CHAPTER 205 - TABLE OF CONTENTS
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SECTION 3 - SPECIAL ALLOWANCES

205.40: REPEALED BY TB 830822, 18 SEPTEMBER 2003

205.401: SPECIAL OPERATIONS ASSAULTER ALLOWANCE

(1) (Eligibility) An officer or non-commissioned member is entitled to Special Operations Assaulter (SOA) Allowance at the applicable monthly rate as set out in the Table to this instruction for the member’s accumulated service if the member:

1. is posted to a position or is undergoing training designated by the Chief of the Defence Staff for the purpose of this instruction; and
2. is qualified to the standard prescribed by the Chief of the Defence Staff for the purpose of this instruction.

(2) (Exigent Circumstances) If there exist exigent circumstances in the opinion of the Chief of the Defence Staff, and the entitlement of a member to SOA Allowance would otherwise cease under this instruction, the Chief of the Defence Staff may approve continued entitlement to SOA Allowance.

(3) (Cessation of Entitlement) The entitlement of an officer or non-commissioned member to SOA Allowance ceases if:

1. the member is awarded a permanent medical category below that required to perform the duties of an assaulter,
2. the member completes three years of continuous service in one or more designated positions outside JTF2; or
3. the member’s commanding officer accepts a request by the member to no longer be liable for service as an assaulter.

(4) (Limitation) If the entitlement of an officer or non-commissioned member to SOA Allowance ceases under subparagraph (3)(b), the member is only entitled to SOA Allowance for a subsequent period of service in a position outside JTF2 after the member has served an additional period of service in a JTF2 position that is equivalent in time to the period of service that the member received SOA Allowance when serving outside JTF2.

(5) (CDS Administration) The commanding officer, JTF2, shall maintain an official record that contains the service particulars of each officer and non-commissioned member and their accumulated SOA Allowance service.

(6) (Report to Treasury Board) If the percentage of members receiving SOAA who are serving in units other than JFT2 exceeds at any time during a fiscal year 15% of the total number of members receiving SOAA, the CDS shall submit a Management Exception Report to Treasury Board Secretariat on 31 March of that year.

(TB # 832506 effective 1 October 2005)

TABLE TO CBI 205.401

(TB # 833048 effective 1 April 2006)

205.41 - SUBMARINE SPECIALTY ALLOWANCE

(1) (Application) Subject to paragraph (2), this instruction applies to an officer or non-commissioned member of the Regular Force or of the Reserve Force on Class "B" or "C" Reserve Service.

(2) (Entitlement) An officer or non-commissioned member is entitled to receive Submarine Specialty Allowance at the monthly rate of $351 the member is

1. qualified in submarines to the standard established by the Chief of the Defence Staff; and
2. serving in a position
   1. aboard any submarine, including a submarine in refit,
   2. as a student at a training course ashore of more than six months duration, which course has been designated by the Chief of the Defence Staff, if immediately prior to commencing that course the member was receiving the allowance under this instruction and it is intended that the member will be posted back to a submarine on completion of that course (see article 208.317 – Forfeiture of Submarine Specialty Allowance of the QR&O), or
   3. that is designated in orders or instructions issued by the Chief of the Defence Staff for the purpose of this instruction.

(TB # 833048, effective 1 Apr 06)

205.42 - POSTING ALLOWANCE

(1) (Eligibility) Subject to paragraphs (3) and (4), an officer or non-commissioned member who has attained career status is entitled to Posting Allowance when the member is posted from one place of duty as defined in CBI 209.80 (Application and Definitions) to another place of duty in circumstances that entitle the member to move their dependants at public expense under either section 8 (Relocation Expenses) or section 9 (Canadian Forces Integrated Relocation Program) of chapter 209 (Transportation and Travelling Expenses) of the CBI or would have entitled the member to move their dependants, if the member had any, at public expense under one of those sections, calculated as follows:

1. in the case of a member who moves their dependants under either section 8 or 9 of chapter 209, an amount equal to the member's pay for one month; or
2. in any other case, an amount equal to one-half of the member's pay for one month.

(2) (Definition) For the purpose of this instruction, "career status" shall be as defined by the Minister.

(3) (Not applicable) No Posting Allowance is payable

1. in respect of a move within the geographical area surrounding the officer's or non- commissioned member's former place of duty;
2. in the case of a posting cancellation;
3. on release, on posting as a result of release, on posting for release, or for moving to an intended place of residence;
4. in respect of an officer or non-commissioned member who is posted but continues to reside within the geographical area surrounding the member's former place of duty or at the authorized location for the member's former place of duty;
5. in any case where an officer or non-commissioned member is posted but does not actually move;
6. in the case of a posting to the officer's or non-commissioned member's first place of duty after re-enrolment in or transfer to the Regular Force;
7. if the officer or non-commissioned member moves as a result of an attached posting;
8. in respect of an officer or non-commissioned member who is serving on Class "A" or "B" Reserve Service;
9. in respect of a move to an officer's or non-commissioned member's first place of duty on the commencement of a period of Class "C" Reserve Service; or
10. in respect of any person who is attached or seconded to the Canadian Forces.

