QR&Os: Volume III - Chapter 208
Fines, Forfeitures and Deductions

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Amendment List:

History:

Section 1 - General

208.01 - DEFINITIONS

For the purpose of this chapter:

civil tribunal(tribunal civil)
means a court, in or out of Canada, of ordinary criminal jurisdiction and includes a court of summary jurisdiction;
deduction(déduction)
means an amount chargeable against the pay and allowances of an officer or non-commissioned member imposed under
  1. article 27.38 (Administrative Deductions - Overdue Non-Public Accounts), or
  2. article 38.03 (Administrative Deductions), or
  3. paragraph (3) of article 208.31 (Forfeitures, Deductions and Cancellations - When No Service Rendered), or
  4. article 208.40 (Deductions for Transportation of Recovered Absentees or Deserters), or

  5. (REPEALED 9 JANUARY 2001)
  6. article 208.44 (Deductions for Provision of Medical Care and Dental Treatment for Dependants), or
  7. article 208.45 (Deductions for Recovery of Additional Payment Received in Performance of Duties), or (7 May 1970)
  8. article 208.50 (Deductions for Provision of Single Quarters and Covered Residential Parking), or (28 March 1974)
  9. article 208.505 (Deductions for Provision of Rations), or (28 March 1974)
  10. article 208.51 (Deductions for Provision of Family Housing and Covered Residential Parking); and (1 September 2001)
forfeiture(suppression)
means the deprivation of the pay and allowances of an officer or non-commissioned member for any specific day or days except
  1. allowances prescribed in the Military Foreign Service Regulations (Volume IV of the QR&O, Appendix 4.3), Isolation Allowance under CBI 205.40 (Isolation Allowance) and any other special allowance that is authorized from time to time if issued at a rate that recognizes that the dependants of the member are located in the allowance area, and (1 September 2001)
  2. in the case of a non-commissioned member undergoing detention or imprisonment in a service prison, Clothing Upkeep Allowance.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.02 - APPLICATION OF REGULATIONS

The pay and allowances of an officer or non-commissioned member are subject to:

  1. the forfeitures and deductions prescribed in this chapter; and
  2. any fine imposed upon him by a service tribunal.

(T)

(208.03: NOT ALLOCATED)

208.04 - ADVANCES OF PAY AND ALLOWANCES WHEN FORFEITURE OR DEDUCTION IMPOSED

(1) Within the limitations prescribed in this article and notwithstanding that his pay account may be placed in debt thereby, an officer or non-commissioned member may be paid an advance of pay and allowances during any period that:

  1. he is subject to a forfeiture, except in respect of a period of absence without leave or of desertion; or
  2. he is in civil custody awaiting trial; or
  3. as a result of an alleged offence, he is in hospital awaiting trial by a service tribunal or a civil tribunal for that offence; or
  4. a deduction imposed on his pay and allowances is being recovered at a rate that would restrict the issue of pay and allowances to a rate less than the appropriate rate prescribed in paragraph (2) of this article.

(2) During any period prescribed in paragraph (1) of this article:

  1. in the case of an officer, advances shall, with the approval of the commanding officer, be paid
    1. to the officer, at a rate not exceeding $10 a month for personal requirements, and
    2. to the mess of the officer, on his behalf, in the amount of any mess account incurred by him during that period but not exceeding $15 a month; or
  2. in the case of a non-commissioned member, advances shall be paid to the non-commissioned member at the rate of $1 a day for personal requirements.

(1 October 1977)

(3) Prior to committal to a Service Detention Barracks and with prior approval of the commanding officer, an advance of unearned pay may be made to a non-commissioned member who does not have sufficient personal funds or earned pay, for the purchase of clothing, equipment and miscellaneous requirements in an amount not exceeding the cost of the clothing, equipment and miscellaneous requirements. (27 May 1982)

(4) Any payment made under paragraphs (2) or (3) of this article shall be charged to the pay account of the officer or non-commissioned member concerned and shall not be regarded as a remission of any portion of the forfeiture or deduction. (27 May 1982)

(T) (T.B. 782197 of 27 May 1982)

(208.05: NOT ALLOCATED)

(208.06 AND 208.07: REPEALED BY T.B. 828432 OF 9 JANUARY 2001)

(208.08: NOT ALLOCATED)

208.09 - DEBIT AND CREDIT BALANCES - RECOVERED ABSENTEES

When an officer or non-commissioned member, who has been absent without authority for a continuous period of more than 14 days, is recovered:

  1. any debit balance incurred on or prior to his absence shall be charged against his pay account; and
  2. any credit balance remaining after settlement of any claims due to the public may, on the authority of the Chief of the Defence Staff, be paid to him.

