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Part II, chapter 1: Canadian Armed Forces members medically released for reasons attributable to service

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1.1 Legal basis

PSEA, section 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.

(2) A person referred to in subsection (1) has a priority for appointment with respect to any position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a).

PSER, section 4.1

(1) The following persons who are released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service are entitled to the priority for appointment provided under section 39.1 of the Act:

  1. a member of the regular force;
  2. a member of the reserve force; and
  3. a member of the special force.

(2) Subject to subsection (3), the priority applies if

  1. the person requests the priority within five years after the day on which the person is released, regardless of whether the determination referred to in subsection (1) is still pending on the day on which the request is made;
  2. the person is not employed in the public service for an indeterminate period at the time the request is made;
  3. within five years after the day on which the person is released, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; and
  4. the day specified is within five years after the day on which the person is released.

(3) The priority applies if, on the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service, the person had an entitlement to a priority for appointment under section 8.

(4) The entitlement period begins on

  1. if the priority is applicable under subsection (2), the later of the day on which the person is ready to return to work, as certified by a competent authority, and the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service; or
  2. if the priority is applicable under subsection (3), the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service.

(5) The entitlement period ends on the earliest of

  1. the fifth anniversary of the day on which the entitlement period begins under subsection (4);
  2. the day on which the person is appointed to a position in the public service for an indeterminate period;
  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; and
  4. if the person is employed in the public service for a specified term,
    1. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or
    2. the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act.

1.2 The entitlement

Persons holding this priority entitlement are entitled to be appointed to any position for which they meet the essential qualifications referred to in Public Service Employment Act (PSEA), paragraph 30(2)(a), as well as the conditions of employment, in priority to all other persons except those with a statutory priority entitlement. There are no restrictions with respect to the occupational group, level or location of the position to which an appointment may be made pursuant to this entitlement.

1.3 Released for medical reasons attributable to service

To be released for medical reasons attributable to service means that the former member was medically released from the Canadian Armed Forces (CAF) and that Veterans Affairs Canada (VAC) has determined that the medical release was for reasons that are attributable to service. CAF members should contact the Directorate of Casualty Support Management (DCSM) at the Department of National Defence (DND) for information and assistance regarding the VAC determination. Contact information for DCSM is provided in footnote 1.

CAF members who are released for medical reasons not attributable to service are eligible for a regulatory priority entitlement, in accordance with subsection 8(1) of the Public Service Employment Regulations (PSER). Information on this regulatory priority entitlement is provided in Part II, Chapter 6 of this Guide.

1.4 The five-year qualifying period

In order to qualify for the priority entitlement, members of the CAF who are released for medical reasons attributable to service have five years within which they must be certified by a competent authority as being ready to return to work. In accordance with PSER, paragraph 4.1(2)(a), once certified, they must request that their priority entitlement be activated.

1.5 Competent authority

The competent authority is a health care provider, normally the treating physician. Depending on the situation, the competent authority could also be an ergonomic specialist, a psychologist, physiotherapist or any other specialist who, for the case at hand, could reasonably be considered to be a “competent authority”.

The certification of readiness to return to work must be provided by a person who has examined or treated the former CAF member and can provide a diagnosis of their readiness to return to work.

For the purpose of the requirements in the PSER, the date of a letter from a competent authority certifying the former member as ready to return to work is the date on which they are “certified”, unless the letter specifically states a different date. This means that the body of the letter could specify a date earlier or later than the date on which the letter is written, in which case the date specified in the body of the letter would be the day on which they are “certified” as ready to return to work and therefore day on which the regulatory priority entitlement period begins.

Questions about what would constitute a competent authority should be directed to the Public Service Commission’s (PSC) Priority Entitlements Consultants.

1.6 Duration of entitlement

A priority entitlement for medically released CAF members differs based on if the medical release is for reasons attributable to service (statutory) or reasons not attributable to service (regulatory – see chapter 6 of this Guide).

The statutory priority entitlement for medically released CAF members begins:

  1. If a person does not have a regulatory entitlement under PSER subsection 8(1), the statutory entitlement begins on the later of the day on which the person is ready to return to work, as certified by a competent authority, or the date of the positive Attributable to Service determination from VAC, if that day is within five years after the day on which they were medically released.
  2. If a person has a regulatory entitlement under PSER subsection 8(1), the statutory entitlement begins the date of the positive Attributable to Service determination from VAC if that day is within the five year regulatory priority entitlement period.

