Public Service Employment Regulations

Marginal note:Canadian Forces — release for medical reasons attributable to service

• 4.1 (1) The following persons who are released from the Canadian Forces for medical reasons that the Minister of Veterans Affairs determines are attributable to service are entitled to the priority for appointment provided under section 39.1 of the Act:

  • (a) a member of the regular force;

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

  • (c) a member of the special force.

• Marginal note:Conditions

  (2) Subject to subsection (3), the priority applies if

  • (a) the person requests the priority within five years after the day on which the person is released, regardless of whether the determination referred to in subsection (1) is still pending on the day on which the request is made;

  • (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:Alternative condition

  (3) The priority applies if, on the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service, the person had an entitlement to a priority for appointment under section 8.

• Marginal note:Beginning of entitlement period

  (4) The entitlement period begins on

  • (a) if the priority is applicable under subsection (2), the later of the day on which the person is ready to return to work, as certified by a competent authority, and the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service; or

  • (b) if the priority is applicable under subsection (3), the day on which the Minister of Veterans Affairs determines that the person was released for medical reasons that are attributable to service.

• Marginal note:End of entitlement period

  (5) The entitlement period ends on the earliest of

  • (a) the day that is five years after the day on which the entitlement period begins under subsection (4);

  • (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.