QR&O: Volume III - Chapter 209 Payment of Travel and Living Expenses and Relocation Expenses

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Amendment List:

• 1 April 2018 - amended: article 209.25
• 1 November 2014 - amended: note after article 209.03
• 15 September 2014 - replaced: heading of chapter 209
• 15 September 2014 - added: heading before article 209.01
• 15 September 2014 - amended article: 209.01
• 15 September 2014 - added: heading before article 209.20
• 15 September 2014 - new article: 209.20
• 15 September 2014 - new article: 209.21
• 15 September 2014 - new article: 209.22
• 15 September 2014 - new article: 209.23
• 15 September 2014 - new article: 209.24
• 15 September 2014 - new article: 209.25

History:

• ARCHIVED - Historical version for the period 1 November 2014 to 1 April 2018.
• ARCHIVED - Historical version for the period prior to 31 October 2014.

Section 1 – Travel and Living Expenses

209.01 – INTERPRETATION

(1) The following definitions apply in this section:

"military memorial service" (service commémoratif militaire)

means a ceremony held by or under the authority of the Chief of the Defence Staff to commemorate the death of an officer or non-commissioned member.

"military repatriation ceremony" (cérémonie de rapatriement militaire)

means a ceremony held in Canada by or under the authority of the Chief of the Defence Staff during which the remains of an officer or non-commissioned member arrive in Canada when the death occurred outside Canada.

(2) For the purpose of this section "travel and living expenses" are the following expenses that shall be paid or reimbursed out of public funds, at the same rates and under the same conditions as those established for a General Service Officer holding the rank of lieutenant-colonel travelling on temporary duty:

1. the actual and reasonable costs of transportation;
2. the actual and reasonable costs of accommodation;
3. a meal allowance; and
4. an incidental expense allowance.

(G) [P.C. 2012-0767 effective 7 June 2012; P.C. 2014-933 effective 15 September 2014 ]

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209.02 – ENTITLEMENTS – NEXT OF KIN

(1) The Chief of the Defence Staff shall authorize a military memorial service or a military repatriation ceremony if the Chief of the Defence Staff determines that it is in the best interests of the Canadian Forces.

(2) When an officer or non-commissioned member dies on service, next of kin who are eligible under paragraphs (7) to (9) are entitled to have their travel and living expenses paid or reimbursed if they

1. attend a military repatriation ceremony;
2. attend a military funeral for the officer or non-commissioned member in accordance with article 24.15;
3. attend an interment of the officer or non-commissioned member in accordance with article 24.17;
4. attend a military memorial service; or
5. subject to a direction made under article 21.12, attend meetings of a board of inquiry into the circumstances of the death.

(3) One or several entitled next of kin may be accompanied by a travel assistant who is entitled under paragraphs (8) and (9) to have their travel and living expenses paid or reimbursed and who

1. in the case of a next of kin who is a minor or who is an adult person who has been declared incompetent under provincial or territorial law, is the person authorized by law to act on behalf of the minor or the adult person or is a person designated by that person; or
2. in the case of a next of kin who needs assistance when travelling because of a physical condition, is an adult person designated by that next of kin.

(4) Entitlement to payment or reimbursement of travel and living expenses under subparagraph (2)(d) is limited to only one event. If there is more than one event under this subparagraph, the determination of which event gives rise to the entitlement shall be made by or under the authority of the Chief of the Defence Staff.

(5) Payment or reimbursement of the costs of return transportation from the entitled person's ordinary place of residence to any event referred to in subparagraphs (2)(a) to (d) shall not exceed the total of

1. the actual and reasonable expenses necessarily incurred for local ground transportation; and
2. the cost of economy airfare from Victoria, (British Columbia) to St. John's, (Newfoundland and Labrador).

(6) Return transportation from the entitled person's ordinary place of residence to the event referred to in subparagraph (2)(e) shall be arranged by or under the authority of the president of the board of inquiry.

(7) Entitlement of next of kin to payment or reimbursement of travel and living expenses is determined by the order of preference in which they were designated as next of kin, excluding any next of kin

1. who cannot be contacted within reasonable time;
2. who decline to have these expenses paid or reimbursed; or
3. who are unwilling or unable to attend the event.

(8) Subject to paragraph (9), the maximum number of next of kin and travel assistants who are entitled receive payment or reimbursement under this article is

1. for a military repatriation ceremony, 14;
2. for a military funeral, 14;
3. for an interment, 14;
4. for a military memorial service, 6; and
5. for meetings of a board of inquiry, 2.

(9) If the last next of kin on the list of next of kin entitled to receive payment or reimbursement of travel and living expenses needs a travel assistant, the maximum number referred to in paragraph (8) shall be increased by one.

(G) [P.C. 2012-0767 effective 7 June 2012]

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209.03 – ENTITLEMENTS – RECIPIENT OF AN HONOUR, AWARD OR MEMENTO

The following persons are entitled to have their travel and living expenses paid or reimbursed when attending a ceremony held by or under the authority of the Chief of the Defence Staff during which a recipient is presented with an honour, award or memento in respect of an officer or non-commissioned member who dies on service:

1. the recipient; and
2. a person selected by the recipient or by the person authorized by law to act on behalf of the recipient in the case of a recipient who is a minor or who is an adult person who has been declared incompetent under provincial or territorial law.

