Vol. 150, No. 9 — May 4, 2016

Registration

SI/2016-21 May 4, 2016

FINANCIAL ADMINISTRATION ACT

Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order

P.C. 2016-231 April 15, 2016

His Excellency the Governor General in Council, considering that the collection of debts for certain unauthorized payments in respect of travel expenses and other expenses, allowances and benefits is unreasonable and unjust, on the recommendation of the Minister of National Defence and the Treasury Board, pursuant to subsection 23(2.1) (see footnote a) of the Financial Administration Act (see footnote b), makes the annexed Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order.

Certain Unauthorized Payments in Respect of Travel Expenses and Other Expenses, Allowances and Benefits (Canadian Forces) Remission Order

Remission

1 Subject to section 2, remission is granted, in a total amount of $147,487,513 including interest, to any beneficiary of unauthorized payments in respect of

• (a) separation expenses paid during the period beginning on September 1, 2001 and ending on January 31, 2011
  • (i) to an officer or non-commissioned member who was a member of the reserve force on Class “B” Reserve Service and who would have been entitled to separation expenses under instruction 209.997 of the Compensation and Benefits Instructions for the Canadian Forces had they been a member of the reserve force on Class “C” Reserve Service during the relevant period, in respect of any category of separation expense, up to the amounts that were authorized at that time under that instruction or fixed at that time under the authority of the Chief of the Defence Staff,
  • (ii) to an officer or non-commissioned member, in respect of lodging, to the extent that the expenses exceeded amounts authorized at that time by instruction 209.997, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff,
  • (iii) to an officer or non-commissioned member returning from temporary duty or attached posting, in respect of interim lodging and meal costs, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff,
  • (iv) to an officer or non-commissioned member, in respect of lease liability costs, furniture rental, and one-time connection fees for cable, Internet, cellular telephones and land-line telephones, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, and
  • (v) to an officer or non-commissioned member who married another officer or non-commissioned member at a time when the two were not posted to the same location;
• (b) travel expenses for next of kin of an ill, injured, deceased or released officer or non-commissioned member paid from the Canadian Forces Contingency Fund during the period beginning on April 1, 2007 and ending on January 31, 2011;
• (c) transportation on leave expenses of an officer or non-commissioned member that were purported to be authorized under instruction 209.50 of the Compensation and Benefits Instructions for the Canadian Forces, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on February 1, 2007 and ending on January 31, 2011;
• (d) expenses for the storage of a private motor vehicle of an officer or non-commissioned member while they were absent on duty, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on April 1, 2006 and ending on January 31, 2011;
• (e) travel expenses of a person holding an honorary appointment under article 3.06 of the Queen’s Regulations and Orders for the Canadian Forces, paid during the period beginning on January 1, 2005 and ending on January 31, 2011;
• (f) expenses for the maintenance and safeguarding of a vacant residence of an officer or non-commissioned member while absent on duty, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on September 1, 2001 and ending on January 31, 2011;
• (g) temporary duty travel expenses and allowances of an officer or non-commissioned member, while on an attachment, up to the amounts that were fixed at that time under the authority of the Chief of the Defence Staff, paid during the period beginning on July 1, 2006 and ending on January 31, 2011;
• (h) financial assistance for an ill, injured or released officer or non-commissioned member, or their family members, or for the family members of a deceased officer or non-commissioned member, paid during the period beginning on April 1, 1999 and ending on January 31, 2011;
• (i) compassionate travel assistance for an officer or non-commissioned member that was purported to be authorized under instruction 209.51 of the Compensation and Benefits Instructions for the Canadian Forces, paid during the period beginning on April 1, 2006 and ending on January 31, 2011;
• (j) recruitment allowances for an officer or non-commissioned member, or for an applicant to the Canadian Forces, that were purported to be authorized under instruction 205.525 of the Compensation and Benefits Instructions for the Canadian Forces, paid during the period beginning on May 1, 2002 and ending on October 31, 2005; and
• (k) vacation travel allowances paid during the period beginning on January 1, 2004 and ending on April 30, 2010, to Brian Donohue in the amount of $20,317, to Maria Groenewege in the amount of $16,732 and to Kathreen Siberry in the amount of $9,562.

2 Amounts that have been recovered are not remitted.

3 (1) Remission is granted to any accounting officer for the unrecovered amount of any unauthorized payments referred to in section 1, including payable interest, for which the officer is responsible.

(2) In this section, accounting officer means any current or former accounting officer, as defined in article 1.02 of the Queen’s Regulations and Orders for the Canadian Forces, or any other person who has performed the functions of such an officer.

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order remits debts incurred from unauthorized payments made in respect of certain travel or other expenses, allowances or benefits, resulting from a misinterpretation of the National Defence Act or regulations or instructions made under that Act, during the period beginning on April 1, 1999, and ending on January 31, 2011.

By government policy, the nature and scope of compensation and benefits sought for members of the Canadian Forces are guided in large part by the negotiated agreements reached by the National Joint Council for members of the Public Service.

The strategic military human resource compensation and benefits plan is designed to ensure an adequate compensation and benefits package in order to facilitate essential recruitment levels and to maintain retention of highly trained military personnel. The unauthorized payments of travel and other benefits were paid in a manner consistent with the overall aims and goals of the strategic military human resource compensation and benefits plan pursued by the Canadian Forces and supported by the Treasury Board Secretariat. A re-examination of the legal authorities exercised to pursue this strategic plan for the subject period has led to changes in regulations and instructions, as well as internal verification measures to ensure regulatory compliance.

The recovery of the unauthorized payments of travel and other benefits would impose an onerous administrative burden upon the Canadian Forces and significantly interfere with its efficiency. Collection efforts are considered to be cost prohibitive and economically unsound in most cases. The repayment of the amounts that beneficiaries received in compensation for actual and reasonable expenses would cause an extreme hardship and corresponding financial setback for many of these beneficiaries which include deceased, former and current members of the Canadian Forces, as well as their next of kin. Any attempts to pursue individual collection efforts would lead inevitably to the perception of a significant disparity of treatment amongst active service members, cause an adverse impact on the morale of the service and potentially affect the operational effectiveness of the Canadian Forces. As a consequence, recovery is considered to be both unreasonable and unjust.

• Footnote a
  S.C. 1991, c. 24, s. 7(2)
• Footnote b
  R.S., c. F-11