall not be brought later than 45 days after the date on which the unsuccessful candidate is considered to have been informed under section 20.

22. Language of hearing

22. The written document bringing an appeal shall state whether the appeal is to be heard in English or in French.

23. Appeal board established

23. On receipt of a written document bringing an appeal, the Commission shall

(a) refer the matter to an appeal board to conduct an inquiry into the matter;
(b) send a letter to the appellant acknowledging receipt of the document; and
(c) inform the deputy head concerned and the successful candidate of the appeal.

24. Successful candidate

25. Notice of hearing

25. (1) Subject to subsection (4), the registrar of appeals shall send to the deputy head concerned, the successful candidate and the appellant a notice in writing indicating the date, time and place of the hearing at least 14 days before the date of the hearing.

(2) Subject to subsections (5) and (7), the notice of hearing shall only be given after full disclosure is completed.

(3) Subject to subsection (8) and (9), full disclosure shall be completed within 45 days after the date of the letter, referred to in paragraph 23(b), that acknowledges receipt of the written document bringing the appeal.

(4) If the persons referred to in subsection (1) agree, the notice of hearing may be given less than 14 days before the date of the hearing.

(5) The notice of hearing may be given after the period referred to in subsection (3) has expired, whether or not full disclosure has been completed.

(6) The notice of hearing may be given before the expiry of the period referred to in subsection (3) if full disclosure has been completed and confirmed in writing by the persons referred to in subsection (1).

(7) The notice of hearing may be given before full disclosure is completed if the appeal concerns

(a) an acting appointment;
(b) an appointment for a specified period;
(c) an appointment made as a result of measures taken under subsection 21(3) of the Act; or
(d) a jurisdictional issue.

(8) If an appeal board has reasonable grounds to believe that full disclosure cannot be completed within the period referred to in subsection (3), it may within that period, on the request of the appellant or the deputy head concerned, make an order

(a) if necessary, extending that period one or more times; or
(b) imposing any measure it considers necessary to complete full disclosure.

(9) An appeal board may, at any time, make an order imposing any measure it considers necessary to complete full disclosure.

26. Access

26. (1) An appellant shall be provided access, on request, to any information, or any document that contains information, that pertains to the appellant or to the successful candidate and that may be presented before the appeal board.

(2) The deputy head concerned shall provide the appellant, on request, with a copy of any document referred to in subsection (1).

(3) Despite subsections (1) and (2), the deputy head concerned or the Commission, as appropriate, may refuse to allow access to information or a document, or to provide a copy of a document, if the disclosure might

(a) threaten national security or any person's safety;
(b) prejudice the continued use of a standardized test that is owned by the deputy head's department or the Commission or that is commercially available; or
(c) affect the results of such a standardized test by giving an unfair advantage to any individual.

(4) If the deputy head concerned or the Commission refuses to allow access to information or a document under subsection (3), the appellant may request that the appeal board order such access.

(5) If the appeal board orders access to information or a document under subsection (4), that access is subject, before and during the hearing, to any conditions that the appeal board considers necessary to prevent the situations described in paragraphs (3)(a) to (c) from occurring.

(6) Any information or document obtained under this section shall be used only for purposes of the appeal.

27. Allegations in writing

27. (1) The allegations submitted by the appellant to the deputy head concerned shall be in writing and sufficiently detailed to permit the deputy head to provide a response.

(2) Despite subsection (1), in exceptional circumstances and with the consent of the appeal board, allegations may be submitted orally.

(3) An appellant may only amend allegations, or introduce new allegations, at an appeal if the amendments or new allegations result from information obtained after full disclosure has been completed that could not otherwise have reasonably been obtained by the appellant during disclosure.

(4) The appellant or deputy head concerned may request that the appeal board adjourn the appeal hearing if they have been prejudiced by the submission by the other party of documents, information or allegations that, for reasons beyond the party's control, could not be disclosed within the period referred to in subsection 25(3).

28. Completion of inquiry

28. As soon as practicable after the inquiry into the matter is complete, the appeal board shall notify the Commission, the deputy head concerned, the appellant and the successful candidate of the board's decision and reasons for the decision.

Deployment investigations

29. Notice period

29. (1) An employee who intends to refer a complaint to the Commission under subsection 34.4(1) of the Act shall do so in writing within 14 days after the day on which they are notified by the deputy head concerned of the disposition of the complaint in accordance with the Treasury Board Deployment Policy and shall state in which official language the investigation is to be conducted.

(2) For the purpose of subsection (1), an employee is considered to have been notified by the deputy head concerned on the day that is

(a) if notified by mail, six days after

(b) if the notice is delivered by hand or by courier service, the date it is delivered; and
(c) if a letter is sent by electronic media, the date it is transmitted.

