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DOAD 7004-2, Compensation for Loss or Damage to Personal Property

Table of Contents

  1. Introduction
  2. Definitions
  3. Loss or Damage to Personal Property
  4. Submission of Claims
  5. Special Cases
  6. References
  7. Form DAOD 7004-2A
  8. Form DAOD 7004-2B

 

1. Introduction

Date of Issue: 2003-10-17

Application: This is a directive that applies to employees of the Department of National Defence (DND) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession:

Approval Authority: This DAOD is issued under the authority of the Department of National Defence/Canadian Forces Legal Advisor (DND/CF LA).

Enquiries: Director, Claims and Civil Litigation (DCCL) or the nearest representative of the Judge Advocate General (JAG).

2. Definitions

basic clothing (habillement de base)

Basic clothing means military items of clothing for which replacement is provided from clothing upkeep allowance.

claims (réclamations)

Claims include requests for compensation to cover losses, expenditures or damages sustained by the Crown or a claimant, including requests or suggestions that the Crown make an ex gratia payment.

Claims do not include claims made under other governing instruments or policies, for example:

Crown servant (fonctionnaire de l'État)

Crown servant has the same meaning as set out in the Treasury Board Policy on Claims and Ex gratia Payments. DND employees and CAF members are Crown servants. Persons engaged under contracts for services are not Crown servants.

Ex gratia payment (paiement à titre gracieux)

Ex gratia payment means a benevolent payment made to anyone in the public interest by the Crown under the authority of the Governor in Council for loss or expenditure incurred for which there is no legal liability on the part of the Crown.

personal property (effets personnels)

Personal property means personal items which would normally be carried by a CAF member in a field pack or maintained in permanent or temporary quarters, e.g., basic clothing, radios, clocks, cameras, clothing, pictures, appliances, sports equipment, books and instruments.

3. Loss or Damage to Personal Property

Crown Servant Effects

3.1 Claims for loss or damage to Crown servant effects which are reasonably related to the performance of the servant's duties may be made under the Policy on Claims and Ex gratia Payments.

Personal Property

3.2 Compensation may be claimed under Section 1 (Compensation For Loss of or Damage to Personal Property) of CBI Chapter 210 (Miscellaneous Entitlements and Grants) if the loss or damage to the personal property of a CAF member was attributable to the service of the member and the personal property lost or damaged was necessary for the performance of military duties of the member.

No Compensation Payable

3.3 No compensation is payable under this DAOD for:

  1. items of clothing or material issue for which a commanding officer (CO) may authorize free replacement issue in accordance with A-LM-007-014-AG-001, Canadian Forces Supply Manual;
  2. cash, jewellery, fur coats, precious metals, gem stones, or coin, stamp or gun collections, except under exceptional circumstances; or
  3. items covered by private insurance.

Replacement Value

3.4 Compensation for loss or damage to Crown servants' effects or personal property is based on the full cost to replace the effects with effects of the same or equivalent quality, or the reasonable cost to repair them, whichever is the more appropriate.

4. Submission of Claims

Submission

4.1 Claims made under the Policy on Claims and Ex gratia Payments by a CAF member or other Crown servant, or under CBI 210.03, Claims for Compensation, by a CAF member, shall be submitted as follows:

Step Action

1

The Crown servant shall submit a claim to the CO or departmental manager in the form of a statutory declaration, with applicable additional documents attached, setting out:

  • full particulars of the circumstances under which the loss or damage occurred, substantiated by evidence as appropriate, including, if applicable:
    • a description of the incident;
    • statements from other Crown servants and persons having knowledge of the circumstances;
    • any other existing written reports or information in relation to the incident; and
    • an itemized list of the articles lost or damaged, showing:
      • month, year and place of purchase;
      • purchase price;
      • general condition of the article at time of loss or damage, e.g., poor, fair, good or excellent;
      • the amount claimed with respect to each article; and
      • if available, original receipts for the items claimed;
  • in the case of a claim under CBI 210.03, the information required under paragraph (1) of CBI 210.03;
  • in the case of glasses or safety footwear, the actual receipt representing the cost of the replacement item, as well as the amount of any footwear allowance paid to the DND employee, if applicable;
  • a written undertaking that the CAF member will comply, if compensation is paid, with CBI 210.06, Recovery For Articles For Which Compensation Paid, and CBI 210.07, Assignment of Legal Rights, if applicable;
  • evidence that the loss or damage was promptly reported and that every reasonable effort was made to recover the missing articles;
  • a statement by the claimant as to any private insurance coverage or lack of it, and the details of any settlement made by the insurance company; and
  • any further information and material as may be required for a legal opinion.

