Public Service Employment Regulations

Marginal note:Canadian Forces and RCMP

• 8 (1) The following persons who are released or discharged for medical reasons are entitled to appointment in priority to all persons, other than those referred to in section 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 of the Canadian Forces;

  • (b) a member of the Primary Reserve of the Canadian Forces on full-time Class B Reserve Service of more than 180 consecutive days;

  • (c) a member of the reserve force of the Canadian Forces on Class C Reserve Service;

  • (d) a member of the special force of the Canadian Forces;

  • (e) a member of the Primary Reserve of the Canadian Forces on Class A or Class B Reserve Service of 180 days or less, if the medical reasons are attributable to service;

  • (f) a member, within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act, of the Royal Canadian Mounted Police; and

  • (g) a member of the Reserve of the Royal Canadian Mounted Police, if the medical reasons are attributable to service.

• Marginal note:Conditions

  (1.1) The priority applies if

  • (a) within five years after the day on which the person is released or discharged, as the case may be, the person is certified by a competent authority to be ready to return to work on the day specified by the authority;

  • (b) the day specified is within five years after the day on which the person is released or discharged, as the case may be; and

  • (c) the person requests the priority within five years after being released or discharged, as the case may be.

• 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 two years after 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; 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), “Primary Reserve” has the same meaning as in article 2.034 of the Queen’s Regulations and Orders for the Canadian Forces and “Class A Reserve Service”, “Class B Reserve Service” and “Class C Reserve Service” have the same meanings as in sections 9.06, 9.07 and 9.08 respectively of those Regulations and Orders.