# 2020-056 Pay and Benefits, Administration of imposed restriction and Separation expense

Case summary

F&R Date: 2020-12-14

While posted to Ottawa, Ontario, the grievor married his spouse who continued to reside in the home she owned in Greenwood, Nova Scotia (NS), after the marriage. The following year, the grievor was posted to Halifax, NS and requested an Imposed Restriction and Separation Expenses (IR/SE)) as his spouse was going to continue to reside in Greenwood. His request was denied as Greenwood had never been the grievor's principal residence and his household goods and effects (HG&E) had never been moved to that location.

The Committee found that, in accordance with article 208.997 of the Compensation and Benefits Instructions for the Canadian Forces (CBI), the grievor's principal residence prior to his posting to Halifax was in Ottawa. Although the grievor wished to declare his spouse's residence in Greenwood as his principal residence, the Committee found that there were no provisions that would allow him to do so; the definition of “principal residence” in the CBI was very clear. Therefore, he could only request IR/SE in relation to his relocation from his principle residence in Ottawa. However, since he was not leaving his HG&E in Ottawa, nor did his spouse reside there, the Committee found that he was not eligible for IR/SE. The Committee recommended that the Final Authority (FA) not afford the grievor redress.

FA decision summary

The Director Canadian Forces Grievance Authority, acting as FA, agreed with the Committee's findings and the recommendation to deny redress.