Part II, chapter 7: Royal Canadian Mounted Police Members Discharged for Medical Reasons

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7.1 Legal basis

 PSER, section 7.1

(1) The following persons who are discharged from the Royal Canadian Mounted Police for medical reasons are entitled to appointment in priority to all persons, other than those referred to in sections 39.1 and 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:

  1. a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and
  2. a member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service.

(2) The priority applies if

  1. the person requests the priority within five years after the day on which the person is discharged;
  2. within five years after the day on which the person is discharged, the person is certified by a competent authority to be ready to return to work on the day specified by the authority; and
  3. the day specified is within five years after the day on which the person is discharged.

(3) The entitlement period begins on the day on which the person is ready to return to work, as certified by a competent authority, and ends on the earliest of

a) the fifth anniversary of the day on which the entitlement period begins;

b) the day on which the person is appointed to a position in the public service for an indeterminate period; 

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; and

d) if the person is employed in the public service for a specified term,

i. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act; or

ii. 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.

(4) A person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (3)(a), as that provision read on March 31, 2025, and who is not on April 1, 2025 already employed in the public service for an indeterminate period is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

a) April 1, 2028, and

b) the earliest day on which any of the events referred to in paragraphs (3)(b) to (d) occurs.

7.2 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 the 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.

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

Note 1:

Royal Canadian Mounted Police (RCMP) members who were medically discharged but who were appointed to the public service before being medically discharged, through means other than a priority entitlement, may still have a right to the priority entitlement. RCMP human resources staff must discuss such cases with the Public Service Commission (PSC) for decisions on a case-by-case basis. If, however, the member obtains indeterminate employment in the public service after their medical discharge, but not through a priority entitlement, then their priority entitlement would not be valid as, effectively, the requirements of the Public Service Employment Regulations (PSER) would already have been met.

Note 2:

The “other members” of the RCMP, also referred to as “civilian members”, are also eligible for this priority entitlement. This means that this priority entitlement is not restricted solely to uniformed officers of the RCMP. Public service employees of the RCMP appointed under the PSEA are not eligible for this priority entitlement.

7.3 Additional entitlement period

A person whose entitlement under subsection (1) ended within the period beginning on April 1, 2022 and ending on March 31, 2025 as a result of the operation of paragraph (3)(a), as that provision read on March 31, 2025, and who is not on April 1, 2025 already employed in the public service for an indeterminate period is entitled to an additional entitlement period that begins on April 1, 2025 and ends on the earliest of

a) April 1, 2028, and

b) the earliest day on which any of the events referred to in paragraphs (3)(b) to (d) occurs.

Persons who meet the above criteria and who have not already been contacted by the PSC regarding this additional entitlement period should contact the PSC at the following e-mail address: cfp.ap-demandes-pa-inquiries.psc@cfp-psc.gc.ca.

7.4 Discharged for medical reasons

“Discharged for medical reasons” means that the former RCMP member was discharged for medical reasons pursuant to subsection 32.1(1) of the Royal Canadian Mounted Police Superannuation Act.

7.5 The five-year qualifying period

Members of the RCMP who are discharged for medical reasons have five years within which they must be certified by a competent authority as being ready to return to work in order to qualify for the priority entitlement. In accordance with PSER, paragraph 7.1(2)(a), once certified, they must request that their priority entitlement be activated.

7.6 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 RCMP 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 the day on which the priority entitlement period begins.

In instances where the competent authority certifies the former member as ready to return to work prior to the date of discharge, the effective start date of the entitlement is the date of discharge.

Questions about what would constitute a competent authority should be directed to the Public Service Commission’s priority entitlements consultants.

7.7 Duration of entitlement

The 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 discharged, and ends on the earliest of:

a) the fifth anniversary of the day on which the priority entitlement period begins; 

b) the day on which the person with a priority entitlement is appointed to a position in the public service for an indeterminate period;

c) 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

d) if the person is employed in the public service for a specified term,

i. the day on which their period of employment is converted to indeterminate in their substantive position under subsection 59(1) of the Act; or

ii. 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.

7.8 Classification on registration (occupational group/level)

Persons with an RCMP medically discharged priority entitlement are to be registered and activated using code R3 00 to represent their occupational group/level. This code is used because the rank of a RCMP member does not equate to the occupational groups or classification structure of the rest of the public service.

7.9 Lower-level appointments

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

7.10 Documents required by Public Service Commission to support registration and activation

Only authorized RCMP staff may register and activate RCMP medically discharged persons with a priority entitlement in PIMS. Members of the RCMP who have been discharged for medical reasons and who wish to activate their priority must do so through their respective organizations.

Note:

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

7.11 Considerations for effective administration

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

Medically discharged 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.

7.12 Travel and relocation costs

Travel and relocation costs are the responsibility of the Employer. All questions concerning travel and relocation should be directed to 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 RCMP medically discharged person with a priority entitlement.

All persons with a priority entitlement are encouraged to speak to their organization's human resources 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.

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