(G) [P.C. 2012-0767 effective 7 June 2012]

NOTE

This section regulates entitlements to the payment of travel and living expenses for attending events without restricting the right to attend events.

(C) [7 June 2012; 1 November 2014 - NOTE]

[209.04 to 209.19 inclusive: not allocated]

Section 2 – Relocation Expenses

209.20 – DEFINITIONS AND INTERPRETATION

(1) The following definitions apply in this section.

“child”, (enfant)

in respect of a person, includes a child adopted in fact by the person.

“dependant” (personne à charge)

has the same meaning as in article 209.21.

“eligible person” (personne admissible)

means

1. a former officer or non-commissioned member of the Regular Force who was released for any reason other than under Item 1 (Misconduct) of the table to article 15.01 (Release of Officers and Non-commissioned Members);
2. a dependant of a former officer or non-commissioned member referred to in subparagraph (a), if the officer or non-commissioned member is deceased;
3. the estate of a former officer or non-commissioned member referred to in subparagraph (a), if the officer or non-commissioned member is deceased;
4. a dependant of a deceased officer or non-commissioned member whose service was terminated by death and who, immediately before their death, was
   1. an officer or non-commissioned member of the Regular Force,
   2. an officer or non-commissioned member of the Reserve Force who was serving on Class “C” Reserve Service, or
   3. an officer or non-commissioned member of the Reserve Force who was serving on Class “B” Reserve Service and who was moved at public expense for the purpose of that Reserve Service; and
5. the estate of a deceased officer or non-commissioned member referred to in subparagraph (d).

“intended place of residence” (lieu de résidence projeté)

means the place at which one of the following persons intends to reside after the release of an officer or non-commissioned member:

1. the former officer or non-commissioned member;
2. a dependant of the officer or non-commissioned member, if the officer or non-commissioned member is deceased; or
3. a dependant of the former officer or non-commissioned member, if the former officer or non-commissioned member is deceased.

“local move” (déménagement local)

means a relocation of 40 kilometres or less, measured using the shortest normal route available to the public, from an eligible person’s current residence to their intended place of residence.

“spouse”, (conjoint)

in respect of a person, does not include a person who is living separate and apart from that person, within the meaning of the Divorce Act.

(2) For the purposes of this section, a relocation expense is incurred when the legal obligation to pay it arises.

(3) For the purposes of this section, a move is deemed to have commenced if an expense has been incurred, or a contractual commitment has been made, with respect to any relocation activity for which a benefit is payable to officers and non-commissioned members who are transferred from the Regular Force to the Reserve Force under article 10.04 (Voluntary Transfer to Reserve Force).

(G) [P.C. 2014-933 effective 15 September 2014]

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209.21 – DEPENDANT

(1) In this article, “former officer or non-commissioned member” includes a deceased former officer or non-commissioned member and a deceased officer or non-commissioned member.

(2) In this section, “dependant” means, in relation to an individual who is a former officer or non-commissioned member, a person who is related to the individual within the meaning of paragraph (3) and who

1. physically resides in the individual’s residence for more than 240 days during the 365 days immediately before the later of the day on which the individual commences their move and the day on which the individual is released or dies after release; or
2. does not meet the residency requirement in subparagraph (a) because
   1. they attend full-time a university, college, professional or vocational institution, or similar body,
   2. they married or became the common-law partner of the individual during the 240 days immediately before the later of the day on which the individual commences their move and the day on which the individual is released or dies after release, and physically reside in the individual’s residence after that day,
   3. they became a child of the individual during the 240 days immediately before the later of the day on which the individual commences their move and the day on which the individual is released or dies after release and, except in the case of the individual’s death after release, physically reside in the individual’s residence after that day, or
   4. in the case of the spouse or the common-law partner of the individual, they are or were a member of the Regular Force or the Reserve Force and reside elsewhere for service reasons.

(3) For the purpose of paragraph (2) a person is related to an individual who is a former officer or non-commissioned member if

1. the person is the individual’s common-law partner or spouse;
2. the person is a child of the individual, their spouse or their common-law partner;
3. in the case of a person who is a minor or who is an adult who has been declared incompetent under provincial or territorial law, the individual, their spouse or their common-law partner is the person authorized by law to act on behalf of that person; or
4. the person is a person in respect of whom the individual may claim a tax credit under the Income Tax Act or would be able to claim such a credit except for the fact that the person’s income exceeds the applicable income limit specified under that Act for that tax credit.

(4) For the purpose of paragraph (2), if an individual who is a former officer or non-commissioned member has a child who is a minor and is the subject of a custody order or an enforceable custody agreement between the individual and another person, the child is deemed to physically reside in the individual’s residence for the greater of

1. the number of days in a year that the order or agreement specifies the individual’s residence to be the child’s primary residence; and
2. number of days in a year that the order or agreement specifies that individual has access to but not custody of the child.