(4) (Service couple) When the members of a service couple as defined in CBI 209.971 (Canadian Forces Integrated Relocation Program) are posted to and from the same place of duty as defined in CBI 209.80, for the purpose of calculating each member's entitlement under paragraph (1),

1. neither member shall be considered to be a dependant of the other;
2. the member having the higher rate of pay may claim an entitlement under subparagraph (1)( a) in respect of any dependant moved to the new place of duty; and
3. neither member may claim an entitlement under subparagraph (1)(a) in respect of a dependant claimed by the other.

(5) (Personalized funding envelope) The posting allowance of an officer or non-commissioned member who is moved under section 9 of chapter 209 shall be included in the customized funding envelope described in that section.

(6) (Effective rate of allowance) The effective rate of posting allowance of an officer or non-commissioned member who is moved under either section 8 or 9 of Chapter 209 is the amount of the monthly rate of pay the member receives on the change of strength date. Notwithstanding CBI articles 204.075 (Rate of Pay on Promotion - Retroactive Pay Increase), 204.08 (Rate of Pay on Promotion - Coincident With a Pay Increase) and 204.09 (Rate of Pay on Commissioning - Simultaneous Promotion to a Higher Rank), any retroactivity of pay increase does not apply to posting allowance.

(CDS 26 Mar 03, effective 1 Apr 03)

205.43 - ACCOMMODATION ASSISTANCE ALLOWANCE

(1) (Definitions) The definitions in this paragraph apply in this instruction.

"accommodation assistance area" means a place designated as an isolated post in directives made by the Treasury Board for the public service if that post is a place of duty where the local average accommodation cost for other than family housing accompanied accommodation in the area, as determined by Canada Mortgage and Housing Corporation, exceeds by 12.5% or more the weighted national average accommodation costs for other than family housing accompanied accommodation. (secteur désigné à l'aide au logement)

"accommodation differential" means, for other than unaccompanied accommodation, for each accommodation assistance area, the dollar difference between local average accommodation cost per square metre and the weighted national average accommodation cost per square metre. (différence de coût d'habitation)

"base shelter value" means the monthly market rental value of family housing as appraised by Canada Mortgage and Housing Corporation adjusted by provincial legislation where applicable. (valeur de base de l'hébergement)

"local average accommodation cost" means, for each place of duty

1. in respect of family housing, the simple average base shelter value for the types of family housing determined
2. in respect of accommodation other than family housing, the local average rental cost of appropriate accommodation at that place of duty as reported by Canada Mortgage and Housing Corporation.(coût d'habitation moyen sur place)

"place of duty" means the place at which an officer or non-commissioned member usually performs their normal military duties and includes any place in the surrounding geographical area that is determined to be part thereof by the Chief of the Defence Staff, or such other officer as the Chief of the Defence Staff may designate. (lieu de service)

"rented accommodation" does not include accommodation rented by an officer or non-commissioned member from their dependants. (logement loué)

"types of accommodation" means

1. family housing, as defined in the Charges for Family Housing Regulations
2.  accommodation, other than family housing, appropriate for occupancy by an officer or non-commissioned member accompanied by their dependants, and
3.  accommodation, other than family housing, appropriate for occupancy by an officer or non-commissioned member who is unaccompanied or who has no dependants.(types de logement)

"unaccompanied differential" means, for each accommodation assistance area, the dollar difference between the local average accommodation cost for accommodation appropriate for occupancy by an unaccompanied officer or non-commissioned member and the weighted national average accommodation cost for such accommodation. (différence du coût d'habitation non accompagné)

"weighted national average accommodation cost" means, for each type of accommodation, a weighted average of all places of duty derived from weighting the local average accommodation cost by the military population serving at the place of duty to which the local average accommodation cost applies. (moyenne nationale pondérée du coût d'habitation)

(1.1) (Application) This instruction applies to an officer or non-commissioned member of the Regular Force, a member of the Reserve Force on Class "C" Reserve Service or a member of the Reserve Force on continuous Class "B" Reserve Service of 180 days or more who is relocated at public expense in respect of that Class "B" service.

(2) (Eligibility) Commencing 1 November 1981, an officer or non-commissioned member is entitled to a monthly Accommodation Assistance Allowance at a rate determined in accordance with the procedures set out in this instruction, in respect of

1. accommodation of a type designated by the Minister
   1. that is rented by a member or is family housing occupied by the member as defined in the Charges for Family Housing Regulations,
   2. that is occupied by the member or by the member and their dependants at an accommodation assistance area, and
   3. where the accommodation differential for the type of accommodation the member occupies is 12.5% or more of the weighted national average accommodation cost per square metre for the type of accommodation the member occupies; and
2. accommodation of a type designated by the Minister that is rented by the member and that is occupied by their dependants at the member's former place of duty in Canada, if
   1. the accommodation occupied by the member's dependants would qualify for Accommodation Assistance Allowance in accordance with subparagraph (a), if the member resided at that place of duty, and
   2. the member's dependants cannot be moved at public expense from that former place of duty because of a restriction imposed on their movement.

(3) (Rank groups) The allowance paid to an officer or non-commissioned member under this instruction shall be determined on the basis of occupancy of family housing or of occupancy of other accommodation and on the basis of the member's status, family size and rank group. The rank groups are determined as follows

1. rank group I: Pte;
2. rank group II: Lt, 2Lt, OCdt, MCpl, Cpl;
3. rank group III: Lt (CFR), WO, Sgt;
4. rank group IV: Capt, CWO, MWO;
5. rank group V: Maj, Capt (MED & DENT);
6. rank group VI: Col, LCol, Maj (MED & DENT); and
7. rank group VII: Gen Offr, Col (MED, DENT & LEG), LCol (MED & DENT).

