Frequently Asked Questions: Guide on Priority Administration

Note to readers

These pages are currently under review as per the changes identified in Letter to Heads of Human Resources 16-05.

Table of Contents

General

1. What is the role of the Public Service Commission (PSC) in Work Force Adjustment (WFA) situations?

The PSC ensures that:

  • Surplus employees and laid-off persons understand their priority entitlements and are referred to positions for which they are potentially qualified;
  • persons with a priority entitlement are fairly assessed and appointed if qualified;
  • A reinstatement priority is given to all employees who are appointed to a position at a lower level.

The PSC will also, upon request, and in accordance with the Privacy Act, provide:

  • The Treasury Board of Canada Secretariat (TBS) with information related to the administration of priority entitlements which may reflect an organization's level of compliance with the WFAD and the WFA Appendices to the collective agreements;
  • Information to bargaining agents on the numbers and status of their members who are registered in the Priority Information Management System (PIMS);
  • Information to the Employer, organizations and/or bargaining agents on referrals of surplus employees and laid-off persons in order to ensure that the priority entitlements are respected.

NOTE: The WFADs and the WFA Appendices to the collective agreements are the responsibility of TBS. For details and up-to-date text and interpretations, please consult the current WFAD and the WFA Appendices to the collective agreements. These agreements are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to TBS.

2. What are surplus and lay-off priorities and how are they administered?

Surplus: Surplus employees are indeterminate employees who have been informed by their deputy head that their services are no longer required, but who have not yet been laid off (Public Service Employment Act (PSEA 40) and Public Service Employment Regulations (PSER 5(1)).

Persons with such an entitlement are eligible to be appointed ahead of all others (with certain restrictions) to any position in the public service for which they meet the essential qualifications.

Lay-off: Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside of the public service, the deputy head may, in accordance with (PSEA 64(1)), lay off the employee.

Persons laid off from their positions are eligible for a lay-off priority (PSEA 41(4)) and are entitled to be appointed ahead of all others (with certain restrictions) to another position in the public service for which they meet the essential qualifications.

3. How do priority entitlements apply to persons affected by Alternative Delivery Initiatives (ADI), pursuant to the Work Force Adjustment Directive (WFAD)?

Part 7 of the Work Force Adjustment Directive (WFAD) contains special provisions regarding Alternative Delivery Initiatives (ADI) and provides that three types of transitional employment arrangements can result from an ADI. The WFAD also indicates whether job offers received through the various transitional employment arrangements are considered to be reasonable job offers or not.

Pursuant to section 46 of the PSEA, a person affected by an ADI who does not accept an offer of employment that is a reasonable job or who accepts an offer of employment, made in such circumstances, that is not a reasonable job offer, is deemed to be laid off. Therefore, by being deemed laid off, this person is entitled to a layoff priority.

Below is a summary of how the priority entitlements apply in the context of the various transitional employment arrangements resulting from an ADI.

Type I and Type 2

  • A job offer received from a new employer in the case of a Type 1 or Type 2 transitional employment arrangement is considered a reasonable job offer;
  • A person who refuses the job offer is deemed laid off and entitled to the layoff priority. Their employment would be terminated;
  • A person who accepts the job offer is not considered laid-off and is not entitled to a layoff priority.

Type 3

  • A job offer received from a new employer in the case of a Type 3 transitional employment arrangement is not considered a reasonable job offer;
  • A person who refuses the job offer may be declared opting or surplus by the deputy head in accordance with the WFAD.
  • A person affected by an ADI who accepts the job offer is deemed laid off and entitled to the layoff priority.
Application of Priority entitlement to persons affected by Alternative Delivery Initiatives (ADI)
  Transitional Employment Arrangements Types
Type 1 Type 2 Type 3
When the job offer is: Accepted Refused Accepted Refused Accepted Refused
Layoff priority entitlement? N Y N Y Y May be declared opting or surplus by the Deputy Head.

