DOAD 7004-2, Compensation for Loss or Damage to Personal Property
Table of Contents
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).
- CFAO 59-3, Claims By or Against the Crown
- CFAO 59-4, Compensation for Loss of or Damage to Personal Baggage Accepted for Shipment
- CFAO 205-5, Military Foreign Service Regulations, Part 10, Compensation for Damage or Loss of Furniture and Effects, Section 5, Claims Procedures for Damage or Loss of F&E
- CFAO 210-25, Compensation for Loss of or Damage to Personal Property Caused by Service Laundries and Dry Cleaning Establishments
- CFAO 210-27, Compensation for Loss of or Damage to Personal Property
- CPAO 3.15, Recovery for Loss of or Damage to Public Property
- CPAO 3.16, Policy on Claims and Ex gratia Payments for Damage to Servants Effects
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).
basic clothing (habillement de base)
Basic clothing means military items of clothing for which replacement is provided from clothing upkeep allowance.
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:
- under section 11 of the Canadian Human Rights Act (Equal Wages);
- from a contract dispute;
- for loss and recovery of money;
- for damage or loss to Crown servants' effects during travel or relocation that may be claimed under the public service or CF integrated relocation programs; and
- related to bodily injury while on duty.
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.
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.
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:
- 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;
- cash, jewellery, fur coats, precious metals, gem stones, or coin, stamp or gun collections, except under exceptional circumstances; or
- items covered by private insurance.
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.
4.1 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:
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:
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.
The CO or department manager to whom a claim has been forwarded shall:
The nearest regional JAG representative or DCCL reviews the claim to assess the amount of compensation payable, and actions payment as appropriate.
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.
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:
- wear remaining in the article;
- normal expected lifetime of the article; and
- 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:
- a copy of the emergency evacuation order, if applicable;
- the most recent CFIRP inventory;
- a statutory declaration setting out an itemized list of any other articles lost or damaged if purchased after the CFIRP inventory, including:
- 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
- the original receipts for the items claimed, if available; and
- any further information and material that may be relevant.
Acts, Regultions, Central Agency Policies and Policy DAOD
- Policy on Claims and Ex gratia Payments, Treasury Board of Canada Secretariat
- Order in Council PC 1955-16/1033, 7 July 1955
- CBI Chapter 10 (Military Foreign Service)
- Section 1 (Compensation for Loss of or Damage to Personal Property) of CBI Chapter 210 (Miscellaneous Entitlements and Grants)
- DAOD 7004-0, Claims By or Against the Crown and Ex gratia Payments
- Canadian Human Rights Act (Equal Wages)
- DAOD 7000-1, Completion of Affidavits and Statutory Declarations
- DAOD 7004-1, Claims and Ex gratia Procedures
- Form DAOD 7004-2A, Declaration of Loss or Damage to Laundry and Dry Cleaning
- Form DAOD 7004-2B, Declaration of Loss or Damage to Personal Property or Baggage
- A-LM-007-014-AG-001, Canadian Forces Supply Manual
Declaration of Loss or Damage to Laundry and Dry Cleaning
(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:
|Date of Purchase||Original Cost||Damages
by Supply Officer
in Charge of
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.
_______________________________________________ (Signature of claimant)
(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
_____________________ (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
Declaration of Loss or Damage to Personal Property or Baggage
(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)
(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.
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 CO AMU or Base/Station Traffic Officer
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