(4) (General reduction) In recognition of general differences in the regional cost of living resulting from factors other than accommodation, and in recognition of the decreasing percentage of income that is applied to accommodation as income increases, the following general reductions shall be applied to the accommodation differential and to the unaccompanied differential:

1. (Geographic reduction) the accommodation differential and the unaccompanied differential for all types of accommodation, rank groups, status and family sizes shall be reduced to
   1. Alberta - 60% of the accommodation or unaccompanied differential, and
   2. Other provinces - 75% of the accommodation or unaccompanied differential; and
2. (Income reduction) the amounts determined after applying the geographic reduction shall be further reduced by
   1. rank groups I and II - no reduction,
   2. rank group III - 5%,
   3. rank group IV - 10%,
   4. rank group V - 15%,
   5. rank group VI - 20%, and
   6. rank group VII - 25%.

(5) (Accompanied members - rate of allowance) Subject to paragraphs (6) and (7), the allowance for an accompanied officer or non-commissioned member who is entitled under subparagraph (2)(a), or a member who is entitled under subparagraph (2)(b), is the amount obtained by multiplying the accommodation differential for the member's type of accommodation, reduced as established in paragraph (4), by the number of square metres specified in Table "A" to this instruction for the member's rank group and number of dependants.

TABLE "A" - RECOMMENDED SIZE OF ACCOMMODATION BY RANK GROUP
AND NUMBER OF DEPENDANTS

(6) (Limit) When the allowance determined under paragraph (5) for an officer or non-commissioned member who occupies family housing exceeds the allowance to which the member would be entitled if the member were occupying rented accommodation other than family housing in the same accommodation assistance area, the allowance to which the member is entitled shall be reduced to the amount to which the member would have been entitled if the member were occupying accommodation other than family housing.

(7) (Adjustments) Accommodation Assistance Allowance determined under paragraphs (5) and (6), for an officer or non-commissioned member who occupies family housing and whose charge for that family housing is below its base shelter value, shall be reduced to an amount equal to the amount by which the charge that the member pays for the family housing exceeds the weighted national average accommodation cost per square metre for family housing multiplied by the number of square metres specified in Table "A" to this instruction for the member's rank group and number of dependants.

(8) (Allowance - unaccompanied or without dependants) Accommodation Assistance Allowance for an entitled officer or non-commissioned member who is unaccompanied or who has no dependants and who is renting accommodation other than family housing or a single quarter in an accommodation assistance area shall be the highest value obtained for any rank group in accordance with the calculations in Table "B" to this instruction.

TABLE "B" - CALCULATION OF ALLOWANCE FOR AN OFFICER OR NON-COMMISSIONED MEMBER UNACCOMPANIED OR WITHOUT DEPENDANTS

NOTE:In table "B", "A" equals the weighted national average accommodation cost for unaccompanied members and "B" equals the unaccompanied differential reduced in accordance with paragraph (4).

205.45 - POST LIVING DIFFERENTIAL

(1) (Policy) Post Living Differential (PLD) is established as a means of stabilizing the overall cost of living of CF members and their families in order to maintain a relative and predictable cost of living no matter where in Canada the members are posted (excluding isolated posts). PLD rates represent the differential between the CF standard cost of living in Canada and the cost of living at established PLD areas. PLD rates are set annually based on a Treasury Board approved methodology.

(2) (Application of PLD) PLD is a taxable benefit payable to eligible members of the Regular Force and to members of the Reserve Force who are moved at public expense for service reasons, who rent or own a principal residence in a qualifying location.

(3) (Definitions) The definitions in this paragraph apply in this instruction.

"CF standard cost of living" means the weighted average of the cost of living of the Canadian Forces locations in Canada other than at isolated posts. (coût de la vie normalisé des FC)

"cost of living" means the sum of money required to provide for the following categories of household expenditures for a household of three persons, with a household income as may be determined from time to time by the Minister:

1. shelter,
2. food,
3. clothing,
4. furniture and other household items,
5. personal care,
6. medical and dental care,
7. domestic services, including childcare,
8. recreation,
9. transportation,
10. income tax,
11. sales tax, and

"marginal tax rate" means the second from the lowest personal federal tax rate combined with the applicable provincial or territorial tax rate without any surcharge or reduction. (taux marginal d'imposition)

"member" means an officer or non-commissioned member. (militaire)

"place of duty" has the same meaning as in CBI 209.80 (Application and Definitions). (lieu de service)

"Post Living Differential Area" means a location in Canada within the boundaries of a CF place of duty where the cost of living exceeds the CF standard cost of living in Canada. (secteur de vie chère)

"principal residence" means a dwelling in Canada, other than a summer cottage, other seasonal accommodation or a single quarter that is occupied by the member or their dependants and is situated at:

1. the member's place of duty, if their furniture and effects are located at that place,
2. the member's former place of duty, if the member is not authorized to move their furniture and effects at public expense to their place of duty,
3. the place where the member's furniture and effects were located on enrolment, if that place is a place of duty and the member is not authorized to move their furniture and effects at public expense to their place of duty, or
4. any other place of duty, selected place of residence or designated alternate location, if the member is authorized to move their furniture and effects at public expense to that place, except for the purpose of release or transfer to the Reserve Force.(résidence principale)

"service couple" means two members who are married or in a common-law partnership. (couple militaire)

(4) (Entitlement - Regular Force) Subject to paragraphs (7) to (19), a member of the Regular Force whose principal residence is located within a PLD Area is entitled to the monthly PLD established for that area.

