ARCHIVED - QR&O: Volume III - Chapter 204 Financial Benefits and Pay of Military Judges (Historical Version: 25 March 2010 to 31 October 2010)

Amendment List:

• 25 March 2010 Replaced Article: 204.22
• 1 November 2009 Replaced Article: 204.22

History:

• Historical version for the period 1 November 2009 to 24 March 2010.
• Historical version for the period 1 December 2004 to 31 October 2009.

The Volume III Chapter 204: Financial Benefits and Pay of Military Judges replaces this content.

Section 1 - Administration

(204.01 TO 204.02: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

204.03 - APPLICATION

This chapter applies to military judges who are appointed under section 165.21 of the National Defence Act.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

(204.04 TO 204.06 INCLUSIVE: NOT ALLOCATED)

(204.07 TO 204.09: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

204.10 - COMMENCEMENT OF PAY

(1) The entitlement of a military judge to pay under this chapter commences on the effective date of their appointment as a military judge.

(2) Subject to the QR&O, if the rate of pay of a military judge is altered du to a change in the qualifying conditions, payment at the new rate shall commence on the day notified as the effective date of the change. (see article 204.16 - Authority to Adjust Pay Accounts)

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.11 - CESSATION OF PAY

Subject to the QR&O, the entitlement to pay as a military judge ceases at the end of the day on which the judge ceases to hold office.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.12 - PAY - LEAVE WITHOUT PAY AND ALLOWANCES

Despite articles 204.10 (Commencement of Pay) and 204.11 (Cessation of Pay), when a military judge has been granted leave without pay and allowances, the judge has no entitlement to pay during the period of leave.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.13 - ISSUE OF PAY

(1) Subject to paragraphs (2), (3) and (6), pay shall be issued in arrears to a military judge. Payment shall be made on the fifteenth and last days of each month, except that when the fifteenth or the last day of the month is not a full banking day, pay may be issued on the next preceding full banking day.

(2) When a military judge proceeds on long leave, posting or temporary duty, they may be paid

1. earned pay up to and including the commencement date of the long leave or temporary duty or the effective date of the posting; and
2. pay in advance, not exceeding one month, for the period of the long leave or temporary duty or the period after the effective date of the posting.

(3) A military judge who is not proceeding on long leave, posting or temporary duty may, in exceptional circumstances and with the prior approval of the Chief Military Judge, be paid the earned pay at a time other than the time described in paragraph (1).

(4) The accumulation of credit balances in pay accounts shall not be permitted.

(5) The pay shall be deposited to the credit of the military judge in a chartered bank, trust company, credit union or other financial institution, unless this is impractical or unless the judge requests otherwise in writing.

(6)

1. A military judge who is granted compassionate leave under article 16.17 (Compassionate Leave), but is not authorized transportation at public expense under CBI 209.51 (Compassionate Travel Assistance), may, with the approval of the Chief Military Judge, be paid an advance of unearned pay in an amount not exceeding the cost of transportation to and return from the place to which the judge is authorized to proceed on leave.
2. An advance paid to a military judge under subparagraph (a) shall be charged to the judge's account and shall, subject to subparagraph (c), be recovered in equal monthly instalments over a period not exceeding six months.
3. In exceptional circumstances, the Chief Military Judge may extend the period of recovery described in subparagraph (b).

(7) If a military judge is serving outside Canada, pay shall be issued to the judge in the currency prescribed by the Minister and concurred in by the Minister of Finance.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.14 - OVERPAYMENTS

(1) It is the duty of a military judge to be acquainted with the rates of pay to which they may be entitled and the conditions governing the issue of pay.

(2) If a military judge accepts a payment in excess of the entitlement du, they shall report and refund the overpayment to the accounting officer of the base or other unit or element where they are present.

(3) Refund of the overpayment shall normally be made by a military judge in either one lump sum or by monthly deductions in the pay account in amounts not less than the monthly rate at which the overpayment was made. In exceptional circumstances, the Chief Military Judge may extend the period of recovery and authorize a lower rate of repayment.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.15 - PAYMENTS ON BEHALF OF MILITARY JUDGES MENTALLY OR PHYSICALLY INCAPACITATED

(1) Subject to paragraph (2), if a military judge who is married or in a common-law partnership, or is single and has a dependent child as defined in CBI 205.015 (Interpretation), is certified by a service medical officer or a medical officer of the Department of Veterans Affairs to be mentally or physically incapacitated, the Chief Military Judge may authorize a monthly payment equal to twenty days pay at the rate prescribed for a judge to the

1. spouse or common-law partner; or
2. person or persons undertaking the care of the dependent child or children.