4. How does the PSC ensure that persons with a priority entitlement are considered by hiring organizations?

As part of the Priority Appointment Policy, the PSC implemented the Priority Administration Directive. The Directive specifies the roles and responsibilities of the PSC, organizations and persons with a priority entitlement in the administration of priority entitlements; the measures organizations must take in order to ensure priority entitlements are respected; PSC oversight activities; and measures that may be taken by the PSC as a result of non-compliance with this Directive.

The PSC has a monitoring and accountability framework through which it tracks organizational staffing practices and applies corrective actions, as appropriate. The PSC Priority Administration Unit uses an automated system (PIMS) to register, refer, track and monitor all persons with a priority entitlement. The PSC also monitors the results of organizations' assessment of persons with a priority entitlement and adherence to the requirements of the Policy, Directive and guidance materials related to priority entitlements.

5. Who can assist persons with a priority entitlement who feel that they are not being supported by the organization?

Depending on the situation, persons with a priority entitlement may contact their organizations' human resource officers, the PSC Priority Administration Unit or their bargaining agent.

6. Should anorganization appoint or deploy a person with a priority entitlement?

It is the PSC's preference that persons with a priority entitlement be appointed, rather than deployed, since priority appointments require clearance. In this manner, PIMS is informed of the proposed appointment of the person with a priority entitlement. This ensures accurate data is captured in PIMS, resulting in effective management of the person with a priority entitlement's file and accurate statistical data on Priority Administration. As an independent agency reporting to Parliament, the PSC is responsible for providing Parliamentarians and Canadians with accurate and timely information on matters related to the PSEA. PIMS is the system of record for the administration of persons with a priority entitlement and is the source of statistical data for organizations and the PSC. Accurate and timely input to PIMS is crucial in order for the PSC to fulfill its obligations to Parliamentarians and Canadians.

7. Can a person with a priority entitlement also ask to be considered as a candidate in an appointment process when they know that their entitlement will end before the hiring organization can establish an appointment date? Can a person be appointed after the entitlement period ends?

Because a person with a priority entitlement cannot be appointed after their entitlement period ends, persons with a priority entitlement are encouraged to apply to appointment processes and identify themselves as having a priority entitlement. In this way, the organization would proceed with the assessment of the person with a priority entitlement. If the person with a priority entitlement is found qualified, and meets the conditions of employment, the organization must proceed with a request for priority clearance through PIMS for the appointment. In cases where the organization cannot make the appointment now, or provide a letter of offer specifying a future appointment before the end of the person with a priority entitlement's entitlement, the person with a priority entitlement who has applied as a candidate to the appointment process would then be treated as any other candidate.

8. What happens if a person with a priority entitlement accepts a term position?

A person with a priority entitlement who accepts a term position will continue to be referred to positions for which they may be qualified until the end of the entitlement period or the time the person with a priority entitlement accepts an indeterminate position.

9. Does an employee receive remuneration when his position has been backfilled indeterminately while on an approved leave without pay?

When employees are on approved leave without pay and their position has been backfilled indeterminately, they benefit from a return from leave of absence priority entitlement. The entitlement starts on the date the position is backfilled and last for the remaining of the leave, plus one year thereafter. During that one year thereafter the employee remains on leave without pay. If the person is not appointed during the entitlement period, he or she ceases to be employed at the end of the priority period (Note: leave is the responsibility of the employer, please consult the TBS policy on Terms and conditions of employment for more details).

Self-referral of persons with a priority entitlement

10. What does it mean when a person with a priority entitlement self-refers?

Self-referral is when persons with a priority entitlement identify themselves to an organization as being entitled to priority consideration for a position to which the PSC has not referred them. Once persons with a priority entitlement identify themselves as requesting priority consideration for a position, they are entitled to the same priority rights as if they had been referred by the PSC.

Note: Hiring organizations are required to verify the entitlement with the PSC and to report a priority appointment to the PSC.