Note - Claims may be submitted in bulk if the cause of the loss or damage was the same for all claimants, such as a fire or an explosion.

2

The CO or department manager to whom a claim has been forwarded shall:

  • review the documents to ensure that all applicable supporting documentation has been provided;
  • in the case of a claim under CBI 210.03, Claims for Compensation:
    • ensure that it represents a valid claim; and;
    • certify the claim in accordance with subparagraph (1)(g) of CBI 210.03, Claims for Compensation, and that, in the case of bulk claims, the claims submitted represent all the claims arising from the incident. If such a certification in the case of bulk claim cannot be made, the CO shall provide a statement indicating the reasons why all claims are not forwarded together, including a projected date as to when the remaining claims may be expected;
  • in the case of claims made under the Policy on Claims and Ex gratia Payments, provide written confirmation that the Crown servant's effects related to the reasonable performance of the duties of the Crown servant at the time of the loss or damage; and
  • forward the claim and supporting documentation directly to the nearest regional JAG representative or, in the case of a DND employee or CF member located in the National Capital Region, to the DND/CF LA, Attention: DCCL, with their recommendation as to whether payment should be approved.

3

The nearest regional JAG representative or DCCL reviews the claim to assess the amount of compensation payable, and actions payment as appropriate.

Statutory Declaration

4.2 The statutory declaration required under Step 1 of the Submission block shall be completed in accordance with DAOD 7000-1, Completion of Affidavits and Statutory Declarations.

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5. Special Cases

Service Laundries and Dry Cleaning Establishments

5.1 A-LM-007-014-AG-001, Canadian Forces Supply Manual, prescribes the conditions under which personal property may be accepted for laundering, dry cleaning and pressing services on a recoverable basis.

5.2 Claims by CAF members arising from the use of a service laundry or dry cleaning establishment should be submitted in accordance with form DAOD 7004-2A, Declaration of Loss or Damage to Laundry and Dry Cleaning.

5.3 If the laundry or dry cleaning establishment is operated by a contractor, claims procedures under the contract shall be followed.

5.4 Compensation for loss or damage to laundry or dry cleaning shall be recommended on the basis of:

  1. wear remaining in the article;
  2. normal expected lifetime of the article; and
  3. the responsibility of the laundry and dry cleaning establishment with relation to the stability of the fabric used in the manufacture of the article.

Loss or Damage to Personal Property or Baggage

5.5 Compensation may be paid from public funds for loss or damage to personal property or baggage belonging to Crown servants and dependants, or any other person authorized to travel on military transportation facilities, if the loss or damage has occurred after acceptance by a Crown servant for shipment by military means. A request for compensation for such loss or damage should be submitted using form DAOD 7004-2B, Declaration of Loss or Damage to Personal Property or Baggage.

5.6 If a CAF member, because of location, arranges shipment of unaccompanied baggage directly with a commercial carrier, the Crown does not assume responsibility.

Losses Incurred Outside Canada

5.7 Claims made under section 25 (Emergency Evacuation and Loss) or section 26 (Compensation for Damage or Loss of Furniture and Effects) of CBI Chapter 10 (Military Foreign Service) shall be submitted to DCCL with the following:

  1. a copy of the emergency evacuation order, if applicable;
  2. the most recent CFIRP inventory;
  3. a statutory declaration setting out an itemized list of any other articles lost or damaged if purchased after the CFIRP inventory, including:
    1. month, year and place of purchase;
    2. purchase price;
    3. general condition of the article at time of loss or damage, e.g., poor, fair, good or excellent;
    4. the amount claimed with respect to each article; and
    5. the original receipts for the items claimed, if available; and
  4. any further information and material that may be relevant.

