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DAOD 7011-1, Responsibilities for Service Estates and Personal Belongings

Table of Contents

  1. Introduction
  2. Definitions
  3. Responsibilities on the Death of a CAF Member
  4. Responsibilities when a CAF Member is Reported Missing
  5. Responsibilities when a CAF Member is Released with Unsound Mind
  6. Committee of Adjustment
  7. References

1. Introduction

Date of Issue: 2007-11-21

Date of Last Modification: 2014-09-05

Application: This DAOD is an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Supersession: CFAO 25-1, Service Estates and Personal Belongings

Approval Authority: Judge Advocate General (JAG)

Enquiries: JAG/Director of Estates or the nearest JAG representative

2. Definitions

personal belongings (effets personnels)

Has the same meaning as prescribed in QR&O article 25.16, Committee of Adjustments to Deal with Personal Belongings.

service estate (succession militaire)

Has the same meaning as prescribed in subsection 42(2) of the National Defence Act.

Note - Refer carefully to these definitions when reading this DAOD.

3. Responsibilities on the Death of a CAF Member

Commanding Officer

3.1 When a CAF member dies, the commanding officer (CO) shall:

  1. take immediate action as required to ensure that all personal or movable property forming part of the service estate that is found on the deceased's person or in quarters or otherwise in the care or custody of the CAF is collected and safeguarded;
  2. not take the above action in respect of any personal or movable property located in family living accommodation or already in the care or custody of the next of kin (NOK), executor or liquidator of the succession unless, in the opinion of the Director of Estates at National Defence Headquarters (NDHQ), the circumstances make such action necessary for its safekeeping;
  3. appoint a Committee of Adjustment (COA) within 48 hours of the death;
  4. ensure that the Records Support Unit (URS) promptly forwards to the Director of Estates, any will or will certificate held in custody for the deceased or, if no will or will certificate is held, a statement to that effect;
  5. advise the Director of Estates of the name and telephone number of the assisting officer designated to assist the next of kin (NOK), executor or liquidator of the succession; and
  6. report any deviation from this DAOD promptly to the Director of Estates.

3.2 The executor or liquidator of the succession named in a will is, subject to provincial law, entitled to the custody of the remains. The executor or liquidator of the succession is not necessarily the deceased's NOK. For the meaning of NOK, see the Context block in DAOD 7011-0, Service Estates and Personal Belongings.

3.3 CBI 210.20, Funeral and Burial, sets out funeral-related entitlements in respect of a deceased CAF member.

Director Casualty Support Management 2

3.4 On receipt of a report of the death of a CAF member, NDHQ/Director Casualty Support Management (DCSM) 2 shall forward a casualty notification to the Director of Estates containing the following information:

  1. service number (SN), rank, full name and unit of the deceased CAF member;
  2. the CF component in which the CAF member was serving;
  3. date of birth;
  4. marital status;
  5. NOK (primary and secondary), including complete residential address;
  6. date of enrolment; and
  7. place, date and cause of death.

COA

3.5 The COA shall take appropriate action as set out in the Committee of Adjustment map.

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4. Responsibilities when a CAF Member is Reported Missing

CO

4.1 If a CAF member is reported missing, the CO shall:

  1. take immediate action as required to ensure that all personal belongings of the CAF member found in quarters or otherwise in the care or custody of the CAF are collected and safeguarded;
  2. not take the above action in respect of any personal belongings located in family living accommodation or already in the care or custody of the NOK unless, in the opinion of the Director of Estates, the circumstances make such action necessary for their safekeeping;
  3. appoint a COA immediately after a CAF member has been missing for 15 days; and
  4. ensure that the URS forwards promptly to the Director of Estates any will or will certificate held in custody for the CAF member or, if no will or will certificate is held, a statement to that effect.

DCSM 2

4.2 On receipt of a report that a CAF member is missing, DCSM 2 shall forward a casualty notification to the Director of Estates. The casualty notification shall contain information regarding the CAF member's disappearance and other applicable information as set out in the Director Casualty Support Administration 2 block in the Responsibilities on the Death of a CF Member map.

COA

4.3 The COA shall take appropriate action as set out in the Committee of Adjustment map.

5. Responsibilities when a CF Member is Released with Unsound Mind

CO

5.1 If a CAF member is released with unsound mind, the CO shall:

  1. take immediate action as required to ensure that all personal belongings of the CAF member found in quarters or otherwise in the care or custody of the CAF are collected and safeguarded;
  2. not take the above action in respect of any personal belongings located in family living accommodation or already in the care or custody of the NOK unless, in the opinion of the Director of Estates, the circumstances make such action necessary for their safekeeping; and
  3. appoint a COA within 48 hours of the CAF member being released.