(G) [P.C. 2014-933 effective 15 September 2014]

209.22 — ENTITLEMENT

An eligible person is entitled to a payment — in the manner and amount established by the Treasury Board under article 209.23 (Manner and Amount) — out of public funds for their relocation expenses incurred

1. in respect of a move out of the residence of a deceased officer or non-commissioned member, in the case of an eligible person that is an estate; and
2. in respect of a move to an intended place of residence, in any other case.

(G) [P.C. 2014-933 effective 15 September 2014]

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209.23 — MANNER AND AMOUNT

(1) Subject to paragraph (2) and to articles 209.24 (Local Move) and 209.25 (Time Limit), the Treasury Board may establish the manner and amount of a payment to be made out of public funds to an eligible person for their relocation expenses incurred in respect of a move to an intended place of residence, including providing for any measures related to any transitional issues that arise from the manner and amount of payment so established.

(2) The manner and amount of payment established under paragraph (1) shall be similar to the manner and amount of payment for relocation expenses of officers and non-commissioned members who are transferred from the Regular Force to the Reserve Force under article 10.04 (Voluntary Transfer to Reserve Force).

(G) [P.C. 2014-933 effective 15 September 2014]

209.24 — LOCAL MOVE

(1) Subject to paragraphs (2) to (4), no payment shall be made to an eligible person in relation to an officer or non-commissioned member for relocation expenses incurred in respect of a local move.

(2) A payment of up to $10,000, taxes included, may be made under article 209.23 (Manner and Amount) to the eligible person for relocation expenses incurred in respect of a local move if the officer or non-commissioned member is released and is required as a result of their release to vacate family housing, single quarters or a quarter designated as an official quarter, or any other accommodation under the administration of the Minister of National Defence or another Minister of the Crown.

(3) A payment may be made under article 209.23 (Manner and Amount) to the eligible person for relocation expenses incurred in respect of a local move if the officer or non-commissioned member is released under Item 3 (Medical) of the table to article 15.01 (Release of Officers and Non-commissioned Members).

(4) The Chief of the Defence Staff personally — or the Chief of Military Personnel personally — may authorize that a payment be made under article 209.23 (Manner and Amount) to the eligible person for relocation expenses incurred in respect of a local move if he or she determines that there are compassionate reasons that are particularly compelling and that involve

1. an illness of or injury to the former officer or non-commissioned member or their dependant; or
2. an unusual, undeserved or disproportionate hardship for the eligible person that is beyond the eligible person’s control.

(G) [P.C. 2014-933 effective 15 September 2014]

209.25 — TIME LIMIT

(1) Subject to paragraphs (2) to (5), no payment shall be made to an eligible person in relation to an officer or non-commissioned member for relocation expenses that are incurred more than two years after

1. in respect of an officer or non-commissioned member who is a member of the Regular Force, the day on which they are released; and
2. in respect of an officer or non-commissioned member who is a member of the Reserve Force,
   1. in the case of an officer or non-commissioned member who is transferred from the Regular Force to the Reserve Force under article 10.04 (Voluntary Transfer to Reserve Force), the day on which they are transferred, and
   2. in any other case, the day on which they are released.

(2) The Director General Compensation and Benefits or the Director Compensation and Benefits Administration may grant an extension of the time limit referred to in paragraph (1) for a period of up to one year – beginning on the day after the day on which that time limit ends – if he or she determines that any of the following circumstances prevent the eligible person from moving to the intended place of residence within that time limit:

1. an illness of or injury to the former officer ornon-commissioned member or their dependant;
2. the vocational rehabilitation or vocational training undertaken by the former officer or non-commissioned member;
3. the completion of an educational program bythe former officer or non-commissioned member or their dependant; or
4. any other circumstance that delays the move to the intended place of residence and that is beyondthe control of the eligible person.

(3) The Chief of the Defence Staff personally – or the Chief of Military Personnel personally – may grant an extension of the period granted under paragraph (2) for a period of up to three years if he or she determines that there are particularly compelling reasons that prevent the eligible person from moving to the intended place of residence within that period and that relate to

1. an illness of or injury to the former officer or non-commissioned member or their dependant, confirmed by a medical doctor; or
2. an unusual, undeserved or disproportionate hardship for the eligible person that is beyond the eligible person’s control.

(4) An extension under paragraph (3) shall be granted only if the eligible person submits his or her request for an extension to the Chief of the Defence Staff or the Chief of Military Personnel before the end of the period granted under paragraph (2).

(5) If, before the end of the time limit referred to in paragraph (1), a former officer or non-commissioned member of the Regular Force re-enrols in the Regular Force or commences class “B” or “C” service in the Reserve Force, that time limit is extended by the number of days of service in the Regular Force or the Reserve Force performed on and after the day of re-enrolment or commencement.

(G) [P.C. 2014-933 effective 15 September 2014; P.C. 2018-432 effective 1 April 2018]