Cadets: An Investigation of the Support Provided to Cadets Who Suffer an Illness or Injury as a Result of a Cadet Activity

The Office of the Department of National Defence and Canadian Forces Ombudsman was created in 1998 by Ministerial Directive¹ 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 families².

The Office is a direct source of information, referral, and education for the men and women of the Department of National Defence and the Canadian Armed Forces. Its role is to help individuals access existing channels of assistance or redress when they have a complaint or concern. The Office 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. In addition, the Ombudsman may investigate and report publicly on matters affecting the welfare of members and employees of the Department or the Canadian Armed Forces and others falling within his jurisdiction. The ultimate goal is to contribute to substantial and long-lasting improvements to the defence community.

Any of the following people may bring a complaint to the Ombudsman when the matter is directly related to the Department of National Defence or the Canadian Armed Forces:

• a current or former member of the Canadian Armed Forces 
• a current or former member of the Cadets
• a current or former employee of the Department of National Defence
• a current or former non-public fund employee
• a person applying to become a member
• a member of the immediate family of any of the above-mentioned
• an individual on an exchange or secondment with the Canadian Armed Forces

The Ombudsman is independent of the military chain of command and senior civilian management and reports directly to the Minister of National Defence.

In December 2015, our Office launched a systemic review of the Canadian Cadet Program to identify any issues of unfairness that might arise should a cadet be seriously injured or killed during an approved Cadet activity. This review set out to determine what cadets (and/or their families) would be entitled to, and the process to access those entitlements.

• It assesses similarities and differences in the benefits offered to people involved in cadet or youth activities:
• Canadian Armed Forces members and employees of National Defence;
• cadets from allied countries comparable to Canada; and
• members of other Canadian youth organizations.

We also looked at Canadian federal and provincial insurance and benefit schemes to see if or how they compensate ill and injured youth.

Overall, we found that Canadian cadets, although treated fairly following minor incidents, are not treated on par with Canadian Armed Forces members or civilians involved in cadet activities when it comes to compensation for serious, life-changing injuries and illnesses.

We also found that information on how to access Canadian cadet health care entitlements is not readily available, and the process is not well understood.

Our review concludes that when it comes to access to long-term care and compensation, not much has changed since the 1974 Valcartier grenade incident. More needs to be done to support our most vulnerable participants of the Cadet Program.

With this in mind, our Office has made the following four recommendations to the Minister of National Defence:

1. We recommend that, in the event of an illness or injury arising out of an approved cadet activity, the Department of National Defence and the Canadian Armed Forces ensure that cadets are compensated and supported in a manner that is commensurate with the compensation and support available to members of the Canadian Armed Forces.
2. With regard to the general availability of information on cadet entitlements, we recommend that the Department of National Defence and the Canadian Armed Forces complete the following activities in time for summer training 2017:
   1. Amalgamate information on cadets’ health care entitlements and Cadet League accident insurance policies and the process to access them;
   2. Provide this information to all those in charge of supervising cadets;
   3. Ensure compliance with the process;
   4. Publish the same detailed information on the Internet; and
   5. Include the same detailed information in documents provided to cadets and their families.
3. As part of the next annual review of the accident insurance policies of the Cadet Leagues, we recommend that the Department of National Defence and the Canadian Armed Forces ensure that the benefits are identical across the three Cadet Leagues.
4. We recommend that the Department of National Defence and the Canadian Armed Forces conduct necessary consultations and institute policies and procedures regarding Staff Cadets’ possible entitlements to compensation in case of illness or injury arising from their duties.

In many ways, the Canadian Cadet Program is similar to any average other youth groups: it is an organization involving youth participating in recreational activities, with parental consent, supervised by adults. The Cadet Program helps youth develop important life skills, such as teamwork and leadership, and it provides a sense of adventure.

These same characteristics apply to Scouts Canada and to the cadet programs of several of our foreign allied countries, such as Australia and the United Kingdom. But there is one key aspect to the Canadian program that sets it apart from these other groups: our cadets fall under the direct control and supervision of members of the Canadian Armed Forces¹ via the Cadet Instructor Cadre.

In contrast, Scouts are led by civilians, and Australian and British cadets are led by civilians who are under the guidance of the Defence Forces. The direct relationship between Canadian cadets and Canadian Armed Forces members places specific responsibility on the Department of National Defence and the Canadian Armed Forces to provide accessible and equitable support to cadets (and their families) if they are injured, become ill or die as a result of events falling under their supervision.

Our investigation found that there is a variety of entitlements available to ill and injured cadets and their families, such as health care provided by the Canadian Armed Forces and accident insurance coverage provided by the Cadet Leagues of Canada.

A cadet who suffers a minor, temporary illness or injury (such as a cut or sprain) will be cared for under the current policies and protocols governing their care. It is important that cadets, their families, as well as cadet instructors and supervisors, be well informed of cadets’ entitlements and the process to access them.

In the rare event of more serious, life-changing illnesses or injuries (such as dismemberment or paralysis), cadets would not be as well supported as the other participants of the Cadet Program (for example, the Cadet Instructor Cadre and civilian instructors) or cadets from in some of our allied countries. Canadian cadets are eligible for a less insurance coverage than the adults to whom they report. A cadet’s parent or guardian would have to file a claim against the Crown in Federal or Provincial Court in order to seek additional compensation.

Although the National Defence Act gives the Canadian Armed Forces control and supervision over cadet organizations, cadets are not Canadian Armed Forces members nor are they National Defence employees. As such, they are ineligible to receive any compensation that would be afforded to members of the Canadian Armed Forces and employees of the National Defence in cases of life-changing illness or injury.

In July 2015, our Office published a report² on our investigation into the treatment of dozens of army cadets who were involved in a deadly grenade explosion at a cadet summer training centre in Valcartier in 1974.

