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2. Guide on Priority Administration
3. > Part II, Chapter 5

Part II, Chapter 5: Canadian Forces / RCMP Members Released or Discharged for Medical Reasons

Table of Contents

• 5.1 Legal Basis
  
• 5.2 The entitlement
  
• 5.3 The Five-Year Qualifying Period
  
• 5.4 Duration of Entitlement
• 5.5 Classification on Registration (Occupational Group/Level)
  
• 5.6 Lower-Level Appointments
  
• 5.7 Documents Required by PSC to Support Registration

5.1 Legal Basis

PSER 8

• (1)The following persons who are released or discharged, as the case may be, for medical reasons have a right to appointment in priority to all persons, other than those referred to in section 40 and subsections 41(1)and (4) of the Act, to any position in the public service for which the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a) of the Act, if the person requests the priority within five years after being released or discharged:
  • (a) a member of the regular force of the Canadian Forces;
  • (b) a member of the Primary Reserve of the Canadian Forces on full-time Class B Reserve Service of more than 180 consecutive days;
  • (c) a member of the reserve force of the Canadian Forces on Class C Reserve Service;
  • (d) a member of the special force of the Canadian Forces;
  • (e) a member of the Primary Reserve of the Canadian Forces on Class A or Class B Reserve Service of 180 days or less, if the medical reasons are attributable to service;
  • (f) a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and
  • (g) member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service.
• (2) The entitlement period begins on the day on which a competent authority certifies that the person is ready to return to work, if that day is within five years after the day on which they were medically released or discharged, and ends on the earliest of
  • (a) the day that is two years after the day of certification,
  • (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.

(3) In subsection (1), "Primary Reserve" has the same meaning as in article 2.034 of the Queen's Regulations and Orders for the Canadian Forces and "Class A Reserve Service", "Class B Reserve Service" and "Class C Reserve Service" have the same meanings as in sections 9.06, 9.07 and 9.08 respectively of those Regulations and Orders.

5.2 The entitlement

Persons meeting the conditions specified in section 8 of the PSER, as outlined below, are entitled to be appointed to any position for which they meet the essential qualifications, referred to in PSEA 30(2)(a), in priority to all other persons, after statutory priorities. There are no restrictions with respect to the level or location of the position to which an appointment may be made pursuant to this entitlement, as long as the person meets the essential qualifications.

There is no specified order of appointment with respect to persons holding other regulatory priorities.

5.3 The Five-Year Qualifying Period

Members of the Canadian Forces (CF) and Royal Canadian Mounted Police (RCMP) who are released or discharged for medical reasons have five years within which they must be certified by a competent authority as being able to return to work in order to qualify for the priority.

5.4 Duration of Entitlement

The entitlement period begins on the day on which a competent authority certifies that the person is ready to return to work, if that day is within five years after the day on which they were medically released or discharged, and ends on the earliest of:

1. the day that is two years after the day of certification,
2. the day on which the person is appointed to a position in the public service for an indeterminate period, and
3. 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.

NOTE: The start dates and durations of the various entitlements are set by the PSEA and/or PSER and cannot be altered. The PSC will only begin marketing the priority person once he or she is registered in the PIMS. Late registration will reduce the effective period of entitlement and may result in lost opportunities for the priority person.

5.5 Classification on Registration (Occupational Group/Level)

The person is to be shown as AT 00 on the electronic Registration Form. This is done because these priority persons' positions within the CF or RCMP do not equate to the classification structure of the rest of the Public Service.

5.6 Lower-Level Appointments

The concept of lower-level (or higher-level) appointments DOES NOT apply to CF or RCMP priority persons. This is because these priority persons' positions within the CF or RCMP do not equate to the classification structure of the rest of the Public Service, so there is no group and level to compare to the position to which the priority person is being appointed. As a result, appointments under this priority type do not result in eligibility for the reinstatement priority entitlement.

5.7 Documents Required by PSC to Support Registration

NOTE: Only Department of National Defence (DND) and RCMP personnel may submit registrations to the PSC. Members of the CF or RCMP who had been released or discharged for medical reasons who wish to activate their priority must do so through their respective organizations.

DND

• The PIMS electronic on-line Registration Form;
• A letter from the Director, Casualty Support Administration (DCSA) concerning the person's release*; and
• A letter from a competent authority indicating the date on which the person can return to work, with a description of any accommodation that is required to assist with referral and appointment.

Notes: * The Director, Casualty Support Administration (DCSA) will provide to the local DND Service Centre, for each case, a single letter which will state that the person had been released on a given effective date and that the release was for medical reasons. The DCSA will provide that attestation in light of having reviewed the relevant pension document from Veterans Affairs Canada and the release document provided by the Director of Military Careers and Resource Management (DMCARM), as well as other career-oriented information within the CF.

RCMP

• The PIMS electronic on-line Registration Form;
• Letter of Discharge for Medical Reasons pursuant to section 32.1 of the RCMP Superannuation Act; and
• A letter or form from a competent authority indicating the date on which the person can return to work, with a description of any accommodation that is required to assist with referral and appointment.

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Date Modified:

2011-10-21