Canadian Armed Forces Military Personnel Instruction 01/17 – Imposed Restriction

1. Identification

Date of Issue: 2017-07-26

Date of Last Modification: 2025-01-31

Application: This instruction applies to an officer or non-commissioned member of the Regular (Reg) Force and the Reserve (Res) Force on Class "C" Reserve Service.

Supersession:

• CANFORGEN 184/12, Changes to Imposed Restriction Policy
• CANFORGEN 034/15, Clarification paragraph 7 (d) canforgen 184/12 cmp 078/12 101509z oct 12 changes to imposed restriction policy
• CANFORGEN 049/16, Imposed Restriction Policy
• CANFORGEN 095/16, Cancellation of canforgen 049/16 cmp 032/16 141829z apr on imposed restriction policy

Approval Authority: Chief of Military Personnel (CMP)

Enquiries: Administrative Response Centre (ARC)

2. Definitions

Change of Strength (COS) (changement d'effectif)

The date at which the administrative responsibility and strength accountability of a member passes from one unit to another.

Dependant (personne à charge) (has the same meaning as in CBI 208.997(2))

Means: 

• a member’s spouse or common-law partner; 
• a member’s, their spouse’s, or their common-law partner’s child – including a stepchild, legal ward, adopted child or child adopted under a Canadian aboriginal custom adoption practise – who is dependent on the member because the child is:
  • under 18 years of age,
  • mentally or physically disabled, or
  • under 25 years of age and in full-time attendance at a school or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature;
• a member’s, their spouse’s, their common-law partner’s relative – parent, grandparent, brother, sister, uncle, aunt, niece, nephew, or grandchild – who is dependent on the member because that relative is mentally or physically disabled;
• physically resides in the member’s residence for more than 240 days during the 365 days immediately before the day on which the member moves their household goods and effects (HG&E); or
• a child under 18 years of age who is the subject of a custody order or an enforceable custody agreement between the member and another person, the child is deemed to physically reside in the member’s residence for:
  • the time as specified in the custody order or agreement; or
  • the time the member has access to but not custody of the child.

First Place of Duty (premier lieu de service)

Means the geographical area of responsibility of the recruiting unit within which a member is enrolled. 

Imposed Restriction (IR) (restriction imposée)

Means an approved delay in moving dependants, household goods and effects ((D) HG&E) for a specific period of time upon being posted to a new place of duty within Canada. 

Intended Place of Residence (IPR) (domicile projeté)

The place at which a member or former Canadian Armed Forces (CAF) member intends to reside following release from the Regular Force. (Treasury Board (TB) amended 16 September 2014) 

Operationally Functional Point (OFP) (niveau opérationnel de compétence)

Occurs when a military member completes all qualifications required for first employment in their assigned military occupation. At this point a member is posted off the Basic Training List (BTL) or Subsidized University Training List into a Trained Effective Establishment position and counted as Trained Effective Strength. 

Place of Duty (lieu de service)

Means the place at which a member usually performs normal military duties, and includes any place in the surrounding geographical area that is determined to be part thereof by the Chief of the Defence Staff (CDS) or such other officer as the CDS may designate (has the same meaning as in CBI 208.80(3)). 

Principal Residence (residence principale)

Means a residential property in Canada that:

• is located:
  • at the place to which the member’s HG&E were last moved at public expense,
  • at the place of the member’s HG&E on the date the member enrolled in the Regular Force unless the member has subsequently moved at public expense,
  • at the place of the member’s HG&E on the date the member was authorized to be on their current Class “C” Reserve Service unless the member has subsequently moved at public expense, or
  • at any other place of duty, selected place of residence or designated alternative location, to which the member was authorized to move their HG&E at public expense;
• is owned or rented by the member or the member’s dependants or jointly by the member and the member’s dependants;
• was occupied by the CAF member, the CAF member's dependants or both, immediately prior to official notification of the posting; and
• but for service reasons, would have been occupied by the member on a full-time basis. (as per CBI 208.997(2).)

Restricted Move (déménagement restraint)

Means a move to a place of duty, by or under the authority of the CDS, where it is considered to be in the interests of a member – who has a dependant – or the CAF to restrict the move of (D) HG&E, or part thereof until the Commanding Officer of the gaining unit can lift the restriction. A restricted move becomes an authorized move after six months from the COS date, unless IR is approved.

Service Couple (couple militaire)

Means where a Reg Force member or a member on Class “C” Reserve Service is a spouse or common-law partner of another Reg Force member or a member on Class “C” Reserve Service. (Paraphrased TB, effective 23 July 2003) 

Unaccompanied Move (UM) (déménagement non accompagné)

Means where a member, who intends to relocate their (D) HG&E, or part thereof to the new location, but where accommodations have not been secured or are not available prior to COS or Report For Duty, proceeds unaccompanied to the new place of duty (in a new geographical location) on a restricted move basis for a maximum period of six months. Only personal effects shipped as unaccompanied baggage proceed with the member.

3. Policy Direction

Context

3.1 It is normally in the best interest of the CAF and its members that their dependants be co-located and able to support one another at the member’s place of duty. However, the posting of members to new geographical locations has an impact on the members’ and their dependants’ needs. At times, it may be in the interest of the member or the CAF that the member’s dependants do not immediately move to the new geographical location. The delay in moving dependants is designed to temporarily support personal and family circumstances. 

Policy Statement

3.2 The intent of the IR policy is to identify the circumstances and process for approving a delay in moving (D) HG&E for a specific period, up to five years, before a member has to be reunited with their dependants. This policy is not designed for nor intended to enable permanent separation of families. Only in exceptional circumstances based on CAF specific needs will an IR be extended beyond the five year limit. 