(2) The amount of the payment under paragraph (1) shall be reduced by the amount of any pay allotment made or available to the spouse or common-law partner or the person or persons undertaking the care of the dependent child or children.

(3) If a military judge is certified by a service medical officer of the Department of Veterans Affairs to be mentally or physically incapacitated and the judge is confined to a hospital or other institution, any charge for comforts supplied to the judge from canteens operated by the hospital or institution shall be paid on the judge's behalf.

(4) The Chief Military Judge may authorize payment of any credit balance remaining in the pay account of a mentally or physically incapacitated military judge to the person who, by the law of the province of Canada where the judge is residing during the period of incapacity, is entitled to receive moneys on behalf of the judge.

(5) Payments under this article shall be charged to the pay account of the military judge concerned but, subject to paragraph (4), may be made only in respect of the period during which the judge is certified to be mentally or physically incapacitated.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.16 - AUTHORITY TO ADJUST PAY ACCOUNTS

The pay account of a military judge shall be adjusted to reflect the commencement and cessation of, or changes in, entitlements to pay in accordance with the form of notification of casualties that is established by the Chief of the Defence Staff.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.17 - MILITARY JUDGE DECEASED OR PRESUMED DEAD

(1) Subject to paragraph (3), if it is determined or presumed that a military judge has died after the judge has been officially reported missing, a prisoner of war or interned or detained by a foreign power, pay in issue shall be credited to the judge's pay account to the end of the month in which

1. notification is received by National Defence Headquarters that a death certificate has been issued by a civil authority; or
2. a certificate of death or presumption of death is issued by service authorities.

(2) Subject to paragraph (1), when a military judge dies, pay in issue shall be credited to the judge's account to the end of the month in which the death occurs.

(3) Any final credit balance in the pay account of the military judge arising from the credit of pay, whether the amount or any portion is in respect of a period after the end of the month of death or presumed death, accrues to the judge's service estate. (see article 25.01 - General)

(4) When a military judge who was officially reported dead or presumed dead is later found to be alive, the judge's account shall be adjusted as though they had not been so reported. (see article 204.19 - Military Judges Reported Missing, Prisoners of War or Interned or Detained by a Foreign Power)

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.18 - PAY - ATTACHMENT OR SECONDMENT OUTSIDE THE CANADIAN FORCES

(1) A military judge who is attached or seconded to another force, department or organization is entitled to pay for the period of attachment or secondment, unless the judge is authorized by the Chief Military Judge to receive pay from the other force, department or organization during the period of attachment or secondment.

(2) Pay for a period of secondment shall be recovered, at the rates determined by the Minister, from the force, department or organization to which the military judge is seconded.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

204.19 - MILITARY JUDGES REPORTED MISSING, PRISONERS OF WAR OR INTERNED OR DETAINED BY A FOREIGN POWER

(1) This article applies to a military judge who is officially reported missing, a prisoner of war or interned or detained by a foreign power.

(2) Pay in issue to a military judge who is reported missing ceases at the end of the day on which they are so reported, but if they are later found to be alive, pay in respect of the period that they were missing shall be credited as described in paragraph (3).

(3) The pay account of a military judge shall be credited with pay in respect of the period that they were missing, a prisoner of war or interned or detained by a foreign power to the end of the month in which the official report is made.

(4) Pay credited to the pay account of a military judge in accordance with this article may be disbursed

1. by pay allotments instituted or adjusted under article 207.05 (Pay Allotments - Personnel Reported Missing, Prisoners of War or Interned or Detained by a Foreign Power);
2. on the authority of the Chief Military Judge, by payment of the total pay accruing for the complete month in which the official report is made to the judge's spouse or common-law partner or the person or persons undertaking the care of the dependant child or children.

(5) In exceptional circumstances, the Chief Military Judge may authorize payments from the credit balance in the pay account of the military judge:

1. to the spouse or common-law partner; or
2. the person or persons undertaking the care of the judge's dependent child or children.

(6) Interest on any accumulated balance in the pay account of a military judge who was reported missing and who is later found to be alive, or of a judge who becomes a prisoner of war or is interned or detained by a foreign power, may be allowed at the rates and on the basis determined by the President of the Treasury Board.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

(204.20 TO 204.216: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.217: REPEALED 1 SEPTEMBER 1989)

(204.218: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

204.22 - PAY - MILITARY JUDGES

(1) Military judges holding office during the period beginning on September 1, 2007 and ending on March 31, 2008 shall be paid the following lump sum of pay:

1. in the case of the Chief Military Judge …..$3,364
2. in the case of other military judges ……....$3,266.