(5) (Entitlement - Reserve Force) Subject to paragraphs (7) to (19), a member who, as a result of a period of Class "B" or "C" Reserve Service, is authorized to move their furniture and effects at public expense to their place of duty is entitled for that period of service to the monthly PLD established for that area if

1. that place of duty is within a PLD Area; and
2. the member's principal residence is located within that area.

(6) (Subsequent periods of service) Subject to paragraphs (7) to (18), a member who

1. commences a new period of Class "B" or "C" Reserve Service within one year of completing the entire period of service described in paragraph (5) (i.e., no early termination initiated by member); or
2. occupied single quarters during the initial period described in paragraph (5), and who would have been entitled to PLD if they had established a principal residence during that period, is entitled to PLD at the established rate if
   1. the new period of service is performed at the same place of duty as the previous period of service,
   2. that place of duty is within a PLD Area,
   3. the member's principal residence is located within that area, and
   4. the member has not transferred from the reserve unit to which he or she belonged at the time the initial period of service described in paragraph (5) commenced, to a local reserve unit.

(7) (Change in boundary of place of duty) If a geographical area that forms part of a place of duty is redefined under authority of CBI 209.80 (Application and Definitions), a member whose principal residence was located in that area, remains entitled to PLD at the established rate while they or their dependants occupy that residence, or in the case of a member on a period of Class "B" or "C" Reserve Service, until the end of that period of service.

(8) (PLD at other than the place of duty) For the purposes of this instruction,

1. when a PLD rate exists at the location of the principal residence, the member is entitled to the lower of the PLD rate for that location and the rate established for the member's place of duty provided that the member
   1. is posted from one place of duty to another place of duty and, although authorized, chooses not to move dependents, household goods and effects to the new place of duty and to maintain his/her principal residence at the former location, or
   2. is not posted, but chooses, and is authorized to move at his/her own expense to another location where they establish a principal residence, or
   3. is posted to a new place of duty and is as authorized by the Minister of National Defence to move to a location other than the place of duty, in accordance with CBI Chapter 209 (Transportation and Travelling Expenses), Section 9 (Integrated Relocation Pilot Program) where they establish a principal residence; and
2. when a member is posted from one place of duty to another place of duty and the member is authorized to move dependants to a selected place of residence in Canada under CBI 209.82 (Movement of Dependants), paragraph (1)(h), or, to a designated alternative location or selected place of residence in Canada under CBI 209.90 (Movement of Dependants, Furniture and Effects to Other Than the Place of Duty of the Officer or Non-commissioned Member), paragraph (5), if a PLD rate exists at the location of the new principal residence, the member is entitled to PLD at the established rate.

(9) (Not entitled) A member is not entitled to the PLD if

1. their principal residence is located at an isolated post as defined in CBI 205.40 ( Isolation Allowance); or
2. they are authorized an early move to an intended place of residence prior to release, regardless of location.

(10) (Joint occupation) A member is entitled to receive 75% of the PLD if he/she jointly occupies a principal residence with another member who is entitled to the PLD.

(11) (Service couple) If the members of a service couple who are each entitled to the PLD are serving at the same place of duty and jointly occupy a principal residence, each member is only entitled to receive 75% of the PLD rate.

(12) (Member of service couple posted) A member of a service couple referred to in paragraph (11) who is posted to a new place of duty is not entitled to receive the PLD in respect of the principal residence at the former place of duty. However, if the member is authorized to move household goods and effects and occupies a principle residence at the new place of duty, the member is entitled to PLD in accordance with paragraph (4) or (5) as applicable.

Note: Where a spouse, who is a member of the Reserve Force, is moved in accordance with CBI 209.80, but not for the purpose of a period of Reserve service at the new place of duty, the Reservist is moved as a dependant in accordance with paragraph (3)(a) (Definitions) of that Article and is not entitled to PLD.

(13) (Member of service couple on attachment) A member of a service couple referred to in paragraph (11) who is on an attachment and who maintains a principal residence at the former place of duty during the period of the attachment is deemed to serve at the former place of duty and to occupy that residence.

(14) (Member without dependants) A member without dependants who maintains a principal residence at a place of duty while serving on an attached posting, remains entitled to PLD at the rate established for that location for the duration of the posting.

(15) (Calculation) Where the current three-year rolling average for an individual location exceeds the CF standard cost of living, the difference is grossed up by the marginal tax rate for the representative CF family and divided by twelve to establish a monthly rate for that year. The rate and locations qualifying for PLD will fluctuate annually as economic conditions change.

(16) (Provision for Affordability) Where warranted, the Minister of National Defence may prescribe measures to ensure continued programme affordability.

