COMMON-LAW
1. Identification
1.1 Date of Issue 23 August 2006
1.2 Application This is an instruction that applies to officers and non-commissioned
members of the Canadian Forces (“CF members”).
1.3 Supersession CFAO 19-41 Common-Law Relationships
NDHQ 1745-42-7 (D Pers Pol 2-2) Same-Sex Partner Benefits, 14
January 1997
1.4 Approval This CMP Instruction is issued under the authority of Assistant Chief
Authority of Military Personnel (Asst CMP).
1.5 Enquiries Directorate Human Rights & Diversity (DHRD 2)
1.6 Document content
Part 1 - Policy
Benefits
Cohabiting in a Conjugal Relationship
Submission of Forms
Review of Forms
Part 2 - Responsibilities
1.7 References
Source References QR&O 1.075 Common-Law Partner and Common-Law
Partnership
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 Common-
Law 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. a CF member and partner residing together in a marriage-like relationship; or
b. residing together in a marriage-like relationship and experiencing a separation
for military reasons.
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. were cohabitating together in a conjugal relationship prior to the period; and
b. resumed cohabitation at the end of any such period.
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Examples of involuntary separation for military reasons include:
a. temporary duty;
b. attached posting; and
c. unaccompanied posting (e.g., a six-month UN tour).
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. the demonstrated intention of the parties to live together in a conjugal
relationship;
b. if they are maintaining separate residences, the reasons for this;
c. 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.
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. Common-Law Partnership Application, and
b. Statutory Declaration –Recognition or Re-establishment of a Common-Law
Partnership
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 Common-
Law Partnership Breakdown to the CO.
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. submitting the forms to the records support unit (URS) for administrative action.
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.
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