Our Valcartier investigation revealed that cadets and their Canadian Armed Forces supervisors had different entitlements and received different compensation, even though they had been injured in the same incident. More specifically, our investigation found that ill and injured cadets did not automatically receive long-term care, compensation or benefits due to the laws and statutes in effect at the time of the incident. In contrast, Canadian Armed Forces members and National Defence employees were entitled to compensation. The Department of National Defence and the Canadian Armed Forces compensated only those cadets who made claims against the Crown.

It was evident to us that it was unfair to provide assistance, compensation and benefits to a group of Canadian Armed Forces members who were either directly or indirectly affected by the 1974 incident, yet not provide similar support to the cadets who were under their care and present during the explosion that day.

As a result, our Office made two recommendations to address the unfair gap in support available to cadets. The Department of National Defence and the Canadian Armed Forces accepted both recommendations. We continue to monitor the progress made in response to our recommendations.³

Many of the cadets who were present at the 1974 Valcartier grenade incident were left with long-lasting and life-changing injuries. As they were neither Canadian Armed Forces members nor employees of National Defence, they were not automatically entitled to benefits and compensation. Ill and injured cadets needing access to medical assistance that was not covered by provincial plans had to incur costs or do without. The only other option available for seeking compensation was to submit a claim against the Crown, which few of the cadets’ families did.

The current review set out to identify what present-day cadets (and/or their families) would be entitled to in case of illness, injury, or death as a result of a cadet activity in Canada, and the process to access those entitlements.⁴

We also set out to identify the entitlements offered to other individuals who suffer illness, injury, or death while participating in youth activities with a similar level of risk. These included Canadian Armed Forces members and employees of National Defence involved in cadet activities in Canada, and cadets from comparable allied countries (i.e., Australia and the United Kingdom).⁵

We expanded our research beyond cadet groups to look at entitlements provided to youth members of Scouts Canada, who participate in recreational activities in a civilian program supervised by adults.⁶

We also examined Canadian federal and provincial insurance and benefits schemes – Canada Pension Plan, workers’ compensation in Ontario, and Quebec government automobile insurance – to see if or how they compensate ill and injured youth (or beneficiaries, in cases of death). We chose these specific plans as comparators because the majority of Canadians are entitled to disability or death benefits through the Canada Pension Plan or workers’ compensation. We included the Société de l’assurance automobile du Québec as it is a large government-run insurance plan with specific provisions to compensate injured youth who cannot attend school or may be prevented from entering the workforce as a result of an illness or injury. 

We then examined how Canadian cadets are treated in comparison to these groups, and assessed whether any difference in entitlements result in unfairness for the cadets. In comparing entitlements and assessing fairness, we expected individuals to be treated similarly unless they differed in important ways that were relevant to the situation.

Additional information on the data collected and interviews conducted is outlined in Appendix A – Investigation Methodology.

Section 46 of the National Defence Act is the legislative authority for the Canadian Cadet Organizations.⁷ The Act places the cadet organizations under the control and supervision of the Canadian Armed Forces. The Act also states that the cadet organizations are not part of the Canadian Armed Forces..

The Canadian Cadet Organizations run the national Canadian Cadet Program, which is funded by the Department of National Defence and the Canadian Armed Forces, and supported by the Cadet Leagues of Canada, which are civilian non-profit organizations that exist through grants provided by National Defence and the Canadian Armed Forces. The roles and responsibilities of National Defence, the Canadian Armed Forces and the Cadet Leagues are set out in a 2005 Memorandum of Understanding, which are currently being reviewed.

The cadets are instructed and supported by a variety of individuals, including Staff Cadets, Cadet Instructor Cadre Officers, Primary Reservists, Regular Force members, civilian instructors and civilian volunteers.⁸ Descriptions of these individuals and their roles are included at Appendix B – Members of the Cadet Program.

The Canadian Cadet Organizations’ website explains that the Cadet Program is adventure-oriented and offers many challenging activities:

• Sea cadets specialize in sailing, seamanship, shipboard life, naval communications, power boat handling, boat repair, marine engineering, and Tall Ship training.
• Army cadets develop abilities in the use of map and compass, GPS technology, orienteering, first-aid, camping and survival skills, canoeing, abseiling, trekking, and mountain biking. More experienced cadets may be selected for parachuting, white-water rafting and glacier climbing. Army cadets may also become involved in Olympic-style marksmanship, biathlon, and sports competitions.
• Air cadets receive training in subjects such as power flying and gliding, aerospace, aircraft maintenance, navigation, outdoor survival, precision drill, as well as sporting activities such as biathlon and Olympic-style marksmanship.
• Experienced Air, Army and Navy cadets may also be selected to participate in training experiences overseas.

The Canadian Cadet Organizations have 21 Cadet Training Centres located across Canada where summer training takes place for Sea, Army and Air Cadets. More than 20,000 youths attend these centres each summer for two to six weeks at a time. Selection for summer training is based on their attendance, behaviour, academic achievement, and other attributes that they demonstrate throughout the training year. They are housed and fed and participate in training activities at the expense and under the supervision of the Canadian Armed Forces.

The Canadian Cadet Organizations acknowledge that cadet activities present some element of risk and that this danger is heightened because of the age of cadets.⁹

Though accidents like the Valcartier grenade explosion are the exception, our Office has stressed the importance of the Department of National Defence, the Canadian Armed Forces and the Canadian Cadet Organizations working together to put in place support in the event that something of this nature happens again.

“While cadets are not members of the military, the Canadian Armed Forces is charged with their well-being – a sacred responsibility that their families trust us with. The cadet organization’s highest priority is ensuring the protection, safety and welfare of all cadets.”¹⁰

- Lieutenant-General Guy R. Thibault, Vice Chief of the Defence Staff

We looked at the overall ‘package’ available to Cadets in addition to individual aspects of it. Overall, we found that cadets are not treated on par with others involved in cadet activities (e.g., Canadian Armed Forces members or civilian employees of National Defence) when it comes to compensation for serious, life-changing illnesses and injuries. Our main recommendation aims to remedy that. Understanding that this will result in a major change that will require some time, we also looked at individual aspects of what is in place now and made recommendations to improve certain aspects in the interim.