(17) (Accommodation Assistance Allowance - Regular Force) A member who, on 31 March 2000, was receiving a monthly Accommodation Assistance Allowance under the Regulations Concerning Accommodation Assistance Allowance at a rate higher than that provided for under this instruction, is entitled to a monthly PLD at the higher rate until the earlier of

1. the date on which the amount provided for under this instruction exceeds the amount the member was receiving; and
2. the date on which the member moves from the principal residence.

(18) (Accommodation Assistance Allowance - Reserve Force) In the case of a member on a period of Class "C" Reserve Service, the member is entitled to receive Accommodation Assistance Allowance in accordance with paragraph (17), with the additional provision that the entitlement will terminate the earlier of paragraphs (a), (b), or the date that period of service ends.

(19) (Administrative Process) Members with their principal residence in a qualifying location who wish to request PLD must complete the Post Living Differential Request Form and submit it to their Unit Records Support for approval and processing. In approving each request, Unit Records Support authorities will confirm that the conditions of this instruction are satisfied, and enter approved requests into the Central Computation Pay System.

(TB # 830113, effective 1 Jan 03)

205.46: REPEALED BY TB # 830821, 18 SEPTEMBER 2003

205.461 - MATERNITY AND PARENTAL ALLOWANCES

(1) (Purpose) The purpose of maternity and parental allowances is to assist members with balancing the demands of military service with family responsibilities associated with the birth or adoption of their children. To achieve this purpose, the CF provides eligible members with time away from their military duties and compensation to care for their children free from undue financial or duty-related concerns.

(2) (Definitions) The definitions in this paragraph apply in this instruction.

"eligible allowances" means Foreign Service Premium, Post Living Allowance and Post Differential Allowance provided under CBI Chapter 10 (Military Foreign Service Instructions), Accommodation Assistance Allowance provided under CBI 205.43 and Post Living Differential provided under CBI 205.45, to which a member was entitled immediately prior to commencing maternity or parental leave (indemnités admissibles)

"MATA" means maternity allowance. (IMAT)

"maternity leave" means any period of leave without pay and allowances granted to a member under article 16.26 (Maternity Leave) of the QR&O and any period during which a member is exempted from training and duty under article 9.09 (Exemption from Training and Duty - Maternity Purposes) of the QR&O. (congé de maternité)

"member" means an officer or non-commissioned member. (militaire)

"PATA" means parental allowance. (IPAR)

"parental leave" means any period of leave without pay and allowances granted to a member under article 16.27 (Parental Leave) of the QR&O and any period during which a member is exempted from training and duty under article 9.10 (Exemption from Training and Duty - Parental Purposes) of the QR&O. (congé parental)

"period of service" means a period of service as a member of the Regular Force or the Reserve Force on Class "A", "B" or "C" Reserve Service. (période de service)

"Québec Parental Insurance Plan" means the plan established under an Act Respecting Parental Insurance R.S.Q., Chapter A-29.011. (régime d’assurance parentale du Québec)

"week" means a period of seven consecutive days beginning on a Sunday. (semaine)

(3) (Eligibility) A member is eligible to be paid MATA or PATA for the period set out in paragraph 4 if the member:

1. in the case of MATA, is granted maternity leave or, in the case of PATA is granted parental leave;
2. has completed at least six months of service in the CF immediately prior to :
   
   1. the birth of the member's child,
   2. the start of legal proceedings under the laws of a province to adopt a child and the placement of the child with the member for the purpose of adoption, or
   3. obtaining an order under the laws of a province for the adoption of a child;
3. subject to paragraphs (7) and (11), is eligible to receive and is in receipt of maternity or parental benefits, as applicable, under the Employment Insurance Act or the Québec Parental Insurance Plan, based solely on their service in the CF; and
4. agrees to serve a period of service equivalent to the period during which the member received MATA, PATA or both immediately on completing the maternity leave, parental leave or any other leave without pay and allowances as applicable.

(4) (Period of entitlement) An eligible member is entitled to be paid the allowance prescribed under paragraph (6) to a maximum of 364 days as follows:

1. MATA, for a period of up to 105 days under the Employment Insurance Act or 126 days under the Quebec Parental Insurance Plan as a result of receiving benefits under Employment Insurance or the Québec Parental Insurance Plan respectively, if the member is granted maternity leave; and
2. PATA, for a period of up to 259 days, if the member is granted parental leave.

(5) (Additional period of entitlement) When a member has received under the Québec Parental Insurance Plan 126 days of maternity benefits and 224 days of parental benefits, and remains on parental leave without pay and allowances, she is eligible to receive a further parental allowance for a period of 14 days at 93% of her weekly rate of pay and eligible allowances for each week, less any other income earned during this period.

(6) (Amount) Subject to paragraphs (7), (10), and (11), the amount of MATA or PATA payable to a member is calculated as the difference between 93% of the member's weekly rate of pay and weekly eligible allowances and the weekly amount that the member receives as maternity or parental benefits related to CF service under the Employment Insurance Act at the start of the period of entitlement or the weekly amount the member receives as maternity or parental benefits under the Québec Parental Insurance Plan based on the benefits payment the member has elected to receive under the Plan.

(7) (Two-week waiting period) Despite subparagraph (3)(c) and subject to paragraphs (10) and (11), if a member is subject to a two-week waiting period before receiving maternity or parental benefits under the Employment Insurance Act, the member is entitled to be paid MATA or PATA as the case may be for those two weeks, in an amount equal to 93% of the member's weekly rate of pay and weekly eligible allowances for each of those two weeks.

