# 2016-164 - Outdated Policy on Promotion for Medical Officers, Promotion

Case Summary

F&R Date: 2017–06–22

The grievor, a Medical Officer, experienced a delay in completing his residency. As a result, the provincial College of Physicians and Surgeons issued him a provisional license such that he required a level of supervision by another physician. Consequently, the grievor's promotion to Captain (Capt) was delayed by several months until he received his regular license after completing his licensing exams.

The grievor contested his date of promotion to Capt, arguing that according to Canadian Forces Administrative Order (CFAO) 11-6, he required only “a license” to practice medicine for promotion, which, he contended, included his provisional license. He further argued that the promotion should have been effective the date he successfully completed his supplemental exams.

The Initial Authority (IA), the Director General Military Careers, denied redress, finding that the Canadian Forces Manual of Military Employment Structure, Volume 2 Part 1, “Officer Job Based Specifications (JBS), requires an “unrestricted license” for promotion to Capt. The IA concluded that the grievor's provisional license was not “unrestricted” within the meaning of the JBS.

The Committee recognized that two Canadian Armed Forces (CAF) policies were in conflict regarding the type of license required for promotion to Capt and so consulted with the Surgeon General to determine which of the two conflicting policies correctly reflected the current CAF intent for promotion. It was explained to the Committee that the CFAO is outdated, and that the licensing process for Medical Officers had changed. Therefore, there is no longer a need to backdate promotions. It was also explained that a Medical Officer working under supervision due to a provisional license could not be fully employed as a Capt.

The Committee accepted the explanation provided by the Surgeon General, finding that there is a valid requirement for Medical Officers to have an “unrestricted license” before being promoted to Capt, and that the JBS is the policy now being applied by the CAF rather than the outdated CFAO 11-6.

The Committee recommended that the grievance be denied.

The Committee also issued a systemic recommendation regarding the need to clarify the applicable promotion policies for Medical Officers.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's findings and recommendation that the grievance be denied. The CDS agreed that there is still a discrepancy in the CAF promotion policy between CFAO 11-6, Annex B - Special Provisions - Specialist Officer Occupations, and the more recent policy contained in the Job Based Specifications for Medical Officer of the Canadian Forces Manual of Military Employment Structure. In response to the Committee's systemic recommendation, the CDS indicated that CFAO 11-6 was in the process of being replaced by a Defence Administrative Orders and Directives (DAOD).