11. Is the hiring organization required to assess persons with a priority entitlement who self-refer to an anticipatory process, and when?

Yes, the organization must consider persons with a priority entitlement who self-refer to an anticipatory appointment process. Persons with a priority entitlement must be assessed before others, except in the case of self-referral to higher level positions, in which case the organization may assess the person with a priority entitlement at the same time as other persons. All assessments of persons with a priority entitlement must be conducted in a timely manner to ensure a person with a priority entitlement's entitlements are not jeopardized.

If the person with a priority entitlement who self-referred meets the essential qualifications and conditions of employment, the organization must request priority clearance through PIMS for their appointment.

12. What does the organization do if the person with a priority entitlement self-refers on an anticipatory process and is qualified but the organization cannot immediately appoint them?

In the case of anticipatory processes where the organization cannot make an immediate appointment of a qualified person with a priority entitlement, it is important to determine when those appointments will be made and whether this will be prior to the expiration of the priority entitlement. If the person with a priority entitlement's entitlement will expire before the appointment date, a current-dated letter of offer can be provided, indicating the future date of appointment, while the person with a priority entitlement's entitlement is still effective. Because the offer of appointment was made and accepted during the priority entitlement period, the PSC accepts such arrangements. The PSC Priority Administration Advisor should be consulted on such cases and be provided with a copy of the letter of offer.

Referrals to lower level positions

13. Can persons with a priority entitlement be referred to positions at a lower level than the level of their substantive position? And what happens if a person with a priority entitlement accepts such a position?

Generally, the PSC refers persons with a priority entitlement for positions that are equivalent to the level of their substantive position. However, if persons with a priority entitlement request that they be referred to lower level positions in the interest of improving their chances of finding a position, and with the approval of their home organization, the PSC will refer persons with a priority entitlement to positions one level lower than the level of their substantive position. If they accept a position at a lower level, persons with a priority entitlement will benefit from a one year reinstatement priority to assist them in finding a position at the level of their former substantive position. Surplus and lay-off priorities appointed to a lower level position may benefit from salary protection in accordance with the Workforce Adjustment Directive (WFAD).

Priority entitlements and the anticipatory staffing process

14. Can a person with a priority entitlement self-refer to an anticipatory staffing process?

As persons with a priority entitlement are responsible for conducting independent job searches (Directive 8.3.2 and Guide, section 1.7), they may self-refer to an anticipatory or other staffing process.

persons with a priority entitlement who have self-referred must be treated by the hiring manager as if they had been referred by the Public Service Commission (PSC) (Directive 8.2.3 and 8.2.4, Guide, section 1.7). In the case of a self-referral to a higher-level position, the organization can assess persons with a priority entitlement at the same time as other candidates.

It should be noted that the areas of selection in an appointment process do not apply to persons with a priority entitlement.

15. When must organizations obtain a priority clearance in the context of an anticipatory staffing process?

The organization must obtain priority clearance before making an appointment. As the purpose of the anticipatory staffing process is to meet future needs in the organization, and there is typically no vacant position when the process is launched, the organization must obtain a priority clearance when it wishes to fill a vacant position using this process or its pool of qualified candidates (Guide, section 1.5.1).

16. An anticipatory staffing process is under way, and a person with a priority entitlement self-refers. As the hiring manager, must I consider the person with a priority entitlement immediately or later?

persons with a priority entitlement can self-refer for any vacant position for which they believe they are qualified. They can do so at any stage of the staffing process, even after a priority clearance is obtained and until the posting of the notice of appointment or proposal of appointment (Notification 2). Their priority entitlement must be respected.

persons with a priority entitlement who have self-referred must be treated by the hiring manager as if they had been referred by the Public Service Commission (PSC) (Directive 8.2.3 and 8.2.4, Guide, section 1.7). In the case of a self-referral to a higher-level position, the organization can assess persons with a priority entitlement at the same time as other candidates.