COA

5.2 The COA shall take appropriate action as set out in the Committee of Adjustment map.

6. Committee of Adjustment

Composition

6.1 A COA shall consist of an officer as president and two other CAF members who should normally be officers. The president should normally be of the rank of major or above and shall not be below the rank of captain.

6.2 If there is a shortage of qualified personnel to be appointed to a COA, the CO shall:

  1. request direction from higher authority who may make other officers available; or
  2. with the concurrence of the Director of Estates, direct that the COA be constituted with less than three CAF members.

6.3 The COA should include an accounting officer and may include as members, other than the president, non-commissioned members of the rank of warrant officer or above if sufficient officers are not available.

6.4 The COA shall consist of only the CO if:

  1. the CAF member died on retirement leave;
  2. a clearance certificate was issued;
  3. the CAF member's pay account is free of preferential charges; and
  4. the CAF member left no personal or movable property at the unit.

6.5 The CO shall sign and forward to the Director of Estates a statement identifying these circumstances.

Responsibilities

6.6 Immediately upon being appointed, the president of the COA shall assemble the committee. The COA shall:

  1. familiarize itself with QR&O Chapter 25, Service Estates and Personal Belongings and this DAOD;
  2. collect and safeguard:
    1. in the case of a deceased CAF member, all cash, public clothing, material and other personal or movable property forming part of the service estate in the possession of the deceased, i.e. found on the CAF member's person, in quarters or otherwise in the care or custody of the CAF; and
    2. in the case of a CAF member reported missing or released with unsound mind, all personal belongings of the CAF member located in quarters or otherwise in the care or custody of the CAF;
  3. not take the above action in the case of the death in respect of any property located in family living accommodation or already in the care or custody of the NOK, executor or liquidator of the succession, unless, in the opinion of the Director of Estates, the circumstances make such action necessary for its safekeeping; and
  4. carry out its duties promptly.

COA Action

6.7 COA action in respect of the parts of the service estate of a deceased CAF member or the personal belongings of a CAF member reported missing or released with unsound mind is as follows:

In respect of the CAF member's the COA shall …

cash

  • turn over to the accounting officer all cash found on the CAF member or in the personal or movable property or other personal belongings of the CAF member, and obtain an official receipt; and

  • include the receipt as an exhibit to the minutes of the COA (see the Minutes of Proceedings of the COA block).

public clothing, equipment and other materiel

  • return to the unit supply officer and obtain a receipt for all public clothing, equipment and other materiel, other than personal equipment that the CAF member is permitted under regulations to retain on release, that is found in the CAF member's possession or in the personal or movable property of the CAF member;

  • include the receipt as an exhibit to the minutes of the COA; and

  • request the handover of all public clothing, equipment or other materiel that is in the care or custody of the NOK or any other person.

claims and accountable advances

  • obtain the particulars of any outstanding accountable advance of public funds and of any travel, movement or general allowance claim that was not submitted for payment prior to the CAF member's death, the reporting of the CAF member as missing or the release of the CAF member with unsound mind;

  • complete the necessary claims from the information available and certify to that effect insofar as practicable;

  • pass these claims through normal channels for payment;

  • settle accountable advances as appropriate; and

  • include a copy of each claim or form DND 432, Accountable Advances of Public Funds as an exhibit to the minutes of the COA.

identification cards

  • forward identification cards to the military police or Deputy Provost Marshall Security.

identity discs

  • collect and safeguard identity discs along with other personal or moveable property or personal belongings in the care or custody of the CAF.

passports

  • forward passports to the Director of Estates.

other personal or movable property

  • collect, safeguard and inventory other personal or moveable property in the possession of the member, i.e., found in quarters or otherwise in the care or custody of the CAF, including any property found on the member in the case of death;

  • under special circumstances, and if the Director of Estates so authorizes, collect, safeguard and inventory other personal or movable property;

  • mark the inventory of the property as Exhibit A to the minutes of the COA;

  • request disposal instructions from the Director of Estates; and

  • if it is not practicable to safeguard the property at the unit:

    • collect and inventory the property;

    • notify the Director of Estates; and

    • request direction.

preferential charges

  • obtain the particulars of all preferential charges and list them in the minutes of the COA.

