#2019-005 Pay and Benefits, Allowances and Benefits, Class A Reserve Service, Transportation Assistance

Case Summary

F&R Date: 2019–10–22

The version of section 209.045 – Transportation Assistance Allowance for Reserve Force Personnel on Class “A” and Class “B” Reserve Service of the Compensation and Benefits Instruction for the Canadian Forces (CBI) that came into effect on 1 January 2012 referred to the National Joint Council’s higher kilometric rate. On 1 September 2017, a new version of the CBI was promulgated, returning to the reduced rate. The complainant, who had been receiving the compensation in question since 2008 and had been paid at the reduced rate since the beginning, requested to be paid the higher rate between 2012 and 2017.

The Committee found that the grievor was entitled to the higher rate for the period from 1 January 2012 to 1 September 2017.

The Committee noted that the evidence on file suggested that other Canadian Armed Forces members receiving the allowance had been paid at the incorrect rate between 2012 and 2017. 

FA Decision Summary

The Acting Chief of the Defence Staff (A/CDS), acting as Final Authority (FA), agreed with the Committee’s recommendation to grant the grievance. The FA directed that the Transportation Allowance, received by the grievor, be recalculated according to the rate found in CBI 209.045(3) for the period from 2012 to 2017. The FA directed that Chief Military Personnel ensures that a full review is carried out of all Transportation Allowance requests by reservists (between 1 January 2012 until 31 August 2017) to ensure that members entitled to that benefit obtain the reimbursement at the high rate of mileage.