# 2012-086 Pay and Benefits, Allowances and Benefits, Leave Travel Assistance

Allowances and Benefits, Leave Travel Assistance

Case Summary

F&R Date: 2012–09–14

The grievor, a member of the Regular Force, was advised by his Orderly Room in October 2011 of the maximum amount he would be entitled to claim for Leave Travel Assistance (LTA) under Compensation and Benefits Instructions (CBI) article 209.50. Accordingly, the grievor made his travel arrangements, committed the funds and travelled over the Christmas holiday period.

While submitting his LTA claim upon return from leave, the grievor was advised that CBI 209.50 had been amended in January 2012, retroactive to 1 February 2011. Effectively, the amount he was previously entitled to claim had been reduced in accordance with the revised CBI.

The grievor acknowledged that updating/amending policy was quite reasonable but argued that it was unconscionable to apply such changes retroactively to a member's detriment.

As redress, the grievor requested that his original entitlement be honoured and that he be reimbursed the amount of $150 for taxi expenses in accordance with the policy in effect at the time he planned his LTA trip.

There was no initial authority (IA) decision as the grievor denied a request for an extension to the time allowed the IA to respond.

The Board reviewed the previous and new versions of the CBI and concluded that the only difference in the entitlements was that the previous version allowed “transportation expenses” whereas the new version only allowed for costs related to a “commercial carrier”.

The Board examined the retroactive application of statutes and regulations and determined that Section 43 of the Interpretations Act provided that the repeal of an Act or Regulation does not affect any right or privilege, obligation or liability acquired, accrued, accruing or incurred under the Act or regulation so repealed. This was held to be true so long as there was some event towards the realization of that right.

In the case of the grievor, the Board found that he had taken steps towards the realization of his LTA entitlement prior to the amended version of the CBI being issued by initiating a claim, making travel arrangements, committing funds and travelling. All that remained to complete his claim was the submission of his receipts. Although the retroactive repeal of the previous version of the CBI was effective prior to the grievor taking those actions, in accordance with subsection 43(c) of the Interpretation Act, the grievor had accrued or accruing right to the LTA as calculated in October 2011.

The Board found that the grievor had an accrued or accruing / vested right to his LTA claim based upon the October 2011 calculation and that he was entitled to be reimbursed for his taxi expenditures.

The Board recommended that the Chief of the Defence Staff (CDS) uphold the grievance.

The Board also recommend that the CDS forward a copy of these Findings and Recommendations to the

DGCB so that similar grievances or inquiries can be dealt with informally.

CDS Decision Summary

CDS Decision Date: 2013–06–10

The CDS agreed with the Board's findings and recommendation that the grievance be upheld. There was no intent to retroactively remove previous L TA benefits through a CANFORGEN:it only approved new ones. It did not cancel an older version of CBI 209.50, nor did it promulgate a new version. Based on information that other orderly rooms have also incorrectly applied the 1 January 2012 version of CBI 209.50 to leave travel assistance claims made for travel that started or for which commitments were made between 1 February and 31 December 2011, the CDS asked DGCB to address this issue and reverse any reduction in benefits that may have occurred as a result of this misinterpretation.

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