QR&Os: Volume III - Chapter 204 Pay of Military Judges

Official Format

Effective 1 August 2015, the official version of the QR&O is that published in PDF format on this website. In the event of any inconsistency between this consolidation and any printed or electronic copy, this consolidation prevails to the extent of the inconsistency. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

  • 1 June 2014 - replaced: entire chapter
  • 18 October 2013 – repealed heading before article: 204.23
  • 18 October 2013 – repealed article: 204.23
  • 18 October 2013 – repealed article: 204.24
  • 18 October 2013 – repealed article: 204.25
  • 18 October 2013 – repealed article: 204.26
  • 18 October 2013 – repealed article: 204.27
  • 1 November 2010 - replaced paragraph 204.22(1)
  • 1 November 2010 - replaced subparagraphs 204.22(1)(a)(b)
  • 1 November 2010 - replaced paragraph 204.22(2)
  • 1 November 2010 - replaced subparagraphs 204.22(2)(a)(b)
  • 1 November 2010 - replaced paragraph 204.22(3)
  • 1 November 2010 - replaced subparagraph 204.22(3)(a)
  • 1 November 2010 - added two articles 204.22(3)(a)(i)(ii)
  • 1 November 2010 - replaced subparagraph 204.22(3)(b)
  • 1 November 2010 - replaced paragraph 204.22(4)
  • 1 November 2010 - removed two articles 204.22(4)(a)(b)
  • 1 November 2010 - replaced paragraph 204.22(5)
  • 1 November 2010 - removed two articles 204.22(5)(a)(b)
  • 1 November 2010 - added paragraph 204.22(6)
  • 1 November 2010 - added two articles 204.22(6)(a)(b)
  • 25 March 2010 - replaced Article: 204.22
  • 1 November 2009 - replaced Article: 204.22

History:

204.01 – APPLICATION

This chapter applies to military judges who are appointed under section 165.21 or 165.22 of the National Defence Act.

(T) [T.B. 837222 effective 1 June 2014]

204.02 – INTERPRETATION

For the purposes of this chapter, “dependent child” has the same meaning as in CBI 205.015 (Interpretation).

(T) [T.B. 837222 effective 1 June 2014]

[204.03 to 204.09: not allocated]

204.10 – COMMENCEMENT OF PAY – MILITARY JUDGES

The entitlement to receive pay as a military judge commences

  1. for a regular force officer, on the effective date of their appointment as a military judge; or
  2. for a reserve force officer serving on Class “B” or “C” Reserve Service, on the day on which the officer commences to serve on Class “B” or “C” Reserve Service as a military judge.

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.11 – CESSATION OF PAY – MILITARY JUDGES

Subject to any other provision of the QR&O, the entitlement to receive pay as a military judge ceases:

  1. for a regular force military judge, at the end of the day on which the military judge ceases to hold office; or
  2. for a reserve force military judge serving on Class “B” or “C” Reserve Service, at the end of the day on which the military judge ceases to serve on Class “B” or “C” Reserve Service as a military judge.

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.12 – PAY – LEAVE WITHOUT PAY AND ALLOWANCES – MILITARY JUDGES

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

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.13 – ISSUE OF PAY – MILITARY JUDGES

(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 business day, pay may be issued on the preceding full business day.

(2) When a military judge proceeds on long leave, posting or temporary duty, the military judge 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) Subject to article 204.18 (Military Judge Reported as Missing, a Prisoner of War or Interned or Detained by a Foreign Power), 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 military judge requests otherwise in writing.

(6) 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 pay in an amount not exceeding the cost of transportation to and from the place to which the military judge is authorized to proceed on leave.

(7) An advance paid to a military judge under paragraph (6) shall be charged to the military judge’s pay account and shall be recovered in equal monthly instalments over a period not exceeding six months.

(8) In exceptional circumstances, the Chief Military Judge may extend the period of recovery described in paragraph (7).

(9) The pay of a military judge who is serving outside Canada shall be issued to the military judge in the currency determined by the Minister and concurred in by the Minister of Finance.

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.14 – OVERPAYMENTS – MILITARY JUDGES

Article 203.04 (Overpayments) applies to an overpayment to a military judge of pay or any financial benefit referred to in paragraph (1) of that article except that, in the case of an overpayment of pay, the reference in paragraph (3) of that article to “the Chief of Defence Staff” shall be read as a reference to “the Chief Military Judge”.

