Pension for misconduct
Pension penalty for misconduct: constables only
One federal rule withholds the employer’s share of a pension for misconduct. It binds the RCMP and no one else: the public service lost it in 1999, the Forces never had it. The Treasury Board Secretariat confirmed the gap in writing, gave no reason and named another minister.
Grounds
A constable dismissed for misconduct keeps only what the constable paid in. The employer’s share is released at the discretion of the Treasury Board.
Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 11 (4): a contributor “compulsorily retired from the Force by reason of misconduct is entitled to (a) a return of contributions; or (b) in the discretion of the Treasury Board, the whole or any part … of any benefit”. Subsection 11 (10) applies it to members who hold no rank.
A bill of the President of the Treasury Board struck the rule from the public service statute and left it in force for the RCMP.
Public Service Superannuation Act, s. 3 (1): “misconduct [Repealed, 1999, c. 34, s. 53]”. Bill C-78, 36th Parliament, Public Sector Pension Investment Board Act, S.C. 1999, c. 34, sponsor the Hon. Marcel Massé, President of the Treasury Board; royal assent 14 September 1999. The same bill amended all three pension statutes.
The Forces statute never held the rule.
Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, full consolidated text, 24 September 2026: the word misconduct, 0 occurrences.
A deputy minister or a general convicted for the office keeps the whole pension. A constable does not.
The members of the RCMP are the only federal employees the rule reaches.
The Secretariat confirmed the gap, gave no reason for it and sent the question to another minister.
“… neither the Treasury Board nor the President of the Treasury Board has authority under the PSSA to reduce or withhold a public servant’s pension benefit because the person was dismissed for misconduct.” “The Minister of Public Safety is the minister responsible for the RCMP pension plan.” Pension Policy and Programs, Treasury Board of Canada Secretariat, 23 September 2026, over no name.
The power the Secretariat disowns belongs to the board its own President chairs.
Financial Administration Act, s. 5 (1): the Treasury Board, “over which the President of the Treasury Board … shall preside”. The discretion in s. 11 (4) belongs to that board.
On the records of the repeal the Secretariat used three powers the Access to Information Act does not grant, and withheld the one it does.
File A-2026-00378, filed 2 September 2026 with a request to waive the fee: “in abeyance”, “considered abandoned” in 30 days (2 September), “will remain on hold” pending $5 (9 September). The Act holds one power on fees: to waive them, s. 11 (2). Complaint to the Information Commissioner, 23 September 2026.
A Senate bill extends the rule to the public service, word for word.
The draft copies s. 11 (4) into the Public Service Superannuation Act and keeps the Treasury Board as the decision-maker.