# 2019-092 Pay and Benefits, Allowances and Benefits

Case summary

F&R Date: 2020-11-27

As part of a project between the Royal Canadian Air Force (RCAF) and a civilian air combat company, the grievor, a pilot newly designated to the project, was instructed to obtain a civilian pilot's licence. However, the grievor was denied reimbursement of the cost of the licensing fees as his occupation was not listed in Canadian Forces General message (CANFORGEN) 201/17. As redress, the grievor sought full reimbursement of the associated fees.

The Initial Authority (IA), the Director General Compensation and Benefits, denied the grievance, noting that the authority to reimburse licensing fees was actually contained within Treasury Board (TB) Directive 746266 whereby reimbursement only occurred when there was a legal requirement to hold a particular licence. The IA found that, as the civilian aircraft used within the project could be considered military aircraft, there was a military exemption from requiring a civilian pilots licence under the Canadian Aviation Regulations (CARs).

The Committee consulted subject-matter experts involved in the RCAF project and was advised that a civilian pilot's licence was legally required in order to be trained in the use of the civilian aircraft.

The Committee noted that as of 2012, the Treasury Board Secretariat had rescinded all TB policies governing membership/licensing fees, including TB Directive 746266, opting instead to incorporate these provisions into collective agreements. The Committee found that the only available Canadian Armed Forces (CAF) guidance on the matter was contained in CANFORGEN 201/17, which stated, in part, that there had to be a legal requirement to hold a licence.

The Committee reviewed the provisions of the CARs and of the contracts between the RCAF and the civilian contractor and found that the general military exemption in the CARs did not apply in this case as the RCAF pilots were specifically required to obtain a civilian licence for valid legal reasons.

Having found that there was a legal requirement for the grievor to hold a civilian pilot's licence, the Committee recommended that the grievor be reimbursed the cost of his civilian pilot's licence, as well as any future costs for the maintenance of the licence as required for his duties.

FA decision summary

The Canadian Forces Grievance Authority, as Final Authority (FA), agreed with the Committee's recommendation to uphold the grievance. The FA disagreed with the Director General Compensation and Benefits’ (DGCB) interpretation and found that there was a legal requirement for the grievor to obtain a civilian license to carry out his military duties despite the general exemption applicable to the CAF. The FA also found that the entitlement to reimbursement for licensing fees for CAF members was contained in CANFORGEN 201/17 and that the grievor's situation met the conditions. The FA also found that the grievor should be reimbursed for the costs associated with the annual license renewal. The FA stated that the DGCB discussed the grievor's situation with "those responsible for policy development" so that this be considered "as they work towards policies that are better synchronized to the needs of our organization and members".