The charts at Appendix C – Entitlements Comparison Table, Appendix D – Insurance Comparison Table and Appendix E – Amounts Comparison Table summarize the entitlements available to cadets and the comparator groups.

Finding 1: When it comes to serious, life-changing illnesses and injuries, Canadian cadets are not treated on par with other participants of the Cadet Program (e.g., Canadian Armed Forces members or civilian employees of National Defence) and other comparator groups.

Our Valcartier report concluded that it was not fair to provide assistance, compensation and benefits to the military cadet instructors who were involved in the grenade incident, yet not provide similar support to the cadets who were also affected and under their care. More should have been done.

Today’s cadets are still excluded from a prescribed suite of compensation and benefits available to their instructors, who are Canadian Armed Forces members and civilian employees of National Defence. In the event of an accident resulting in death or a life-changing illness or injury, final recourse would still be through a legal claim against the Crown, as it was in 1974.

There are three different compensation mechanisms: one for Canadian Armed Forces members, one for National Defence employees, and one for cadets. In the event of an accident, access to these mechanisms is based on the status of the individual.

For example, if a cadet and a Cadet Instructor Cadre Officer, both assuming exposed to the same level of risk to participate in the same cadet activity, were to be victims of an accident and suffer the same permanent illness or injury, two very different compensation mechanisms would be available with different outcomes. In addition to Canadian Armed Forces benefits provided in accordance with Reserve Force Compensation or workers’ compensation, and insurance provided by the Service Income Security Insurance Plan,¹¹ the Cadet Instructor Cadre Officer would have access to Veterans Affairs Canada services and benefits. The cadet, however, would not have access to a government compensation mechanism. The only compensation available would be through the Cadet Leagues’ accident insurance policy.

Instead, cadets’ parents or guardians would have to file a claim against the Crown. This means that in order to be awarded compensation, a cadet would have to prove legal liability on the part of Crown. On the other hand, Canadian Armed Forces members would be entitled to compensation for an illness or injury related to service. Similarly, National Defence employees would be entitled to compensation for an illness or injury related to work. These two groups do not have to prove liability.

Providing access to an alternate means of compensation on par with other participants of the Cadet Program who experience a similar illness or injury would ensure that today’s cadets and their families are treated fairly.

The remaining findings and recommendations in this report are meant to address other issues in the interim.

Finding 2: Ill and injured Canadian cadets receive immediate medical attention and some medical benefits from the Canadian Armed Forces in addition to what is available under provincial and territorial health plans.

Canadian cadets who suffer an illness or injury today as a result of an authorized cadet activity receive certain entitlements through the Canadian Armed Forces. These are outlined in several documents (see Appendix F – Cadet-related Regulations and Policies).

The primary regulation governing cadets is the Queen’s Regulations and Orders for the Canadian Cadet Organizations (also known as QR Cadets).¹⁷  This regulation indicates that, for the purposes of determining entitlement to medical or dental treatment, a cadet performing cadet duty is entitled to the same care as a private of the Reserve Force who is performing Class “A” or Class “B” Reserve Service.¹⁸

Medical care entitlements for Reservists (and by extension cadets) are outlined in Queen’s Regulations and Orders 34.07 – Entitlement to Medical Care. Under this regulation, if the need for medical care is a result of duty or cadet activity, a Reservist and or cadet is entitled to medical care at the Canadian Armed Forces’ expense for the remaining period of duty; and, after the period of duty/activity, to such medical care at the Canadian Armed Forces’ expense as the attending physician may consider necessary and as authorized by the Canadian Armed Forces.

Dental care entitlements for Reservists (and by extension cadets) are outlined in Queen’s Regulations and Orders 35.04 – Entitlement to Dental Treatment. Again, if the injury is the result of duty or a cadet activity, the Reservist and or cadet are is entitled to the such treatment that as is necessary to restore a state of dental fitness comparable to that which existed prior to the injury, if such injury is not attributable to misconduct or imprudence.

Another key policy is the Canadian Forces Health Services Group Instruction 2500-05 – Cadet Care Invoice Payment (dated March 2011). This instruction states that the Canadian Forces Health Services Group is responsible for emergency care for cadets attending summer training programs. It goes on to explain that the Canadian Armed Forces will cover the cost of the health services that exceed provincial and territorial coverage and that are covered under the Canadian Armed Forces Spectrum of Care. This also applies to illnesses and injuries resulting from all other authorized cadet activities.

In the case of latent injuries (ei.g., if a health issue arises after an accident resulting from a cadet activity), the Canadian Armed Forces informed us that the cadet’s entitlement to health care still exists so long as the accident was reported and documented according to existing policies. For dental care specifically, Canadian Armed Forces policy acknowledges that some adolescent dental injuries cannot be fully managed until adulthood, and if further dental treatment is required, the Canadian Armed Forces will manage the care and expenses.²⁰

Information we collected from interviewees and documents shows minor differences in the provision of health care exist based on where the illness or injury occurs – Cadet Training Centres or local units (corps and squadrons).²¹ During summer training at Cadet Training Centres, ill and injured cadets receive immediate medical care at a Canadian Armed Forces walk-in clinic set up specifically to serve cadets. Should medical needs surpass what is available at the walk-in clinic, cadets are escorted to the nearest hospital where care is covered through their provincial or territorial health care plan.

While participating in local unit training activities, ill and injured cadets receive first aid by qualified supervisors. If required, they receive further medical services through their provincial or territorial health care plan.²²

Our investigation into the 1974 Valcartier grenade incident revealed that cadets received immediate medical care at the time of the incident; however, any cadets needing to access medical assistance not covered by provincial plans had to incur the cost themselves or do without.

Today, the Canadian Armed Forces covers the cost of health services that exceeds provincial and territorial coverage for illnesses or injuries resulting from authorized cadet activities, in accordance with the documents previously mentioned; therefore, parents or guardians may be entitled to reimbursement for some medical expenses.