17. What happens if a person with a priority entitlement who has self-referred qualifies in the context of an anticipatory staffing process?

When a position is to be filled, a person with a priority entitlement who has qualified in an anticipatory staffing process should be priority appointed to the position for which they meet the essential qualifications. The "right fit" rule does not apply (section 40 of the Public Service Employment Act (PSEA)). This requirement stems from the guidelines on selection and appointment, which state that deputy heads must comply with the PSEA and the Public Service Employment Regulations (PSER). This legislation stipulates that a person with a priority entitlement who possesses all the essential qualifications of a position must be appointed in priority to all other persons.

In such a situation, the hiring manager must submit a request for priority clearance to the PSC via the Priority Information Management System (PIMS).

In order to respect priority entitlements under the PSEA and the PSER, as well as the order of priority appointments, PIMS will search for other persons with a priority entitlement, including the person proposed for the appointment. In other words, PIMS may identify other persons with a priority entitlement. (PSC Guide on Priority Administration, sections 1.5 and 1.9). If some of these persons with a priority entitlement have a higher priority level, the PSC may refer these persons with a priority entitlement to the organization for consideration.

18. Must we consider a person with a priority entitlement who has qualified to be in a pool as a result of an advertised (anticipatory) staffing process and whose employment relationship with the federal public service has ceased at the time of the appointment?

It depends on which type of priority the person with a priority entitlement had. Certain types of persons with a priority entitlement must be considered for appointment even if they have ceased to be employees.

Section 42 of the PSEA indicates that persons with a priority entitlement mentioned in subsection 41(1) (return from leave of absence), who are not appointed during their priority entitlement period, cease to be employees at the end of that period. The PSER states that certain types of persons with a priority entitlement maintain their priority entitlement even if they have ceased to be employees, notably employees who become disabled (PSER, subsection 7(3)) and surplus employees who have been laid off and who benefit from a lay-off priority entitlement. In these cases, we recommend that you contact your PSC Priority Administration Advisor for more details.

19. Can an employee whose priority entitlement recently expired, but who had previously self-referred to an anticipatory staffing process during their entitlement period, be appointed as a person with a priority entitlement?

No. Persons with a priority entitlement cannot be appointed in priority (i.e. ahead of other regular candidates) if their priority entitlement period has expired. Appointment of persons with a priority entitlement must be made prior to the expiration of their priority entitlement. Technically, they are no longer persons with a priority entitlement, as their priority status ended with the expiration of their priority entitlement. When the priority entitlement of a person expires, this person cannot be appointed as a person with a priority entitlement. If the priority entitlement of the person expires before an appointment is made, the possibility of appointing this person in priority also ends.

However, the person can still be considered for appointment like other qualified candidates if, when this person applied:

  • They were in the area of selection of the advertised staffing process;
  • They applied within the advertising period; and
  • After assessment, they meet the merit principle (i.e. the person meets the essential qualifications of the position and any asset qualifications, operational requirements or organizational needs that were used to make the appointment decision).

As the person with a priority entitlement is now considered a regular candidate, the assessment cut-off scores established by the hiring manager can be applied, and the “right fit” rule will apply. The asset qualifications can be considered in order to select the candidate to be proposed for appointment.

20. A person with a priority entitlement self-referred to an anticipatory staffing process. As a result of their assessment, they were deemed qualified, and their name was added to a pool of qualified candidates for future appointments. When the position is filled, their priority entitlement has expired. Must a person with a priority entitlement be considered if their priority entitlement has expired at the time of the appointment?

No. Technically, the application cannot be considered as that of a person with a priority entitlement; the person is no longer a priority, since their priority status ended with the expiration of their priority entitlement. When the priority entitlement of a person expires, this person cannot be priority appointed.

However, the PSC guidelines on selection and appointment stipulate that deputy heads must ensure that the persons appointed applied within the time frames set for the submission of applications, if such a period exists. If this person is located in the area of selection of the staffing process and applies within the posting period, they should be treated just like other regular qualified candidates, and the “right fit” rule will apply (section 30 of the PSEA). If the hiring manager decides to appoint this person, it will be as a regular candidate.