Probation

30. Probationary period

30. (1) The probationary period referred to in subsection 28(1) of the Act is the period described in Schedule 2 that corresponds to the class of employees of which the employee is a member.

(2) For the purpose of subsection 28(1) of the Act, the date of appointment of an employee who is disabled and requires job accommodation is considered to be the date on which the necessary accommodation is made.

31. Notice period

31. (1) The notice period referred to in subsection 28(2) of the Act is the period described in Schedule 2 that corresponds to the class of employees of which the employee is a member.

(2) A notice period set out in Schedule 2 begins on the day the deputy head gives notice to the employee.

Lay-offs

32. Reverse order of merit

32. (1) If the services of one or more employees of a part of an organization are no longer required in accordance with section 29 of the Act, the appropriate deputy head shall assess the merit of the employees employed in similar positions in the same occupational group and level within that part of the organization, and identify the employees who may be declared surplus and laid off in reverse order of merit.

(2) Despite subsection (1), the determination of reverse order of merit for employees in the Ship Repair group in the Department of National Defence shall be based on a combination of merit and seniority factors approved by the Commission.

(3) Despite subsection (1), if an employee volunteers to be laid off, the appropriate deputy head may declare the employee to be a surplus employee and may lay off the employee.

(4) Subsections (1) to (3) do not apply if the services of all employees employed in similar positions in the same occupational group and level within the same part of the organization are no longer required in accordance with section 29 of the Act.

(5) This section does not apply to an employee who is appointed for a specified period.

33. Information

(a) the Commission of the names of the employees who may be laid off in accordance with section 32 and the proposed date of the lay-off; and
(b) any employee who is declared to be a surplus employee of the proposed lay-off date.

34. Period of entitlement

34. (1) Subject to subsection (2), the period of entitlement referred to in subsections 29(3) and (4) of the Act is one year beginning on the lay-off date.

(2) An employee who is laid off and who is appointed for an indeterminate period or declines an appointment for an indeterminate period without good and sufficient reason ceases to be entitled to be appointed under subsection 29(3) of the Act.

Priorities

35. Surplus employees

35. (1) Subject to subsection (2) and section 40, a surplus employee is entitled, during the surplus period, to be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons, to a position in the Public Service for which, in the opinion of the Commission, the surplus employee is qualified.

(2) A surplus employee who is appointed or deployed for an indeterminate period, who refuses a reasonable job offer or who is laid off ceases to be entitled to be appointed to a position under subsection (1).

36. Employee who becomes disabled

36. (1) Subject to subsections (2) to (4) and section 40, 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 be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons, to a position in the Public Service for which, in the opinion of the Commission, the employee is qualified.

(2) The entitlement under subsection (1) is for a period of two years beginning on the day on which a competent authority certifies that the employee is ready to return to work, provided that that day is within two years after they became disabled.

(3) The entitlement under subsection (1) continues even if, as a result of their disability, the individual ceases to be an employee.

(4) An employee referred to in subsection (1) who is appointed or deployed for an indeterminate period or who declines an appointment for an indeterminate period without good and sufficient reason ceases to be entitled under that subsection.

(5) 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) the Quebec Pension Plan;
(c) the Public Service Superannuation Act;
(d) the Government Employees Compensation Act; or
(e) a Public Service group disability insurance plan.

37. Canadian Forces and RCMP

37. (1) Subject to subsections (2) and (3) and section 40, a person who becomes disabled as a result of special duty service while being a member of the Canadian Forces or the Royal Canadian Mounted Police is entitled to be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons, to a position in the Public Service for which, in the opinion of the Commission, the person is qualified.

(2) The entitlement under subsection (1) is for a period of two years beginning on the day on which a competent authority certifies that the person is ready to return to work, provided that that day is within two years after they became disabled.

(3) A person referred to in subsection (1) who is appointed for an indeterminate period or who declines an appointment for an indeterminate period without good and sufficient reason ceases to be entitled to be appointed under that subsection.

(4) For the purpose of subsection (2), a person is considered to have become disabled on the day on which they are released from the Canadian Forces or discharged from the Royal Canadian Mounted Police, for medical reasons.

(5) For the purpose of subsection (1), "special duty service" has the meaning assigned by

(a) in respect of a member of the Canadian Forces, subsection 3(1) of the Pension Act; and

(b) in respect of a member of the Royal Canadian Mounted Police, subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act.

38. Relocation of spouse or common law partner

38. (1) Subject to subsections (2) and (3) and section 40, 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 section 30 of the Act is entitled to be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons, to a position in the Public Service for which, in the opinion of the Commission, the employee is qualified.

(2) The entitlement under subsection (1) is for the period of the leave of absence.

(3) An employee referred to in subsection (1) who is appointed or deployed for an indeterminate period or who declines an appointment for an indeterminate period without good and sufficient reason ceases to be entitled to be appointed under that subsection.

