# 2021-180 Pay and Benefits, Allowance - Loss of operational allowances

Case summary

F&R Date: 2021-10-04

The grievor challenged the determination that he was not entitled to the Allowance - Loss of operational allowances (ALOA). He injured himself during mandatory group physical training, organized by an allied force, and was repatriated to Canada. He claims that the training was part of the mission and that the policy does not take into account the contemporary reality of operations.

The Initial Authority determined that the grievor's injury was directly caused by the physical training he participated in and that it constituted physical fitness training, as described in the exceptions of the relevant policy, section 205.536 of the Compensation and Benefits Instructions for the Canadian Forces (CBI). This rendered him disentitled.

The Committee determined that subsection (3) of CBI 205.536 explicitly provides for an exception to entitlement when a member is repatriated owing to an injury that occurred when the member was conducting physical fitness training, including mandatory activities.

The Committee noted that the CBI, as drafted, means that it is members who run risks and have to deal with the operational and financial impact of injuries that occur in these circumstances. The Committee is of the view that the CBI should be amended so that members who injures themselves while performing their duties and are then repatriated to Canada be entitled to ALOA.

The Committee recommended that no redress be granted.