(T) [T.B. 829184 effective 1 September 2001;  

T.B. 837222 effective 1 June 2014]

204.15 – PAYMENTS ON BEHALF OF INCAPACITATED MILITARY JUDGES

(1) In this article, “incapacitated” means, in respect of a person, that the person is certified by a service medical officer or a medical officer of the Department of Veterans Affairs to be mentally or physically incapacitated.

(2) Subject to paragraph (3), if a military judge who is married or in a common-law partnership, or is single and has a dependent child, is incapacitated, the Chief Military Judge may authorize a monthly payment equal to twenty days pay at the rate prescribed for the military judge to

  1. the military judge’s spouse or common-law partner; or
  2. a person undertaking the care of a dependent child of the military judge.

(3) The amount of the payment under paragraph (2) shall be reduced by the amount of any pay allotment made or available to the military judge’s spouse or common-law partner or a person undertaking the care of a dependent child of the military judge.

(4) If an incapacitated military judge is confined to a hospital or other institution, any charge for comforts supplied to the military judge from canteens operated by the hospital or institution shall be paid on the military judge’s behalf.

(5) The Chief Military Judge may authorize payment of any credit balance remaining in the pay account of an incapacitated military judge to the person who, by the law of the province of Canada where the military judge is residing during the period of incapacity, is entitled to receive money on the military judge’s behalf.

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

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.16 – AUTHORITY TO ADJUST PAY ACCOUNTS – MILITARY JUDGES

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

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.17 – MILITARY JUDGE DECEASED OR PRESUMED DEAD

(1) This article applies to

  1. a military judge of the regular force; and
  2. a reserve force military judge on Class “C” Reserve Service.

(2) Subject to paragraph (4), if it is determined or presumed that a military judge has died after the military judge has been officially reported as missing, a prisoner of war or interned or detained by a foreign power, pay in issue shall be credited to the military 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.

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

(4) Any final credit balance in the pay account of the military judge arising from the credit of pay accrues to the military judge’s service estate, even if the balance or any portion of it is in respect of a period after the end of the month of death or presumed death. (See article 25.01 – General.)

(5) If a military judge who is officially reported dead or presumed dead is later found to be alive, the military judge’s pay account shall be adjusted as though they had not been so reported. (See article 204.18 – Military Judge Reported as Missing, a Prisoner of War or Interned or Detained by a Foreign Power.)

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.18 – MILITARY JUDGE REPORTED AS MISSING, A PRISONER OF WAR OR INTERNED OR DETAINED BY A FOREIGN POWER

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

  1. the regular force;
  2. the reserve force on Class “C” Reserve Service; or
  3. the reserve force on Class “B” Reserve Service.

(2) Pay in issue to a military judge described in subparagraph (1)(c) who is reported as missing ceases at the end of the day on which the military judge is so reported, but if the military judge is later found to be alive, pay in respect of the period that they were reported as missing shall be credited to their pay account as described in paragraph (3).

(3) The pay account of a military judge described in subparagraph (1)(a) or (b) shall be credited with pay in respect of the period that they were reported as 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); or
  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 military judge’s spouse or common-law partner or a person undertaking the care of a dependent child of the military judge.

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

  1. the military judge’s spouse or common-law partner; or
  2. a person undertaking the care of a dependent child of the military judge.

(6) Interest on any accumulated balance in the pay account of a military judge who was reported as missing and who is later found to be alive, or of a military 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 effective 1 September 2001:

T.B. 837222 effective 1 June 2014]

204.19 – ATTACHMENT OR SECONDMENT OUTSIDE THE CANADIAN FORCES – MILITARY JUDGES

(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 military 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 effective 1 September 2001:

T.B. 837222 effective 1 June 2014]

[204.20 and 204.205: repealed by T.B. 829184 effective 1 September 2001]

204.21 – INDUSTRIAL AGGREGATE INDEX

For the purposes of articles 204.22 (Rates of Pay – Military Judges – Regular Force and Class “C” Reserve Service) and 204.221 (Rates of Pay – Military Judges – Class “A” and “B” Reserve Service), the “Industrial Aggregate Index expressed as a percentage” means the percentage increase of the average weekly wages and salaries of the Industrial Aggregate Index in Canada, for an adjustment year, over the same average for the preceding 12-month period using the most recent data available on April 1 of each year, as published by Statistics Canada under the Statistics Act.