(T)

208.10 - PAYMENT OF COST OF MAINTENANCE - PERSONNEL COMMITTED TO CIVIL GAOLS

(1) When an officer or non-commissioned member is sentenced to imprisonment for an offence under the National Defence Act and is committed to civil gaol, the Chief of the Defence Staff may authorize the payment of accounts for the maintenance of that officer or non-commissioned member while in civil gaol at such rates as he may deem reasonable.

(2) Payments under paragraph (1) of this article shall be in addition to the payment of the proper fees of sheriffs and other peace officers in respect of an officer or non-commissioned member so sentenced.

(T)

(208.11 TO 208.19 INCLUSIVE: NOT ALLOCATED)


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Section 2 - Fines

208.20 - FINES IMPOSED BY SERVICE TRIBUNAL

A commanding officer may direct that a fine imposed upon an officer or non-commissioned member by a service tribunal shall:

  1. be charged to the pay account of the officer or non-commissioned member; and
  2. be recovered from his pay and allowances at the rate determined by the commanding officer.

(T)

208.21 - FINES IMPOSED BY CIVIL TRIBUNAL

When a fine and any costs are imposed upon an officer or non-commissioned member by a civil tribunal and payment thereof from public funds is authorized by the commanding officer under article 19.58 (Payment of Fines and Costs), the amount of the payment shall be:

  1. regarded as an advance of pay and allowances;
  2. charged to the pay account of the officer or non- commissioned member concerned; and
  3. treated as if it were an overpayment of pay and allowances for the purposes of paragraph (3) of article 203.04 (Overpayments).

(T)

(208.22 TO 208.29 INCLUSIVE: NOT ALLOCATED)


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Section 3 - Forfeitures

208.30 - FORFEITURES - OFFICERS AND NON-COMMISSIONED MEMBERS

(1) Subject to paragraph (2), one day's forfeiture shall be imposed upon an officer or non-commissioned member for each day the member is:

  1. absent without leave when the member has been found guilty of that offence;
  2. absent as a deserter when the member has been found guilty of desertion;
  3. undergoing a punishment of imprisonment imposed by:
    1. a service tribunal, or
    2. a civil tribunal;
  4. in civil custody awaiting trial by a civil tribunal if the civil tribunal subsequently finds the member guilty of an offence; or
  5. in hospital awaiting trial by a service tribunal or a civil tribunal if:
    1. the tribunal subsequently finds the member guilty of an offence,
    2. in the opinion of the medical officer attending the member, the period of hospitalization is a direct result of the commission of the offence of which the member was convicted, and
    3. the officer commanding the command or formation concurs with the opinion of the medical officer.

(2) An officer or non-commissioned member is not subject to a forfeiture for any period the member is in civil custody while on leave with pay and allowances.

(3) Where a punishment of detention is imposed by a service tribunal on a non-commissioned member above the rank of private, a forfeiture shall be imposed, for the duration of the period during which the member is undergoing the punishment of detention, that is equal to the difference between:

  1. the pay and allowances for a private, pay level 1, incentive pay category 3, as set out in CBI 204.30 (Pay - Non-commissioned Members) or 204.53 (Pay - Non-commissioned Members), as applicable; and (1 September 2001)
  2. the pay and allowances the member would otherwise have been entitled to, had the member not been sentenced to detention.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.31 - FORFEITURES, DEDUCTIONS AND CANCELLATIONS - WHEN NO SERVICE RENDERED

(1) Except as prescribed in paragraph (3) of this article, when no military service is rendered by an officer or non-commissioned member during any period and no forfeiture has been imposed in respect of that period, an officer commanding a command or formation may direct that a forfeiture be imposed for the whole or any part of that period.

(2) When no military service has been rendered by a former officer or non-commissioned member during any period prior to his release, and no forfeiture has been imposed in respect of that period, an officer commanding a command or formation may direct that all or any part of his pay and allowances in respect of that period shall not be credited, or if credited, may direct that the applicable entries in his pay account be cancelled.

(3) When the release or transfer of an officer or non-commissioned member is cancelled under paragraph (2) of article15.50 (Reinstatement), the authority canceling the release or transfer may direct that a deduction be imposed in an amount equal to all, or any part, of the pay and allowances of the officer or non-commissioned member in respect of the period during which no military service has been rendered.