Finding 3: Information on how to access Canadian cadet health care entitlements is not readily available, and the process is not well understood.

The process for accessing reimbursement of costs is outlined in Canadian Forces Health Services Group Instruction 2500-05 – Cadet Care Invoice Payment.²⁴ This policy is only available on the Defence Intranet site, which is not accessible to all cadets and their parents or guardians.

Additionally, some key documents provided to the public (such as the “Offer of Participation” and the “Cadet Training Centre Joining Instructions”) do not mention cadets’ health care entitlements available through the Canadian Armed Forces, or the process to access them.

How to Submit a Claim for Payment or Reimbursement

The point of contact for the cadet’s parent or guardian is the commanding officer of the cadet unit. The commanding officer contacts the Regional Cadet Medical Liaison Officer to initiate a payment request for care that is not covered by provincial or territorial health care and is needed as a result of an approved cadet activity. The Regional Cadet Medical Liaison Officer submits the payment request for approval to the supporting Base/Wing Surgeon; if approved, payment is then processed through Blue Cross.²⁵ If a civilian health care provider does not have the ability to be paid directly through Blue Cross, the cadet’s parent or guardian can pay upfront and be reimbursed by the Canadian Armed Forces.

Canadian Armed Forces regulations and policies clearly explain cadets’ health care entitlements and the process to access those entitlements, but our investigation found inconsistencies between what is in those documents and what some Canadian Armed Forces interviewees understood when it comes to the “order of payer”²⁶ Specifically, some members believed that private insurance had to be exhausted before the Canadian Armed Forces could cover medical expenses.

Key documents do not state that private insurance takes precedence. Rather, the Queen’s Regulations and Orders 34.07 indicates that Reservists (and by extension, cadets) are entitled to medical care at the Canadian Armed Forces’ expense. Additionally, Canadian Forces Health Services Group Instruction 2500-05 states that the base or wing surgeon will review the case and determine if follow up or further treatment will be required, and that if further treatment is required, the Canadian Armed Forces will coordinate the care and will provide billing instructions to the provider.

Furthermore, the Canadian Armed Forces organization responsible for the Cadet Program confirmed to us that the order of payer for health care is as follows:  the relevant province or territory, the Canadian Armed Forces, private insurance (if applicable), and Cadet League insurance. (See Figure 1)

Finding 4: Detailed information about the Cadet Leagues’ accident insurance policies is not readily accessible to the public.

The three Cadet Leagues of Canada purchase insurance policies that cover certain health care expenses and other benefits for injured cadets.²⁷ Canadian cadet premiums are paid for by the Cadet Leagues. The current Memorandum of Understanding between National Defence, the Canadian Armed Forces and the Cadet Leagues states that National Defence identifies insurance requirements for cadet activities in cooperation with the Leagues.

The accident insurance coverage is designed to be complementary coverage that, in most cases, picks up only where other coverage may leave off or expire, including provincial and territorial health coverage, and private insurance coverage.²⁸

An important condition of eligibility for accident insurance coverage is that the injury must result from an accident, and not from illness. The Army Cadet League gave the example of a cadet who faints on parade and suffers an injury: under normal circumstances, the policy would not cover the injury because the insurer considers fainting to be a result of illness, not an accident.²⁹

The Cadet Leagues’ full insurance policies are not readily available to the general public. The Cadet Leagues provide summaries of their policies, as well as claim forms, on their websites; however, these summaries do not include information on principal sums and benefit amounts. In contrast, Scouts Canada’s detailed insurance information, including benefits amounts is available on the organization’s website.³⁰

Finding 5: Canadian cadets receive less accident insurance coverage than other participants in the Canadian Cadet Program (e.g., Canadian Armed Forces members).

Through the Cadet Leagues’ insurance, injured cadets may be entitled to reimbursement for health care expenses. They may also receive coverage for non-medical expenses, including tutoring, home alteration, and vehicle modification. A cadet who was employed at the time of the accident may also be entitled to an indemnity for lost wages, up to a maximum of $910 over 26 consecutive weeks.

Cadets and/or their families are also entitled to lump sum payments for accidental death or dismemberment that results from a cadet activity.

How to Make a Claim for Reimbursement of Expenses through the Cadet Leagues’ Accident Insurance³¹

The process for making a claim is outlined in the Cadet Leagues’ accident insurance policies. The prescribed timeframes are: provide notice of claim within 30 days of the accident, and provide proof of claim regarding the details of the accident and the resulting loss within 90 days. However, failure to give notice or proof within the time prescribed does not invalidate the claim if the information is provided as soon as reasonably possible and no later than 12 months of the date of the accident.

A cadet’s parent or guardian is responsible for filling out a League Accident Claim Form³² and submitting it to the appropriate Cadet League National Office, who will forward it to the insurance company. The claim must include receipts for medical and other expenses or estimated invoices.

Contact information (such as mailing addresses) of the three Cadet Leagues is available on their websites. ³³

Summary Analysis of Insurance Coverage Available to Comparator Groups

When assessed against other members of the Canadian Cadet Program,³⁴ we found that Canadian cadets are eligible for less accident insurance coverage.³⁵

• The family/beneficiary of a cadet who dies as a result of a cadet activity will receive a principal sum of $10,000.
• A cadet who loses sight in both eyes, or loses both hands or both feet, will receive the principal sum ($10,000).
• A cadet who becomes quadriplegic, paraplegic or hemiplegic will receive two times the principal sum ($20,000).