(2) Military judges holding office during the period beginning on April 1, 2008 and ending on March 31, 2009 shall be paid the following lump sum of pay:

1. in the case of the Chief Military Judge ….$12,102
2. in the case of other military judges ……..$11,749.

(3) Military judges holding office during the period beginning on April 1, 2009 and ending on October 31, 2009 shall be paid the following lump sum of pay:

1. in the case of the Chief Military Judge ….$10,397
2. in the case of other military judges …......$10,094.

(4) The annual rates of pay of military judges beginning on November 1, 2009, payable on a monthly basis, shall be as follows:

1. in the case of the Chief Military Judge ...$210,039
2. in the case of other military judges …....$203,922.

(5) A military judge authorized by the Chief Military Judge under section 165.26 of the National Defence Act to perform the duties and functions of the Chief Military Judge shall be paid at the annual rate of pay of the Chief Military Judge if

1. the Chief Military Judge who authorized the military judge to perform the duties and functions has ceased to hold office; and
2. the office of the Chief Military Judge remains vacant.

(T) [T.B. 835260 effective 1 October 2009; T.B. 835510 effective 25 March 2010 – 204.22(4)]

204.225 - SEVERANCE PAY

(1) For greater certainty, this section does not apply to officers and non-commissioned members who are entitled to severance pay under CBI 204.40 (Severance Pay).

(1.1) The definitions in this paragraph apply in this article.

" continuous service" (service continu)

means the current period of uninterrupted full-time paid service of an officer or non-commissioned member in the Canadian Forces up to and including the day on which they are released, but does not include any part of that service in respect of which they have already taken rehabilitation leave.

" release" (libération)

includes transfer from the Regular Force to the Reserve Force.

(1.2) In this article, any interruption in full-time paid service attributable to

1. the release of an officer or non-commissioned member from the Canadian Forces for the purpose of reenrolling therein, including release from a former Service for the purpose of enrolling in another former Service,
2. a period of leave without pay granted under article 16.25 (Leave Without Pay and Allowances), 16.26 (Maternity Leave) or 16.27 (Parental Leave),
3. a period of limitation of payments described in article 203.20 (Officers - Regular Force - Limitation of Payments),
4. a period when no military service is rendered and for which a forfeiture has been imposed under article 208.31(Forfeitures, Deductions and Cancellations - When No Service Rendered), or
5. a period of absence without leave, desertion, imprisonment, detention or civil custody or hospitalization awaiting trial by a service tribunal or civil tribunal, for which a forfeiture has been imposed under article 208.30 (Forfeitures - Officers and Non-commissioned Members),

is deemed not to be an interruption in continuous service, but any such period of leave without pay, limitation of payments, no military service rendered, absence without leave, desertion, imprisonment, detention, civil custody or hospitalization awaiting trial by a service tribunal or civil tribunal shall not be included in the computation of continuous service.

(1.3) Despite paragraph (1.2), a period of leave without pay granted under article 16.26 or 16.27 shall be included in the number of full years of continuous service for the purpose of paragraph (2).

(2) Severance pay shall be calculated in accordance with the following formula:

Severance pay = monthly rate of pay on date of release divided by 30 multiplied by 7 multiplied by number of full years of continuous service not exceeding 30 years

(3) Subject to paragraph (4), an officer or non-commissioned member who is released from the Regular Force under

1. Item 3(a), 3(b), 4(a), 4(b), 5(a), 5(b), 5(c), 5(d) or 5(e) of the table to article 15.01 (Release of Officers and Non-commissioned Members) is entitled to severance pay in the amount calculated under paragraph (2);
2. Item 4(c) of the table to article 15.01, after having completed 10 or more years of continuous service, is entitled to severance pay in one-half of the amount calculated under paragraph (2);
3. Item 5(f) of the table to article 15.01, after having completed
   1. ten years but less than 20 years of continuous service, is entitled to severance pay in one-half of the amount calculated under paragraph (2), or
   2. 20 or more years of continuous service, is entitled to severance pay in the amount calculated under paragraph (2).

(4) An officer or non-commissioned member whose period of continuous service commenced on or before 31March1972 is not entitled to severance pay if they

1. subject to paragraph (5), elect within the time and in the manner determined by the Chief of the Defence Staff to receive rehabilitation leave under article 16.19 (Rehabilitation Leave); or
2. commenced rehabilitation leave on or before 31March1972, unless they are recalled from that leave to serve on full-time duty in the Regular Force.

