# 2017-069 Pay and Benefits, Common-law Partnership, Rations and Quarters

Case Summary

F&R Date: 2018–01–12

The grievor's occupational training was ceased when he was charged with an offense under the Criminal Code. While waiting several years for his case to come to trial, he was forced to continue paying for rations and quarters (R&Q) at Canadian Forces Base (CFB) Borden, even though he was living off base. The grievor made several requests to vacate quarters and to be reimbursed for R&Q and all requests were denied. The grievor argued that he was in financial distress, that he was no longer in training, and that he was not using the facilities or meal card. He suggested that his exceptional circumstances warranted the approval of his requests.

The Initial Authority, the Base Commander (BComd) CFB Borden, agreed to cease the grievor's deductions for rations and allowed for their partial reimbursement. However, he found that the grievor was responsible for his situation and that there were no exceptional circumstances to justify his request to vacate quarters.

Applying the Basic Training Administration Guide and the local CFB Borden policy requirements governing the obligatory use of R&Q, the Committee found that members are expected to live in single quarters where a bona fide training requirement exists. The Committee also found that exceptions could be made to this requirement at the discretion of the BComd.

Applying the policy to the grievor's circumstances, the Committee found that the grievor's first request to live off base came just a few months after his cease training and, as such, it was not unreasonable to deny that request.

 

However, by the time the grievor made his second request, a year after the first one, there was no longer any policy reason for the grievor to remain in quarters; he had not been in training for over a year and there was no set court date; in other words, there was no existing bona fide training requirement. The Committee found that the grievor's circumstances were exceptional and his request should have been approved at that time.

The Committee recommended that the Chief of the Defence Staff order the remittance of all charges for R&Q from the date of the grievor's second request.

FA decision summary

The Chief of the Defence Staff (CDS), as Final Authority, agreed with the Committee's recommendation to partially uphold the grievance and order the remittance of charges for quarters. The CDS noted that the Basic Training Administration Guide, which serves as a guide and is not a policy, provides that Commandant may order students on the Basic Training List into single quarters when there is a bona fide training requirement to live in single quarters. The CDS agreed with the Committee that the grievor's circumstances were exceptional so that he should have been authorized to live out when his training was put in abeyance pending a trial. The CDS found that the explanation of the Chain of command that paying for rations and quarters that he was not using would promote morale and esprit de corps was unacceptable. He found that there was no bona fide requirement for the grievor to reside on base for seven years and that his circumstances were exceptional. The CDS accepted the Committee's recommendation and used the special authority at article 208.52 of the Queen's Regulations and Orders for the Canadian Forces. The CDS noted that, while the CoC had indicated that they would release the member after the trial, which was against his presumption of innocence, the CoC did not act upon it. The CDS order the Chief of Military Personnel to remove the initial counselling from the grievor's file and to remit the ration and quarters. The CDS expressed regrets for the amount of time it took to adjudicate the 2012 grievance.