will

  • unless advised that DAOD Form 7012-1A, Will, accompanied by DAOD Form 7012-1B, Affidavit of Execution of Will, a will certificate, a civilian will or statement of location of a will, is in the possession of or will be obtained by the URS, or that no will was made by the CAF member:

    • search for a will, will certificate, or a statement of location of a will in any reasonable location except a place under the control of the NOK;

    • notify the Director of Estates of the results of the search; and

    • if a will, will certificate or statement of location of a will is located, forward it immediately by the most economical track and trace method under cover of form DND 728, Document Transit and Receipt, in the case of a deceased CAF member or a CAF member reported missing, to the Director of Estates, and in the case of a CAF member released with unsound mind, to Director Military Careers Administration (DMCA) 4.

expenses for last illness and funeral

  • obtain two itemized copies of any accounts incurred in respect of the last illness or for funeral expenses of the CAF member; and

  • pass the copies to the appropriate accounting officer.

Note - The accounts for last illness and funeral shall not be included in the minutes of the COA and completion of the minutes shall not be delayed pending their receipt.

Claims Against the Service Estate or the CF Member

6.8 The COA shall:

  1. advise any civilian creditor who makes a claim against the service estate or the CAF member to write to the Director of Estates;
  2. not report any claim against the service estate or the CAF member in the minutes of proceedings of the COA; and
  3. take no action to liquidate a charge out of the assets of the service estate.

Clearance Certificate

6.9 Following completion of the above actions, the COA shall:

  1. have the appropriate clearance certificate completed for the CAF member;
  2. pass it to the appropriate accounting officer; and
  3. include a copy of the clearance certificate as an exhibit to the minutes of the COA.

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Minutes of Proceedings of COA

6.10 Following completion of the clearance certificate, the COA shall:

  1. prepare in duplicate and sign the minutes of the proceedings in DAOD Form 7011-1A, Minutes of Proceedings of Committee of Adjustment;
  2. forward the original of the minutes together with exhibits to the Director of Estates;
  3. retain the duplicate, together with exhibits on the unit file; and
  4. in the case of a CAF member released with unsound mind, forward two copies of the proceedings to DMCA 4.

6.11 If the minutes are not completed and forwarded within 14 days after the death of the CAF member, the reporting of the CAF member as missing or the release of the CAF member with unsound mind, the COA shall inform the Director of Estates, stating the reason for the delay and the expected date that the minutes will be forwarded.

Disposal of Property

6.12 After forwarding the minutes of proceedings to the Director of Estates, the COA shall:

Step Action

1

Retain the personal or movable property forming part of the service estate in relation to a deceased person, or the personal belongings of a CAF member reported missing, in safe custody at the unit until the Director of Estates issues disposal instructions.

In the case of a CAF member released with unsound mind, forward the CAF member's personal belongings to the NOK identified on Form CF 742, Personal Emergency Notification. If the NOK is unknown or cannot be located, contact DCSA who shall liaise with Veterans Affairs Canada as required to determine the disposition of the personal belongings.

2

Ensure that property is properly prepared for shipment, in particular, that:

  • fragile items are packed carefully;

  • perishable items and those which might damage other contents are not enclosed;

  • soiled or stained clothing is laundered or dry cleaned at public expense;

  • packing cases are marked with the CAF member's SN and name; and

  • inventory is checked against the contents of the packing cases.

3

Dispose of the property as instructed by the Director of Estates by:

  • shipping separately by the most economical track and trace method available:

    • all jewellery;

    • valuable papers; and

    • other small articles of intrinsic or sentimental value; and

  • forwarding the remainder by express prepaid.

4

Forward a letter separately to the person to whom the property is to be shipped:

  • advising of the date and method of shipment;

  • enclosing two copies of the inventory, one copy of which shall have typed at the bottom:

    "Received by ......................

    Date..................................."; and

  • requesting that person to sign, date and forward the receipted copy of the inventory to the Director of Estates, in a pre-addressed envelope prepared by the COA, at the following address as soon as the shipment has been received and checked:

    JAG/Director of Estates
    National Defence Headquarters
    Major-General George R. Pearkes Building
    101 Colonel By Drive
    Ottawa ON K1A 0K2.

5

Inform the Director of Estates when the shipment has been made, stating:

  • date of dispatch;

  • number of the bill of lading; and

  • registration number of any postal packet.

7. References

Acts, Regulations, Central Agency Policies and Policy DAOD

Other References

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