A Systemic Review of Compensation Options for Ill and Injured Reservists-Report
Mandate
The Office of the Ombudsman (herein referred to as the Office) was created in 1998 by Order in Council to increase transparency in the Department of National Defence and the Canadian Armed Forces, as well as to ensure the fair treatment of concerns raised by Canadian Armed Forces members, departmental employees, and their families.
The Ombudsman is independent of the military chain of command and senior civilian management, reporting directly to the Minister of National Defence. The Office acts as a direct source of information, referral and education. It is also responsible for reviewing and investigating complaints from constituents who believe they have been treated improperly or unfairly by the Department of National Defence or the Canadian Armed Forces.
Executive Summary
The role of the Reserve Force has evolved dramatically over the last several years, with Reservists becoming even more of a critical component of the Canadian Armed Forces. In all facets of their training and employment, Reserve and Regular Force members are exposed to the risk of an injury that may jeopardize future health and employment.
Issues related to compensation for ill or injured Reservists are not new. In 2008, the Office published Reserved Care: An Investigation into the Treatment of Injured Reservists, which identified concerns with the adequacy and consistency of care and benefits provided to injured Reservists.
In response, the Minister of National Defence issued a letter fully supporting these recommendations and giving his assurance that activities were underway to address areas of concern.
In 2012, the Office released Reserved Care: A Follow Up into the Treatment of Injured Reservists, which raised new concerns regarding the policy and administration of Reserve Force Compensation. These concerns included: a convoluted process, delays in obtaining compensation, and a lack of awareness with regard to entitlements available under the Government Employees Compensation Act.
Following these reports, and in response to continued complaints related to Reserve Force Compensation, the Office launched A Systemic Review of Compensation Options for Ill and Injured Reservists in 2013.
Three main areas were reviewed – governance and administration of Reserve Force Compensation; its process and reporting procedures; and the level of knowledge and awareness among Reservists of the entitlements available under Reserve Force Compensation and the Government Employees Compensation Act.
During the review it became apparent that:
- There are inconsistencies when ceasing employment if a Reservist is ill or injured. Without clear direction on how or when to cease employment, some Reservists are being treated unfairly by this inconsistency.
- A complex application process has led to confusion, as well as delays. Further delays may occur due to the lack of tracking and service standards for the process, which has made it difficult for the Director Casualty Support Management to ensure that applications are adjudicated in a timely manner. The consequences of these delays can have significant financial impacts; not only for members but for their families; and
- Reservists and leadership are often unaware of available compensation options, their roles and responsibilities, policies, and/or procedures. This may impact not only whether a Reservist seeks compensation for injuries, but also the time it may take for eligible Reservists to access compensation.
With this in mind, the Office has made two recommendations to the Minister of National Defence:
- That the Department of National Defence and the Canadian Armed Forces improve the governance and administration of the Reserve Force Compensation process; and
- That the Department of National Defence and the Canadian Armed Forces take concrete steps to improve the knowledge and awareness of the compensation options available to ill and injured Reservists.
Introduction
Reservists play an extensive role within the Canadian Armed Forces both on domestic soil and on the international scene. In all facets of their training and employment, Canadian Armed Forces members are exposed to a high risk of injury, disease and illness.
Over the past seven years, the Office has released two reports concerning the provision of care to injured Reservists. Included in both reports was the issue of complexity associated with the process to obtain benefits through Reserve Force – Compensation During a Period of Injury, Disease or Illness (herein referred to as Reserve Force Compensation).
Reserve Force Compensation provides compensation to Reservists who suffer any injury, disease or illness which is attributable to military service, and that continues beyond the period of service during which it occured.1
In 2008, the Office published Reserved Care: An Investigation into the Treatment of Injured Reservists, which identified concerns with the adequacy and consistency of care and benefits provided to injured Reservists. In 2012, the Office released Reserved Care: A Follow Up into the Treatment of Injured Reservists, which raised new concerns regarding Reserve Force Compensation policy and administration. These concerns included: a convoluted process, delays in obtaining compensation, and a lack of awareness with regard to entitlements available under the Government Employees Compensation Act.
