# 2010-004 - Clarity of information - Canadian Forces Integrated Relocation Program, Discretionary power of the MND...

Case Summary

F&R Date: 2010–05–10

During a house hunting trip, the grievor purchased a house which was being privately sold with the help of a realtor. The grievor had signed an agreement with the realtor that he would pay commission fees if the seller was not willing to do so. Therefore, the grievor was responsible for paying for the commission, which he did. However, the grievor submitted a grievance indicating that the commission should be paid by public funds, and the policy surrounding moves should be more specific with respect to this issue.

There is no initial authority decision on file as the time-extension request was denied by the grievor.

The Board reviewed the applicable policies and found that the grievor was not entitled to have the commission fees paid through public funds. The Board noted that the policy did not allow for the reimbursement of commission on the purchase of a sale, and there were no compelling reasons to use ministerial discretion to do so. However, the Board found that, although the policy previously included a Note of caution that commission fees would not be paid on the purchase of a home, that Note had since been removed from more current versions. Therefore, although the Board recommended that the Chief of the Defence Staff deny the grievance, it also recommended that the Note be re-inserted into the policy to provide clear direction.

CDS Decision Summary

CDS Decision Date: 2010–09–15

The CDS agreed with the Board's findings and its recommendation to deny the grievance. Treasury Board (TB) authorized exactly what fees can be reimbursed in the CF IRP 2009; since the reimbursement of real estate commission (REC) upon purchase of a house is not included, TB has specifically chosen to exclude it. Therefore, the CDS was satisfied that, based on the applicable policy, the grievor was not entitled to reimbursement of the REC he incurred as a buyer. The grievor made a personal choice in signing the Buyer Representation Agreement which is not binding on the CF. Finally, the grievor's situation did not meet the conditions stated in CBI 209.013 or that it is sufficiently unique or compelling in nature to warrant Ministerial discretion. The CDS agreed with the Board's systemic recommendation that a note regarding non admissible expenses be reinserted into future CF IRP manuals and in the It's Your Move manual, like it was in the CF IRP APS 2006 and 2007 manuals.