The maximum lump sum that a Canadian cadet could receive through Cadet League accident insurance for a life-changing injury/permanent impairment is $20,000. In contrast:

• Adult civilian volunteers³⁶ (under age 70) who are covered under the same Cadet League insurance policies may receive up to $100,000 for a severe injury.³⁷
• Reservists (such as Cadet Instructor Cadre Officers) are not covered under the Cadet League insurance policies; however, they are covered by the Service Income Security Insurance Plan (SISIP) and may receive up to $250,000 for a severe injury.³⁸ A Reservist will also have access to workers’ compensation through the Government Employees Compensation Act or Reserve Force Compensation.
• Like Reservists, Regular Force members are not covered under the Cadet League insurance policies, but may receive up to $250,000 through SISIP.
• Civilian instructors are covered by workers’ compensation, but not by Cadet League insurance policies. Those working in Ontario could receive up to $84,093.66 for a permanent impairment.³⁹

The accident insurance policies of the British Army Cadet Force Association and Scouts Canada provide the same principal sum amounts for their respective adults and youth. These payouts are in contrast to the Cadet Leagues’ accident insurance policies, which compensate youth at one-fifth the amount for adults.

Also noteworthy is that under the Workers’ Safety and Insurance Board of Ontario, the younger a claimant the more they receive.⁴⁰

Finding 6: Accident insurance coverage differs by Cadet League (Navy, Army and Air).

A comparison of the three Cadet Leagues’ accident insurance policies revealed that they vary by Cadet League.

For example, the Army Cadet League provides several benefits that the Air and Navy Cadet Leagues do not, namely: benefits for psychological therapy, burns, cosmetic reconstructive surgery, coma, and hospital expenses.

The Army and Air Cadet Leagues also provide more coverage than the Navy Cadet League for certain benefits. For example, army and air cadets who require rehabilitation due to dismemberment may be covered for up to $15,000 in expenses within three years of the date of the accident. In contrast, a sea cadet requiring rehabilitation may be covered for only $10,000 within two years of the date of the accident.

The Canadian Armed Forces attributed the differences to claims history, activities, level of accepted risk, and different insurance brokers.⁴¹

Notwithstanding the fact that the three Cadet Leagues are separate organizations, they are partners who receive the same amount of funding from the Department of National Defence in order to support the same constituency – participants of the Cadet Program.

The Canadian Armed Forces indicated that it is their desire to have a single policy to cover all cadets.

Finding 7: Staff Cadets who suffer a workplace injury in the performance of their cadet activities may be entitled to workers’ compensation, but are not assisted in this regard by the Canadian Armed Forces.

Workers’ compensation programs protect employees from the financial hardships associated with work-related injuries and occupational diseases. These programs are administered by provincial and territorial workers’ compensation boards.⁴²

Federal government employees have access to provincial workers’ compensation through the Government Employees Compensation Act.⁴³ For example, Civilian Instructors, as employees of the Department of National Defence, would have access to amounts established by the Ontario Workplace Safety and Insurance Board if injured in a cadet activity in Ontario.

The Canadian Armed Forces does not consider Staff Cadets to be employees. In fact, the Canadian Armed Forces requires Staff Cadets to sign an agreement acknowledging that they are neither Crown employees nor public servants.⁴⁴

However, Staff Cadets fall within the definition of ‘employee’ at section 2 of the Government Employees Compensation Act, which defines employee as “any person in the service of Her Majesty who is paid a direct wage or salary by or on behalf of Her Majesty.” Staff Cadets are directed in the tasks they perform, are paid a wage by the Crown, and receive a record of employment and a T4 Statement of Remuneration Paid.⁴⁵  

Our inquiries with Employment and Social Development Canada (the department that administers the Government Employees Compensation Act) and the Ontario Workplace Safety and Insurance Board (the authority that administers the Ontario workers’ compensation program) confirm that Staff Cadets may be eligible for benefits.  

Our inquiries with the Canadian Armed Forces revealed that there are no existing policies related to Government Employees Compensation Act or workers’ compensation that specifically address Staff Cadet workplace injuries. Further, it is not the practice of the Canadian Armed Forces to advise Staff Cadets of possible entitlements or to process relevant paperwork in order for Staff Cadets to access worker’s compensation in the event of a workplace injury. Rather, the Canadian Armed Forces maintains that since Staff Cadets are not employees, they are not eligible for benefits.

“In many ways, these cadets represent the future of Canada and I am proud of their dedication, energy and remain fully committed to supporting their development.” 
- Lieutenant-General Guy R. Thibault, Vice Chief of the Defence Staff⁴⁶

When it comes to access to long-term care and compensation, not much has changed since the 1974 Valcartier grenade incident: cadets’ parents or guardians would have to file a claim against the Crown in Federal or Provincial Court in order to seek compensation on par with cadet instructors.

It is not fair to offer compensation and benefits to cadet instructors who become ill or injured as a result of a cadet activity, and not offer similar support to ill or injured cadets. We conclude that more should be done to support our most vulnerable participants of the Cadet Program, particularly if the illness or injury is permanent and life-changing. Cadets should have access to equivalent levels of support and compensation to those enjoyed by their instructors.

That said, based on our review of relevant regulations and policies, cadets are well supported by the Canadian Armed Forces when it comes to short-term health care access for illnesses or injuries incurred while participating in authorized cadet activities. Cadets are entitled to the same short-term medical and dental care as the majority of their military instructors.

The process to access health care entitlements is clearly outlined in Canadian Armed Forces documents. Unfortunately, not all relevant information is available online or to the public. Additionally, it is not clear if those in charge of cadets are fully aware of the process to access entitlements, and therefore able to properly assist ill and injured cadets.

The Canadian Armed Forces, through the Cadet Leagues of Canada, also provides supplementary coverage by way of accident insurance. Because these policies do not provide the same benefits for all those covered, they create inequities for ill and injured cadets. As with health care entitlements, details regarding the insurance coverage are not readily available to all participants of the Cadet Program.

In order to ensure these entitlements help those who need them, the Canadian Armed Forces should better communicate what is available and how it can be accessed.The Canadian Armed Forces is responsible for cadets, and this responsibility – both health and financial – continues when the cadet returns home following an illness or injury. By implementing our recommendations, the Department of National Defence and Canadian Armed Forces will provide fair treatment to ill and injured cadets.