Policy Procedures

3.3 This instruction establishes the procedure and factors that will ensure consistency, fairness and transparency of the IR process. This instruction will also set out the mandatory factors to be considered in evaluating an application for IR status.

Policy Conditions

3.4 IR is an extension of the restricted move status. Note that a restricted move becomes an authorized move after six months from the COS date, unless IR is approved. IR status is only one condition that must be satisfied before an entitlement to CBI 208.997, Separation Expense (SE) benefits is met. CBI 208.997(1) provides for reimbursement of some additional living expenses resulting from the short-term separation of CAF members from their (D) HG&E.

Details of Application

3.5 The IR policy applies to all members of the CAF who: 

1. are posted between two geographical locations within Canada, or
2. were prohibited from moving their (D), or HG&E, or both, to outside Canada (OUTCAN) postings and subsequently are then posted back to Canada to a location different from where their (D), HG&E are. 

3.6 In accordance with Military Foreign Service Instructions, IR does not apply to members going to OUTCAN postings.

4. Administration

Application for Imposed Restriction

4.1 The application for IR status and any requests for extensions are the responsibility of the member. To apply, the member must staff a “Request for IR Status” memo (Annex A), as well as the completed “IR Status Questionnaire” (Annex B), through their chain of command to the Delegated Authority in accordance with Section 6.

Application for the Lifting of Imposed Restriction

4.2 The application for the lifting of IR status is the responsibility of the member. The member must staff a “Request for IR Status Be Lifted” memo (Annex C), through their chain of command to the Delegated Authority in accordance with Section 6. (Reference CFAO 209-28, Removal Benefits – Movement of Dependants, and/or Furniture and Effects (15))

Application to Extend Imposed Restriction Past Five Years

4.3 The application for the extension of IR status past five consecutive years is the responsibility of the member. The member must staff a “Request for IR Status to Be Extended Beyond Five Years” memo (Annex D), through their chain of command to the Delegated Authority in accordance with Section 6. An application must be received no later than six months prior to the current IR expiration date.

Exceptions

4.4 There may be special circumstances that merit exceptions to this policy. In such cases, approval must be sought in accordance with table 6.1. 

Change in Personal Circumstances

4.5 If the reason for which IR status was granted no longer exists or if the member has experienced a change in personal circumstances, (e.g. divorced, separation, dependants no longer residing in principal residence, etc.), the member must staff an “Experienced a Change in IR Status” memo (Annex E) through their chain of command to the Delegated Authority in accordance with Section 6. Where documentary evidence of the status is available, the original document, a photocopy or a notarized copy must be submitted. (Reference QR&O 26.02, Domestic Events Affecting Pension, Annuity, Pay, Allowances, Benefits or Expenses)

5. Criteria and Factors

Eligibility For Granting Imposed Restriction

5.1 The following eligibility criteria must be met in order to be granted IR Status:

Factors For Assessing Imposed Restriction

5.2 The following factors must be considered when assessing a request for IR Status:

Imposed Restriction Status Duration

5.3 The following tables describes the IR Status duration:

6. Delegated Authorities

Authority Table

6.1 The following table identifies the delegated authorities:

7. Consequences

Non-Compliance

7.1 A CAF member who provides false information to obtain IR status may be liable to disciplinary and administrative action, including release, for conduct deficiencies. Any benefit payments made to the member on the basis of false information must be recovered in accordance with QR&O 26.02.

8. References

Acts, Regulations, Central Agency Policies and Associated DAOD

• QR&O, Volume I - Chapter 9, article 9.08, Class "C" Reserve Service
• QR&O, Volume I - Chapter 10 - Section 2, Attachment, Secondment and Loan
• QR&O, Volume I - Chapter 26, article 26.02, Domestic Events Affecting Pension, Annuity, Pay, Allowances, Benefits or Expenses
• CBI 208.997, Separation Expense
• CBI Chapter 10, Foreign Service Instructions

Other References

• DAOD 1000-0, Foundation Framework for Defence Administrative Orders and Directives
• DAOD 5024-0, DND Living Accommodation 
• DAOD 5044-1, Families
• DAOD 7025-0, Fraud Prevention and Management
• DAOD 2017-0, Military Grievances
• DAOD 2017-1, Military Grievance Process 
• CFAO 209-28, Removal Benefits -- Movement of Dependants, and/or Furniture and Effects (this document can only be accessed on the DWAN)
• A-P9-050-000/PT-009/DPGR, Manual Of Individual Training and Education Volume 9 - Production Management (this document can only be accessed on the DWAN)
• Canadian Armed Forces Relocation Directive, APS 2009, A-PP-005-IR-AG-001

9. Annexes

1. Annex A – Sample - Memo For Requesting for Imposed Restriction Status
2. Annex B – Forms - Imposed Restriction Status Questionnaire (Regular Force & Reserve Force Class C Members, and Service Couple)
3. Annex C – Sample - Memo Request for Imposed Restriction Status Be Lifted (To be used when member wishes to cease IR entirely, such as when purchasing a new principal residence at the new location, and moving (D), HG&E to the member’s location)
4. Annex D – Sample - Memo Request for Imposed Restriction Status Be Extended Beyond Five Years
5. Annex E – Sample - Memo Experienced a Change in Imposed Restriction Status (Circumstances) (To be used when member may still wish to be on IR but SE benefits may not apply any longer; or to temporarily lift IR and then re-instate it later)