Part II, chapter 6: Canadian Armed Forces members released for medical reason not attributed to service

6.1 Legal basis

Public Service Employment Regulations (PSER), paragraph 4.1(1) and section 8

6.2 The entitlement

Persons meeting the conditions specified in the PSER, section 8, are entitled to be appointed to any position for which they meet the essential qualifications, referred to in PSEA, paragraph 30(2)(a), 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, as long as the person with a priority entitlement meets the essential qualifications.

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

6.3 Transitional provision

The Transitional Provision provides that medically released members of the Canadian Armed Forces^{Footnote 1} (CAF) who held an active CAF medically released priority entitlement upon coming into force (CIF) of the Veterans Hiring Act (VHA) or whose medically released priority entitlement expired between April 1, 2012 and CIF of the VHA, and who have not been indeterminately appointed to the public service nor refused such an appointment without good and sufficient reason, have a new five-year priority entitlement period. Medically released CAF members who meet the above criteria and who have not already been contacted by the PSC regarding this Transitional Provision should contact the PSC at the following e-mail address: cfp.ap-demandes-pa-inquiries.psc@canada.ca.

Persons with an active CAF medically released priority entitlement

Medically released CAF members whose priority entitlement was active upon CIF of the VHA will have a new five-year regulatory priority entitlement period, beginning at CIF of the VHA and until such time as VAC determines that their medical release was attributable to service. If VAC determines that the member’s medical release was attributable to service, they will receive a new five-year statutory priority entitlement, beginning on the date of the VAC determination.

Persons who had a CAF medically released priority entitlement that expired between April 1, 2012 and CIF of the VHA

Medically released CAF members whose priority entitlement expired between April 1, 2012 and CIF of the VHA, who have not been indeterminately appointed to the public service nor refused such an appointment without good and sufficient reason, will have a new five-year regulatory priority entitlement period, beginning at CIF of the VHA and until such time as VAC determines that their medical release was attributable to service. If VAC determines that the member’s medical release was attributable to service, they will receive a new five-year statutory priority entitlement, beginning on the date of the VAC determination.

Persons with an active or expired CAF medically released priority entitlement resulting from Class A or Class B service

Medically released members of the Primary Reserve of the CAF on Class A or Class B Reserve Service of 180 days or less, whose priority entitlement is either active upon CIF of the VHA or expired between April 1, 2012 and CIF of the VHA and who have not been indeterminately appointed to the public service nor refused such an appointment without good and sufficient reason, will have a new five-year statutory priority entitlement period, beginning at CIF of the VHA, since the determination that their medical release was attributable to service was previously established for their existing or expired priority entitlement.

6.4 Released for medical reasons

“Released for medical reasons” means that the former member was released from the CAF, pursuant to the provisions of Order 15-2 of the Canadian Forces Administrative Orders.

CAF members who are released for medical reasons that are not attributable to service or who are awaiting a VAC determination on whether their medical release was attributable to service, are eligible for the regulatory CAF medically released priority entitlement.

Medically released CAF members who receive a determination from VAC that their medical release was for reasons that are attributable to service, have a statutory priority entitlement, in accordance with subsection 39.1(1) of the PSEA. Information on this statutory priority entitlement is provided in Part II, Chapter 1 of this Guide.

CAF members seeking information or assistance with obtaining a VAC determination on whether their medical release was attributable to service should contact the Directorate of Casualty Support ManagementFootnote 2 (DCSM) at National Defence (DND). Additional contact information for DCSM is provided in the footnote to section 6.10 of this chapter.

6.5 The five-year qualifying period

In order to qualify for the priority entitlement, members of the CAF who are released for medical reasons have five years within which they must be certified by a competent authority as being ready to return to work. In accordance with PSER, section 8, once certified, they must request that their priority entitlement be activated.

6.6 Competent authority

Pursuant to PSER, paragraph 8.1(1)(a), the competent authority who must certify that the former member is ready to work 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 fitness to return to work must be provided by a person who has examined or treated the former member and can provide a diagnosis of their readiness to return to work and of any employment limitations or accommodation requirements. A clear description of any employment limitations will aid in identifying appropriate employment opportunities and ensure employer awareness of any required accommodation.

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.

In instances where the competent authority certifies the former member as fit to return to work prior to the date of release, the effective start date of the regulatory priority entitlement is the date of release.

In situations where it is unclear whether the person certifying can be considered a competent authority, questions should be directed to the PSC Priority Entitlements Division.

6.7 Duration of entitlement

The regulatory priority entitlement period begins on the day on which the competent authority certifies that the former member 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 five years after the day on which the priority entitlement period begins;
2. the date of the VAC determination that the medical release was attributable to service, which is the start date for the statutory^{Footnote 3}  priority entitlement period;
3. the day on which the person with a priority entitlement is appointed to a position in the public service for an indeterminate period; or
4. 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.

6.8 Classification on registration (occupational group/level)

The person with a priority entitlement is to be registered using code F2 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.

6.9 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 or discharge cannot be compared to occupational groups and levels. Appointments of this priority type cannot result in eligibility for the reinstatement priority entitlement.

6.10 Documents required by Public Service Commission to support registration

Only authorized DND staff may submit registrations to the PSC. 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^{Footnote 2}.

• The Priority Information Management System on-line Registration Form
• Signed copy of the Privacy Consent Form for Persons with a Priority Entitlement if the organization has completed a full registration
• A letter from Directorate of Casualty Support Management concerning the person's release
• 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 identifying job opportunities

6.11 Considerations for effective administration

Organizations should exercise due consideration of the circumstances of these persons and ensure appropriate sensitivity on the part of hiring managers and HR 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 the person with a priority entitlement 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.

6.12 Travel and relocation costs

Travel and relocation costs are the responsibility of the Employer. All questions concerning travel and relocation should be directed to 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 medically released person with a 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 Relocation Directive.

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

Footnotes