21. An anticipatory staffing process is under way in order to select employees for retention or lay-off purposes. A person with a priority entitlement self-refers. As the hiring manager, must I consider the person with the priority entitlement?

No. It is true that persons with a priority entitlement who have self-referred must be treated by the hiring manager as if they had been referred by the PSC (Directive 8.2.3 and 8.2.4 and Guide, section 1.7). However, in the context of Work Force Adjustment, the hiring organization must still obtain a priority clearance through PIMS. However, if the organization can demonstrate, to the PSC's satisfaction, that the appointment of a person who has a right to be appointed in priority will result in another person having a priority right, the organization can invoke section 43 of the PSEA. If the PSC is satisfied, it can decide not to apply the provisions governing priority entitlement. Therefore, the hiring manager would not be obligated to consider persons with a priority entitlement.

Footnote 13 of the Directive on Priority Administration explains that the consideration of persons with a priority entitlement does not preclude organizations from initiating appointment processes to fill vacancies that are anticipated to occur at some point in the future (e.g., where human resources planning reveals that under a given set of conditions, appointments of persons with a priority entitlement will not be sufficient to meet the needs of the organization). Where an organization anticipates that, under a given set of conditions, priority appointments will meet any future needs, there is no need to initiate other types of appointment processes.

22. An anticipatory staffing process is under way to fill a position that will become vacant in the next months. A person with a priority entitlement has self-referred, but their priority entitlement expires in a few weeks. Can we appoint this person with a priority entitlement who is qualified for the position?

Yes. Organizations must check the priority entitlement period in PIMS before making an offer of appointment to a person with a priority entitlement. The appointment of a person with a priority entitlement must be made before the end of that period. However, an official offer of appointment (in writing) with an effective future date of appointment can be made during the priority entitlement period. The letter of offer MUST BE signed and accepted before the expiration of the priority entitlement period, BUT it is possible for the appointment date (date of the start of employment) to be after the expiration of the priority entitlement.

Order of Precedence of Priority Entitlements

23. What is the priority entitlement order of precedence?

There are two categories of priority entitlements: Statutory and regulatory. Statutory priority entitlements are established by the Public Service Employment Act (PSEA) and take precedence over the regulatory priority entitlements established by the Public Service Employment Regulations (PSER).

Persons with a statutory priority entitlement are appointed ahead of all others, in the following order:

  • Canadian Armed Forces (CAF) members released for medical reasons attributable to service;
  • An organization's own surplus employees;
  • Employees returning from a leave of absence; and
  • Employees who have been laid off.

Persons with a regulatory priority entitlement are appointed after those with a statutory priority entitlement, but in no relative order. The regulatory priority entitlements are:

  • Surplus employees from other than the hiring organization;
  • Employees who become disabled;
  • RCMP members: Certain members discharged for medical reasons;
  • CAF members: Certain members released for medical reasons not attributable to service;
  • Employees on leave for the relocation of their spouse or common-law partner;
  • Reinstatement to a former level; and
  • Surviving spouse or common-law partner.

Further details on priority entitlement types can be found in the PSC's Guide on Priority Administration, Part I, Section 1.2.

24. How is the priority entitlement order of precedence applied when appointing priority persons?

The appointment of persons with a priority entitlement must respect the priority entitlements' order of precedence. The hiring organization can determine the assessment strategy for priority referrals as long as the approach is in compliance with the values and provisions of the PSEA, the PSER and the PSC Appointment Framework. Assessment results and the rationale for the appointment decisions must be clearly communicated to all persons with a priority entitlement referred by the PSC or who have self-referred, as required by section 8.2.5 of the Priority Administration Directive.