The 2012 follow-up report also reiterated a previous recommendation that periodic health assessments should be provided equally to members of the Primary Reserve and Regular Force. In light of this, the Office published The Feasibility of Providing Periodic Health Assessments to All Primary Reservists in 2015. This report was a joint study with the Department of National Defence, produced in partnership with the Canadian Forces Health Services Group. The Health Services Group is examining potential options to meet the demand of providing Primary Reservists with an assessment of medical fitness to meet operational requirements. The provision of periodic health assessments to Primary Reservists would enable the Canadian Armed Forces to maintain a baseline on Reserve Force health. Without periodic health assessments, there is a risk that Reservists may not be fit to deploy quickly on domestic operations, which could impact operational readiness. On the other hand, the risk of injury is real if unfit Reservists are sent on domestic operations.
The Office continues to receive complaints related to Reserve Force Compensation. These complaints, along with previous concerns raised specifically about Reserve Force Compensation, prompted the launch of A Systemic Review of Compensation Options for Ill and Injured Reservists in 2013. The former Chief of the Defence Staff2 wrote to our Office in support of this initiative.
Concurrent to the investigation into compensation options available to ill and injured Reservists, the Office also launched an investigation concerning Reservists and operational stress injuries. A Systemic Review of Canada’s Reserve Force and Operational Stress Injuries is scheduled to be released in 2016.
Also, in 2014 the Office launched a joint project with the Office of the Veterans Ombudsman to review the transition process for medically releasing members, including Reservists. This project will map the transition process for Regular Force members and all classes of Reservists, from the time a permanent medical category is recommended until their integration with Veterans Affairs Canada, after their release from the Canadian Armed Forces. The project is due to be completed in 2016.
Scope and Methodology
In light of the concerns raised through individual complaints, as well as those noted in previous systemic investigations, the Office conducted a review of the compensation options available to Reservists who experience an illness or injury attributable to military service.
The Office set out to review:
- the governance and administration of Reserve Force Compensation;
- its process and reporting procedures; and
- Reservists’ level of knowledge and awareness of the entitlements available under Reserve Force Compensation and the Government Employees Compensation Act.
The investigation commenced in November 2013 and began with a review of Office case files and information gathered during previous systemic investigations. The team conducted fifty-one interviews with: members of the Canadian Armed Forces leadership within the three elements, and employees from the Director Health Services Reserves, Director General Compensation and Benefits, Director Casualty Support Management and various Joint Personnel Support Units, Chief Reserves and Cadets, Veterans Affairs Canada, and Provincial Workers Compensation Boards.
When the term “Reservist” is used in this report, it is referring to members of the Primary Reserve, unless otherwise noted.
Background
Primary Reserve Force Classes of Service
The Reserve Force3 is a critical component of the Canadian Armed Forces that consists of officers and non-commissioned members who are employed mostly part-time and who may choose to sign up for tasks or missions.4 The Reserve Force consists of four sub-components, the largest of which is the Primary Reserve, which can be employed on three classes of service: Class “A”, Class “B”, and Class “C”.5
It is important to distinguish between the classes of service, as eligibility for some types of compensation, including Reserve Force Compensation, will primarily depend on which class of service they were employed at the time their illness or injury occurred, and whether the injury was attributable to service.
- Class “A”: Short periods of service up to a maximum continuous duration of 12 consecutive calendar days. The majority of members of the Primary Reserve are Class “A”, normally serving one evening per week and one weekend per month.
- Class “B”: Periods of service of 13 or more consecutive days. These are used for temporary full-time periods of employment, such as for members undertaking training, instructing at a training establishment, in support of training activities or for full-time positions within a unit. The Department of National Defence and the Canadian Armed Forces divide Class “B” service into periods up to 180 days and more than 180 days.6
- Class “C”: Periods of service used when the member is on full-time service in a Regular Force establishment position or is employed on operational duties approved by or on the behalf of the Chief of the Defence Staff.
