COMMON-LAW
1. Identification 1.1 Date of Issue 1.2 Application 1.3 Supersession 23 August 2006 This is an instruction that applies to officers and non-commissioned members of the Canadian Forces (“CF members”). CFAO 19-41 Common-Law Relationships NDHQ 1745-42-7 (D Pers Pol 2-2) Same-Sex Partner Benefits, 14 January 1997 This CMP Instruction is issued under the authority of Assistant Chief of Military Personnel (Asst CMP).
1.4 Approval Authority
1.5 Enquiries 1.6 Document content
Directorate Human Rights & Diversity (DHRD 2)
Part 1 - Policy Benefits Cohabiting in a Conjugal Relationship Submission of Forms Review of Forms Part 2 - Responsibilities
1.7 References Source References Partnership QR&O 1.075 Common-Law Partner and Common-Law QR&O 26.02 Domestic Events Affecting Pension, Annuity, Pay, Allowances, Benefits or Expenses.
PART 1 – POLICY
2. Overview
2.1
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The Canadian Forces (CF) acknowledges the rights of its members to form committed relationships such as marriages and common-law partnerships. Members in common-law partnerships have the right to enjoy the same recognition and benefits as persons in marriages.
2.2 This instruction provides further guidance to QR&O 1.075, Common-Law Partner and CommonLaw Partnership as it relates to the recognition of common-law partnerships by the CF.
3. Benefits
3.1 The establishment of a common-law partnership as defined in QR&O 1.075, Common-Law Partner and Common-Law Partnership is a necessary condition for entitlement to certain benefits under QR&O and other regulations, orders and directives made under the National Defence Act. 3.2 However, the establishment of a common-law partnership as defined in QR&O 1.075 may not establish a right to benefits under other laws or contracts, and clarification should be sought from the appropriate officials in all such circumstances.
4. Cohabiting in a Conjugal Relationship
4.1 Cohabitating in a conjugal relationship for the purposes of paragraph 2 of QR&O 1.075 includes: a. b. 4.2 During the period required under QR&O 1.075, any period of involuntary separation for military reasons is considered to be a period of cohabitation in a conjugal relationship, provided the CF member and the common-law partner: a. b. 4.3 2/4 were cohabitating together in a conjugal relationship prior to the period; and resumed cohabitation at the end of any such period. a CF member and partner residing together in a marriage-like relationship; or residing together in a marriage-like relationship and experiencing a separation for military reasons.
Examples of involuntary separation for military reasons include: a. temporary duty; b. c. 4.4 During the period required under QR&O 1.075, any period where the CF member and partner were apart, or periods where it is less clear that the CF member and partner have been cohabiting in a conjugal relationship, may be considered to be a period of cohabitation in a conjugal relationship, provided the CF member and the common-law partner meet some or all of the following conditions. In such relationships, the specific circumstances of the relationship, including the factors outlined below, should be considered. Some factors to be considered include: a. b. c. the demonstrated intention of the parties to live together in a conjugal relationship; if they are maintaining separate residences, the reasons for this; personal behaviour and the nature of the relationship, including: (1) the quantity and nature of the time spent together; (2) the existence of shared financial and economic arrangements and ownership of property; (3) the level of involvement each has in the other’s life; and (4) social behaviour, including the parties acknowledging and representing themselves in the community as common-law partners. attached posting; and unaccompanied posting (e.g., a six-month UN tour).
5. Submission of Forms
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5.1 To notify the CF of a common-law partnership, a CF member must submit the following completed forms to the commanding officer (CO): a. b. 5.2 .In cases where it is less clear that a CF member and partner have been cohabiting in a conjugal relationship, the CF member should provide additional information, based on the factors in paragraph 4, Cohabiting in a Conjugal Relationship, for due consideration by the CO. a. Separate forms must be completed by both the CF member and the common-law partner (including where the common-law partner is also a CF member). b. To notify the CF of the dissolution of a common-law partnership, a CF member must submit a completed form Statutory Declaration – Proof of Permanent CommonLaw Partnership Breakdown to the CO. Common-Law Partnership Application, and Statutory Declaration –Recognition or Re-establishment of a Common-Law Partnership
6. Review of Forms
6.1 The CO will review the submitted forms, and if satisfied that the requirements of this policy have been met, the CO shall submit the forms to the records support unit (URS) for administrative action. If not satisfied, the CO shall so advise the member accordingly. 6.2 In cases of declarations that are not straightforward, such as those which involve periods where the partners are apart, the request may be forwarded to legal advisors or to the staff responsible for this policy (DHRD) for further review, consultation and advice. 6.3 The information submitted on the forms should be accepted without further examination unless reasons exist to believe that the information is false or incorrect. PART 2 – RESPONSIBILITIES
7. Responsibilities
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7.1 The CO is responsible for: a. reviewing and endorsing the forms submitted by CF members; and b. 7.2 The CF member is responsible for: a. submitting the forms required under this policy; and b. advising the CO and URS of any change in common-law partnership as required under QR&O 26.02, Domestic Events Affecting Pension, Annuity, Pay, Allowances, Benefits or Expenses. submitting the forms to the records support unit (URS) for administrative action.
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