# 2017-073 Pay and Benefits, Imposed Restriction, Separation Expense
Imposed Restriction (IR), Separation Expense (SE)
Case Summary
F&R Date: 2018–01–15
The grievor was posted to Vancouver, was granted an Imposed Restriction and entitled to the benefits prescribed at article 208.997 – Separation Expense (SE) of the Compensation and Benefits Instructions for the Canadian Forces (CBI). He found suitable accommodations within a reasonable transit time to his workplace but, even after negotiating a rent rebate, this was still greater than the maximum monthly lodging rate to which he was entitled and he was left out of pocket. The grievor requested reimbursement of the rent he paid in excess of the current maximum monthly lodging rate established in the SE policy and an adjustment to the established rate to reflect the current rental market in Vancouver.
The Director General Compensation and Benefits, as Initial Authority (IA), rejected the grievance as having been submitted outside the time limit prescribed at article 7.06 of the Queen's Regulations and Orders for the Canadian Forces. He found that the grievor should have known the information relevant to his grievance and that the delay in submission was not caused by circumstances which were unforeseen, unexpected or beyond the grievor's control. The IA noted that SE rates are determined by Treasury Board (TB), whom, he stated, would not consider amending rates at that time, while his staff informed the Committee that a submission was pending. The Final Authority accepted the grievance in the interests of justice.
The Committee found that the grievor was entitled to SE benefits and that CBI article 208.997 does not authorize reimbursement of rent paid in excess of the prescribed maximum monthly lodging rate. Consequently, the Committee found that the grievor is not entitled to the reimbursement he is seeking, the Canadian Armed Forces (CAF) having no authority to reimburse expenses above the rates established by TB.
The Committee observed that while the CAF do not have authority to set the rates, negotiations with TB are within the CAF's purview and that, in fairness to CAF members, the FA should ensure that the review of SE rates directed by the Chief of Defense Staff in 2013 is implemented without further delay.
The Committee recommended that the grievance be denied.
FA decision summary
The Director Canadian Forces Grievance Authority (DCFGA), acting as the FA, agreed with the Committee's findings and recommendation that the grievance be denied. He also agreed with the Committee's observation that the maximum monthly lodging rates, including that for Vancouver, as set out in the table to Compensation and Benefits Instructions article 208.997 (Separation Expense), may no longer reflect the current financial reality. The DCFGA also noted, like the Committee, that in 2012, the CDS has already requested that the matter be investigated with TB with a view to ensuring that the rates are up to date.
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