# 2012-139 Pay and Benefits, Integrated Relocation Program (CF IRP), Long Term Storage (LTS)

Case Summary

F&R Date: 2012–12–28

The grievor, a member of the Regular Force, was posted to Italy for a period of three years. Considering the size of his accommodations there, he decided to bring all his household goods and effects (HG&E). He was subsequently posted to Paris, France, for a period of one year. The Canadian Forces (CF) refused to reimburse him the long term storage (LTS) costs he incurred during his Paris posting.

The issue here was to determine whether the decision to deny the grievor reimbursement of his LTS costs while he was reassigned to France was consistent with policy.

The Military Coordinator for the Canadian Forces Integrated Relocation Program (CF IRP) Canadian Forces Support Unit (Europe) sought authorisation to have the grievor reimbursed his LTS costs, since his new residence could not accommodate all his HG&E. The Relocation Adjudication Section (RAS) denied the LTS application and the return of the HG&E to Canada.

The Chief of Staff OUTCAN Coordinator at the Vice Chief of the Defence Staff requested a review of the RAS decision. In August 2010, the Director Compensation and Benefits Administration (DCBA) resopnded that there was nothing in the policy that would allow for the transfer of excess HG&E to Canada for storage or for its LTS outside the country during a relocation.

The grievor pointed out that his reassignment was beyond his control. He explained that, unlike his residence in France, his home in Italy had a three-car garage, an outside kitchen and two gardens. This additional space had made it possible for him to store all his HG&E.

There is no decision by the Initial Authority since he was unable to respond within the established timeframe and the grievor turned down a second extension request.

The Board noted that, under article 9.1.06 of the CF IRP, CF members are entitled to LTS, including partial shipping, if they move into state accommodations where they can keep all their HG&E or if they move to a location where the DCBA has determined that shipments of HG&E must be limited or controlled.

Chapter 12 provides that compensation for moves to and from locations outside Canada is generally the same as that provided for in Chapters 1 to 10, with the exception of certain circumstances outlined in article 12.02: LTS – Access on postings to and from locations outside Canada. More specifically, article 12.7.04 provides for access to LTS when CF members are cross-posted between places of duty and when there is a requirement to access LTS due to a significant climate difference between the two places of duty or when moving from furnished to unfurnished accommodations.

The Board understands that as a rule members deployed outside Canada will store their HG&E for a few years during their posting, and the Board knows as well that relocations from one country to another outside Canada are fairly rare. Yet the Board found no article within the CF IRP that limits the granting of LTS costs to expenses incurred within Canada. The Board therefore concluded that article 9.1.06 specifies the particular conditions under which LTS costs may be accorded members who are relocated while serving outside Canada.

The Board concluded, however, that the grievor's circumstances failed to meet the conditions of the above-mentioned entitlement. That said, the CF IRP directive does not allow for reimbursement of LTS costs for the grievor's surplus items.

Finally, the Board considered the fact that another CF member who moved into smaller accommodations in Canada or abroad that were neither Crown housing nor a location where DCBA had established that the shipping of his/her HG&E was limited or controlled would not be entitled to LTS costs if the member was unable to accommodate all his/her HG&E there. On these grounds, the Board concluded that it not be fair to other members or the CF if the Minister were to exercise his discretionary authority and approve the grievor's request for reimbursement of LTS costs.

The Board therefore recommended that the Chief of the Defence Staff deny the grievance.

As an observation, the Board noted that many CF members already serving abroad are unexpectedly posted to other foreign destinations. This situation enables Career Managers to make optimum use of posting funds while meeting the needs of the CF. Although Chapter 12 of the CF IRP administers transfers between foreign countries, it would appear that there few specific provisions, and indeed some confusion, relating to the application of the other chapters to expenses incurred outside Canada. Given that the CF IRP is currently under review, the Board recommended that the CF consider adding specific provisions dealing with CF members who are posted from one position to another overseas.

CDS Decision Summary

CDS Decision Date: 2013–10–27

The CDS agrees with the Board's findings and its recommendation that the grievance be denied. The CDS concurred with the Board's observation that many CAF members in positions overseas are posted unexpectedly to other foreign positions and that CF IRP has no specific provisions governing these members' expenses. The CDS accordingly asked the Chief Military Personnel to consider adding provisions to address this issue in the next edition of the CF IRP.