Young v. Canada, (1986) 1 F.T.R. 294 (TD)

• Judge: Pinard, J.
• Court: Federal Court (Canada)
• Case Date: November 27, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 1 F.T.R. 294 (TD)

Young v. Can. (1986), 1 F.T.R. 294 (TD)

MLB headnote and full text

Young v. Her Majesty The Queen in Right of Canada

(T-796-85)

Indexed As: Young v. Canada

Federal Court of Canada

Trial Division

Pinard, J.

January 10, 1986.

Summary:

Young worked for the Canadian Pacific Railway (CPR) for 2 1/2 years before becoming a member of the Royal Canadian Mounted Police (RCMP) for 20 years. After his RCMP service he took a job with the Federal Department of Fisheries and Oceans (the Public Service). Young applied for a declaration that he be entitled to buy back the 2 1/2 years of elective pensionable service resulting from his employment with CPR pursuant to s. 5(1)(b)(iii)(F) of the Public Service Superannuation Act. Section 5(1)(b)(iii)(F) provided that a contributor to the Public Service Superannuation Account could count as pensionable service, elective service comprising of any period of service in pensionable employment immediately prior to becoming employed in the Public Service. The Crown argued that Young's service with the CPR was interrupted by his RCMP service, which was not Public Service, and consequently his CPR service could not be regarded as "immediately prior to becoming employed in the Public Service" within the meaning of s. 5(1)(b)(iii)(F).

The Federal Court of Canada, Trial Division, held that as a member of the RCMP Young was not employed in the Public Service for purposes of the Public Service Superannuation Act and therefore his years at CPR were not served immediately prior to his becoming employed in the public service and could not be counted as pensionable service. Thus the court dismissed Young's application to buy back for pension purposes the years he worked for CPR.

Crown - Topic 5266

Officials and employees - Pension benefits - Pensionable service defined - The Public Service Superannuation Act, s. 5(1)(b)(iii)(F), allowed a public service employee to count for pension purposes years of elective pensionable service worked immediately prior to becoming employed in the Public Service - The Federal Court of Canada, Trial Division, held that a man who worked for 20 years as a member of the RCMP was not a member of the Public Service - Therefore, when the man commenced working for the Federal Department of Fisheries and Oceans after he left the RCMP, he was not entitled to count 2 1/2 years of elective pensionable service he earned while working with the Canadian Pacific Railway prior to his RCMP service, because it was not service "immediately prior to being employed in the Public Service".

Statutes Noticed:

Public Service Superannuation Act, R.S.C. 1970, c. P-36, sect. 2(1) [para. 12]; sect. 4(1) [para. 15]; sect. 5(1)(b)(iii)(F) [para. 4]; Schedule A, Part III [para. 13].

Royal Canadian Mounted Police Superannuation Act, R.S.C. 1970, c. R-11, sect. 2(3) [para. 17].

Counsel:

Appearances: Crawford Charles Young, for the plaintiff;

Robert Cousineau, for the defendant.

Solicitors of Record:

Crawford Charles Young, Delta, British Columbia, for the plaintiff;

Frank Iacobucci, Deputy Attorney General of Canada, for the defendant.

This application was heard at Vancouver, British Columbia, on November 27, 1985, before Pinard, J., of Federal Court of Canada, Trial Division, who delivered the following decision on January 10, 1986: