Treasury Board Secretariat (TBS) Depressed Market Decisions

Topic

Treasury Board Secretariat (TBS) Depressed Market Decisions

Case number

• 2015-208 (F&R Date: 2015–10–19)

Description

Article 8.2.13 of the Canadian Forces Integrated Relocation Program (CF IRP) Directive stipulates that once a member and his/her realtor submit a case for a depressed market to the Director Compensation and Benefits Administration (DCBA), it is then referred to the TBS as per the Directive; and, it is TBS who determine if an area is a depressed market.

As there is no disclosure of any information by the TBS other than the determination, the member is disadvantaged as they are not being provided with a rationale for the decision made and they are not advised of their right to apply for a judicial review of the TBS decision.

Recommendation

The Committee recommended that the Chief of the Defence Staff (CDS) request that the TBS provide their complete analysis and rationale when they determine that a market is not depressed, thereby allowing the member to prepare an application for judicial review in the Federal Court within the allotted 30-day timeline.

Final Authority Decision

The FA agreed with the Committee's systemic recommendation that CAF personnel receive the complete analysis done by TB when depressed market adjudications are conducted by TB. The FA agreed that this could be a valuable source of information for both helping members better understand the TB's decision making process and also to prepare for potential federal court judicial reviews, should they wish to challenge the TB's decision. The FA asked that the Director General Compensation and Benefits explore this possibility with TB.