Public Service Employment Regulations

Marginal note:Office of the Governor General’s Secretary

• 6 (1) A person who ceases to be employed in an excluded position and who fulfils one of the following conditions is entitled to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1) to (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) the person was an employee immediately before they were appointed to the excluded position;

  • (b) while employed in an excluded position, the person was found by the Commission in an advertised external appointment process to have met the essential qualifications for an appointment to the public service; or

  • (c) the person was employed in an excluded position for at least three years.

• Marginal note:Entitlement Period

  (2) The entitlement period begins on the day on which the person ceases to be employed in an excluded position and ends on the earliest of

  • (a) the day that is one year after the person ceases to be employed in the excluded position,

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

  • (c) 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.