Mr. Gary Walbourne
Ombudsman
Office of the National Defence and Canadian Forces Ombudsman
100 Metcalfe, 12th floor
Ottawa ON KIP 5M1

Dear Mr. Walbourne:

Thank you for your letter of December 8, 2016, with which you enclosed a copy of your report entitled Cadets: An Investigation of the Support Provided to Cadets Who Suffer an Illness or Injury as a Result of a Cadet Activity. Your input on these matters is valued, and I appreciate receiving your recommendations.

Currently, a cadet who suffers illness or injury as a result of an approved cadet activity is entitled to the same level of medical care as a Private of the Reserve Force who is serving on a short term basis (Class A Reserve Service or Class B Reserve Service for a period less than 180 days).

In addition, cadets have access to long-term insurance coverage through policies maintained by the civilian Navy League, Army Cadet League and Air Cadet League of Canada.

I wish to assure you that the protection, safety and welfare of our cadets is one our highest priorities. As such, we are committed to fully reviewing your report in consultation with our Cadet League partners. In addition, the Canadian Armed Forces will review the process of providing support to cadets who suffer illness or injury as a result of approved cadet activities.

This review will include an analysis of differences between the support provided to full- and part-time reservists and the support provided to cadets.

Taken together, these measures will help us determine the best way forward in supporting the cadets who become ill or injured while participating in the Cadet Program.

Thank you again for sending me a copy of your report. I appreciate your continued support of our men and women in uniform and their families.

Yours sincerely,

The Hon. Harjit S. Sajjan, PC, OMM, MSM, CD, MP

Investigators collected data from December 2015 to May 2016 through reviews of documents and websites, interviews, and comparisons of entitlements.

Interviews were conducted with subject matter experts from the following organizations:

• National Cadet and Junior Canadian Rangers Support Group Headquarters
• Director Medical Policy of the Canadian Armed Forces
• Army and Air Cadet Leagues of Canada⁴⁷
• Cadet Training Centres
• Regional Cadet Support Unit
• Scouts Canada
• Australian Army Cadets (Headquarters) and Australian Department of Veterans’ Affairs
• United Kingdom Army & Combined Cadet Force Association
• United States Army Junior Reserve Officer Training Corps New York State

The following documentation was reviewed:

• Canadian Armed Forces legislation, regulations, policies, directives and joining instructions.
• Cadet League of Canada policies and forms, including accident insurance policies.
• Legislation, regulations, policies and forms of comparator groups, including Scouts Canada, Australian Army Cadets, United Kingdom Army Cadet Force, and United States Army Junior Reserve Officer Training Corps.
• Canadian federal and provincial legislation, regulations, policies, etc.
• National Defence and Canadian Armed Forces Ombudsman reports and files.

⁴⁸

Cadets are Canadian youth aged 12 to 18 who take part in activities at a cadet corps or squadron within their local community, generally one evening per week and one weekend day per month. They may also participate in summer training at Cadet Training Centres.

Staff Cadets provide leadership, instruction and support to cadets during summer training while being mentored by adult leaders and other staff cadets. They are assigned different ranks, and receive an advanced training bonus. Staff Cadets are 16 to 18 years of age.

Cadet Instructor Cadre (CIC) Officers are adults 18 years or older and are members of the Canadian Armed Forces who belong to the Cadet Organization Administrative and Training Service (COATS), which is a sub-component of the Reserve Force. Many are graduates of the Cadet Program; others may be former Regular Force members, interested parents, or members of the community at large. CIC Officers work with cadets an average of one night and one weekend day per week, with additional time devoted to organizing and planning activities. Many of them also spend their summers instructing cadets at summer training centres, or accompanying cadets on competitions, expeditions or foreign exchange visits. 

Civilian Instructors are adults 18 years or older who are responsible for instructing and supervising cadets. They are employees of National Defence.

Civilian volunteers are adults who provide services directly to or on behalf of National Defence and the Canadian Armed Forces in support of authorized cadet activities, without compensation. They sign an agreement with the Cadet League; they are not Canadian Armed Forces members or National Defence employees. Civilian volunteers only participate in local corps/squadron activities.

Regular Force members may be assigned a role in support of cadet activities as part of their regular duties.

Primary Reservists may be contracted by the Canadian Armed Forces to support cadet activities as part of their Primary Reserve service.

The Navy, Army and Air Cadet Leagues of Canada are civilian non-profit organizations that work in partnership with the Canadian Armed Forces and local communities to support the Cadet Program. Grants from the Department of National Defence provide funding to each of the three Cadet Leagues in order to support corporate/administrative activities, such as coordinating insurance coverage, coordinating volunteer screening activities, and recruiting volunteers to support the Cadet Program.

Queen’s Regulations & Orders for the Canadian Cadet Organizations (QR Cadets) (1978/1988) (Available through the Canadian Cadet Organizations Portal)⁷⁹

Queen’s Regulations & Orders, Chapter 34 – Medical Services, Section 2 - Medical Care of Officers and Non-commissioned Members, Section 34.07 (August 1, 2015) (Internet)⁸⁰

Queen’s Regulations & Orders, Chapter 35 – Dental Services, Section 2 - Dental Care of Officers and Non-commissioned Members of the Canadian Forces, Section 35.04 (August 1, 2015) (Internet)⁸¹

Canadian Forces Health Services Group Instruction 2500-05 – Cadet Care Invoice Payment (March 8, 2011) (Intranet only)⁸²

Cadet Administrative and Training Orders (Available through the Canadian Cadet Organizations Portal)⁸³

Canadian Forces Dental Orders 22-15 – Dental Treatment - Reserve Force Members and Cadets (2012-12-06) (Intranet only)⁸⁴

Canadian Forces Administrative Orders 34-45 – Medical Examinations and Care – Cadet Instructors and Cadets (issued Mar 27, 1981) (Intranet only)⁸⁵

Canadian Forces Administrative Orders 35-4 – Dental Treatment (issued 1988-12-09) (Intranet only)⁸⁶

Note: Policies and regulations available on the Defence Intranet site are not accessible to the public. Copies can be obtained by contacting our Office at 1-888-828-3626 or
ombudsman-communications@forces.gc.ca.