(4) This article does not apply in respect of an officer or non-commissioned member who is relieved from the performance of military duty under either article 19.75 (Relief from Performance of Military Duty) or article 101.08 (Relief from Performance of Military Duty - Pre and Post Trial), is in custody awaiting trial by a service tribunal, or is in hospital.(9 January 2001)

(T) (T.B. 828432 of 9 January 2001)

208.315 - FORFEITURES IN RESPECT OF LEAVE

Subject to any limitations prescribed by the Chief of the Defence Staff, such officers as the Chief of the Defence Staff may designate for the purpose may direct that a forfeiture be imposed upon an officer or non-commissioned member for:

  1. each day of annual leave granted to him in excess of his entitlement or granted to him otherwise than in accordance with regulations and orders in force from time to time;
  2. each day of compassionate leave granted to him for apparently urgent reasons and in respect of which he fails to subsequently verify that the alleged compassionate circumstances existed; or
  3. each day of any other type of leave granted to him otherwise than in accordance with regulations and orders in force from time to time.

(T) (T.B. 725180 of 14 February 1974)

208.317 - FORFEITURE OF SUBMARINE SPECIALTY ALLOWANCE

A forfeiture shall be imposed on an officer or non-commissioned member for the whole or any part specified by the Chief of the Defence Staff of Submarine Specialty Allowance paid to the member under CBI 205.41 (Submarine Specialty Allowance) for a period during which they are serving in a position

  1. as a student at a training course referred to in sub-subparagraph (2)(b)(ii) of CBI 205.41, if the member, at their own request, is not posted to a position referred to in subparagraph (2)(b) of CBI 205.41 on completion of the course;
  2. designated under sub-subparagraph (2)(b)(iii) of CBI 205.41, if the member, at their own request, is not posted to another position referred to in subparagraph (2)(b) of CBI 205.41; or
  3. as a student at a training course referred to in sub-subparagraph (2)(b)(ii) of CBI 205.41 or designated under sub-subparagraph (2)(b)(iii) of CBI 205.41, if after completing the service the member is posted to a position referred to in sub-subparagraph (2)(b)(i) of CBI 205.41 but ceases, at their own request and prior to the end of their posting, to serve in submarines.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.318 - FORFEITURE OF IMPROVISED EXPLOSIVE DEVICE BONUS - REGULAR FORCE

A forfeiture shall be imposed on an officer or non-commissioned member for the whole or any part specified by the Chief of the Defence Staff of the Improvised Explosive Device Bonus paid to the member under CBI 210.94 (Improvised Explosive Device Bonus - Regular Force), if, before completion of the period for which the bonus was paid, the member

  1. voluntarily withdraws his consent to participate in improvised explosive device activities;
  2. commences terminal leave; or
  3. is released from or transferred from the Regular Force.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.32 - CALCULATION OF PERIODS OF FORFEITURE

For the purpose of computing a period of forfeiture under article 208.30 (Forfeitures - Officers and Non-commissioned Members), an officer or non-commissioned member shall be regarded as absent, in custody, or in hospital for one day:

  1. when the period involved exceeds 24 consecutive hours
    1. for each complete period of 24 hours, or
    2. for any period remaining after the calculation of the complete 24 hour periods under subsubparagraph (i) of this subparagraph; or
  2. when the period involved does not exceed 24 consecutive hours, but is in excess of four consecutive hours.

(T)

208.33 - CONCURRENT FORFEITURES

When an officer or non-commissioned member is, for any specific day or days, subject to a forfeiture, any subsequent forfeiture imposed shall, to the extent that it purports to affect his pay and allowances for the same day or days, run concurrently with the forfeiture already in effect.

(T)

208.34 - ALTERATION OR SUSPENSION OF PUNISHMENT - EFFECT ON FORFEITURE

(1) When any punishment included in a sentence passed upon an officer or non-commissioned member results in the imposition of a forfeiture, and the punishment is subsequently altered or suspended, the only forfeiture that may be imposed is the forfeiture resulting from the altered or suspended punishment.

(2) If any forfeiture has been imposed on an officer or non-commissioned member as the result of a sentence passed upon him in excess of the forfeiture resulting from the altered or suspended punishment, the amount of the excess forfeiture shall be restored to the officer or non-commissioned member.

(T)

(208.35: NOT ALLOCATED)

208.36 - RESTORATION OF PAY AND ALLOWANCES

Notwithstanding anything in this section, the Chief of the Defence Staff may, in special circumstances, order the restoration of pay and allowances to an officer or non-commissioned member in respect of any period or any part thereof for which a forfeiture was imposed under sub-subparagraph (1)(c)(ii) or subparagraph (1)(d) of article 208.30 (Forfeitures - Officers and Non-commissioned Members).