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A member may also be employed on Class “C” on Special Duty Service,7 when he/she is serving in a Special Duty Area or as part of Special Duty Operation. The Minister of National Defence may designate such areas or operations where members are or may be exposed to conditions of elevated risk. These Reservists may be eligible for an extension of Class “C” service for personnel whose injury or illness was sustained on Special Duty Service.
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Compensation Options Available to Injured Reservists
There are a number of policies and directives that apply in the case of an injured Reservist, including those related to compensation. A comprehensive list of these can be found at Annex A.
When Reservists experience an injury or illness attributable to military service, they are eligible to apply for compensation. They may apply for an extension of Class “C” service for personnel whose injury or illness was sustained on Special Duty Service, for Reserve Force Compensation or for compensation pursuant to the Government Employees Compensation Act.8
It is important to note that Reservists cannot receive compensation through more than one program at the same time; they must opt either for compensation through Reserve Force Compensation, or pursuant to the Government Employees Compensation Act.
Extension of Class “C” Service for personnel whose injury or illness was sustained on Special Duty Service: may be authorized for members already on Class “C” on Special Duty Service, for three month increments to a maximum of 24 months, or until the member:9
- is declared medically fit,
- resumes active participation in the Reserve Force,
- resumes civilian employment held prior to going to a Special Duty Area; or
- is able to resume attendance at an educational institution, if they were a full-time student prior to deployment.
While on extension of Class “C” Service for personnel whose injury or illness was sustained on Special Duty Service, Reservists are considered entitled to continued medical care provided by the Canadian Armed Forces.
If the Class “C” on Special Duty Service has already ended, Reservists are no longer entitled to an extension. Although they may be eligible for Reserve Force Compensation or benefits under the Government Employees Compensation Act, they would no longer be eligible for full Canadian Armed Forces medical care. They would, however, remain eligible for care for their service-related injury.
Reserve Force Compensation: provides compensation to Reservists on Class “A,” “B” and “C” service whose injury, disease or illness is attributable to military service, and that continues beyond the period of service during which it occurred.10 It provides 100 percent military wage loss replacement and care by the Canadian Armed Forces, however only for the service related injury.
Compensation can continue at the discretion of the Minister, but cannot extend beyond:11
- the date of release, or
- the date on which treatment for the injury, disease, or illness is completed. Treatment is considered completed when the member is able to resume active participation in the Reserve Force, resume the occupation held at the time of injury, illness or disease, or to seek civilian employment, whichever occurs first.
The Government Employees Compensation Act: provides compensation to employees of the federal government, including Reservists,12 who have sustained a work-related injury. Provincial Workers’ Compensation Boards administer and adjudicate these claims in accordance with their respective provincial legislation on behalf of Employment and Social Development Canada. The benefits available under the Government Employees Compensation Act may cover lost wages for civilian and military employments, up to a maximum amount which is determined by each province. It also covers medical expenses associated with the work-related injury.
Findings and Recommendations
Governance and Administration
There is no clear direction on how to properly cease periods of Reserve service for members who become ill or injured.
Canadian Forces Military Personnel Instruction 20/04, “Administrative Policy of Class “A”, Class “B” and Class “C” Reserve Service”, is an internal directive meant to standardize the administration of all Reservists. The policy provides general guidance on when a period of service may be ceased. However, it does not specify how or when to cease periods of service when a Reservist becomes ill or injured.
This leads to inconsistencies in the manner in which the employing unit ceases a period of service. The Office found that in some instances, the employing unit would continue to employ the member until the period of service expired, and after that time would initiate a Reserve Force Compensation or Government Employees Compensation Act claim. In other cases, the employing unit would terminate the period of service prior to its end date, potentially causing the member to lose certain entitlements. For example, Reservists serving on Class “B” service more than 180 days have the same access to the full spectrum of care as a Regular force member, for as long as they are employed. However, once their period of service expires, Reservists will only have access to care limited to the injury or illness that is attributable to service.