(T) [T.B. 837222 effective 1 June 2014]

[204.2111 to 204.216: repealed by T.B. 829184 effective 1 September 2001]

[204.217: repealed 1 September 1989]

[204.218: repealed by T.B. 829184 effective 1 September 2001]

204.22 – RATES OF PAY – MILITARY JUDGES – REGULAR FORCE AND CLASS “C” RESERVE SERVICE

(1) The annual rates of pay for military judges of the regular force and for reserve force military judges on Class “C” Reserve Service, for the period beginning on 1 April 2013 and ending on 31 March 2014, payable on a monthly basis, are as follows:

  1. in the case of the Chief Military Judge, $232,501; and
  2. in the case of other military judges, $225,729.

(2) The annual rates of pay for military judges of the regular force and for reserve force military judges on Class “C” Reserve Service, for the period beginning on 1 April 2014 and ending on 31 March 2015, payable on a monthly basis, are as follows:

  1. in the case of a military judge other than the Chief Military Judge, the annual rate of pay for the military judge for the period beginning on 1 April 2013 and ending on 31 March 2014, plus the annual adjustment obtained by multiplying
    1. the annual rate of pay for the military judge for the period beginning on 1 April 2013 and ending on 31 March 2014, and
    2. the Industrial Aggregate Index expressed as a percentage for 1 April 2014 plus 0.25%; and
  2. in the case of the Chief Military Judge, the amount calculated under subparagraph (a) multiplied by the factor 1.03.

(3) The annual rates of pay for military judges of the regular force and for reserve force military judges on Class “C” Reserve Service, for the 12-month period beginning on 1 April 2015 and for each subsequent 12-month period, payable on a monthly basis, are as follows: 

  1. in the case of a military judge other than the Chief Military Judge, the annual rate of pay for the preceding period, plus the annual adjustment obtained by multiplying
    1. the annual rate of pay for the military judge for the preceding period, and
    2. the Industrial Aggregate Index expressed as a percentage for the adjustment year; and
  2.  in the case of the Chief Military Judge, the amount calculated under subparagraph (a) multiplied by the factor 1.03.

(4) The annual rates of pay determined under paragraphs (2) and (3) are to be made public.

(5) If the office of the Chief Military Judge is vacant, the annual rate of pay for the Chief Military Judge is payable to

  1. the military judge who is authorized by the Chief Military Judge under section 165.26 of the National Defence Act to exercise and perform any of the powers, duties and functions of the Chief Military Judge; or
  2. if there is no authorized military judge referred to in subparagraph (a), the Deputy Chief Military Judge designated under section 165.28 of the National Defence Act.

(T) [T.B. 835260 effective 1 October 2009;

T.B. 835510 effective 25 March 2010 – (4);

T.B. 835858 effective 1 November 2010;

T.B. 837222 effective 1 June 2014]

204.221 – RATES OF PAY – MILITARY JUDGES – CLASS “A” AND “B” RESERVE SERVICE

 (1) A reserve force military judge on Class “A” or “B” Reserve Service shall receive

  1. 50% of their daily rate of pay for a period of duty or training of less than six hours in a calendar day; and
  2. their daily rate of pay for a period of duty or training of not less than six hours in a calendar day.

(2) The daily rate of pay for reserve force military judges on Class “A” or “B” Reserve Service for the period beginning on 1 April 2013 and ending on 31 March 2014 is $525.67.

(3) The daily rate of pay for reserve force military judges on Class “A” or “B” Reserve Service, for the period beginning on 1 April 2014 and ending on 31 March 2015, is the daily rate of pay for the period beginning on 1 April 2013 and ending on 31 March 2014, plus the annual adjustment obtained by multiplying

  1. the daily rate of pay for the period beginning on 1 April 2013 and ending on 31 March 2014; and
  2. the Industrial Aggregate Index expressed as a percentage for 1 April 2014 plus 0.25%.