(8) (Weekly rate of pay) For the purpose of paragraphs (6) and (7), the weekly rate of pay

1. for a member of the Regular Force, is seven-thirtieths of the monthly rate of pay; or
2. for a member of the Reserve Force, is based on the number of paid days served on Class "A", "B" and "C" Reserve Service and Regular Force service in the 364-day period immediately prior to commencing maternity leave or parental leave, calculated as follows:

(9) (Reduced period of MATA and PATA) A member who does not have sufficient time remaining in their terms of service or period of service to serve the required period of service under subparagraph (3)(d), or chooses to serve a lesser period of service, is entitled to receive MATA and PATA during a period of service equivalent to the shorter of the period of service available to serve and the period of service the member chooses to serve.

(10) (Limitation) PATA is not payable to a member under paragraph (7) if the two-week waiting period is served by

1. a person in receipt of maternity benefits; or
2. another person who is also in receipt of parental benefits in relation to the same child.

(11) (Paid service during part of a week) If a member receives pay for part of a week, the member is entitled to a prorated amount of MATA or PATA for the remainder of the week calculated as follows:

(12) (Repayment) Subject to paragraph (13), a member, who does not serve the period of service agreed to under subparagraph (3)(d) at the end of the maternity leave, parental leave or any other leave without pay and allowances, shall repay all or a portion of the MATA, PATA or both, calculated as follows:

(13) (No repayment) The requirement to repay any amount determined under paragraph (12) shall be waived in the event of the death of the member or the release of the member under Item 3, 5(b) or 5(d) of the table to article 15.01 (Release of Officers and Non-commissioned Members) of the QR&O.;

(14) (New period of service) Subject to subparagraph (3)(d), a member who was not eligible to receive MATA or PATA solely because they did not have sufficient time remaining in their terms of service or period of service to serve the period of service required under subparagraph (3)(d) is entitled to receive MATA, PATA or both for the weeks of maternity or parental leave during which the member did not receive MATA or PATA as the case may be, if the member commences a new period of service within 30 days after the end of the maternity leave, parental leave or other leave without pay and allowances.

(15) (No reimbursement) A member shall not be reimbursed any amount that the member may be required to repay under the Employment Insurance Act or the Québec Parental Insurance Plan.

(16) (Application for benefits) Members shall apply for maternity and parental benefits using form DND 2268, Application Form for Maternity/Parental Benefits.

(Approved by TB effective 1 Jan 06)

205.465: REPEALED BY TB 830821,18 SEPTEMBER 2003

205.47 - ALLOWANCE FOR PERSONAL REQUIREMENTS - PERSONS HELD IN SERVICE CUSTODY

When a person who is subject to the Code of Service Discipline under paragraph 60(1)(d), (e), (f), (g), (h), (i) or (j) of the National Defence Act is held in service custody and is without funds, the commanding officer may approve payment to such person of an allowance for personal requirements at the rate of $1 a day for each day that person is held in custody.

205.475 – IMPRISONMENT ALLOWANCE

(1) (Purpose) The purpose of the imprisonment allowance is to support the rehabilitation of CF members who are serving a period of imprisonment in the Canadian Forces Service Prison and Detention Barracks (CFSPDB) and whose pay and allowances have been forfeited. Imprisonment allowance is based on participation in the daily work routine and rehabilitation programs, and is scaled to provide an incentive for full participation.

(2) (Entitlement) An officer or non-commissioned member, or a former officer or former non-commissioned member who is sentenced to imprisonment by a court martial and is committed to the CFSPDB is entitled, for each full day of imprisonment, to imprisonment allowance based on the member’s participation in rehabilitation and work programs, as determined by the Commandant of the CFSPDB, as follows:

1. $5.00 per day, if the officer or non-commissioned member or former officer or former non-commissioned member fully participates;
2. $2.50 per day, if the officer or non-commissioned member or former officer or non-commissioned member does not fully participate due to circumstances beyond their control; or
3. $1.00 per day, in any other case.

(3) (Administration) The Commandant of the CFSPDB shall forward to the approving authority the inmate’s claim for the Imprisonment Allowance and must ensure that the claim meets the following conditions:

1. claims are submitted on the 15th and the last day of each month using a Form CF 52 (General Allowance Claim);
2. section 1 of the Form CF 52 quotes this CBI as the authority; and
3. section 2 of the Form CF 52 (particulars) contains the following information:
   1. periods of payment; and
   2. if entitlement to various rates is applicable, dates annotating the rates for each period.

(4) (Advances) Advances of the imprisonment allowance are not authorized.

(TB # 831895 effective 4 April 2005)

205.48 - STRESS ALLOWANCE FOR TEST PARTICIPANTS

(1) Stress Allowance shall be payable to an officer or non-commissioned member who participates in physiological, psychological or other tests and experiments authorized by the Department of National Defence where exposure to abnormal stress and discomfort is anticipated, and where the tests and experiments are intended to further scientific or medical knowledge, at the rates prescribed below provided that the total amount payable for any one day shall not exceed $58.25:

1. at the rate of $11.69 per day for each day in which the member is subjected to a test or experiment and where abnormal discomfort or stress is anticipated as a result of that test or experiment; and
2. an amount not to exceed $46.56 per test or experiment when a member is exposed to extreme discomfort or stress resulting from that test or experiment.