(T)

(208.37 TO 208.39 INCLUSIVE: NOT ALLOCATED)

Section 4 - Deductions

208.40 - DEDUCTIONS FOR TRANSPORTATION OF RECOVERED ABSENTEES OR DESERTERS

(1) Except as prescribed in paragraph (2) of this article, when an officer or non-commissioned member has been found guilty of absence without leave or desertion, the actual cost of his transportation and accommodation for the journey from the place of his apprehension or surrender to the base or other unit or element at which his trial is held shall be deducted from his pay and allowances.

(2)(a) The Chief of the Defence Staff may, on the recommendation of an officer commanding a command, remit all or any portion of the cost of transportation and accommodation deducted from the pay account of an absentee or deserter.

(b) An officer commanding a command should not, unless special circumstances exist, recommend remission of the deduction when it can be liquidated within three months.

(T)

208.41 - LIQUIDATION OF DEDUCTIONS

Any deduction imposed upon the pay and allowances of an officer or non-commissioned member shall be

  1. charged to his pay account;
  2. except as prescribed in subparagraphs (c) and (d) of this article, recovered from his pay and allowances until the deduction is wholly liquidated;
  3. if the deduction has been imposed under article 38.03 (Administrative Deductions), recovered from his pay and allowances at the rate determined by the commanding officer; and
  4. if the deduction arises under article 208.44 (Deductions for Provision of Medical Care and Dental Treatment for Dependents), recovered from his pay and allowances at the rate determined by the commanding officer over a period not exceeding six months, but the Chief of the Defence Staff may extend the period of recovery.

(T)

208.42 - AUTHORITY OF MINISTER IN RESPECT OF DEDUCTIONS

Notwithstanding anything in QR&O, any deduction authorized in this chapter to be made from the pay and allowances of an officer or non-commissioned member:

  1. may be remitted to such extent as may be determined by the Minister; and
  2. may, when deducted or recovered, be appropriated in such manner as the Minister may direct.

(T)

(208.43: REPEALED BY T.B. 828432 OF 9 JANUARY 2001)

208.44 - DEDUCTIONS FOR PROVISION OF MEDICAL CARE AND DENTAL TREATMENT FOR DEPENDANTS

(1) When the dependants of an officer or non-commissioned member are provided with medical care in accordance with article 34.23 (Provision of Medical Care Generally - Dependents), 34.24 (Provision of Medical Care at Semi-isolated Units), 34.25 (Provision of Medical Care at Isolated Units) or 34.26 (Provision of Medical Care - Overseas Areas), or dental treatment in accordance with article 35.11 (Dental Treatment of Dependants - Isolated Units), the officer or non-commissioned member concerned is subject to a deduction from his pay and allowances in full or partial payment of the charges, computed in the case of medical care in accordance with article 34.05 (Charges for Medical Care) or, computed in the case of dental treatment in accordance with paragraph (2) of article 35.11.

(2) For the purpose of this article "dependant" has the meaning prescribed in subparagraph (c) of article 34.01 (Definitions) and subparagraph (b) of article 35.01 (Definitions).

(T)

208.45 - DEDUCTIONS FOR RECOVERY OF ADDITIONAL PAYMENT RECEIVED IN PERFORMANCE OF DUTIES

An officer or non-commissioned member who while in receipt of pay and allowances, has accepted from anyone in addition thereto, contrary to any regulation, order or instruction, a salary, bonus, gratuity or other payment in respect of the performance of his duties is liable to a deduction from his pay and allowances equal to the amount of any such payment.

(T) (T.B. 697009 of 7 May 1970)

(208.46 TO 208.49 INCLUSIVE: NOT ALLOCATED)

208.50 - DEDUCTIONS FOR PROVISION OF SINGLE QUARTERS AND COVERED RESIDENTIAL PARKING

(1) Subject to article 208.52 (Remission of Charges for Provision of Single Quarters, Rations, Family Housing or Covered Residential Parking), an officer or non-commissioned member who occupies a single quarter is subject to deductions from their pay and allowances in the amount of the monthly charge specified by the Minister in accordance with guidelines established by the Treasury Board for the type of quarter occupied by the member and its rating as determined in accordance with orders or instructions issued by the Chief of the Defence Staff (see article 28.20 - Single Quarters - Types and Allotment): (1 September 2001)

  1. when an officer or non-commissioned member is required to occupy a single quarter of a type prescribed for an officer or non-commissioned member of higher rank and classification because no single quarter of a type prescribed for his rank and classification is available, (see article 28.20), he is subject to deductions from his pay and allowances, in respect of the single quarter occupied by him, in a monthly amount that does not exceed the maximum deduction that would have been made had a single quarter of the type prescribed for his rank and classification been available; and
  2. except where he voluntarily occupies a single quarter of a type not prescribed for his rank,
    1. a private in incentive pay category 1 or 2 is subject to deductions from their pay and allowances, based on their salary level, and (1 September 2001)
    2. an officer cadet while occupying a single quarter at a Canadian Services College is subject to deductions from his pay and allowances based on comparability costs to an officer cadet attending a civilian university.

