Chapter 1 - Introduction (Effective 1 September 2017)

Contents

Section 1 - Authorities

Section 2 - Interpretation

Section 1 - Authorities

1.01 - Title

This publication is called the Compensation and Benefits Instructions for the Canadian Forces and is cited as the CBI.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.02 - Authority - Treasury Board (TB)

Section 35 of the National Defence Act (“NDA”) provides:

“35(1) The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board.

(2) The payments that may be made to officers and non-commissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board.”

(C)

(TB 1 June 2017, effective 1 September 2017)

1.03 - Authority - Delegation

1.03(1) (General) By letter dated March 1, 2012, and pursuant to subsection 6(4) of the Financial Administration Act, the Treasury Board (“TB”) made the following delegation of its authority to the Secretary of the TB:

“(A) under subsection 35(1) of the National Defence Act to establish conditions of issue of pay for Canadian Forces members, for the purpose of making a minor amendment to any condition, if the Secretary is of the opinion that the amendments will not change the essential character of that condition; and

(B) under subsection 35(2) of the National Defence Act to determine and regulate payments that may be made to Canadian Forces members, for the purpose of making a minor amendment to any payment, if the Secretary is of the opinion that the amendments will not change the essential character of that payment.”

1.03(2) (Minor Amendments) For greater certainty, a minor amendment under paragraph (1), must not change the substantive content or intent of the policy and includes but is not limited to an amendment made for the following technical purposes:

(a) to correct spelling and grammar errors;

(b) to improve the alignment of the English and French versions;

(c) to update a reference; and

(d) to change the numbering or lettering of a provision.

(T)

(TB 1 June 2017, effective 1 September 2017)

1.04 - Authority - Chief of Defence Staff (CDS)

Section 18 of the NDA provides that the CDS is charged with the control and administration of the Canadian Forces (CF) and that all orders and instructions to the CF must be issued by or through the CDS.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.05 - Authority - Identification

1.05(1) (General) In chapters 1 and 205 of the CBI, immediately following every instruction:

(a) made under the authority of the TB, there must be in parentheses the letter “T”; and

(b) made under the authority of the CDS, there must be in parentheses the letter “C”.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.06 - Effective Date

Unless otherwise provided, every instruction in the CBI is effective the day on which it is approved.

(T)

(TB 1 June 2017, effective 1 September 2017)

1.07 to 1.20 Inclusive: Not Allocated

Section 2 - Interpretation

1.21 - Effect of Notes

1.21 - Effect of Notes

The notes appended to the CBI are for the guidance of members. Notes do not have the force of law but should not be deviated from without good reason.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.22 - Meaning - Member

In the CBI, unless the context requires otherwise, “member” means an officer or non-commissioned member of the CF. 

(T)

(TB 1 June 2017, effective 1 September 2017)

1.23 - Application of Regulations

1.23(1) (Retroactive Remuneration Regulations – Canadian Forces) It is determined that any pay, allowances or other form of compensation provided in the CBI is “remuneration” for the purpose of the Retroactive Remuneration Regulations – Canadian Forces.

(T)

(TB 1 June 2017, effective 1 September 2017)

NOTE

1. Before making a payment under the CBI, the responsible member should be familiar with section 34 (Payment for work, goods or services) and section 80 (Offences and punishment) of the Financial Administration Act.

2. Under paragraph (2) of article 201.05 (Financial Responsibilities of Accounting Officers) of the Queen’s Regulations and Orders for the Canadian Forces (QR&O), an accounting officer is personally responsible for every payment they make and is required to seek recovery for any overpayment made. This requirement exists regardless the reason for the overpayment and includes when an overpayment is caused by a misinterpretation of an instruction.

3. Paragraph (2) of article 203.04 (Overpayments) of the QR&O provides:

“If an officer or non-commissioned member accepts a payment in excess of the entitlement due, the officer or non-commissioned member shall report and refund the amount of the overpayment to the accounting officer of the base or other unit or element where the officer or non-commissioned member is present.”

(C)

(TB 1 June 2017, effective 1 September 2017)

1.24 - NDA and QR&O

Except as otherwise provided, definition and interpretation provisions in the QR&O apply in the CBI.

