House of Commons, a Member’s office

The Treasury Board Secretariat confirms in writing: a constable loses a pension for misconduct, a deputy minister does not

Hello,

Danilo Dzyuban, Ottawa. This letter is addressed to the Shadow Minister for Treasury Board. It concerns 1 letter the Treasury Board of Canada Secretariat sent me on 23 September 2026, and the 3 statutes behind it.

WHAT THE SECRETARIAT PUT IN WRITING.

On 23 September 2026 the Secretariat wrote to me: "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 letter came from Pension Policy and Programs, over no name, 21 days after my letter to the President of the Treasury Board. It names the Minister of Public Safety as responsible for the rule that does exist, and it states no position of the President on why the difference exists or whether it should stay.

THE 3 STATUTES.

Subsection 11(4) of the Royal Canadian Mounted Police Superannuation Act: a member compulsorily retired for misconduct gets a return of contributions, and the employer-funded share only "in the discretion of the Treasury Board". Subsection 5(1) of the Financial Administration Act: the Treasury Board is a committee over which the President of the Treasury Board presides. Until 1999 the Public Service Superannuation Act carried a definition of misconduct; Bill C-78, a Government bill sponsored by the President of the Treasury Board, repealed it, and the same bill amended section 11 of the RCMP statute and left the rule in it. In the Canadian Forces Superannuation Act the word does not occur.

So the President chairs the body that decides whether a constable keeps the employer's share, is the Minister for the statute that no longer punishes a deputy minister, and holds the office that sponsored the repeal. The President's Secretariat says the question belongs to another minister.

The finding, the 4 statutes as captured on 24 September 2026, and the Secretariat's letter in full are published at https://dzyuban.com/legal/findings/misconduct-pension-rule/

WHAT I ASK.

Two routes remove the difference: extend subsection 11(4) to the Public Service Superannuation Act, or repeal it for the RCMP. A Senate public bill that does the first, word for word, is drafted. Put the question to the President of the Treasury Board in the House or at the Standing Committee on Government Operations and Estimates, over the President's name: which route the Government supports, or that it supports neither. Tell me in writing by 7 October 2026 whether you will put it, and which route the Official Opposition supports. The same question is with the Secretariat, the Minister of Public Safety and the National Police Federation, with the same date. Your answer, or its absence, goes into the public record next to theirs.

Respectfully,
Danilo Dzyuban

The Treasury Board Secretariat says the Minister of Public Safety owns the only federal pension rule that punishes misconduct, and it reaches constables alone

Hello,

Danilo Dzyuban, Ottawa. This letter is addressed to the Shadow Minister for Public Safety, with a copy to the Associate Shadow Minister. It concerns 1 letter the Treasury Board of Canada Secretariat sent me on 23 September 2026, and the 3 statutes behind it.

WHAT THE SECRETARIAT PUT IN WRITING.

On 23 September 2026 the Secretariat wrote to me: "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 letter came from Pension Policy and Programs, over no name, 21 days after my letter to the President of the Treasury Board. It names the Minister of Public Safety as responsible for the rule that does exist, and it states no position of the President on why the difference exists or whether it should stay.

THE 3 STATUTES.

Subsection 11(4) of the Royal Canadian Mounted Police Superannuation Act: a member compulsorily retired for misconduct gets a return of contributions, and the employer-funded share only "in the discretion of the Treasury Board". Subsection 5(1) of the Financial Administration Act: the Treasury Board is a committee over which the President of the Treasury Board presides. Until 1999 the Public Service Superannuation Act carried a definition of misconduct; Bill C-78, a Government bill sponsored by the President of the Treasury Board, repealed it, and the same bill amended section 11 of the RCMP statute and left the rule in it. In the Canadian Forces Superannuation Act the word does not occur.

So the President chairs the body that decides whether a constable keeps the employer's share, is the Minister for the statute that no longer punishes a deputy minister, and holds the office that sponsored the repeal. The President's Secretariat says the question belongs to another minister.

The finding, the 4 statutes as captured on 24 September 2026, and the Secretariat's letter in full are published at https://dzyuban.com/legal/findings/misconduct-pension-rule/

WHAT WENT TO THE MINISTER.

The Secretariat's letter names the Minister of Public Safety as "the minister responsible for the RCMP pension plan". The question went to him the same day, 23 September, with the date of 7 October 2026 and 3 questions. First, the basis on which the rule applies to a member of the RCMP and to nobody else. Second, which of the 2 routes he supports. Third, whether the Department has assessed the rule against the treatment of every other federal employee at any time since 1999. His constituency office answered within the minute that matters of the Minister's role go to a departmental mailbox, and the letter went there.

WHAT I ASK.

Two routes remove the difference: extend subsection 11(4) to the Public Service Superannuation Act, or repeal it for the RCMP. A Senate public bill that does the first, word for word, is drafted. Put the 3 questions to the Minister in the House or at the Standing Committee on Public Safety and National Security. Tell me in writing by 7 October 2026 whether you will, and which route the Official Opposition supports. Your answer, or its absence, goes into the public record next to the Secretariat's and the Minister's.

Respectfully,
Danilo Dzyuban

A Senate public bill of 1 subsection: the pension rule that reaches constables alone, and the Treasury Board Secretariat's letter of 23 September 2026

Hello,

Danilo Dzyuban, Ottawa. This letter is addressed to Senator Colin Deacon. It concerns 1 letter the Treasury Board of Canada Secretariat sent me on 23 September 2026, the 3 statutes behind it, and a bill of 1 subsection.

WHAT THE SECRETARIAT PUT IN WRITING.

On 23 September 2026 the Secretariat wrote to me: "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 letter came from Pension Policy and Programs, over no name, 21 days after my letter to the President of the Treasury Board. It names the Minister of Public Safety as responsible for the rule that does exist, and it states no position of the President on why the difference exists or whether it should stay.

THE 3 STATUTES.

Subsection 11(4) of the Royal Canadian Mounted Police Superannuation Act: a member compulsorily retired for misconduct gets a return of contributions, and the employer-funded share only "in the discretion of the Treasury Board". Subsection 5(1) of the Financial Administration Act: the Treasury Board is a committee over which the President of the Treasury Board presides. Until 1999 the Public Service Superannuation Act carried a definition of misconduct; Bill C-78, a Government bill sponsored by the President of the Treasury Board, repealed it, and the same bill amended section 11 of the RCMP statute and left the rule in it. In the Canadian Forces Superannuation Act the word does not occur.

So the President chairs the body that decides whether a constable keeps the employer's share, is the Minister for the statute that no longer punishes a deputy minister, and holds the office that sponsored the repeal. The President's Secretariat says the question belongs to another minister.

The finding, the 4 statutes as captured on 24 September 2026, and the Secretariat's letter in full are published at https://dzyuban.com/legal/findings/misconduct-pension-rule/

THE BILL.

A Senate public bill is drafted. It copies subsection 11(4) of the RCMP statute into the Public Service Superannuation Act word for word and keeps the Treasury Board as the decision-maker. Parliament can remove the difference the other way, by repealing the rule for the RCMP, and a Parliament that prefers that can say so. The bill puts the choice on the record. What stands today is the third outcome, the difference kept. The Secretariat's letter shows that no office will put its name to it.

WHAT I ASK.

Introduce the bill in the Senate. Tell me yes or no, in writing, by 7 October 2026. On yes, the text goes to your office the same day. On no, the record will show that the bill was offered and declined, with the date, next to the Secretariat's letter.

Respectfully,
Danilo Dzyuban