Public Service Employment Regulations (SOR/2005-334)

AMENDMENTS NOT IN FORCE

• — SOR/2024-295, s. 2

  • 2 Subsection 4(2) of the English version of the Regulations is replaced by the following:

    • Non-application — certain persons

      (2) 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.

• — SOR/2024-295, s. 3

  • • 3 (1) Paragraph 4.1(5)(a) of the Regulations is replaced by the following:

      • (a) the fifth anniversary of the day on which the entitlement period begins under subsection (4);

    • (2) Subsection 4.1(5) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) if the person is employed in the public service for a specified term,

        • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

        • (ii) 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.

• — SOR/2024-295, s. 4

  • 4 Subsection 5(2) of the Regulations is amended by adding “and” at the end of paragraph (a) and by repealing paragraph (b).

• — SOR/2024-295, s. 5

  • • 5 (1) The portion of subsection 7(1) of the Regulations before paragraph (a) is replaced by the following:

      • Employee unable to carry out their duties

        • 7 (1) 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

    • (2) Paragraph 7(2)(a) of the Regulations is replaced by the following:

      • (a) the fifth anniversary of the day on which the entitlement period begins;

    • (3) Subsection 7(2) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) if the employee is employed in the public service for a specified term,

        • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

        • (ii) 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.

    • (4) Section 7 of the Regulations is amended by adding the following after subsection (3):

      • Additional entitlement period

        (3.1) 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

        • (a) April 1, 2028, and

        • (b) 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”.

    • (5) The portion of subsection 7(4) of the Regulations before paragraph (a) is replaced by the following:

      • Application

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

• — SOR/2024-295, s. 6

  • • 6 (1) Paragraph 7.1(3)(a) of the Regulations is replaced by the following:

      • (a) the fifth anniversary of the day on which the entitlement period begins;

    • (2) Subsection 7.1(3) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) if the person is employed in the public service for a specified term,

        • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

        • (ii) 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.

    • (3) Section 7.1 of the Regulations is amended by adding the following after subsection (3):

      • Additional entitlement period

        (4) 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

        • (a) April 1, 2028, and

        • (b) the earliest day on which any of the events referred to in paragraphs (3)(b) to (d) occurs.

• — SOR/2024-295, s. 7

  • • 7 (1) Paragraph 8(2)(a) of the Regulations is replaced by the following:

      • (a) the fifth anniversary of the day on which the entitlement period begins;

    • (2) Subsection 8(2) of the Regulations is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

      • (d) if the person is employed in the public service for a specified term,

        • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

        • (ii) 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.

• — SOR/2024-295, s. 8

  • 8 Sections 8.01 and 8.02 of the Regulations are repealed.

• — SOR/2024-295, s. 9

  • • 9 (1) Paragraph 8.1(2)(c) of the Regulations is replaced by the following:

      • (c) makes a request within five years after the day on which they qualify for the compensation.

    • (2) Subsection 8.1(3) of the Regulations is replaced by the following:

      • Exception — additional period to make request

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

        • (a) qualified for the compensation referred to in paragraph (2)(b) no earlier than April 1, 2020 and no later than March 31, 2023;

        • (b) did not make a request within the time referred to in paragraph (2)(c), as it read on March 31, 2025; and

        • (c) make a request no later than April 1, 2028.

    • (3) The portion of subsection 8.1(4) of the Regulations before paragraph (b) is replaced by the following:

      • Entitlement period

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

        • (a) the second anniversary of the day on which the request is made;

    • (4) Subsection 8.1(4) of the English version of the Regulations is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

      • (c) the day on which the spouse or common-law partner declines an appointment for an indeterminate period without good and sufficient reason; and

    • (5) Subsection 8.1(4) of the Regulations is amended by adding the following after paragraph (c):

      • (d) if the spouse or common-law partner is employed in the public service for a specified term,

        • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

        • (ii) 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.

• — SOR/2024-295, s. 10

  • 10 Paragraphs 9(2)(b) and (c) of the Regulations are replaced by the following:

    • (b) the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period,

    • (c) 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

    • (d) if the employee is employed in the public service for a specified term,

      • (i) the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or

      • (ii) 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.

• — SOR/2024-295, s. 11

  • • 11 (1) Subsection 10(1) of the Regulations is replaced by the following:

      • Reinstatement

        • 10 (1) 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:

          • (a) 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

          • (b) 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

          (1.1) The position must be at a level that is

          • (a) higher than the employee’s current position; and

          • (b) 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.

    • (2) The portion of subsection 10(2) of the Regulations before paragraph (c) is replaced by the following:

      • Entitlement period

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

        • (a) the first anniversary of that day,

        • (b) 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

    • (3) Paragraph 10(2)(c) of the French version of the Regulations is replaced by the following:

      • c) le jour où il refuse toute nomination ou mutation visée à l’alinéa b) sans motif valable et suffisant.

    • (4) Section 10 of the Regulations is amended by adding the following after subsection (2):

      • Interpretation — lower level

        (3) 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

        (4) 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.

• — SOR/2024-295, s. 12

  • 12 The portion of section 11 of the Regulations before paragraph (b) is replaced by the following:

    • Lay-off

      11 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

      • (a) the first anniversary of the day on which the person is laid off,