Public Service Employment Regulations (SOR/2005-334)

Marginal note:Excluded from sections 30 and 77 of the Act

• 14 (1) 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.

• Marginal note:Exception

  (2) 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

  • (a) the Commission is able to fill the position with an appointment of a person who meets the language proficiency qualification; or

  • (b) the cumulative period of the acting appointments of all persons in that position is four months or more.

Marginal note:Exemption from official language proficiency — encumbered position

• 15 (1) 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.

• Marginal note:Exception

  (2) 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.

Marginal note:Exemption from official language proficiency — language training

• 16 (1) 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.

• Marginal note:Exception

  (2) 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.

Marginal note:Rotational position

17 Despite sections 14 to 16, an acting appointment to a position in a rotational system established by the deputy head, in order to provide for the movement of employees within and outside Canada in the following organizations is excluded from the application of sections 30 and 77 of the Act:

• (a) Department of Citizenship and Immigration,

• (b) Department of Foreign Affairs and International Trade, and

• (c) Canada Border Services Agency.

Executive Group

Marginal note:Underfill and overfill

18 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 of Information Obtained in the Course of an Investigation

Marginal note:Disclosure

• 19 (1) 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

  • (a) promote fair and transparent employment practices;

  • (b) promote accountability;

  • (c) ensure that action is taken to correct wrongdoing or improper employment practices and prevent recurrences of such practices; or

  • (d) encourage the adoption or continuance of proper employment practices.

• Marginal note:Privacy interests

  (2) 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.

Marginal note:Disclosure of standardized test

• 20 (1) 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.

• Marginal note:Standardized test

  (2) For the purpose of subsection (1), a standardized test is a systematic procedure for sampling an individual’s behaviour in order to evaluate jobrelevant competencies. 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.

Lay-offs

Marginal note:Selection of employees for lay-off

• 21 (1) If the services of one or more employees of a part of an organization are no longer required in accordance with section 64 of the Act, the deputy head shall assess the merit of the employees employed in similar positions or performing similar duties in the same occupational group and level within that part of the organization, and identify, in accordance with merit, the employees who are to be retained having regard to the continuing functions of that part of the organization and the remaining employees who are to be advised that their services are no longer required and are to be laid off.

• Marginal note:Recording reasons

  (2) Deputy heads shall record the reasons for the selection of those employees to be retained.

• Marginal note:Ship Repair group

  (3) Despite subsection (1), the determination of employees to be laid off in the Ship Repair group in the Department of National Defence shall be based on a combination of merit and seniority factors and shall be made in consultation with the bargaining agents concerned.

• Marginal note:Employee volunteers

  (4) Despite subsection (1), 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.

• Marginal note:Information

  (5) The deputy head shall, in writing, inform

  • (a) the Commission of the names of the employees who are to be laid off in accordance with this section and the proposed date of the lay-off; and

  • (b) any employee who is advised that their services are no longer required, of the proposed layoff date.

• Marginal note:Specified period

  (6) Subsections (1) to (5) do not apply to an employee who is appointed for a specified period.

Repeals

22 [Repeal]

23 [Repeal]

Coming into Force

Footnote ^*24 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.

• Return to footnote ^*[Note: Regulations in force December 31, 2005, see SI/2005-122.]