# 2015-139 - Real Estate and Legal Fees, Real Estate Incentive - Time limit for signing the waiver electing not to sell

Case Summary

F&R Date: 2015–07–09

The grievor received a posting notice from Ottawa to Valcartier, Quebec and shortly thereafter notified Brookfield Global Relocation Services (BGRS) that he was not going to sell his house. He had his house appraised and, within days of receipt of that appraisal, decided to go to Valcartier on Imposed Restriction (IR), leaving his family in Ottawa.

One year later he decided to end his IR and move his family to Valcartier, but still not sell his Ottawa house. At this point he applied for the Real Estate Incentive (REI) but it was denied by BGRS, and subsequently by the Director Compensation and Benefits Administration (DCBA), based on their interpretation of article 8.2.14 of the 2009 Canadian Forces Integrated Relocation Program (CF IRP) directive. They stated that the grievor was not eligible for the REI because he had not signed the waiver electing not to sell his house within 15 days of receipt of the original appraisal.

The Committee found that the REI provisions of the CF IRP directive do not specify a time limit in which to sign the waiver. The Committee also found that article 8.1.03 gave the grievor two years in which to claim CF IRP Chapter 8 benefits. The Committee therefore recommended that the grievor be paid REI based on either the original appraisal or on a new one to be obtained by DCBA.

CDS Decision Summary

CDS Decision Date: 2016–03–09

The CDS agreed with the Committee's finding and recommendation that the grievor be paid the REI benefit. The CDS agreed with the Committee that section 8.2.14 of the CFIRP does not require that a policy waiver be signed within 15 business days of the appraisal. However, the CDS was silent on the systemic recommendation that the relevant authorities be informed on their incorrect interpretation, although he did state in his decision that he accepts the Committee's findings and recommendations as his own.