SECTION 5 – SHELTER AND RELATED PROVISIONS |
10.5.01 – DEFINITIONS |
The definitions in this instruction apply in this
section.
"rent ceiling" means the maximum amount
established under CBI 10.5.08 (Rent Ceiling)
in local currency for each post having regard
to the member’s pay level and the number of
occupants in a member’s household. (loyer
maximal)
"rent share" means the monthly amount that
the member pays for accommodation that
corresponds to the average cost of
comparable unfurnished and unserviced
accommodation occupied by a member of the
same pay level and number of occupants in a
member’s household in Canada. (quote-part
de loyer)
"utility allowance" means the monthly amount
established in Canadian currency or local
currency at the post that is paid to a member
to cover reasonable utility charges.
(indemnité de services publics)
"utility charges" means the amount payable
by a member in local currency at the post for
utility expenses. (frais de services publics)
"utility share" means the monthly amount in
Canadian currency that the member pays for
utilities which corresponds to the average
cost of utilities for comparable unfurnished
and unserviced accommodation occupied by
a member of the same pay level and number
of occupants in a member’s household in
Canada. (quote-part des services publics)
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10.5.02 – INTENT |
The intent of this section is to outline the
allowances and benefits designed to ensure that,
wherever possible and practicable and allowing
for local conditions, a member can acquire
suitable accommodation at the post for the
member and the member’s dependants that is
generally comparable to but does not necessarily
equal to the size and nature of the
accommodation the member would have
obtained in Canada and that a member is only
responsible for one set of accommodation and
utility expenses during the member’s deployment
or assignment.
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10.5.03 – ELIGIBLE MEMBERS |
(1) (Eligibility) A member who is posted,
attached posted or attached posting (temporary)
to a place of duty outside Canada is entitled to
the allowances and benefits in this section.
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(2) (Service couple) Only one member of a
service couple is entitled to the allowances and
benefits in this section and the member having
the lower rate of pay is deemed to a dependant
of the other member.
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(3) (Unaccompanied members and members
with no dependants) A member who has no
dependants and is attached posted or attached
posting (temporary) or a member who is
deployed or assigned unaccompanied is entitled
to the allowances and benefits in this section
except that, wherever possible, the member is to
rent furnished accommodation or occupy
furnished Crown-held accommodation.
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10.5.04 – SECTION 5 NOT APPLICABLE |
(1) (Definition) For the purposes of the French
version of this section, "programme" means the
application of the provisions of section 5.
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(2) (Application of this section) Upon a
member’s arrival at the post, the provisions of
this section automatically apply unless the
member elects otherwise in accordance with
paragraph (3).
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(3) (Options available to members) A member
who is not occupying Canadian Crown-held
accommodation may:
(a) upon arrival at the post, elect not to have
the provisions of this section apply to them;
(b) after a decision to have the provisions of
this section not apply to them or partially opt
in or after having previously opted out, elect
to opt in;
(c) if the section applies or partially applies to
them, elect to opt out; and
(d) elect to partially opt in and only have CBI
10.5.13 (Utility Share) and 10.5.14 (Utility
Allowance) apply to them.
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(4) (Effective date of initial election) Other than
an election made under paragraph (3)(a), the
member’s initial decision to elect to opt in or out
may only be backdated to the first day of the
month in which the member elects to opt in or
out.
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(5) (Subsequent election) A subsequent
election to opt in or out may only be made on the
first day of any month.
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(6) (Property management fees) A member,
having elected to opt out or partially opt in, who
pays property management fees at their former
place of duty is entitled to the payment of
property management fees in accordance with
CBI 10.5.17 (Property Management Fees).
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(7) (Recovery of allowances and benefits) If a
member elects to opt out, the allowances and
benefits already advanced, such as security
deposit and utility advance, are to be recovered
immediately. Allowances and benefits paid
annually are to be recovered based on the
number of months remaining in the annual period
when the member elects to opt out.
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10.5.05 – GENERAL PROVISIONS |
(1) (Financial interest) If a member, the
member’s next of kin or the member’s special
dependant has an interest, including a financial
interest, other than as a lessee in the
accommodation occupied by the member, the
member is not entitled to the allowances and
benefits in this section.
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(2) (Election of number of occupants in a
member’s household) A member who is renting
accommodation or occupying Canadian Crownheld
accommodation is entitled to elect to have
the allowances and benefits under this section
determined on the basis of a number of
occupants which is one higher than the member’s
actual number of occupants in the member’s
household. The election is made on the date the
member signs the lease or occupies the Crownheld
accommodation.
