14. (1) In this section, “release” means release from employment under subsection 22 (4) of the Act.  R.R.O. 1990, Reg. 977, s. 14 (1). (1.1) For the purposes of subsection 22 (4) of the Act and this section, a full-time civil servant is not released from employment until he or she is given the written notice required by this section.  O. Reg. 204/02, s. 3 (1). (2) If a full-time civil servant receives the written notice of release required by this section and if, in any ministry to which the civil servant applies, there is a vacant position, (a) for which he or she is qualified; (b) for which he or she is acceptable to the deputy minister of the ministry; and (c) in the same class as or in a class with a maximum salary not greater than that of the position occupied by the civil servant, the deputy minister of the ministry shall transfer the civil servant to the vacant position.  R.R.O. 1990, Reg. 977, s. 14 (2); O. Reg. 204/02, s. 3 (2). (3) The following rules apply if the civil servant accepts a transfer under subsection (2) on or after the date on which Ontario Regulation 39/99 comes into force to a position with a lower maximum salary: 1. During the six months after the civil servant receives the written notice of release required by this section, the civil servant is entitled to receive the salary payable to him or her in his or her permanent position on the day on which the notice is given. 2. Upon the expiry of that six-month period, the civil servant is entitled to receive the salary that is the lower of, i. the civil servant’s salary in the position to which he or she transferred, or ii. the maximum salary payable to a person in the position to which the civil servant transferred.  O. Reg. 39/99, s. 2; O. Reg. 204/02, s. 3 (3). (3.1) The following rules apply if the civil servant accepted a transfer under subsection (2) on or after April 17, 1996 and before the date on which Ontario Regulation 39/99 comes into force to a position with a lower maximum salary: 1. During the six months after Ontario Regulation 39/99 comes into force, the civil servant is entitled to receive the salary that would have been payable to him or her before that Regulation came into force. 2. Upon the expiry of that six-month period, the civil servant is entitled to receive the salary that is the lower of, i. the civil servant’s salary in the position to which he or she transferred, or ii. the maximum salary payable to a person in the position to which the civil servant transferred.  O. Reg. 39/99, s. 2. (3.2) A civil servant who accepted a transfer under subsection (2) before April 17, 1996 to a position with a lower maximum salary is entitled to salary progression based on merit to the maximum salary of the higher class including any revision of the maximum salary of the higher class that took effect during the salary cycle in which the transfer took place.  O. Reg. 39/99, s. 2. (4) Where a civil servant accepts a transfer under subsection (2) to a position with a lower maximum salary and in any ministry to which he or she thereafter applies there is a vacant position, (a) for which he or she is qualified; (b) for which he or she is acceptable to the deputy minister of the ministry; and (c) with a maximum salary, (i) greater than that of the position to which the civil servant accepted a transfer under subsection (2), and (ii) not greater than that to which he or she would have been entitled if it had not been proposed to release him or her and he or she had remained in the position from which he or she accepted a transfer under subsection (2), the deputy minister of the ministry shall transfer the civil servant to the vacant position.  R.R.O. 1990, Reg. 977, s. 14 (4). (5) A deputy minister who proposes to release a full-time civil servant, other than a term classified employee, shall give at least six months written notice of the release to the civil servant.  O. Reg. 40/02, s. 5 (1). (5.1) A deputy minister who proposes to release a full-time civil servant who is a term classified employee shall give at least 16 weeks written notice of the release to the employee.  O. Reg. 40/02, s. 5 (1). (6) A person who has been released from a full-time position in the civil service is eligible for inclusion in all competitions for employment in the civil service for a period of one year from the date of his or her release.  R.R.O. 1990, Reg. 977, s. 14 (6). (7) Where a person who has been released from a full-time position in the civil service applies within one year from the date of his or her release for appointment in a ministry to a vacant position, (a) for which he or she is qualified; (b) for which he or she is acceptable to the deputy minister of the ministry; and (c) with a maximum salary not greater than that to which he or she would have been entitled had he or she not been released, the deputy minister of the ministry shall nominate the person to fill the vacant position.  R.R.O. 1990, Reg. 977, s. 14 (7). (8) Where a person who has been released from the civil service is reappointed to the civil service, the period of absence shall not be included in computing the length of service as a civil servant but the service before and after the absence shall be deemed to be continuous.  R.R.O. 1990, Reg. 977, s. 14 (8). (9) This section does not apply to persons in the positions or classifications set out or described in Schedule 1 or to persons within a unit of employees established for collective bargaining under the Crown Employees Collective Bargaining Act, 1993.  O. Reg. 168/96, s. 3. (10) Subsections (2), (3), (4), (7) and (8) do not apply with respect to a term classified employee.  O. Reg. 40/02, s. 5 (2).