(2) An officer or non-commissioned member is not subject to deductions from his pay and allowances in respect of a single quarter occupied by him:

  1. on board a ship; or
  2. in the field or at other locations designated by the Chief of the Defence Staff; or
  3. in circumstances where the member would be entitled to Separation Expense under CBI 209.997 (Separation Expense) if quarters were not available. (1 September 2001)

(3) Where the rate of deduction for a single quarter occupied by an officer or non-commissioned member would, in the opinion of the Minister, result in an increase that would cause undue financial hardship, the Minister may authorize, where the increase is not solely due to annual market escalation, a three stage phase-in of the increase to be charged, at six-month intervals from the effective date of the increase.

(4) Where an officer or non-commissioned member who occupies single quarters also occupies covered residential parking, he is subject to a monthly deduction from his pay and allowances, in respect of the charges for that parking, in an amount equal to the appraised charges for similar facilities on the applicable market as determined by Central Mortgage and Housing Corporation.

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

208.505 - DEDUCTIONS FOR PROVISION OF RATIONS

(1) Subject to paragraph (2) and article 208.52 (Remission of Charges for Provision of Single Quarters, Rations, Family Housing or Covered Residential Parking), when an officer or non-commissioned member is, in accordance with orders or instructions issued by the Chief of the Defence Staff, on ration strength or is serving on a posting during which the member is provided with rations from other than military sources that are paid for by the Canadian Forces, the member is subject to a monthly deduction from their pay and allowances in an amount equal to one-twelfth of 296 times the average cost of (1 September 2001)

  1. the unprepared food required to provide one daily ration;
  2. the civilian labour involved in the preparation of one daily ration; and
  3. in the case of an officer, the cost of civilian labour involved in the provision of table service for one day;

as determined by the Minister, annually in advance, effective August 1 of each year.

(2) Deductions shall not be made from the pay and allowances of an officer or non-commissioned member when the member is posted in circumstances where they would be entitled to Separation Expense under CBI 209.997 (Separation Expense) if rations were not available or when the member is performing duties designated as operational duties by the Chief of the Defence Staff. (1 September 2001)

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.51 - DEDUCTIONS FOR PROVISION OF FAMILY HOUSING AND COVERED RESIDENTIAL PARKING

(1) Subject to article 208.52 (Remission of Charges for Provision of Single Quarters, Rations, Family Housing or Covered Residential Parking), an officer or non-commissioned member who is provided with family housing and, when applicable, covered residential parking is subject to deductions from their pay and allowances in respect of the charges therefor.

(2) The charges for family housing and covered residential parking provided to an officer or non-commissioned member shall be as determined from time to time under the Charges for Family Housing Regulations (Volume IV of the QR&O, Appendix 4.1).

(T) (TB. 829184 of 28 August 2001 effective 1 September 2001)

208.52 - REMISSION OF CHARGES FOR PROVISION OF SINGLE QUARTERS, RATIONS, FAMILY HOUSING OR COVERED RESIDENTIAL PARKING

In exceptional circumstances, the charges mentioned in article 208.50 (Deductions for Provision of Single Quarters and Covered Residential Parking), 208.505 (Deductions for Provision of Rations) or 208.51 (Deductions for Provision of Family Housing and Covered Residential Parking) may be wholly or partly remitted in accordance with orders issued by the Chief of the Defence Staff.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

208.53 - DEDUCTIONS FOR PROVISION OF SERVICE INCOME SECURITY INSURANCE PLAN - LONG TERM DISABILITY BENEFIT (SISIP-LTD) PREMIUMS

An officer or non-commissioned member who enrolled in the Regular Force on or after 1 April, 1982, is a member of the Service Income Security Insurance Plan - Long Term Disability Benefit (SISIP-LTD), and as such, is subject to a monthly deduction from his pay and allowances to provide for the Long Term Disability Benefit premium.

(T) (T.B. 783445 of 8 July 1982 effective 1 April 1982)

(208.54 TO 208.99 INCLUSIVE: NOT ALLOCATED)