¹ National Defence Act, R.S.C., 1985, c. N-5, subsection 46(2)

² An Investigation into the 1974 Valcartier Cadets Grenade Incident.

³ Statement from the Ombudsman on the VCDS update on recommendations regarding the Valcartier Grenade Incident in 1974 (July 29, 2016).

⁴ Entitlements include immediate and ongoing health care, accident insurance coverage and other compensation (beyond that received through health care and insurance coverage).

⁵ We looked specifically at the British Army Cadet Force, which is a national youth organization sponsored by the United Kingdom's Ministry of Defence and the British Army. We also looked at the United States Junior Reserve Officer Training Corps. We discovered that this program is administered by schools as part of their curriculum; as such, it is very different from the Canadian Cadet Program and was excluded as a comparator group in the findings of this report.

⁶ Scouts Canada’s website explains that the Scout program (11-14 years old) focuses on outdoor and environmental activities, citizenship and community service, leadership, and personal development; while Venturer Scouts (15-17) learn to nurture an active and healthy lifestyle, acquire the knowledge and skills for career development, and participate in outdoor adventures.

⁷ National Defence Act, R.S.C., 1985, c. N-5

⁸ Civilian volunteers are not exposed to the same level of risk as other participants of the Cadet Program because they are not involved in summer training. They are the only participants of the Canadian Cadet Program who do not fall within the mandate of the Office.

⁹ The Canadian Cadet Organizations webpage "Safety and Screening."

¹⁰ "Real progress toward a safer military," comment, National Post, June 6, 2016.

¹¹ Cadet Instructor Cadre Officers are eligible for the Accidental Dismemberment Insurance Plan (ADIP) through the Service Income Security Insurance Plan.

¹² Service Canada report Canada Pension Plan/Old Age Security Quarterly Report – Monthly Amounts and Related Figures – From January to March 2016.

¹³ Quebec residents are eligible for the Quebec Pension Plan instead of the Canada Pension Plan.

¹⁴ Australian Government Department of Veterans’ Affairs Factsheet MRC31 – Information about Cadets, Officers of Cadets and Instructors or Cadets (April 30, 2013).

¹⁵ Australian Government Department of Veterans’ Affairs Factsheet MRC04 – Compensation Payment Rates (current from 20 March 2016 to 30 June 2016).

¹⁶ La Société de l’assurance automobile du Québec’s report Compensation Table for 2016: For accidents occurring or expenses incurred between January 1 and December 31, 2016.

¹⁷ This regulation was last updated in 1988.

¹⁸ Canadian Forces Health Services Group Instruction 2500-05 specifies that cadets participating in a summer training centre program are considered the same as Class B Reservists on short-term contract, and as Class A Reservists when participating in any other authorized activity.

¹⁹ National Defence and the Canadian Armed Forces webpage "Spectrum of Care: Medical and Dental Benefits and Services."

²⁰ Canadian Forces Health Services Group Instruction 2500-05 – Cadet Care Invoice Payment.

²¹ The National Cadet and Junior Canadian Rangers Support Group; Director Medical Policy; Canadian Forces Health Services Group Instruction 2500-05; and Cadets Canada Brochure "Addressing Concerns."

²² Information received from the National Cadet and Junior Canadian Rangers Support Group and from the Central Region Medical Liaison Officer.

²³ Queen’s Regulations and Orders Chapter 34.30 – Provision of Medical Care to Civilians and Queen’s Regulations and Orders. 35.12 – Provision of Dental Services to Civilians.

²⁴ This process was confirmed by the National Cadet and Junior Canadian Rangers Support Group, and by several interviewees.

²⁵ Blue Cross is the Canadian Forces Health Services’ third-party payment processor for medical care services.

²⁶ The list of organizations that may pay medical costs in a given situation, in order from who pays first to who pays last.

²⁷ Each League has its own accident insurance policy; the copies we reviewed covered the periods 2015-2016 (Navy and Air) and 2014-2015 (Army).

²⁸ Interviews with the Army and Air Cadet Leagues.

²⁹ Of note, should a member of the Canadian Armed Forces suffer a long-lasting and life-changing injury from fainting on parade, they would have access to VAC benefits.

³⁰ The policy is dated February 2007; however, Scouts Canada interviewees confirmed that the coverage is the same today.

³¹ Each Cadet League provides additional information on the claim process in their summaries of the insurance policies: Navy, Army and Air.

³² The forms vary by Cadet League: Navy, Army and Air.

³³ www.navyleague.ca/en, www.armycadetleague.ca and http://aircadetleague.com .

³⁴ Australian cadets were not included in the comparison as they are not covered by accident insurance through their cadet program.

³⁵ Based on maximum amounts, and not taking into account private insurance or provincial and territorial health insurance plans.

³⁶ Civilian volunteers can include Canadian Armed Forces members who assist at cadet activities while off-duty.

³⁷ The principal sum for these adults/volunteers decreases to $5,000 at age 70.

³⁸ SISIP is an insurance plan offered by the Canadian Armed Forces exclusively to serving and former military members and their spouses (some of which is at a cost). Through SISIP, members are automatically covered for an Accidental Dismemberment Insurance Plan, which provides a lump-sum benefit to eligible members whose condition is attributable to military service and incurred by way of accidental, external and violent means.

³⁹ Figure 3 – Annually indexed dollar amounts for non-economic loss benefits, Operational Policy Manual, Workers’ Safety and Insurance Board of Ontario, January 4, 2016.

⁴⁰ Non-economic Loss – Summary of Permanent Disability Awards and Escalation Benefits 2015, The Association of Workers' Compensation Boards of Canada.

⁴¹ The Navy Cadet League has a different broker from the Army and Air Cadet Leagues.

⁴² Labour Program’s webpage Workers’ Compensation.

⁴³ Government Employees Compensation Act, subsection 4(1).

⁴⁴ Cadet Administrative and Training Orders 13-28, Annex A, Staff Cadet Advanced Training Agreement.