The application and review processes for Reserve Force Compensation are cumbersome and cause delays in the adjudication of the files.
In order to report injuries attributable to service, or to apply for any of the compensation options, several forms must be completed (see Annex B for more details). The forms vary according to the type of compensation, the element to which the Reservist belongs (i.e., army, navy or air force) as well as the class of service during which the injury occurred. Due to the complex nature of the application process, the Office found that incomplete applications are often submitted, sometimes with forms missing altogether.
Further, the Reserve Force Compensation review process is lengthy. Once a Reservist submits a claim to the unit, it is reviewed at multiple levels within the chain of command where non-binding recommendations are provided each time. This review process differs depending on the element to which the member belongs. The application is then sent to the Director Casualty Support Management, where all Reserve Force Compensation claims are adjudicated.
On the other hand, applications for extension of Class “C” service for personnel whose injury or illness was sustained on Special Duty Service do not require the same level of review. Applications for this process go from the employing commanding officer directly to the Director Casualty Support Management. Additional information on the application process for each element and type of compensation can be found in Annexes C to G.
Due to the various levels of review, the processing of applications for Reserve Force Compensation can be delayed up to six months. On the other hand, a claim processed under the Government Employees Compensation Act takes approximately 14 to 30 days, once received by the designated provincial Workers’ Compensation Board.
There is no tracking or performance measurement in place to determine the efficiency and effectiveness of the Reserve Force Compensation process.
A Director Casualty Support Management directive13 recommends that a claim for Reserve Force Compensation should reach their organization for adjudication “as soon as possible, but no later than three months following the termination of the class of reserve service during which the injury, disease or illness occurred”.
This internal directive is not easily accessible nor well communicated within the Reserve Force, and the Director Compensation Support Management does not have the ability to enforce it. Once the application is submitted it must go through several levels within the chain of command; the Director Casualty Support Management does not have visibility of the claim until it reaches their organization.
Further, the service standard set out in the directive only suggests when a claim should reach the Director Casualty Support Management, it does not determine the efficiency and effectiveness of the Reserve Force Compensation process.
Recommendation 1
It is recommended that the Department of National Defence and the Canadian Armed Forces improve the governance and administration of the Reserve Force Compensation process by:
- Creating a functional authority who is accountable for the Reserve Force Compensation process, and who can reinforce the applicable policies and directives in place;
- Amending Canadian Forces Military Personnel Instruction 20/04 to provide clarity and consistency in the cessation of service due to service-related injuries and illnesses;
- Streamlining the Reserve Force Compensation process by:
- Standardizing and simplifying forms; and
- Ensuring that units forward claims directly to the Director Casualty Support Management for adjudication, within 30 days of the time the application was commenced.
- Standardizing and simplifying forms; and
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Creating a Defence Administrative Order and Directive to codify the Reserve Force Compensation process, including service standards or a performance measurement strategy to validate the effectiveness of the entire process.
Knowledge and Awareness
There is a lack of knowledge and awareness of the compensation options available to ill and injured Reservists.
It is important that Reservists understand the different options available to them when they experience a service-related illness or injury, so that they can be fully informed, choose the best option for their circumstances, and obtain timely financial compensation. In addition, Reservists must be aware that while receiving Reserve Force Compensation or compensation under the Government Employees Compensation Act, they will only receive medical care for the service-related injury.
Research Your Options! Reserve Force Compensation or Government Employees Compensation Act?
The option that is right for you doesn’t depend on your rank or your salary. Whether you’re a Corporal or a Lieutenant, both options are available to you. Your decision will be based on your specific employment situation.
If most of your income comes from civilian employment, you might want to consider a claim through the Government Employees Compensation Act. If you are working full-time for the Canadian Armed Forces, you may want to consider Reserve Force Compensation.
