Part II, chapter 10: Surviving spouse or common-law partner

10.1 Legal basis

PSER, section 8.1

(1) 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:

1. an employee;
2. a member of the regular force, reserve force or special force;
3. a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police;
4. a member of the Reserve of the Royal Canadian Mounted Police; and
5. and (f) [Repealed, SOR/2015-115, s. 6]

(2) The priority applies if the spouse or common-law partner:

1. is not employed in the public service for an indeterminate period at the time the request is made;
2. 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
3. makes a request within five years after the day on which they qualify for compensation.

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

1. qualified for the compensation referred to in paragraph (2)(b) no earlier than April 1, 2020 and no later than March 31, 2023;
2. did not make a request within the time referred to in paragraph (2)(c), as it read on March 31, 2025; and
3. make a request no later than April 1, 2028

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

1. the second anniversary of the day on which the request is made;
2. the day on which the spouse or common-law partner is appointed to a position in the public service for an indeterminate period; 
3. the day on which the spouse or common-law partner declines an appointment for an indeterminate period without good and sufficient reason; and
4. if the spouse or common-law partner is employed in the public service for a specified term,
   1. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or
   2. 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.

10.2 Application

The priority entitlement applies to surviving spouses or common-law partners of employees whose organizations are subject to the Public Service Employment Act (PSEA) or who were members in the Canadian Armed Forces (CAF) or the Royal Canadian Mounted Police (RCMP) and whose death is attributable to the performance of duties, as outlined in Public Service Employment Regulations (PSER) subsection 8.1(1).

For the purpose of this priority entitlement, a death is deemed to be attributable to the performance of duties if the spouse or common-law partner qualifies for compensation as a result of the death of that person, under a federally or provincially legislated plan, such as the Government Employees Compensation Act, the Royal Canadian Mounted Police Superannuation Act or the Veterans Well-being Act.

10.3 The entitlement

Unlike the other priority entitlements, the surviving spouse or common-law partner priority entitlement applies to advertised external appointment processes only.

Persons holding this priority entitlement are entitled to be appointed in priority to all other persons, except those with a statutory priority entitlement, to any term or indeterminate position in the public service for which they meet the essential qualifications, referred to in PSEA paragraph 30(2)(a). There are no restrictions with respect to the group and level or location of the position to which an appointment may be made pursuant to this entitlement, as long as the person meets the essential qualifications and conditions of employment.

There is no specified order of appointment with respect to persons holding regulatory priority entitlements.

10.4 Conditions of eligibility

In order to qualify for this priority entitlement, the surviving spouse or common-law partner must:

1. Not be employed in the public service for an indeterminate period at the time the request is made;
2. Qualify 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
3. Make a request within 5 years after the day on which they qualify for compensation.

10.5 Additional period to make a request

A spouse or common-law partner is deemed to satisfy PSER paragraph 8.1(2)(c) if they:

1. qualified for the compensation referred to in paragraph (2)(b) no earlier than April 1, 2020 and no later than March 31, 2023;
2. did not make a request within the time referred to in paragraph (2)(c), as it read on March 31, 2025; and
3. make a request no later than April 1, 2028

Persons who meet the above criteria and who have not already been advised about the additional period to make a request by their home organization should directly contact their home organization human resources or their organizational Priority Program Liaison.

10.6 Duration of the entitlement

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

1. the second anniversary of the day on which the request is made;
2. the day on which the spouse or common-law partner is appointed to a position in the public service for an indeterminate period;
3. the day on which the spouse or common-law partner declines an appointment for an indeterminate period without good and sufficient reason; and
4. if the spouse or common-law partner is employed in the public service for a specified term,
   1. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the PSEA, or
   2. 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 PSEA.

Note:

The start dates and durations of the various priority entitlements are set by the PSEA and/or PSER and cannot be altered. The Priority Information Management System (PIMS) will only begin notifying persons with a priority entitlement once the person’s registration is activated. Late registration and activation will reduce the period PIMS identifies positions and may result in lost positions for the person.

10.7 Classification (occupational group/level)

Persons with a surviving spouse or common-law partner priority entitlement are to be registered and activated in PIMS using code SS 00 to represent their occupational group/level. This code indicates that the person is not an employee in the public service.

In the event that the person with a priority entitlement is employed for a specified period or has previously occupied a position in the public service on a specified period or casual basis, the group and level may serve as an indication for recommended groups and levels.

10.8 Appointment to a lower-level position

The concept of lower-level (or higher-level) appointments does not apply to this priority entitlement.

Appointments of these persons with this type of priority entitlement cannot result in eligibility for the reinstatement priority entitlement.

10.9 Documents required by the Public Service Commission to support registration and activation

Respective organizations must register and activate the surviving spouses or common-law partners of these persons and provide the Public Service Commission with:

1. The Priority Information Management System (PIMS) electronic online Registration Form.
2. Signed copy of the Privacy Consent Form for Persons with a Priority Entitlement if the organization has completed a full new registration and activation.
3. A copy of the letter from the appropriate federally or provincially legislated plan certifying that the surviving spouse or common-law partner has qualified for compensation as a result of the death of the person that is attributable to the performance of duties, including the date of the death. For cases involving the death of a Canadian Armed Forces member, provide a copy of the letter from the Directorate of Casualty Support Management ^{Footnote 1}, specifying the date of death of the Canadian Armed Forces member and the spouse or common-law partner's entitlement to compensation under the Canadian Forces Superannuation Act.

Note:

All supporting documents must be provided to the PSC Priority Entitlements Consultant no later than 10 working days following activation of the registration in PIMS.

10.10 Supporting tools

The PSC has developed the following tools, which organizations may wish to adapt to their needs for the implementation of the priority entitlement, including the registration and activation of persons who may be interested in benefitting from it:

• Sample letter: Spouses or common-law partners of public servants, and members of the Canadian Armed Forces and the Royal Canadian Mounted Police
• Information to obtain to facilitate the registration of a surviving spouse or common-law partner priority entitlement

10.11 Considerations for effective administration

Organizations should exercise due consideration of the circumstances of these persons and ensure appropriate sensitivity on the part of hiring managers and human resources (HR) staff.

These persons with a priority entitlement may not be familiar with the staffing processes, procedures, assessment methods and terminology used by organizations subject to the PSEA. The PSC expects organizations will take the time to ensure that the person with a priority entitlement understands all aspects of appointment processes in the public service, answer any questions they may have about the position and explain how their assessment will be conducted.

10.12 Travel and relocation costs

Footnotes

Travel and relocation costs are the responsibility of the Employer. All questions concerning travel and relocation should be directed to the Treasury Board Secretariat (TBS).

The responsibility for travel and relocation costs incurred while considering or appointing persons with a priority entitlement varies according to the situation. Typically, the responsibility for payment and the amounts payable are negotiated between the hiring organization and the person with a surviving spouse or common-law partner priority entitlement.

Persons with this priority entitlement are encouraged to speak to their deceased spouse’s organization's Human Resources staff for advice on eligibility for travel or relocation expenses.

For further information, consult the National Joint Council (NJC) Travel Directive and Relocation Directive.

These Directives are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to TBS.