F-3.1.1 - Public Service Act

Full text
53.0.1. Within the same invitation for applications, a public servant may be appointed before the expiry of the time for appeal provided in section 35 and even if an appeal brought under that section is pending before the Commission de la fonction publique.
However, the appointment is conditional for as long as the last time for appeal that applies to candidates within the same invitation for applications has not expired and, as the case may be, for as long as any appeal brought by one of the candidates has not been settled. If warranted, the appointment must be re-evaluated by the deputy minister or the chief executive officer on the basis of the decision made by the Commission; where applicable, the appointment shall cease to have effect and the public servant shall be reinstated in the position held before the appointment.
The position held by the public servant before the conditional appointment may not be filled on a permanent basis by the deputy minister or chief executive officer concerned until the conditional appointment of the public servant becomes definitive.
2000, c. 8, s. 136; 2013, c. 25, s. 16.
53.0.1. Following a competition for promotion, a public servant may be appointed even if an appeal brought under section 35 is pending before the Commission de la fonction publique.
The appointment is conditional, and must be re-evaluated by the deputy minister or chief executive officer on the basis of the decision rendered by the Commission. Where applicable, the appointment shall cease to have effect and the public servant shall be reinstated in the position held before the conditional appointment.
The position held by the public servant before the conditional appointment may not be filled on a permanent basis by the deputy minister or chief executive officer concerned until the conditional appointment of the public servant becomes definitive.
2000, c. 8, s. 136.