(5) An election made by an officer or non-commissioned member under paragraph (4) is deemed to be revoked if they are recalled from rehabilitation leave to serve on full-time duty in the Regular Force.

(6) When an officer or non-commissioned member dies while serving in the Regular Force, severance pay shall, unless at the time of death they are on rehabilitation leave, be paid to their service estate in the amount calculated under paragraph (2).

(7) Any period of service in respect of which a retirement gratuity has been paid under CBI 204.54 (Reserve Force Retirement Gratuity) shall not be included as continuous service for the purpose of the calculation of severance pay under paragraph (2).

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

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Section 2 - Military Judges Compensation Committee

204.23 - ESTABLISHMENT OF MILITARY JUDGES COMPENSATION COMMITTEE

(1) The Military Judges Compensation Committee is hereby established to inquire into the adequacy of the remuneration of military judges.

(2) The Committee consists of three part-time members appointed by the Governor in Council as follows:

1. one person nominated by the military judges;
2. one person nominated by the Minister; and
3. one person, who shall act as chairperson, nominated by the members who are nominated under subparagraphs (a) and (b).

(3) Each member holds office during good behaviour for a term of four years, and may be removed for cause at any time by the Governor in Council.

(4) In the event of the absence or incapacity of a member, the Governor in Council may appoint as a substitute temporary member a person nominated in accordance with paragraph (2) to hold office during the absence or incapacity.

(5) If the office of a member becomes vacant during the term of the member, the Governor in Council shall appoint a person nominated in accordance with paragraph (2) to hold office for the remainder of the term.

(6) A member is eligible to be re-appointed for one further term if re-nominated in accordance with paragraph (2).

(7) A quorum of the Committee consists of all three members.

(8) The members of the Committee and persons carrying out duties under paragraph (3) of article 204.25 (Other Inquiries) shall be paid:

1. the remuneration fixed by the Governor in Council; and
2. travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence, in accordance with the Travel Directive issued by the Treasury Board, as amended from time to time.

(G) (P.C. 2000-1419 of 13 September 2000)

204.24 - QUADRENNIAL INQUIRY

(1) The Military Judges Compensation Committee shall commence an inquiry on September1,1999, and on every September1 of every fourth year after 1999, and shall submit a report containing its recommendations to the Minister within nine months after the date of commencement. (13 September 2000)

(2) The Committee may, with the consent of the Minister and the military judges, postpone the date of commencement of a quadrennial inquiry.

(3) In conducting its inquiry, the Committee shall consider:

1. the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government;
2. the role of financial security of military judges in ensuring judicial independence;
3. the need to attract outstanding officers as military judges; and
4. any other objective criteria that the Committee considers relevant.

(G) (P.C. 2000-1419 of 13 September 2000)

204.25 - OTHER INQUIRIES

(1) The Minister may at any time refer to the Military Judges Compensation Committee for its inquiry a matter concerning the remuneration of military judges.

(2) The Committee shall submit to the Minister a report containing its recommendations within a period fixed by the Minister after consultation with the Committee.

(3) Where the term of a member ends, other than in the case of removal for cause, the member may carry out and complete duties of the members in respect of a matter that was referred to the Committee under paragraph (1) while he or she was a member.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

204.26 - EXTENSIONS

The Governor in Council may, on the request of the Military Judges Compensation Committee, extend the time for submission of a report under article 204.24 (Quadrennial Inquiry) or 204.25 (Other Inquiries).

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

204.27 - DUTIES OF MINISTER

(1) Within 30 days after receiving a report under article 204.24 (Quadrennial Inquiry) or 204.25 (Other Inquiries), the Minister shall make the report available to the public in any manner the Minister considers appropriate to facilitate public access to the report, and shall advise the public that the report is available.

(2) The Minister shall respond to a report within six months after receiving it.

(G) (P.C. 1999-1305 of 8 July 1999 effective 1 September 1999)

(204.28 AND 204.29 INCLUSIVE: NOT ALLOCATED)

(SECTION 3: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.30: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.31 TO 204.39 INCLUSIVE: NOT ALLOCATED)

(SECTION 4: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.40: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.41 TO 204.49 INCLUSIVE: NOT ALLOCATED)

(SECTION 5: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.50 TO 204.53: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(SECTION 6: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.54: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(SECTION 7: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.55: REPEALED BY T.B. 829184 OF 28 AUGUST 2001 EFFECTIVE 1 SEPTEMBER 2001)

(204.56 TO 204.99 INCLUSIVE: NOT ALLOCATED)