# 2024-166 Pay and Benefits, Maternal/Parental Leave, Maternity and Parental Allowance, Negligent Misrepresentation

Case summary

F&R Date: 2025-06-25

The grievor argued that the Canadian Armed Forces (CAF) implementation of the Treasury Board (TB)-approved changes to the Compensation and Benefits Instructions for the Canadian Forces (CBI) 205.461 for extended parental leave benefits was unfair. 

The Director General Compensation and Benefits, acting as Initial Authority (IA), denied the grievor redress. The IA acknowledged that CAF members were not promptly advised of the revision to the CBI and that pay office administrators were not advised of the correct process to follow but affirmed that they are bound by the conditions of the TB-approved policy.

The Committee noted that in December 2017, the Employment Insurance Act was amended to include an “extended” parental benefit, providing for the possibility of up to 61 weeks at a lower benefit rate compared to the existing “standard” Employment Insurance (EI) parental benefit for a period of up to 35 weeks at a higher benefit rate. Importantly, once a family received their first payment of either standard or extended EI parental benefits, this election would become irrevocable and switching from one to the other would become impossible.

The CAF then provides their members with a top up allowance to EI parental benefits through the CBI. Following the introduction of extended parental benefits, on 15 December 2017, Canadian Forces General Message 229/17 announced that CAF members choosing the extended EI parental benefits would be topped up to 93% for the first 35 weeks, with no top-up beyond that. 

Following changes to the top-up allowance for public servants, on 13 May 2021, amendments to CBI 205.461 were approved by the TB, providing 55.8% top-up for CAF members electing extended parental EI benefits for up to 61 weeks. The changes to the CBI were published on the defence wide area network (DWAN) on 11 June 2021 but were not announced to CAF personnel at that time. 

The Committee found that the grievor, having submitted his leave paperwork and commencing his extended parental leave after 11 June 2021, was only entitled to the 55.8% top-up rate under the 13 May 2021 amendments to the CBI. However, the Committee also found that the grievor was aggrieved by the CAF's maladministration of the implementation of the amendments to CBI 205.461. The Committee further concluded that the CAF misrepresented the nature and existence of the parental leave benefit and the grievor relied on these representations, meeting the test for negligent misrepresentation. 

The Committee recommended that the Final Authority afford redress by awarding financial compensation to the grievor, either through an ex gratia payment or by referral to the Director Claims and Civil Litigation.