The statutory entitlement for CAF members medically released for reasons attributable to service ends on the earliest of:

  1. the fifth anniversary of the day on which the priority entitlement period begins;
  2. the day on which the person with a priority entitlement is appointed to a position in the public service for an indeterminate period;
  3. the day on which the person with a priority entitlement declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason; or
  4. if the person is employed in the public service for a specified term,
    1. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act, or
    2. the day on which they request of the deputy head, without good and sufficient reason, that their period of employment continue to be for a specified term despite subsection 59(1) of the Act.

Note

The start dates and durations of the various priority entitlements are set by the PSEA or PSER and cannot be altered. The Priority Information Management System (PIMS) will only begin notifying persons with a priority entitlement of positions once the person’s registration has been activated. Late registration and activation will reduce the period PIMS identifies positions and may result in lost positions for the person with a priority entitlement.

1.7 Classification (occupational group/level)

Persons with a CAF medically released for reasons attributable to service priority entitlement are to be registered and activated in PIMS using code F1 00 to represent their occupational group/level. This code is used because the rank of a CAF member does not equate to the occupational groups and classification structure of the rest of the public service.

1.8 Lower-level appointments

The concept of lower-level (or higher-level) appointments does not apply to CAF medically released persons with a priority entitlement. Since these persons' positions or ranks within the CAF do not equate to the classification structure of the rest of the public service, their rank upon release cannot be compared to occupational groups and levels.  Appointments of this priority entitlement type cannot result in eligibility for the reinstatement priority entitlement.

1.9 Documents required by the Public Service Commission to support registration and activation

Only authorized Department of National Defence (DND) staff may register and activate CAF medically released persons with a priority entitlement in PIMS.  Members of the CAF who have been released for medical reasons who wish to activate their priority entitlement must do so through DND's Directorate of Casualty Support Management (DCMS) Footnote 1.

Note 1:

All supporting documents must be provided to the PSC Veterans Advisor no later than 10 working days following the activation of the registration in PIMS.

Note 2:

The Director Casualty Support Management (DCSM) Footnote 1 will provide to the CAF member a letter stating that the member was released on a given effective date and that the release was for medical reasons. In signing this letter, DCSM is confirming that they have reviewed the relevant document(s) from VAC and the release document provided by the Director of Military Careers Administration, as well as other career-oriented information within the CAF. The medically released CAF member is responsible for providing the local DND Civilian Human Resources Service Centre with the DCSM letter, the VAC determination letter confirming that the medical release was for reasons attributable to service and the letter from the competent authority.

Note 3:

CAF members who have an active regulatory priority entitlement registered and activated in PIMS and subsequently receive a VAC determination that their medical release was attributable to service within their entitlement period, must provide a copy of the VAC determination letter to DCSM who will advise the member on the next steps in the process to have their priority entitlement type updated to the statutory priority entitlement for CAF members whose medical release is attributable to service.

1.10 Considerations for effective administration

Organizations should exercise due consideration of the circumstances of persons with a medically released priority entitlement and ensure appropriate sensitivity on the part of hiring managers and human resources staff.

Medically released persons with a priority entitlement may not be familiar with the staffing processes, procedures, assessment methods and terminology used by organizations subject to the PSEA. The PSC expects that hiring organizations will take the time to ensure that these persons understand all aspects of appointment processes in the public service, answer any questions they may have about the position and explain how their assessment will be conducted.

1.11 Travel and relocation costs

Travel and relocation costs are the responsibility of the Employer. All questions concerning travel and relocation should be directed to the Treasury Board Secretariat (TBS).

The responsibility for travel and relocation costs incurred while considering or appointing persons with a priority entitlement varies according to the situation. Typically, responsibility for payment and the amounts payable are negotiated between the hiring organization and the person with a medically released priority entitlement.

All persons with a priority entitlement are encouraged to speak to their organization's HR staff for advice on eligibility for travel or relocation expenses.

For further information, consult the National Joint Council (NJC) Travel Directive and the NJC Relocation Directive.

These Directives are the responsibility of the Employer and all questions concerning their application and interpretation should be directed to TBS.

Footnotes

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