(4) The daily rate of pay for reserve force military judges on Class “A” or “B” Reserve Service, for the 12-month period beginning on 1 April 2015 and for each subsequent 12-month period, is the daily rate for the preceding period, plus the annual adjustment obtained by multiplying

  1. the daily rate of pay for the preceding period; and
  2. the Industrial Aggregate Index expressed as a percentage for the adjustment year.

(5) The daily rates of pay determined under paragraphs (3) and (4) are to be made public.

(T) [T.B. 837222 effective 1 June 2014]

204.225 – SEVERANCE PAY – MILITARY JUDGES

(1) The following definitions apply in this article.

“exceptional military judge” means a military judge who is released from the Canadian Forces by reason of death. (juge militaire exceptionnel)

“year” includes part of a year, rounded up to two decimal places. (année)

“years of eligible service” means a military judge’s number of years of military service since the military judge’s most recent date of enrolment, but does not include

  1. any years of prior benefit;
  2. any years of service in the Supplementary Reserve, the Cadet Organizations Administration and Training Service and the Canadian Rangers, other than years that the military judge has served on Class “B” or “C” Reserve Service;
  3. any years of exemption from Primary Reserve duty and training, other than years of exemption under articles 9.09 (Exemption from Duty and Training – Maternity Purposes) and 9.10 (Exemption from Duty and Training – Parental Purposes);
  4. any years of being declared Primary Reserve non-effective strength;
  5. any years of leave without pay granted under article 16.25 (Leave Without Pay and Allowances);
  6. any years of a limitation of payments under article 203.20 (Regular Force – Limitation of Payments);
  7. any years of absence — without leave or as a deserter — for which a forfeiture has been imposed under article 208.30 (Forfeitures – Officers and Non-commissioned Members); and
  8. any years during which a forfeiture has been imposed under article 208.31 (Forfeitures, Deductions and Cancellations – When No Service Rendered). (années de service admissible)

“years of prior benefit” means the total number of years in respect of which any severance benefits and payments in lieu of severance benefits were paid or granted to a military judge under

  1. this article;
  2. article 16.19 (Rehabilitation Leave);
  3. former articles 204.40 (Severance Pay) and 204.54 (Reserve Force Retirement Gratuity);
  4. former chapter 204 (Financial Benefits and Pay of Military Judges);
  5. CBI 204.40 (Canadian Forces Severance Pay); and
  6. former CBI 204.40 (Severance Pay) and former CBI 204.54 (Reserve Force Retirement Gratuity). (années de prestations antérieures)

(2) A military judge is entitled to make an election for a payment in lieu of severance pay for military judges during an election period that

  1. commences on a day that is specified by or under the authority of the Chief of the Defence Staff and that is before 1 December 2014; and
  2. ends on the day that is 90 days after the day referred to in subparagraph (a).

(3) A military judge is entitled to receive a payment in lieu of all or part of severance pay for military judges if all of the following conditions are satisfied:

  1. the military judge has not served — during the period beginning on 1 June 2014 and ending on the last day of the election period — in the Supplementary Reserve, the Cadet Organizations Administration and Training Service or the Canadian Rangers;
  2. the military judge irrevocably elects during the election period to receive a payment in lieu of all or part of severance pay for military judges;
  3. the military judge makes the election in writing on the election form approved for that purpose by or under the authority of the Chief of Defence Staff;
  4. another officer or a non-commissioned member witnesses the military judge’s election and attests, on the election form, to the election and the date on which it was made; and
  5. the completed election form is received by the Chief of the Defence Staff — or by an officer designated by the Chief of the Defence Staff for that purpose — not later than the fifteenth day after the election period ends.

(4) A military judge who, under paragraph (3), has become entitled to receive a payment in lieu of all or part of severance pay for military judges is deemed to be entitled to that payment on the day on which the military judge made the election.

(5) An election made before or after the election period is of no force and effect and cannot be considered, deemed, or otherwise determined to have been made during the election period.