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(3) (Higher number of occupants) Election of a
number of occupants in a member’s household
one higher than the member’s actual number of
occupants in the member’s household may be
made if the member's actual rent is within the
rent ceiling applicable to the member's elected
number of occupants in a member’s household
and if the accommodation does not exceed the
entitlement determined under paragraph (7).
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(4) (Effect of election) Election by a member of
a higher number of occupants in a member’s
household applies only in respect of this section.
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(5) (Duration of election of number of
occupants in a member’s household) If a
member makes an election under paragraph (2),
the election remains in force for as long as the
member continues to occupy the
accommodation.
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(6) (Pay levels) For the purposes of CBI 10.5.08
(Rent Ceiling), 10.5.10 (Rent Share) and 10.5.13
(Utility Share), the pay levels are determined
according to the following table:
|
PAY LEVEL |
ANNUAL RATE OF PAY ROUNDED TO THE NEAREST DOLLAR
(in Canadian dollars) |
1 |
1 |
to |
39,999 |
2 |
40,000 |
to |
41,999 |
3 |
42,000 |
to |
43,999 |
4 |
44,000 |
to |
45,999 |
5 |
46,000 |
to |
47,999 |
6 |
48,000 |
to |
49,999 |
7 |
50,000 |
to |
54,999 |
8 |
55,000 |
to |
59,999 |
9 |
60,000 |
to |
64,999 |
10 |
65,000 |
to |
69,999 |
11 |
70,000 |
to |
74,999 |
12 |
75,000 |
to |
79,999 |
13 |
80,000 |
to |
89,999 |
14 |
90,000 |
to |
99,999 |
15 |
100,000 |
to |
109,999 |
16 |
110,000 |
to |
119,999 |
17 |
120,000 |
and |
over |
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(7) (Square metre entitlement) The square
metre entitlement of a member, other than a
member having official representational
responsibilities, for accommodation having
regard to the member’s pay level and number of
occupants in a member’s household, is as
follows:
|
Pay Level |
Number of Occupants |
1 or 2 |
3 or 4 |
5 or more |
m2 |
ft2 |
m2 |
ft2 |
m2 |
ft2 |
1 |
90 |
969 |
138 |
1,486 |
171 |
1,841 |
2 |
91 |
980 |
140 |
1,507 |
171 |
1,841 |
3 |
93 |
1,001 |
143 |
1,539 |
172 |
1,852 |
4 |
94 |
1,012 |
145 |
1,561 |
172 |
1,852 |
5 |
95 |
1,023 |
147 |
1,582 |
172 |
1,852 |
6 |
97 |
1,044 |
150 |
1,615 |
173 |
1,862 |
7 |
98 |
1,055 |
152 |
1,636 |
173 |
1,862 |
8 |
99 |
1,066 |
155 |
1,669 |
173 |
1,862 |
9 |
101 |
1,087 |
157 |
1,690 |
174 |
1,873 |
10 |
102 |
1,098 |
159 |
1,712 |
174 |
1,873 |
11 |
103 |
1,109 |
162 |
1,744 |
174 |
1,873 |
12 |
104 |
1,120 |
164 |
1,765 |
174 |
1,873 |
13 |
106 |
1,141 |
166 |
1,787 |
175 |
1,884 |
14 |
107 |
1,152 |
169 |
1,819 |
175 |
1,884 |
15 |
108 |
1,163 |
171 |
1,841 |
175 |
1,884 |
16 |
110 |
1,184 |
174 |
1,873 |
176 |
1,895 |
17 |
111 |
1,195 |
176 |
1,895 |
176 |
1,895 |
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(8) (Limits) the square meter entitlement is not to
exceed the determined square metre entitlement.
If a member’s accommodation is below the
square metre entitlement set out in paragraph
(7), the member may request an accommodation
deficiency adjustment under CBI 10.5.18
(Accommodation Deficiency Adjustments).
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(9) (Space to be considered) The space to be
considered in applying square metres includes
hospitality and family living areas only. Included
are the entrance foyer and its coat closet, powder
room, living, dining, kitchen, food storage,
bedroom, bathrooms and den/family rooms.
Excluded are closets and storage areas (other
than those noted), stairways, hallways, side and
service entrances, laundry, furnace and
mechanical or electrical equipment rooms.