25. How can the PSC help me apply the priority entitlement order of precedence to efficiently manage priority referrals?

The PSC's Priority Information Management System (PIMS) provides a Priority Referrals Management Tool containing the names, contact information and referral results of all persons with a priority entitlement referred by the PSC. Housed within the Priority Referral Feedback Form in PIMS, the list in Excel is sorted alphabetically by name and by priority type/order of precedence, as established in the PSEA and the PSER.

PIMS users can also generate an updated list at any time to verify whether any changes to priority entitlement types/order of precedence have occurred since the referral list was sent to the organization, including a person's change in priority status (e.g., surplus to lay off), as this may have an impact on how entitlements are applied.

This tool facilitates the tracking of assessment results and respect for the order of precedence of entitlements. It does not replace the need to formally report the referral results via the Priority Referral Feedback Form in PIMS for all priority referrals.

26. If an organization develops an internal priority management system to consider its own priority population, can the organization make a priority appointment of its own employee without considering any other persons with a priority entitlement?

Although the Public Service Commission (PSC) strongly encourages organizations to manage their own priority population and to find placement opportunities for them within their home organization, the appointment of persons with a priority entitlement still needs to be conducted in a manner that respects the legislated order of precedence for priority entitlements. For example, if an organization wishes to appoint one of its own regulatory persons with a priority entitlement, there is still a requirement to consider any person with a priority entitlement identified by the PSC who has a statutory priority entitlement. Specifically, within the statutory priority entitlements, the following order of precedence must be respected prior to considering a regulatory person with a priority entitlement:

  1. Canadian Armed Forces (CAF) members released for medical reasons attributable to service
  2. Organizational Surplus
  3. Leave of Absence
  4. Lay-offs

When a hiring organization considers its own surplus persons with a priority entitlement, it does have the flexibility to determine whom will be priority appointed. In other words, the PSC encourages the organization to manage its own priority population and will support the priority appointment of any organizational surplus person with a priority entitlement.

27. Can an organization create an order of precedence for regulatory persons with a priority entitlement? For example, after considering persons with a statutory priority status in the order of precedence, can an organization consider persons with a priority entitlement from a specific regulatory priority type next?

Although statutory priority entitlements have an order of precedence, there is no similar order for regulatory priority entitlements. Pursuant to paragraph 22(2)(a) of the Public Service Employment Act, the PSC has sole authority to establish an order of precedence for regulatory priority entitlements and has chosen not to do so. As such, a hiring organization can not establish its own order of precedence when considering a regulatory person with a priority entitlement.

Reinstatement Priority Entitlement

28. Why was the reinstatement priority created?

While the goal of priority entitlements and the priority administration program is to appoint persons with a priority entitlement to positions at their own group and level or equivalent, this is not always possible. To secure continuity of employment, persons with a priority entitlement must sometimes accept positions that are at a lower level than their former position.

The purpose of the reinstatement priority entitlement is to provide employees who have accepted a lower level position as a result of an appointment or deployment from another priority type with the opportunity to be reinstated to the level of the position they formerly occupied.

29. Who is eligible for the reinstatement priority?

To be eligible for the reinstatement priority entitlement, an employee must first have been the recipient of another priority type, as a result of one of the following specific entitlements:

  • surplus employees who are provided with a guarantee of a reasonable job offer or surplus employees who have a time limited surplus period in which to secure employment;
  • employees who are on an extended period of leave without pay and no longer hold a position because they have been replaced indeterminately;
  • a person who has been laid-off;
  • employees who have become disabled and, while no longer able to perform the duties of their position, have been certified as being fit to return to work; and,
  • employees who are on leave without pay for the purpose of relocating with their spouse or common-law partner.

The person with a priority entitlement must also have been appointed to a position at a lower level. To ensure consistency in establishing what it means to be appointed to a lower level, the PSC has chosen to follow the same criteria set out in the Treasury Board Secretariat's Definition of Promotion Regulations. In those instances where the return to the former position would constitute a promotion, a reinstatement priority becomes the mechanism used to support these persons with a priority entitlement in their return to their original substantive level. The formula for determining whether or not a position is a promotion can be found in the Definition of Promotion Regulations.