Remember, these are just guidelines! If you’re having trouble deciding which option is best for your situation, seek assistance through your chain of command or your provincial Workers’ Compensation Board.
Let’s explore examples:
A Class “A” Reservist with a full-time civilian job may choose to claim under the Government Employees Compensation Act because he/she would get coverage for both the civilian and Reserve income. If the same Reservist applied for compensation through Reserve Force Compensation, he/she would only be compensated for Class “A” service income, which is usually a few days per month.
A Reservist (Class “A” or “B”) with no civilian job might choose a claim through Reserve Force Compensation, which would cover 100 percent of his/her Class “A” service income. A claim under the Government Employees Compensation Act may also cover his/her military service income. However, depending on the province, this could be 75-90 percent of his/her wages.
The Office heard from unit leadership that Reservists have limited knowledge and awareness of Reserve Force Compensation and Extension of Class “C” Service for members whose injury or illness was sustained on Special Duty Service. This includes an unfamiliarity with the roles and responsibilities, of both members and their leadership, associated with accessing these types of compensation.
According to unit leadership, Reservists’ knowledge and awareness of the Government Employees Compensation Act was even more limited. Some unit leadership advised that they did not feel equipped with the tools and training to adequately inform Reservists of the compensation options available to them.
Of note, many Reservists have limited or no access to the internal Defence Information Network where many internal policies and procedures are located.
“Unit commanders and supervisors also require a basic understanding of the framework of care if they are to adequately discharge their responsibilities for the well-being of their subordinates. Formal information and training seminars for administrative staff, articles in military newspapers and journals, handbooks and guides, toll free numbers, Web sites and other electronic paper based products are all part of the CF effort to effectively spread the message.”
– Canadian Armed Forces, Caring for Our Own: A comprehensive approach for the care of CF ill and injured members and their families, first published May 2012, page 13. Ottawa.
Recommendation 2
It is recommended that the Department of National Defence and the Canadian Armed Forces take concrete steps to improve the knowledge and awareness of the compensation options available to ill and injured Reservists by:
- Making any relevant documents, policies, procedures and forms easily accessible on the internet and on the Defence Information Network.
- Committing the resources required for the development and implementation of a communications plan. This would include activities, products, timelines and metrics to reach and inform Reservists about available compensation options.
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Formalizing training on Reserve Force Compensation and the Government Employees Compensation Act, and defining the roles and responsibilities for all Reservists and their leadership within these processes.
Conclusion
This investigation has identified inconsistencies when ceasing employment if a Reservist is ill or injured. Without clear direction on how or when to cease employment, some Reservists are being treated unfairly. Reservists whose service is terminated prior to its expiry date may lose the opportunity to claim benefits and access services.
This investigation has also identified several concerns with Reserve Force Compensation administration. The application process differs amongst the three elements. It includes several stages of review prior to being adjudicated by the Director Casualty Support Management. This has led to confusion, as well as delays. It is also in contrast with the streamlined process to apply for extension of Class “C” service for personnel who sustained an injury or illness, where applications go from the employing commanding officer directly to adjudication.
Further delays may occur due to the lack of tracking and service standards for the process, which has made it difficult for the Director Casualty Support Management to ensure that applications are adjudicated in a timely manner. The consequences of these delays can have significant financial impacts; not only for members but for their families as well.
Finally, Reservists and leadership are often unaware of their roles and responsibilities, policies, or procedures surrounding the compensation options available to Reservists. This may impact not only whether a Reservist seeks compensation for injuries, but also the time it may take for eligible Reservists to access compensation.
Annex A: Policies and Directives
Some of these directives are only available on the internal Defence Information Network. Should you be unable to obtain further information through other sources, please contact the Office for assistance.
