SUMMARY

This enactment amends the Public Service Employment Act to provide increased access to hiring opportunities in the public service for certain serving and former members of the Canadian Forces and to establish a right of appointment, in priority to all other persons, for certain members of the Canadian Forces who are released for medical reasons that the Minister of Veterans Affairs determines are attributable to service.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note: Short title

1. This Act may be cited as the Veterans Hiring Act .

2003, c. 22, ss. 12 and 13 PUBLIC SERVICE EMPLOYMENT ACT

Marginal note: 2006, c. 9, s. 100

2. Paragraph 22(2)(a) of the Public Service Employment Act is replaced by the following:

• (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in sections 39.1 and 40 and subsections 41(1) and (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a);

Marginal note: 2005, c. 21, s. 115

• 3. (1) The portion of subsection 35.1(1) of the Act before paragraph (b) is replaced by the following:

Marginal note: Mobility — member of Canadian Forces

• 35.1 (1) A member of the Canadian Forces who has accumulated at least three years of service and is not employed in the public service for an indeterminate period
  • (a) may participate in an advertised internal appointment process; and

  Marginal note: Exception

  4. The Act is amended by adding the following after section 35.1:

  Marginal note: Mobility — former member of Canadian Forces

  • 35.11 (1) A person who is not enrolled in the Canadian Forces, has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period
    • (a) may, during a period of five years after their date of release, participate in an advertised internal appointment process; and
    • (b) has the right to make a complaint under section 77.

    Marginal note: Deemed employment in public service

    Marginal note: Exception

    Marginal note: 2006, c. 9, s. 102

    5. Section 38 of the Act is replaced by the following:

    Marginal note: Exceptions to merit

    38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made under paragraph 22(2)(a).

    • 6. (1) The portion of subsection 39(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note: Preference to veterans and Canadian citizens

    • 39. (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 39.1, 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order:

    Marginal note: Limit of five years

    7. The Act is amended by adding the following after section 39:

    Marginal note: Priority — member of Canadian Forces

    39.1 (1) Despite sections 40 and 41, priority for appointment over all other persons is to be given, during the period determined by the Commission, to a person who was released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service, who belongs to a class determined by the Commission and who meets the requirements established by the Commission.

    Marginal note: Essential qualifications

    8. Section 43 of the Act is replaced by the following:

    Marginal note: Non-application of priority provisions

    43. Despite sections 39.1, 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case.

    Marginal note: 2006, c. 9. s. 104

    9. Subsection 53(2) of the Act is replaced by the following:

    Marginal note: Exceptions to priority rights

    Marginal note: 2006, c. 9, s. 105

    10. Section 87 of the Act is replaced by the following:

    Marginal note: No right to complain

    87. No complaint may be made under section 77 in respect of an appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 39.1 (priority — members of the Canadian Forces) or 40 (priorities — surplus employees), subsection 41(1) or (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order) or under any regulations made under paragraph 22(2)(a).

    11. The schedule to the Act is amended by replacing the reference after the heading “SCHEDULE” with the following:

    (Paragraphs 39(1)(a) and (b) and subsection 39(3))

    • 12. (1) The definition in section 1 of the schedule to the Act is replaced by the following:

    « survivant d’un ancien combattant » means the surviving spouse or surviving common-law partner of a person who, being a veteran referred to in any of paragraphs (a) to (e) of the definition , died from causes arising during the service by virtue of which the person became a veteran;

    • (f) has served at least three years in the Canadian Forces, has been honourably released within the meaning of regulations made under the National Defence Act and is not employed in the public service for an indeterminate period.

    TRANSITIONAL PROVISIONS

    Marginal note: Priority

    13. (1) Section 39.1 of the Public Service Employment Act applies to a person who is described in any of paragraphs 8(1)(a) to (e) of the Public Service Employment Regulations , who has had an entitlement to a priority under section 8 of those Regulations at any time during the period that begins on April 1, 2012 and ends on the day before the day on which this Act comes into force and who has been released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service, unless, during that period, the person has been appointed to a position in the public service for an indeterminate period or declined such an appointment without good and sufficient reason.

    Marginal note: Entitlement period

    • (a) the day that is five years after the day on which this Act comes into force,
    • (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.

    COORDINATING AMENDMENTS

    Marginal note: 2013, c. 40

    • 14. (1) In this section, means the Economic Action Plan 2013 Act, No. 2 .
    • (2) On the first day on which both section 351 of the other Act and section 4 of this Act are in force:
      • (a) paragraph 35.11(1)(b) of the Public Service Employment Act is replaced by the following:
      • (b) has the right to make a complaint under section 77 or 78.

      Marginal note: When no right to complain

      Marginal note: When no right to complain

      • (a) section 38;
      • (b) subsection 77(4);
      • (c) subsection 78(2); and
      • (d) section 87.

      COMING INTO FORCE

      Marginal note: Order in council

      15. This Act, other than section 14, comes into force on a day to be fixed by order of the Governor in Council.