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

7.1 Legal basis

Public Service Employment Regulations, paragraph 7.1(1)

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

1. the day that is two years after the day on which the entitlement period begins;
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.

7.2 The entitlement

Persons meeting the conditions specified in the PSER paragraph 7.1(1), as outlined above, 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.

7.3 Discharged for medical reasons

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

7.4 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 able 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.

7.5 Competent authority

Pursuant to PSER, paragraph 7.1(2)(b), 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 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.

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.

7.6 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:

1. the day that is two years after the day on which the priority entitlement period begins; or
2. the day on which the person with a priority entitlement is appointed to a position in the public service for an indeterminate period; or
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.

7.7 Classification on registration (occupational group/level)

The person with a priority entitlement is to be registered 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.

7.8 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 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 type cannot result in eligibility for the reinstatement priority entitlement.

7.9 Documents required by Public Service Commission to support registration

Only authorized RCMP staff may submit registrations to the PSC. 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.

• The PIMS 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
• Letter of Discharge for Medical Reasons pursuant to subsection 32.1 of the RCMP Superannuation Act
• A letter from a competent authority indicating the date on which the former member can return to work, with a description of any accommodation that is required to assist with identifying job opportunities

7.10 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 HR 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.

7.11 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 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.