Legislation:
- Government Employees Compensation Act
- The Injured Military Members Compensation Act
- Canadian Forces Members and Veterans Re-establishment and Compensation Act
- The Pension Act
Queen’s Regulations & Orders (QR&O):
- QR&O Chapter 9 – “Reserve Service”
- QR&O Chapter 21 – “Summary Investigations and Boards of Inquiry”
- QR&O Chapter 34 – “Medical Services”
- QR&O Chapter 35 – “Dental Services”
Compensation and Benefits Instructions (CBI):
- Chapter 210 – “Entitlements and Grants”
- Chapter 210.72 – “Reserve Force – Compensation During a Period of Injury, Disease or Illness”
Defence Administrative Orders and Directives (DAOD):
- DAOD 2020-0, “Reserve Force”
- DAOD 5018-0, “Injured Members and Military Casualties”
- DAOD 5018-2, “Report of Injuries and Exposure to Toxic Substances”
- DAOD 7002-0, “Boards of Inquiry and Summary Investigations”
- DAOD 7002-2, “Summary Investigations”
Canadian Forces Administrative Orders (CFAO):
- CFAO 24-1, “Casualties – Reporting and Administration”
Canadian Forces General Messages (CANFORGEN):
- CANFORGEN 074/14 – “Reserve Force Compensation During a Period of Injury, Disease or Illness Under the Government Employees Compensation Act (GECA)”
- CANFORGEN 024/12 – “Reserve Force – Compensation During a Period of Injury, Disease or Illness
- CANFORGEN 213/11 – “Hazardous Occurrence Report Form DND 663”
- CANFORGEN 175/11 – “Entitlements of Reservists to CF Health Care”
- CANFORGEN 114/11 – “Posting to Joint Personnel Support Unit (JPSU)/SPHL”
- CANFORGEN 174/07 – “Extension of Class C Reserve Service for Personnel Whose Injury or Illness was Sustained on Special Duty Service”
- CANFORGEN 137/07 – “Training That Qualifies as Special Duty Service”
- CANFORGEN 089/03 – “Special Duty Areas (SDA)/Special Duty Operations (SDO)”
Director Casualty Support Management (DCSM) Directive and Procedures:
- Casualty Administration Manual – “Caring for our Own”
- DCSM Directive and Procedure 2.01 – “Reserve Force Compensation”
- DCSM Directive and Procedure 2.02 – “Extension of Class “C” Reserve Service Injury or Illness Sustained on Special Duty Service”
- DCSM Directive and Procedure 2.03 – “Government Employees Compensation Act (GECA)”
- Interim Policy – “Leave Travel Outside of Geographical Area While in Receipt of Disability Compensation (Reserve Force Compensation)”
Miscellaneous Guidance
- 6610-2 (D Res) Vice Chief of the Defence Staff letter – “Access to Medical Care Reserve Force Personnel,” dated November 2, 2011
- Canadian Forces Health Services Instruction 4090-02 – “Interim Guidance for the Delivery of Health Care to Reserve Force Personnel”
- Canadian Forces Military Personnel Instruction 20/04 – “Administrative Policy of Class “A”, Class “B” and Class “C” Reserve Service”
- Canadian Forces Military Personnel Instruction 07/03 – “Special Duty Areas/Special Duty Operations”
Annex B: Forms Explained
Glossary of Forms
CF 98 – “Report of Injury, Disease or Illness”
This form is required to report individual injuries that are sustained by Regular and Reserve Force members. Once completed, this form is kept on the members’ personnel and medical files. The original form remains with the Director Casualty Support Management for potential benefits with Veterans Affairs Canada.
DND 663 – “Hazardous Occurrence Report”
This form is used to report hazardous occurrences that involve members of the Canadian Armed Forces as well as civilian employees of the Department of National Defence. The General Safety Officer uses this form to prevent and report hazardous incidents.