6. References

Acts, Regultions, Central Agency Policies and Policy DAOD

Other References

7. Form DAOD 7004-2A

 

Declaration of Loss or Damage to Laundry and Dry Cleaning

 Part 1 
(To be completed in three copies by claimant) 
1.__________________________________________________________________________________ (SN if applicable) (Rank if applicable) (Surname and initials) 
Unit _______________________________________________________________________________ ____________________________________________________________________________________ (Complete civilian address) (Complete telephone number) 
Dry cleaning was damaged or lost on _______________________________________________ (Date)
 by _________________________________________________________________________________ (Indicate laundry and/or dry cleaning establishment)
 
2. Provide the following information in the applicable column. Attach additional pages as required:
1 2 3 4 5 6
Description
of Articles
Comprising
Claim Including
Percentage
of Wear
Remaining
(Attach receipt
if available)		 From Whom
and Where
Purchased		 Date of Purchase Original Cost Damages
Amount
Claimed		 Recommendation
by Supply Officer
or Officer
in Charge of
Service
Laundry

 

 

 

 

 

          

 

 

 

 

 

          

 

 

 

 

 

 

          

 

 

 

 

 

           
3. I certify that the articles listed were delivered to the Service laundry and/or dry cleaning establishment at ___________________ on________________, (Date) that they were 
not returned to me and are presumed lost or returned to me in a damaged condition, and that the articles are not obtainable through the normal service supply channels. (amend as applicable)
4. I certify that I have not been paid for my loss or damage by any other source. I declare the 
information provided above is true to the best of my knowledge. 
_____________________(Date) 
_______________________________________________  (Signature of claimant) 
 
PART 2 
(To be completed by Supply Officer or Officer in Charge of Service Laundry) 
 
5. I certify that a thorough investigation has been made (investigation report attached) 
and that the articles listed have not been found or were damaged beyond repair by the Service laundry and/or dry 
cleaning establishment. I recommend reimbursement in the amounts shown in column 6 at paragraph 2 
above. 
_____________________ (Date)   ________________________________________________  (Supply Officer or officer in charge of Service laundry) DISTRIBUTION Original Nearest JAG representative or DCCL or NDHQ Copy Claimant Copy Supply Officer or Officer in Charge of Service Laundry

 

Form DAOD 7004-2B

8. Form DAOD 7004-2B

Declaration of Loss or Damage to Personal Property or Baggage

 Part 1 
(To be completed in three copies by claimant) 
1. _________________________________________________________________________________ (SN if applicable) (Rank if applicable) (Surname and initials) 
Unit _______________________________________________________________________________ ____________________________________________________________________________________ 
(Complete civilian address) (Complete telephone number) 
Baggage damaged or lost when moved from ___________________(Unit) on ____________________ (Date) 
by _________________________________________________________________________________ (Indicate carrier) 
2. Complete the following where applicable:
 a. Was the crate, box, luggage, etc., damaged externally?
 ____________________________________________________________________________________ 
b. Were contents damaged?
 ____________________________________________________________________________________ 
 ___________________________________________________________________________________ 
c. Describe how the damaged contents were packed and by whom.
 ____________________________________________________________________________________ 
 ____________________________________________________________________________________ 
d. In the case of lost baggage, state the Tag Number or Transportation Control Number and/or other 
identification marking _________________________________________ 
3. If personal effects were damaged or baggage was lost or damaged, provide the following information:
Description of Articles Comprising Claim From Whom and Where Purchased Purchase Cost Cost of Loss and/or Damage, Breakage, Chipping; etc Value at Time of Loss Amount Claimed

 

 

 

 

 

          

 

 

 

 

 

 

          

 

 

 

 

 

 

           
 4. I certify that I have not been paid for my loss or the damage by any other source. I declare the 
 information provided above is true to the best of my knowledge. 
 __________________________(Date) ____________________________________  (Signature of claimant) 
Part 2 
(To be completed by Commanding Officer AMU or Base/Station Traffic Officer) 
5. I certify that the damage was inspected and is correctly described above. 
AND/OR 
6. a. Tracing action taken for lost baggage:
____________________________________________________________________________________ 
____________________________________________________________________________________ 
____________________________________________________________________________________ 
   b. Results of tracing action: 
____________________________________________________________________________________ 
____________________________________________________________________________________ 
____________________________________________________________________________________ 
_________________________ (Date)________________________________________________________  (Commanding Officer AMU or Base/Station Traffic Officer) (As appropriate) 
DISTRIBUTION Original Nearest JAG representative or DCCL 
Copy Claimant 
Copy CO AMU or Base/Station Traffic Officer

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