Part II, chapter 8: Relocation of spouse or common-law partner

8.1 Legal basis

PSER, section 9

(1) 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 subsection 41(1) of the Act is entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 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 employee meets the essential qualifications referred to in paragraph 30(2)(a) of the Act.

(2) The entitlement period begins on the day on which the period of the leave of absence begins and ends on the earliest of

1. the day on which the period of leave of absence ends,
2. the day on which the employee is appointed or deployed to a position in the public service for an indeterminate period,
3. 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
4. if the employee 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

8.2 The entitlement

Pursuant to the Public Service Employment Regulations (PSER), subsection 4(2), this priority entitlement applies to indeterminate employees who have been granted leave to relocate with their spouse or common-law partner.

Persons holding this priority entitlement are entitled to be appointed to any position for which they meet the essential qualifications referred to in the Public Service Employment Act (PSEA), paragraph 30(2)(a), as well as the conditions of employment, in priority to all other persons except those with a statutory priority entitlement. There are no restrictions with respect to the occupational group, level or location of the position to which an appointment may be made pursuant to this entitlement.

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

8.3 Spouse or common-law partner

For the purposes of this priority entitlement:

• A "spouse" is a person to whom the employee is married
• A "common-law partner" is a person who is cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year before the leave is granted

8.4 The leave provisions

To relocate, the employee is granted leave by their home organization pursuant to the provisions of collective agreements and Treasury Board (TBS) policy. Permanent relocation leave is granted for up to one year, while temporary relocation leave is granted for up to five years.

The spouse or common-law partner of the employee does not need to be an employee of the public service and the relocation of the spouse or common-law partner can be for any reason.

8.5 Duration of entitlement

1. the day the leave of absence ends
2. the day on which the employee is appointed or deployed for an indeterminate period to a position in the public service
3. the day the employee declines an appointment or deployment for an indeterminate period to a position in the public service without good and sufficient reason, and
4. if the employee 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.

Note 1:

If the relocation leave ends, the priority entitlement also ends. If, for example, the employee takes certain other types of leave, such as maternity leave, which would end the relocation leave, the priority entitlement would end. Any changes in leave types, or employment status, should be checked against employer policies to determine possible effects on leave status.

Note 2:

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

8.6 Specified term appointments

The priority entitlement continues if the employee is appointed to a specified term position while on leave.

8.7 Removal from the Priority Information Management System at end of the priority entitlement

Since the priority entitlement ends when the leave finishes, the PSC will remove the employee from PIMS at that time.

Note:

If the employee takes other types of leave during their relocation of spouse leave period, this will terminate the relocation of spouse priority entitlement.

8.8 Status if the priority entitlement expires

The expiry of the priority entitlement does not in itself constitute a mechanism for ending the employee's employment. The employee remains the responsibility of their home organization. Organizations should discuss this matter with their Labour Relations to determine options.

The organization should submit a request for the PSC to remove the person from PIMS when the priority entitlement period expires, unless the organization activates another priority entitlement type.

8.9 Status if the employee's position is back-filled indeterminately

The employee becomes entitled to a leave of absence priority entitlement effective on the date the position is backfilled indeterminately as the result of an appointment or deployment.

The organization must notify the PSC of the employee's new priority entitlement type using the  "Change  Priority Type" function in PIMS and sending the PSC a copy of the supporting documentation.

Note:

The circumstances under which a leave of absence may be granted, and in which the position of an employee on leave may be backfilled, are outlined in the TBS Directive on Leave and Special Working Arrangements. Organizations must contact TBS for interpretation or clarification of this directive.

8.10 Status if the employee's position is declared surplus

If the employee has not been appointed or deployed indeterminately to another position and the employee's position has not been backfilled indeterminately, then the employee on relocation of spouse leave remains the indeterminate incumbent of the position and could be declared surplus in accordance with the National Joint Council (NJC) Work Force Adjustment Directive (WFAD), Work Force Adjustment Agreements (WFAA) and related appendices to the Collective Agreements.

If the position was backfilled indeterminately, and the person on leave is provided with a leave of absence returnee entitlement, the new incumbent of the position (the leave replacement) is the incumbent of the position and would be subject to being declared surplus. The employee with the leave of absence returnee priority entitlement is not subject to the workforce adjustment exercise; they simply continue their priority entitlement.

If an employee on relocation of spouse leave is declared surplus, the organization must notify the PSC of the employee's new priority entitlement type using the "Change Priority Type" function in  PIMS and sending the PSC the supporting documentation.

8.11 Appointment to a lower-level position

A person with a relocation of spouse or common-law partner priority entitlement who is appointed or deployed indeterminately, or converted to indeterminate in their substantive position under subsection 59(1) of the PSEA, to a lower-level position during the priority period may be eligible for the  reinstatement priority entitlement (PSER, subsection 10(1)).

Note:

The hiring organization must inform the PSC of the lower-level appointment by submitting a PIMS Referral Feedback Form or a PIMS Request for Priority Clearance to Appoint a Person with a Priority Entitlement. Once the lower-level appointment is made, the hiring organization is responsible for updating the person’s priority entitlement type in PIMS if they  are eligible for the reinstatement priority entitlement.

8.12 Documents required by Public Service Commission to support registration and activation

• The Priority Information Management System (PIMS) electronic online Registration Form
• Signed copy of the Privacy Consent Form for Persons with a Priority Entitlement if the organization has completed a full new registration and activation
• Letter or approved leave form granting the leave and specifying the type and duration of the leave

Note 1:

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.

Note 2:

Persons with a priority entitlement who want to be identified for bilingual positions should have valid second language results at the time of activation in PIMS or should be scheduled for second language testing if they have never been tested or if their results have expired.

8.13 Travel and relocation costs

Travel and relocation costs are the responsibility of the Employer. All questions concerning travel and relocation should be directed to 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 hiring organization pays the costs for persons with a relocation of spouse or common-law partner priority entitlement.

All persons with a priority entitlement are encouraged to speak to their 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.