# 2011-100 Pay and Benefits, Allowances and Benefits, Custodial Services Expenses, Military Foreign Service Instruction (MFSI)

Case Summary

F&R Date: 2011–10–21

The grievor arranged with a neighbour for the provision of custodial services for his residence while he was away on deployment. Upon return, the grievor submitted a claim for the reimbursement of his expenses related to custodial services. His request for reimbursement was denied by the Director Compensation and Benefits Administration (DCBA) because the grievor had not contracted the services of a commercial firm as required by regulations.

The grievor submitted a grievance claiming that despite concerted efforts to secure the services of a commercial firm, he had been unable to find a contractor willing to provide custodial services within the maximum reimbursable amount of $275 per month. The grievor argued that the requirement to use a commercial firm was unfair; however, if mandatory, actual service charges ought to be reimbursable and the monthly limit removed.

The initial authority (IA) could not render a decision within the prescribed time limit and the grievor refused to grant a second extension. Therefore the grievance was referred to the Board without an IA decision.

The Board determined that during the period in question, the reimbursement of custodial expenses was administered pursuant to the DCBA Aide-Memoire of 1 November 2008. The Board also noted that following a review of benefit entitlements, it was determined that the Canadian Forces (CF) had deviated from the Treasury Board (TB) approved compensation and benefit framework and the reimbursement of custodial expenses administered under the DCBA Aide-Memoire was subsequently ceased. Notwithstanding, TB approval was later obtained retroactively to 1 January 2005.

The Board found that while some of the grievor's observations may have some merit, the fact of the matter is that the requirement for a commercial firm is imposed by the TB and the CF cannot dispense with this requirement.

The Board recommended to the Chief of the Defence Staff (CDS) that the grievance be denied.

The Board also recommended that the CDS bring the grievor's concerns to the attention of the Director General Compensation and Benefits for consideration in the next policy review of this benefit.

CDS Decision Summary

CDS Decision Date: 2012–04–30

The CDS agreed with the Board's findings and its recommendation that the grievance be denied.

Since the requirement for hiring the service of a commercial firm was imposed by TB, the CF cannot deviate from the regulation. The Base Administration Officer for CFB Kingston was directed to identify if the commercial rates for custodial benefits in the Kingston area exceed the $275 provided under the current policy. If so, he should formally notify the DGCB so that an appropriate submission to TB be actioned.