Government Employees Compensation Act (GECA) – Revocation of Election under the GECA –OPD 610-4

5. Conditions for Revocation

5.1 First Stage of Review:

At the first stage of review, the subrogation officer will verify, to the best of their ability, that ALL of the following conditions are met:

  1. The government’s ability to pursue the claim against the third party is not prejudiced;
  2. The government is reimbursed for all benefits received prior to revocation; and
  3. The interests of any third party are not adversely affected by the revocation.

The subrogation officer may confer with regional Department of Justice counsel as required in conducting his or her review.

If all of the above conditions are met, the subrogation officer proceeds to the second stage of review. If all of the above conditions are not met, the subrogation officer proceeds directly to the third stage of review.

5.2 Second Stage of Review:

If all of the above conditions are met, the particular facts must also satisfy any one of the conditions set out below:

  • The employee could not read or write in the language of the form and/or documentation;
  • There is evidence that the employee did not intend to claim benefits; or
  • There is a situation which was not foreseeable at the time that the employee signed the election form (i.e. medical malpractice; recall on a vehicle, equipment, etc; and/or changes in legislation that affect the Crown’s ability to pursue an action).

5.3 If the Request Satisfies Stages 1 and 2:

The subrogation officer shall prepare a “note to file” setting out the rationale for his or her recommendation to grant the revocation.

The subrogation officer shall then forward the “note to file” and supporting documentation to NHQ for approval.

If the revocation is granted, the subrogation officer shall take the following steps:

  • If the employee has already received benefits pursuant to the GECA, repayment of all benefits received shall be obtained prior to or contemporaneously with the execution of the revocation agreement granting the revocation. There will be no reduction in, or pro-rating of, the amount owed to account for the employee’s legal expenses, etc.
  • Once the monies owed are received, and the revocation agreement is executed, a letter shall be sent to the appropriate provincial workers compensation board/commission advising them of the revocation, and its implications.

If a request does not satisfy the second stage of review, the subrogation officer shall proceed to a third stage of review.

5.4 Third Stage of Review:

If the particular facts meet the first stage of review but do not satisfy the second stage of review, the subrogation officer shall refer the file to NHQ to determine whether revocation can nonetheless be granted.

In such cases, NHQ will determine whether there are compelling facts and/or that the revocation is in the best interests of both parties.

The mere fact that the employee is under financial pressure at the time of signing the election is not sufficient to warrant revocation, nor is the fact that the employee’s injuries are more serious than first anticipated. This can be accounted for in settlement.

If revocation is approved by NHQ, the subrogation officer shall:

  • Ensure that the employee and his/her legal representative are aware of the obligation to reimburse all benefits received;
  • Ensure that the employee and his/her legal representative are aware that under no circumstances will there be a reduction in, or pro-rating of, the amount owed to account for the employee’s legal expenses, etc.;
  • Ensure that if the employee has already received benefits pursuant to the GECA, repayment of all benefits received shall be obtained prior to or contemporaneously with the execution of the “Revocation Agreement to Transfer Legal Rights of Action in Return for Reimbursement of Expenses” granting the revocation;
  • Ensure that the employee and his/her legal representative are aware that the revocation is not effective until the revocation agreement is duly executed. 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; and
  • Once revocation is granted, a letter shall be sent to the appropriate provincial compensation board/commission advising them of the revocation, and its implications. A copy shall also be sent to the employee and employer.

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Date Modified:
2011-09-23