30. Who is responsible for registering the reinstatement priority in PIMS?

The responsibility for registering the reinstatement priority entitlement in PIMS rests with the organization that appointed the person with a priority entitlement to the lower level position.

31. If an employee is receiving salary protection, does it mean he/she is entitled to a reinstatement priority entitlement?

A surplus or laid off person with a priority entitlement, who accepts a position for which the rate of pay is lower than that of their former position, may be entitled to salary protection. However, being in receipt of salary protection does not necessarily mean that the employee is eligible for a reinstatement priority entitlement. If the appointment is to a position that, in accordance with the Definition of Promotion Regulations, is considered to be equivalent to their former position, there is no eligibility for a reinstatement priority entitlement, even though the employee may be in receipt of salary protection.

32. How is eligibility for the reinstatement priority entitlement calculated?

Eligibility for the reinstatement priority entitlement is calculated based on the salaries in effect in the former and new positions on the date of the appointment or deployment to the new position.

33. If an employee is in receipt of salary protection, will he/she lose salary protection when the reinstatement priority entitlement ends?

Salary protection is independent of the reinstatement priority. It does not end if the priority entitlement expires without the employee being appointed to a position at their former group and level or equivalent.

Questions related to salary protection should be addressed by the organization's Human Resources contact.

34. What is an example of where a reinstatement priority entitlement would not apply?

An AS-01 surplus priority employee has been appointed to a CR-05 position. The maximum rate of pay of the former position (AS-01) is higher than the new position (CR-05).

To establish whether the new position is a lower level for the purpose of the reinstatement priority entitlement, one determines whether a reappointment back to the former level (AS-01) would constitute a higher level (promotion) or equivalent level (deployment) in accordance with the Definition of Promotion Regulations. If it constitutes a higher level, then an entitlement to the reinstatement priority exists. If it constitutes an equivalent level, then there is no reinstatement priority entitlement as the new level is deemed to be equivalent in level to the former position.

Maximum Rate of AS-01 = $53,506 – Max Rate of CR-05 $ 52,418 = (A) $1,088

Smallest increment of the AS-01 = (B) $1,820

Where (A) $1,088 is less than (B) $1,820 the positions are considered equivalent levels and there is no eligibility for a reinstatement priority entitlement.

If (A) were greater than or equal to (B), the appointment would be to a higher level position and there would be eligibility for a reinstatement priority entitlement.

NB: Rates of pay used in the above-noted example are those that were in effect when this document was developed and are subject to change.

35. What is an example of where a reinstatement priority entitlement would apply?

An EC-02 surplus priority employee has been appointed to a PM-02 position. The maximum rate of pay of the former position (EC-02) is higher than the new position (PM-02).

To establish whether the new position is a lower level for the purpose of a reinstatement priority entitlement, one determines whether a reappointment back to the former level (EC-02) would constitute a higher level (promotion) or equivalent level (deployment) in accordance with the Definition of Promotion Regulations. If it constitutes a higher level, there is eligibility for the reinstatement priority entitlement. If it constitutes an equivalent level, then there is no eligibility for the reinstatement priority entitlement as the new level is deemed to be at an equivalent level to the former position.

Maximum Rate of EC-02 = $58,782 – Max Rate of PM-02 $ 57,437 = (A) $1,345

Smallest increment of the EC-02 = (B) $1,276

Where (A) $1,345 is more than or equal to (B) $1,276 the movement from the PM-02 to the EC-02 is considered a promotion; therefore, there is eligibility for a reinstatement priority entitlement.

If (A) were smaller than (B), the EC-02 position would be considered an equivalent level and there would be no eligibility for a reinstatement priority entitlement.

NB: Rates of pay used in the above-noted example are those that were in effect when this document was developed and are subject to change.