39. Reinstatement

39. (1) Subject to subsections (2) and (3) and section 40, an employee referred to in subsection 35(1) or 36(1) or in section 29 of the Act who is appointed or deployed to a position at a lower level is entitled to be appointed without competition and, subject to sections 29, 30 and 39 of the Act, in priority to all other persons, to a position in the Public Service that is of a level that is not higher than the position the employee held immediately before the date the appointment or deployment to the lower level position took effect and for which, in the opinion of the Commission, the employee is qualified.

(2) The entitlement under subsection (1) is for a period of three years beginning on the day of the appointment or deployment to the lower level.

(3) An employee referred to in subsection (1) who is appointed or deployed for an indeterminate period to a position that is of a level equivalent to or higher than the position the employee held immediately before the date that the priority entitlement took effect, or who declines such an appointment or deployment for an indeterminate period without good and sufficient reason, ceases to be entitled to be appointed under that subsection.

40. Not applicable

40. The entitlement to an appointment in priority established by sections 35 to 39 does not apply to appointments referred to in subsection 10(2) of the Act, acting appointments, employees whose appointment is for a specified period and, except in the case of an appointment under section 39, appointments that would constitute promotions.

Executive Group

41. Application

42. Individual merit

42. A selection referred to in subsection 10(2) of the Act may be made in any of the following circumstances:

(a) when an employee in the executive group is to be promoted to the classification level of a position in the group to which the employee had previously been appointed at a lower level under paragraph 46(a);
(b) when an employee in the executive group is to be promoted within the Accelerated Executive Development Program established by the Commission; or
(c) when an employee whose name is in an assistant deputy minister prequalification pool established in accordance with subsection 43(2) is to be appointed to a position at the level of an assistant deputy minister.

43. Assistant deputy ministers

(a) assess employees against a standard of competence for positions at the level of an assistant deputy minister and place the names of qualified employees into a pool from which appointments to positions at that level may be made;
(b) remove from that pool the names of any employees for reasonable cause; and
(c) remove from that pool the names of employees who have not been appointed within two years after their names were placed in the pool.

44. Appeals

44. Section 21 of the Act does not apply if an appointment is made or about to be made

(a) of an employee in the executive group to another position in that group;
(b) in the circumstances described in paragraph 42(c); or
(c) to a position in the executive group, in the circumstances described in paragraph 5(2)(i).

45. Acting appointments

45. (1) An acting appointment of an employee in the executive group is excluded from the application of section 10 of the Act for the period beginning on the effective day of the acting appointment and ending on the earlier of,

(a) the day on which the acting appointment ends, if that day is within the initial six month period, and
(b) the day on which an extension is made if, as a result of the extension, the cumulative period of the acting appointment will be more than six months.

(2) Subsection (1) does not apply to an acting appointment that is initially made for a period of more than six months.

(4) Despite subsection (1), an acting appointment of an employee in the executive group within the Accelerated Executive Development Program established by the Commission is excluded from the application of section 10 of the Act for its duration.

46. Underfill and overfill

46. A person may be appointed to a position in the executive group at a level that is

(a) lower than the classification level of the position; or
(b) higher than the classification level of the position, provided that compensation at the higher level is authorized by the Treasury Board.

Repeal

47. Regulations repealed

Coming Into Force

48. Coming into force

Schedule 1: Positions Established under Classification Plans

1. Positions established under the classification plan of Indian Oil and Gas Canada

2. Positions established under the classification plan of the National Energy Board

Schedule 2 Probation and Notice Periods

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, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days

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, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days

(a) 2 weeks, if the employee has been employed in the apprenticeship or professional training program for 1 year or less; or

(b) 1 month, if the employee has been employed in the apprenticeship or professional training program for more than 1 year

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, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days, or, in the case of a seasonal employee, any period during which the employee is not required to perform the duties of the position because of the seasonal nature of the duties

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, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days, or, in the case of a seasonal employee, any period during which the employee is not required to perform the duties of the position because of the seasonal nature of the duties

Employees who are recruited and who are not described in item 1, 2, 3 or 4 and whose appointment is for a period of more than 1 year

12 months, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days, or, in the case of a seasonal employee, any period during which the employee is not required to perform the duties of the position because of the seasonal nature of the duties

The total length of the specified periods of employment or 12 months, whichever is shorter, excluding any period of leave without pay or full-time language training and any period of leave with pay of more than 30 consecutive days, or, in the case of a seasonal employee, any period during which the employee is not required to perform the duties of the position because of the seasonal nature of the duties

2 weeks or the balance of the specified period of employment, whichever is shorter


	Updated: 2006-10-26	Important Notices

Public Service Employment Regulations (2000)

Regulations

TABLE OF PROVISIONS