(6) The amount of a payment in lieu of all or part of severance pay for military judges is determined by the formula

(MP ÷ 30) × 7 × Y

where

MP   is equal to

  1. in respect of a military judge of the regular force or of a reserve force military judge of the Primary Reserve who is serving on Class “C” Reserve Service, one twelfth of the annual rate of pay under paragraph 204.22(2) that is applicable on 1 June 2014; and
  2. in respect of a reserve force military judge of the Primary Reserve who is serving on Class “A” or “B” Reserve Service, the product obtained by multiplying 30 by the daily rate of pay under paragraph 204.221(3) that is applicable on 1 June 2014; and

Y    is the lesser of

  1. the number of years of eligible service that were served before 1 June 2014 and that are chosen by the military judge on the election form, and
  2. the amount that is determined by the formula

30 – years of prior benefit.

(7) Subject to paragraph (8), a military judge is entitled to severance pay for military judges on the day before the day on which the military judge ceases to serve in the regular force or in the Primary Reserve.

(8) A military judge, other than an exceptional military judge, is not entitled to severance pay for military judges if the military judge has served after 31 May 2014 in the Supplementary Reserve, the Cadet Organizations Administration and Training Service or the Canadian Rangers.

(9) The amount of severance pay is determined by the formula

(MP ÷ 30) × 7 × Y

Where

MP   is equal to

  1. in respect of a military judge of the regular force or of a reserve force military judge of the Primary Reserve who is serving on Class “C” Reserve Service, one-twelfth of the annual rate of pay under paragraph 204.22(2) or (3) that is applicable on the day before the day on which the military judge ceases to serve in the regular force or the Primary Reserve; and
  2. in respect of a reserve force military judge of the Primary Reserve who is serving on Class “A” or “B” Reserve Service, the product obtained by multiplying 30 by the daily rate of pay under paragraph 204.221(3) or (4) that is applicable on the day before the day on which the military judge ceases to serve in the Primary Reserve; and

Y     is the lesser of

  1. the number of years of eligible service,
    1. in respect of a military judge who is not an exceptional military judge, that were served before 1 June 2014, or
    2. in respect of an exceptional military judge, that were served before the day on which the death occurred, and
  2. the amount that is determined by the formula

30 – years of prior benefit.

(10) Despite any other provision of the QR&O or any instruction issued under section 35 of the National Defence Act, no person is entitled during their lifetime to be paid or granted severance benefits and payments in lieu of severance benefits in respect of more than 30 years of service in the Canadian Forces.

(11) For greater certainty, all pay that is determined under this article is subject to the Retroactive Remuneration Regulations – Canadian Forces.

(T) [T.B. 829184 effective 1 September 2001;

T.B. 837222 effective 1 June 2014]

204.23 – PREMIUM IN LIEU OF LEAVE – RESERVE FORCE MILITARY JUDGES

(1) Subject to paragraph (2), a reserve force military judge shall, in addition to the pay to which they are otherwise entitled under this chapter, be paid a premium equal to 9% of the pay to which they are entitled in respect of

  1. any Class “A” Reserve Service served after 31 March 2014; and
  2. any Class “B” or “C” Reserve Service of a total continuous period of less than one month, which commenced after 31 March 2014.

(2) For the purpose of paragraph (1), the pay of a reserve force military judge is deemed not to include any payment made under article 204.225 (Severance Pay – Military Judges).

(3) A premium payable under paragraph (1) for a single period of Reserve Service shall be reduced by the amount of pay received in respect of a day that falls within that period of Reserve Service that is, in accordance with orders or instructions issued by the Chief of the Defence Staff, a designated or other holiday and in respect of which the reserve force military judge did not undergo training or perform duties.

(4) The premium to which a reserve force military judge may be entitled under this article shall be paid in arrears, at least once per calendar year, at the intervals that are established in orders or instructions issued by the Chief of the Defence Staff.

(5) A premium is not payable under this article in respect of a period of Class “B” or “C” Reserve Service for which a reserve force military judge is entitled to annual leave under article 16.14 (Annual Leave).


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(T) [T.B. 837222 effective 1 June 2014]

(G) [204.24 to 204.27: repealed by P.C. 2013-1068 effective 18 October 2013]

[204.28 and 204.29 inclusive: not allocated]

[204.30: repealed by T.B. 829184 effective 1 September 2001]

[204.31 to 204.39 inclusive: not allocated]

[204.40: repealed by T.B. 829184 effective 1 September 2001]

[204.41 to 204.49 inclusive: not allocated]

[204.50 to 204.55: repealed by T.B. 829184 effective 1 September 2001]

[204.56 to 204.99 inclusive: not allocated]