DND 2398 – “Reserve Force Compensation during a Period of Injury, Disease or Illness” and DND 2346 – “Application for Extension of Class “C” Reserve Service for personnel whose injury or illness was sustained on Special Duty Service”
These forms collect similar information and are sent to the Director Casualty Support Management for approval, albeit via different processes. The Director Casualty Support Management uses the forms to determine an injured Reservist’s eligibility for Reserve Force Compensation or Extension of Class “C” Reserve Service for personnel whose injury or illness was sustained on Special Duty Service. Both application forms contain medical, member and civilian employer’s statements.
Use of Forms
Reserve Force Compensation
The following forms are to be completed:
- CF 98 – “Report of Injury, Disease or Illness”
- DND 663 – “Hazardous Occurrence Report”
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DND 2398 – “Reserve Force Compensation during a Period of Injury, Disease or Illness”
Extension of Class “C” Reserve Service for personnel whose injury or illness was sustained on Special Duty Service:
The following forms are to be completed:
- CF 98 – “Report of Injury, Disease or Illness”
- DND 663 – “Hazardous Occurrence Report”
-
DND 2346 – “Application for extension of Class “C” Reserve Service for personnel whose injury or illness was sustained on Special Duty Service”
Government Employees Compensation Act:
The following forms are to be completed:
- CF 98 – “Report of Injury, Disease or Illness”
- DND 663 – “Hazardous Occurrence Report”
- Provincial Workers’ Compensation Board documents, which vary from province to province
Annex C: Process map for Extension of Class “C” Service for personnel whose injury or illness was sustained on Special Duty Service
Endnotes
[1] Compensation and Benefits Instructions 210.72(2). The instruction also states that “attributable to military service means the injury, disease or illness must have arisen out of or be directly connected with military service. This meaning shall also be used when considering the aggravation of an existing injury, disease or illness”.
[2] Chief of the Defence Staff (2012-2015) General Lawson.
[3] Further information on the Reserve Force can be found in Defence Administrative Orders Directive series, 2020-0, “Reserve Force”.
[4] A mission is an “activity assigned to an individual, unit or force by an authority who has full command, operational command or operational control." A task is an “activity that contributes to the achievement of a mission.” (Defence Terminology Bank: http://terminology.mil.ca/index-eng.asp).
[5] Queen’s Regulations and Orders, Chapter 9, “Reserve Service”, and CF Military Personnel Instruction 20/04, “Administrative Policy of Class “A”, Class “B” and Class “C” Reserve Service.
[6] The divide of Class “B” service surrounding 180 days is a recurring threshold for benefits to Class “B” Reservists. The Injured Military Members Compensation Act expresses this as more than 180 days and 180 days or less. However, Canadian Armed Forces policies and regulations are inconsistent. Some refer to more than 180 days and up to 180 days, without noting what happens for terms of service of 180 days exactly. Other Canadian Forces policies and regulations are silent on the duration of periods of service when on Class “B”.
[7] Special Duty Service is refered to in the Pension Act,and defined in the Canadian Forces Members and Veterans Re-establishment and Compensation Act. See also CANFORGEN 089/03 – “Special Duty Areas (SDA)/Special Duty Operations (SDO)”, and Canadian Forces Military Personnel Instruction 07/03 “Special Duty Areas/Special Duty Operations”.
[8] Compensation and Benefits Instructions 210.72 (14) “Reserve Force – Compensation During a Period of Injury, Illness or Disease”.
[9] Compensation and Benefits Instruction 210.72 (13) “ Reserve Force – Compensation During a Period of Injury, Illness or Disease” and CANFORGEN 174/07“Extension of Class C Reserve Service for Personnel Whose Injury or Illness was Sustained on Special Duty Service”.
[10] Compensation and Benefits Instruction 210.72 (2) –“Reserve Force – Compensation During a Period of Injury, Illness or Disease”.
[12] Government Employees Compensation Act, section 3(1). This compensation would be available to Reservists on either Class “A”, Class “B” or Class “C” service.
[13] Director Casualty Support Management Directive and Procedure 2.01 – “Reserve Force Compensation”.
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