(TB # 833038, effective 1 Apr 06)

205.49: REPEALED BY TB 830822, 18 SEPTEMBER 2003

205.50 - SPECIAL ALLOWANCE - SUPPLEMENTARY READY RESERVE

An officer or non-commissioned member of the Supplementary Reserve is entitled to an allowance of $300 on each occasion that the member is required to attend and does attend an annual assessment interview at a designated unit for the purpose of determining the member's suitability for service in the Supplementary Ready Reserve.

205.505 – COURT ALLOWANCE - RESERVE FORCE LEGAL OFFICERS

(1) (Application) This instruction applies to a legal officer of the Reserve Force who

1. occupies a position designated by the Minister for the purpose of this instruction; and
2. is on service for the sole purpose of participating in a court proceeding at the request of the Director of Military Prosecutions or the Director of Defence Counsel Services under section 165.15 or subsection 249.21(1) of the National Defence Act.

(2) (Entitlement) A legal officer is entitled to be paid a court allowance calculated as follows:

1. $550 for each day that the legal officer participates in a court proceeding; and
2. $550 for each day of preparation as follows:
   1. if the court proceeding is before a court of first instance, the number of days of preparation equals the number of court days under subparagraph (a) divided by three and then rounded up to the nearest full day, or
   2. if the court proceeding is before an appellate court, the number of days of preparation equals the number of court days under subparagraph (a) multiplied by three.

(TB # 829733, effective 9 May 02)

205.51 - PILOT TERMINABLE ALLOWANCE

(1) (Definition) In this instruction, "pilot" means an officer below the rank of colonel of the Regular Force who, on 1 April 1998, is qualified in the flying of an aircraft to the standard established in orders or instructions issued by the Chief of the Defence Staff.

(2) (Undertaking) The Chief of the Defence Staff may, where he or she considers it to be in the interests of the Canadian Forces, authorize the payment of Pilot Terminable Allowance to a pilot who meets the conditions established in paragraph (3) and who undertakes before 1 August 1998 to continue to serve as a pilot for a minimum period of five years duration.

(3) (Conditions) A pilot is eligible for Pilot Terminable Allowance if, on 31 December 1998, the pilot will have less than twenty-three years full-time paid service and, on the date of their undertaking, the pilot

1. has, within the past eight years, qualified as an aircraft captain to the standard established in orders or instructions issued by the Chief of the Defence Staff;
2. will, within a period of five months, complete any period of service during which release under item 4 of the table to article 15.01 (Release of Officers and Non-commissioned Members) of the QR&O is restricted in orders or instructions issued by the Chief of the Defence Staff;
3. will, within a period of five months, complete any minimum period of service required in accordance with orders or instructions issued by the Chief of the Defence Staff under article 15.07 (Voluntary Release After Subsidized Education or Training) of the QR&O; and
4. has at least five years remaining in the period of service on which the pilot is serving.

(4) (Amount) Pilot Terminable Allowance shall be an amount equal to $75,000 in respect of a pilot who had, on 31 December 1997

1. less than nine years of full-time paid service as a commissioned officer; or
2. at least eighteen years of full-time paid service.

(5) (Amount) Pilot Terminable Allowance shall be an amount equal to $50,000 in respect of a pilot who had, on 31 December 1997, at least nine years full-time paid service as a commissioned officer but less than eighteen years of full-time paid service.

(6) (Instalments) Pilot Terminable Allowance is payable in three equal instalments, the first instalment being payable on acceptance of the pilot's undertaking and the second and third instalments being payable on the first and second anniversaries, respectively, of the payment of the first instalment.

(7) (Repayment) A pilot who remains in the Canadian Forces for the minimum period of five years duration but, because of factors within their control, before the expiration of that period, becomes no longer qualified in the flying of an aircraft to the standard established in orders or instructions issued by the Chief of the Defence Staff, shall refund any portion of Pilot Terminable Allowance paid.

(8) (Reduction) The Chief of the Defence Staff may, having regard to any special and unforeseen circumstances, authorize a reduction in the amount of the allowance to be refunded under paragraph (7).

205.52: REPEALED BY TB 830758, 18 SEPTEMBER 2003

205.525 – RECRUITMENT ALLOWANCES

(1) (Purpose) In order to meet manning shortfalls in understrength military occupations, specific recruitment allowances (RAs) are available as an incentive to attract eligible applicants and provide compensation for the unique skills and qualifications they bring to the Canadian Forces (CF).

(2) (Understrength military occupations – interpretation) An understrength non-commissioned member (NCM) military occupation is one where

1.  the trained effective strength is equal to or less than 95% of the maximum authorized strength for that military occupation; and
2.  the untrained effective strength in the military occupation is insufficient to fill the gap between the trained effective strength and the maximum authorized strength within a period of two years. In determining the untrained effective strength in the military occupation, the average failure rate for the initial military occupation training over the past three years shall be considered.

(3) (Understrength military occupation list) When an NCM occupation is determined to be understrength, it may be added to the list of understrength occupations published by the Chief of the Defence Staff.

