Public Service Employment Regulations (SOR/2005-334)

Marginal note:Canadian Forces — release for medical reasons

• 8 (1) The following persons who are released from the Canadian Forces 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:

  • (a) a member of the regular force;

  • (b) a member of the special force; and

  • (c) a member of the reserve force on Class B Reserve Service of more than 180 consecutive days or on Class C Reserve Service.

• Marginal note:Conditions

  (1.1) The priority applies if

  • (a) the person requests the priority within five years after the day on which the person is released;

  • (b) the person is not employed in the public service for an indeterminate period at the time the request is made;

  • (c) 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

  • (d) the day specified is within five years after the day on which the person is released.

• Marginal note:Entitlement period

  (2) 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 day that is five years after the day on which the entitlement period begins;

  • (a.1) the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service;

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

  • (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.

• Marginal note:Interpretation

  (3) In subsection (1), Class B Reserve Service and Class C Reserve Service have the same meaning as in sections 9.07 and 9.08, respectively, of the Queen’s Regulations and Orders for the Canadian Forces.