⁴⁵ Cadet Administrative and Training Orders 13-28, and Central Region Cadet Summer Training Centres Joining Instructions – Staff (15 March 2011), as well as information from the National Cadet and Junior Canadian Rangers Support Group.

⁴⁶ "Real progress toward a safer military," comment, National Post, June 6, 2016

⁴⁷ We obtained all relevant documentation from the Navy Cadet League via e-mail.

⁴⁸ As defined in the e-mail to Ombudsman investigators from the National Cadet and Junior Canadian Rangers Support Group (dated March 23, 2016) and on the Canadian Cadet Organizations’ website (www.cadets.ca)

⁴⁹ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Term-Life-Insurance-Plans.aspx

⁵⁰ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Spousal-Disability-Plan-(SDP).aspx

⁵¹ https://www.cfmws.com/en/OurServices/Insurance/Pages/default.aspx.

⁵² https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Accidental-Dismemberment-Insurance-Plan-(ADIP).aspx.

⁵³ Ibid

⁵⁴ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Long-Term-Disability.aspx.

⁵⁵ A copy of the policy (which is specifically for travel to Canada) was provided by the British Army Cadet Association.

⁵⁶ http://www.esdc.gc.ca/en/cpp/disability/index.page.

⁵⁷ http://laws-lois.justice.gc.ca/eng/acts/G-5/.

⁵⁸ http://www.wsib.on.ca/WSIBPortal/faces/WSIBArticlePage?fGUID=835502100635000225&_afrLoop=2449991464202943&_afrWindowMode=0&_afrWindowId=rw6m5hoy9_122#%40%3F_afrWindowId%3Drw6m5hoy9_122%26_afrLoop%3D2449991464202943%26_afrWindowMode%3D0%26fGUID%3D835502100635000225%26_adf.ctrl-state%3Drw6m5hoy9_150 .

⁵⁹ http://awcbc.org/?page_id=75 .

⁶⁰ Types of Workers – WSIB, http://www.wsib.on.ca/cs/groups/public/documents/staticfile/c2li/mdey/~edisp/wsib012673.pdf  .

⁶¹ http://www.wsib.on.ca/WSIBPortal/faces/WSIBManualPage?cGUID=18-01-02&fGUID=835502100635000515&_afrLoop=2698123750433943&_afrWindowMode=0&_afrWindowId=null#%40%3FcGUID%3D18-01-02%26_afrWindowId%3Dnull%26_afrLoop%3D2698123750433943%26_afrWindowMode%3D0%26fGUID%3D835502100635000515%26_adf.ctrl-state%3Dvxj08kitu_4 . 

⁶² http://laws-lois.justice.gc.ca/eng/acts/C-16.8/ .

⁶³ As of 1 October 2016, http://www.veterans.gc.ca/eng/services/transition/rehabilitation/earnings-loss .

⁶⁴ http://factsheets.dva.gov.au/factsheets/documents/MRC04%20Compensation%20Payment%20Rates.htm .

⁶⁵ https://saaq.gouv.qc.ca/ 

⁶⁶ See Annex D – Insurance Comparison Table.

⁶⁷ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Term-Life-Insurance-Plans.aspx .

⁶⁸ http://laws-lois.justice.gc.ca/eng/acts/C-17/page-13.html?txthl=supplementary+death#h-32.  

⁶⁹ http://www.forces.gc.ca/en/about-policies-standards-benefits/ch-205-officer-ncm-allowance-rates.page#sec-73 .

⁷⁰ http://www.veterans.gc.ca/eng/services/rates  

⁷¹ http://awcbc.org/wp-content/uploads/2013/12/Key_Benefits_Information.pdf  

⁷² https://saaq.gouv.qc.ca/en/traffic-accident/death/calculation-death-benefits/  

⁷³ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Long-Term-Disability.aspx  

⁷⁴ $74,420 (85% of $85,200).

⁷⁵ https://saaq.gouv.qc.ca/en/traffic-accident/public-automobile-insurance-plan/covered-how/financial-compensation/income-replacement/ .

⁷⁶ http://factsheets.dva.gov.au/factsheets/documents/MRC04%20Compensation%20Payment%20Rates.htm Information current for the period of 1 July 2016 to 19 September 2016

⁷⁷ https://www.cfmws.com/en/AboutUs/SISIPFS/Insurance/Pages/Accidental-Dismemberment-Insurance-Plan-(ADIP).aspx  

⁷⁸ Military Rehabilitation and Compensation Information Booklet (p 22)

 ⁷⁹ https://portal-portail.cadets.gc.ca/_layouts/home-accueil.aspx?ReturnUrl=%2fen%2frenewal%2f_layouts%2fAuthenticate.aspx%3fSource%3d%252Fen%252Frenewal%252FPages%252Foverview%252Easpx&Source=%2fen%2frenewal%2fPages%2foverview.aspx&lang=en  

⁸⁰ http://www.forces.gc.ca/en/about-policies-standards-queens-regulations-orders-vol-01/toc-34.page  

⁸¹ http://www.forces.gc.ca/en/about-policies-standards-queens-regulations-orders-vol-01/ch-35.page  

⁸² http://cmp-cpm.mil.ca/en/health/policies-direction/policies/2500-05.page  

⁸³ https://portal-portail.cadets.gc.ca/_layouts/home-accueil.aspx?ReturnUrl=%2fen%2frenewal%2f_layouts%2fAuthenticate.aspx%3fSource%3d%252Fen%252Frenewal%252FPages%252Foverview%252Easpx&Source=%2fen%2frenewal%2fPages%2foverview.aspx&lang=en  

⁸⁴ http://cmp-cpm.mil.ca/assets/CMP_Intranet/docs/en/health/policies-direction/1022-15.pdf  

⁸⁵ http://corpsec.mil.ca/admfincs/subjects/cfao/034-45_e.asp  

⁸⁶ http://corpsec.mil.ca/admfincs/subjects/cfao/035-04_e.asp