(4) (Understrength engineering occupations) When determining whether an engineering officer occupation is understrength, the criteria set out in paragraph (2) shall apply to the group of engineering occupations as a whole rather than to a single occupation.

(5) (Application) This instruction applies to an officer or NCM who meets the criteria set out in Table A for each RA subject to the conditions set out in that table.

Table A to CBI 205.525

(CDS 8 Jan 04, effective 18 Sep 03)

(6) (Eligibility) An officer or NCM to whom this instruction applies is eligible to receive a RA if they have not previously received a RA from the CF and they meet the eligibility criteria set out in Table B.

Table B to CBI 205.525

(7) (NCM qualifications) The list of acceptable qualifications for an NCM RA is set out at Table C. If the NCM is eligible for more than one type of RA due to the qualifications they possess at the time of enrolment or transfer, they may choose which one of the NCM RAs they receive.

Table C to CBI 205.525

(8) (Amount of allowance) Provided all other conditions are met, and subject to paragraph (9), the amount and condition of payment of each allowance is set out in Table D.

Table D to CBI 205.525

(9) (Previous financial assistance) Subject to the transitional provision set out at paragraph (15), the amount of RA shall be reduced if an officer or NCM has received previous financial assistance from the CF to obtain the qualification referred to in Table B. The revised amount of RA payable shall be determined as follows:

1. if a previous undertaking to serve incurred as a result of the receipt of financial assistance has been completed, or has been repaid, or a memorandum of understanding to repay has been signed, in accordance with the terms and conditions set out in QR&O 15.07 (Voluntary Release After Subsidized Education or Training) the total amount of the RA is payable; and
2. if no undertaking to serve was required but the financial assistance was provided to directly assist the applicant in obtaining the qualification related to the occupation, then a reduced RA equal to the total amount of the RA less the amount of the financial assistance provided is payable.

(10) (Conditions of payment) The conditions for payment of the reduced RA are the same as set out in Table D. If the payment is to be made in installments, the following formula will be used to calculate the revised installments:

(11) (Repayment of RA) If, because of factors within their control, an officer or NCM does not complete their minimum period of service for the reasons set out below, the officer or NCM shall repay that portion of the RA received as determined by the formula at paragraph (12):

1. a medical officer becomes no longer qualified to practice medicine in one of the Canadian provinces or territories;
2. a dental officer becomes no longer qualified to practice dentistry in one of the Canadian provinces or territories;
3. an engineering officer voluntarily transfers to a non-engineering occupation;
4. an NCM voluntarily transfers out of the understrength occupation assigned to them on enrolment or transfer;
5. an officer or NCM voluntarily releases from the CF under item 4 of QR&O article 15.01 (Release of Officers and Non-commissioned Members); or
6. an officer or NCM is compulsorily released for reason under items 1, 2 or 5(f) of QR &O article 15.01.

(12) (Repayment formula) If a member does not complete their period of service, the amount of RA that shall be repaid is calculated as follows:

Note: For the purposes of this paragraph, part of a month shall be considered a full month.

(13) (Full repayment – MOTP) Notwithstanding paragraph (12), an officer who receives a Medical Officer - MOTP RA under this instruction, but fails to become licensed to carry out the unrestricted practice of medicine in a Canadian province or territory within six months of the conclusion of the period of MOTP subsidization, shall repay the entire amount of the allowance.

(14) (Repayment waived) If an officer or NCM, before the expiration of the period of service they have undertaken to serve, no longer serves in the Regular Force, the requirement to repay the allowance shall be waived if the member:

1. is granted a voluntary release for compassionate reasons (see QR&O 15.071 (Voluntary Release After Receiving a Recruitment Allowance));
2. is compulsorily released for reasons other than items 1, 2 or 5(f) of QR&O article 15.01; or
3. is compulsorily transferred to another occupation.

(15) (Transitional Provision) An officer or NCM who first became entitled to an RA at any time prior to 1 October 2003, under one of the CBIs listed in this paragraph, shall continue to be subject to the terms and conditions set out in that CBI as it existed at the time of their enrolment or transfer:

1. CBI 205.52 (Medical Officer Direct Entry Recruitment Allowance);
2. CBI 205.53 (Dental Officer Direct Entry Recruitment Allowance);
3. CBI 205.531 (Recruitment Allowance – Post-Secondary Diploma or Certificate – Non-commissioned Members);
4. CBI 205.532 (Recruitment Allowance – Civilian Trade Qualified Non-commissioned Members);
5. CBI 205.533 (Recruitment Allowance – Military Occupation Qualified Non- commissioned Members); and
6. CBI 205.535 (Recruitment Allowance – Engineering Officers).

(16) (Termination of allowance) This instruction applies to a person eligible for the Engineering Officer RA before 1 April 2006.

(TB # 830758, effective 18 Sept 03)

205.53: REPEALED BY TB 830758 ON 18 SEPTEMBER 2003

205.531: REPEALED BY TB 830758 ON 18 SEPTEMBRE 2003

205.532: REPEALED BY TB 830758 ON 18 SEPTEMBER 2003

205.533: REPEALED BY TB 830758 ON 18 SEPBEMBER 2003

205.534: REPEALED BY TB 830758 ON 18 SEPTEMBER 2003

205.535: REPEALED BY TB 830758 ON 18 SEPTEMBER 2003