# 2019-034 Pay and Benefits, Real estate incentive - Time limit for signing the waiver electing not to sell

Case summary

F&R Date: 2019-05-13

The grievor was denied the real estate incentive (REI) because he had applied for the benefit after the 15-day time limit set out in the Canadian Forces Integrated Relocation Program (CFIRP) directive. The grievor contended that he was not fully informed about the relocation benefits available to him nor the timelines for their application.

The Initial Authority acknowledged that the grievor felt he did not receive the guidance and support he needed during his relocation but found that there was no authority to modify a policy approved by the Treasury Board (TB) and that the grievor was not entitled to the REI under that policy.

The Committee noted that it had previously reviewed numerous REI grievances and had found that the 15-day time limit to make an election was unfair; and, had therefore recommended that the Canadian Armed Forces negotiate better conditions for the benefit with the TB. However, given that the TB policy on REI continued to have a 15-day time limit for election and the grievor had exceeded this limit, the Committee found he was not entitled to the REI.

FA decision summary

The Chief of the Defence Staff (CDS) agreed with the Committee's recommendation that the grievance be denied. He also agreed with the Committee's finding that the 15-day time limitation to elect for the REI does not provide for sufficient flexibility. The CDS noted that he does not have the authority to extend the limitation period provided for in the CFIRP Directive. In response to the Committee's systemic recommendation, the CDS stated that the grievor's case was not unique and noted that he had already directed the Commander Military Personnel Command, in 2017, to engage with TB "with a view of developing a more flexible REI timeline". He said that the Military Personnel Command staff "are working to engage with TB on this issue". The CDS mentioned that he was hopeful that the next version of the CFIRP Directive will include a more reasonable timeline to apply for the benefit, noting that the amendment did not make it into the 2018 version. The CDS explained that "the REI's purpose is that it is to be taken as soon as possible upon receipt of a posting message and I would argue that, in reality, it is designed in a way to discourage any form of active listing of a residence."