# 2021-247 Pay and Benefits, Real estate and legal fees

Case summary

F&R Date: 2023-01-31

The grievor contested the denial of relocation benefits under the Canadian Forces Integrated Relocation Program (CFIRP) Directive relating to the sale of his principal residence. The grievor contended that severe flooding in his area depressed the market, which necessitated that he delay selling the property and renting it instead. As redress, the grievor sought the reimbursement of relocation expenses related to the sale of his residence.

The Director General Compensation and Benefits, acting as the Initial Authority (IA), denied redress. The IA found that renting the grievor's property prior to the sale was contrary to the CFIRP Directive, article 8.2.02 (Occupancy Requirements), which states that "Canadian Forces members or their dependents must occupy the principal residence immediately prior to the sale ...”

The Committee found that the grievor did not meet the occupancy requirements at the time of the sale of his residence and so was not entitled to reimbursement of sale expenses. The Committee also noted that the grievor could have received better and more proactive advice from the relocation services agents. Specifically, the grievor was not told of the real estate incentive (REI) benefit available to Canadian Armed Forces (CAF) members who decide not to sell their principal residences upon posting. As it has previously stated, the Committee noted that the 15-day time limit for electing the REI benefit is too short a time for a member to make such a big financial decision.

The Committee found it regrettable that the REI policy remains unchanged and recommended that the CAF consider issuing a Clarification Bulletin emphasizing the election process for the REI benefit.

The Committee recommended that the Final Authority not afford redress.