Human Resources and Skills Development Canada
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Government Employees Compensation Act (GECA) – Revocation of Election under the GECA –OPD 610-4

Effective Date: July 2009

1. Purpose

This directive establishes the guidelines and procedures to be used by Injury Compensation staff of the Labour Program in determining whether revocation of an employee’s election is appropriate under the GECA, and if granted, how to process the revocation.

2. Authority

Section 9 of the GECA.

3. Principles

A revocation is the process by which an employee “de-elects” or changes his or her election under the GECA. An employee may request to revoke their election to claim benefits under the GECA.

Alternatively, an employee may request to revoke their election to take action directly against a third party, in order to make a claim under the GECA.

An election is, in principle, conclusive. Revocation should not be offered as a matter of course, where an employee simply changes his/her mind about how they wish to proceed.

The GECA is silent on the issue of revocation. However, Human Resources and Skills Development Canada – Labour Program is willing to provide this exceptional remedy as long as a revocation respects the conditions of this OPD and the rights of the Crown are preserved.

4. Processing of a Request to Revoke an Election to Claim Benefits under the GECA

Where an employee requests the revocation of an Election to Claim Benefits under the GECA, the subrogation officer shall advise the employee of the following in writing:

  1. the consequences of a revocation, namely that the employee:
    • will not receive any ongoing benefits; and
    • will have to repay the costs of any medical, wage loss or other compensation benefits already received prior to a revocation being granted.
  2. to seek independent legal advice.
  3. that Human Resources and Skills Development Canada does not pay for, or reimburse an employee for the costs associated with seeking independent legal advice and/or retaining their own counsel.
  4. that the revocation is not effective until the revocation agreement is duly executed and the cost of any benefits received are repaid. The agreement must first be signed by the employee, and will then be signed by the appropriate representative from Human Resources and Skills Development Canada.
  5. the terms of and procedures under subsection 9(2) of the GECA relating to the employee’s ability, if not successful in his/her action, to make an application to recover under the GECA. (Please refer to OPD 610-3)

If the employee wishes to continue with the request for revocation, the subrogation officer will advise the employee or his/her representative to make the request for revocation in writing. This request should include the following information:

  • date of accident
  • nature of the accident
  • applicable limitation period
  • reasons for which revocation is sought

The request will then be reviewed by the subrogation officer in accordance with the conditions set out below.

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Date Modified:
2011-09-16