Removal of DCBA Clarification Bulletin #4 - Definition of Principal Residence Actively Marketed

Topic

Removal of DCBA Clarification Bulletin #4 - Definition of Principal Residence Actively Marketed

Case Number

• 2022-05 (F&R date: 2022-06-15)

Description

The Committee observed that the Director of Compensation and Benefits Administration (DCBA) has been applying its CFIRP 2010- Clarification Bulletin 4 (“Clarification Bulletin 2010-4”) to limit TDRA benefits to only those Canadian Armed Forces (CAF) members who list their principal residence for sale at or below the appraised value. The Committee found no evidence that Clarification Bulletin 2010-4 had ever been approved by the Treasury Board (TB) and noted that if the TB had intended to limit TDRA benefits to only those CAF members who list their principal residence for sale at or below the appraised value, it would have amended the applicable language in the CFIRP Directive accordingly. The Committee concluded that Clarification Bulletin 2010-4 had no standing relative to the CFIRP Directive, and could not be used by DCBA to establish eligibility for TDRA benefits.

Recommendation

The Committee recommended that Director General Compensation and Benefits (DGCB) and DCBA be directed to remove Clarification Bulletin 2010-4 from circulation.

The Committee further recommended that DGCB and DCBA, in conjunction with Brookfield Global Relocation Services, be directed to conduct an audit of all TDRA claims dating between 26 April 2010 and present day that were denied by the CAF on the basis that the listing price was higher than the appraised value. All such denials should be reviewed using only the wording contained within the CFIRP Directive itself to determine TDRA eligibility.