(T)

(TB 1 June 2017, effective 1 September 2017)

1.25 - Examples

When a provision made under section 35 of the NDA provides an example, the provision prevails over any inconsistency between the provision and the example.

(T)

(TB 1 June 2017, effective 1 September 2017)

1.26 - Definitions - Place of Duty and Permanent Workplace

1.26(1) (Place of Duty) In the CBI, unless otherwise provided, place of duty means the circular area within a 100 kilometre radius of a member’s permanent workplace.

1.26(2) (Permanent Workplace - Regular Force) In the CBI, unless otherwise provided, permanent workplace means, in relation to a member of the Regular Force:

(a) on the date of their most recent enrolment into the Regular Force under chapter 6 (Enrolment and Re-Engagement) of the QR&O or transfer under article 10.05 (Voluntary Transfer From Reserve Force to the Regular Force) of the QR&O, the member’s permanent residence;

(b) after the date of their most recent enrolment or transfer and until they are posted, the member’s permanent residence; or

(c) in any other case, the specific, permanent, physical location associated with the member’s position and where the member ordinarily performs their duties.

1.26(3) (Permanent Workplace - Reserve Force) In the CBI, unless otherwise provided, permanent workplace means, in relation to a member of the Reserve Force:

(a) if the member is listed on a Reserve List that is not organized under NDA section 17 and the member is not serving on Class “B” or “C” Reserve Service, the member’s permanent residence;

(b) if the member is listed on a Reserve List that is not organized under NDA section 17 and the member is serving on Class “B” or “C” Reserve Service, the specific, permanent, physical location of the position in which the member is ordinarily employed and that the member continues to fill during that Reserve Service; or

(c) in any other case, the specific, permanent, physical location associated with the member’s position and where the member ordinarily performs their duties.

(T)

(TB 1 June 2017, effective 1 September 2017)

NOTE

Reserve Lists are organized under section 17 of the NDA by Ministerial Organization Order (“MOO”). Verification whether a Reserve List has been organized should be done using the relevant MOO and not a Canadian Forces Organization Order (‘CFOO”),

(C)

(TB 1 June 2017, effective 1 September 2017)

1.27 - Examples - Place of Duty and Permanent Workplace

In respect of a member of the National Defence Headquarters (NDHQ) Primary Reserve List who performs no Reserve Service and resides in Toronto, Ontario, their permanent workplace is their permanent residence. However, if the same member serves on Class “B” Reserve Service in a unit at Canadian Forces Base (CFB) Esquimalt, their permanent workplace is the physical location of the unit at CFB Esquimalt during that Reserve Service.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.28 - Definitions - Posting, Attached Posting, and Temporary Duty

1.28(1) (Posting) In the CBI, unless otherwise provided, a posting means the assignment of a member from one establishment position to another establishment position that results in a change in the member’s permanent workplace.

1.28(2) (Attached Posting) In the CBI, unless otherwise provided, an attached posting means the assignment of a member from their permanent workplace to a different workplace for more than 30 days and less than 365 days.

1.28(3) (Temporary Duty) In the CBI, unless otherwise provided, temporary duty means the assignment of a member, other than by attached posting, to perform duty or training:

(a) outside their place of duty for less than 181 days; or

(b) inside their place of duty but not at their permanent workplace for less than 181 days.

1.28(4) (Duty Travel) In respect of time limits specified for an attached posting or temporary duty, any duty travel required for the purpose of that attached posting or that temporary duty will be included.

(T)

(TB 1 June 2017, effective 1 September 2017)

1.29 - Examples - Posting, Attached Posting, and Temporary Duty

1.29(1) (General) A member is assigned from one posting to another posting. An attached posting may occur during a posting and temporary duty may occur during a posting or during an attached posting.

1.29(2) (Example) A member of the Regular Force is posted to a unit at 101 Colonel By Drive, Ottawa, Ontario (permanent workplace). The member is attached posted for nine months to CFB Halifax (outside their place of duty). While attached posted at CFB Halifax, the member proceeds on temporary duty to CFB Gagetown for three months.

(C)

(TB 1 June 2017, effective 1 September 2017)

1.30 to 1.99 Inclusive: Not Allocated

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