# 2022-089 Pay and Benefits, Discretionary power of the MND under CBI 209.013, Discrimination, Leave Travel Assistance

Case summary

F&R Date: 2023-04-12

The grievor contested the Director General Compensation and Benefits' denial of his request for an exception to the provisions for Leave Travel Assistance (LTA) pursuant to the special powers of the Minister of National Defence in Compensation and Benefit Instructions for the Canadian Forces (CBI) 209.013. The grievor requested to visit his next of kin (NOK), as he was estranged from his biological family members. As redress, the grievor sought consideration of the applicability of CBI 209.013 (Power of the Minister) to his LTA request. 

The Initial Authority found that it would not be equitable or consistent with the stated purpose of the LTA benefit to allow the grievor's NOK to be considered a family member by exception pursuant to CBI 209.013. The Initial Authority denied redress. 

The Committee found that the grievor was aggrieved, as the grievor's request for exception was not properly considered by the Canadian Armed Forces. The Committee found that a fulsome explanation as to why Ministerial power could not be used and why such an exception would not be equitable and consistent with the purpose of the policy should have been provided to the grievor.

The Committee recommended that the Final Authority not afford the grievor redress, as the grievor's request for exception no longer applied given recent amendments to CBI 209.50 to include NOK in the definition of “family member”.