Measurements are inside wall to inside wall.
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(10) (Number of bedrooms authorized) A
member is entitled to rent accommodation with
the number of bedrooms for the number of
occupants in the household that applies to the
member according to the following table:
|
NUMBER OF OCCUPANTS |
NUMBER OF BEDROOMS AUTHORIZED |
1 or 2 |
2 |
3 or 4 |
3 |
5 or more |
4 |
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(11) (Accommodation Deficiency Adjustment)
A member who is unable to rent accommodation
with the entitled number of bedrooms may apply
for an accommodation deficiency adjustment
under CBI 10.5.18 (Accommodation Deficiency
Adjustments), if the member rents
accommodation with a lower number of
bedrooms.
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(12) (Remuneration paid by third party) If a
third party pays remuneration to a member, the
allowances and benefits to which the member is
entitled under this section are reduced in
accordance with CBI 10.2.11 (Remuneration Paid
by a Third Party).
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10.5.06 – CROWN-HELD ACCOMMODATION |
(1) (Crown-held accommodation) The
Approving Authority may order a member to
occupy any available Crown-held
accommodation at the member’s post.
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(2) (Occupancy agreement) A member
occupying Crown-held accommodation must sign
an occupancy agreement and must:
(a) verify the furnishings in the
accommodation and note their condition in
the schedules attached to the Occupancy
Agreement; and
(b) obtain appropriate householder's
insurance for public liability and for damage
to or loss of the member’s furniture and
effects.
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10.5.07 – ALLIED NATION ACCOMMODATION |
A member who rejects accommodation offered
by an allied nation at a post must have their
reasons for the rejection approved by the Director
General Compensation and Benefits in order to
receive rent allowance.
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10.5.08 – RENT CEILING |
(1) (Determination of rent ceiling) A member’s
rent ceiling for unfurnished accommodation is
determined as follows:
(a) if a member is serving at a post in respect
of which a rent ceiling is established in
accordance with FSD 25, the member’s rent
ceiling is the amount established for the post
under that FSD;
(b) if a member is serving at a post in respect
of which the rent ceiling has not been
established in accordance with FSD 25, the
rent ceiling is the amount established
annually by the Director of Compensation
and Benefits Administration (DCBA) for that
post having regards the member’s pay level
and number of occupants in a member’s
household, and the local conditions at the
post.
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(2) (Posting instruction) If a member has a
posting and promotion message, the member’s
rent ceiling is determined according to the
member’s new pay level.
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(3) (Choice to share accommodation) If a
member chooses to share accommodation with
one or more other members, the rent ceiling is
determined on the basis of the total number of
members, dependants and special dependants in
living in the accommodation and the pay level of
the member receiving the highest monthly pay,
not including allowances under this chapter.
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(4) (Representational duties) A member who is
assigned representational duties is entitled to an
additional amount to the member’s rent ceiling of:
(a) 25% of the rent ceiling for a member with
extensive representational duties; or
(b) 10% of the rent ceiling for a member with
limited representational duties.
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(5) (Rent ceiling increase) If due to local
conditions at the post the amount determined
under subparagraph (1)(b) is no longer adequate,
a member’s rent ceiling may be increased by an
amount authorized by DCBA.
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(6) (Multi-year lease) The rent ceiling in effect
under paragraph (1), on the date the member
signs the lease, is the rent ceiling for each year of
a multi-year lease.
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(7) (Escalation clause) In the case of a multiyear
lease where the actual rent is within the rent
ceiling for the first year but the lease contains an
escalation clause that causes the member’s rent
ceiling to be exceeded, DCBA approval of an
increased rent ceiling is required.
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(8) (Local Move) If a local move of a member
whose rent ceiling is established under
subparagraph (1)(b) occurs which is:
(a) beyond the member’s control and results
in the rent ceiling being exceeded, approval
of the DCBA for an increase to the rent
ceiling is required; or
(b) for the member’s personal reasons, the
member is not entitled to have their rent
ceiling increased.
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(9) (Furnished accommodation) A member is
entitled to rent furnished accommodation and to a
rent ceiling that is 25% over the rent ceiling the
member would have been entitled to for
unfurnished accommodation if:
(a) the member’s move is a controlled move;
or
(b) the member’s move of furniture and
effects is prohibited.
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(10) (Commercial accommodation) A member
who occupies commercial accommodation is
entitled to a rent ceiling that is 25% over the rent
ceiling the member would have been entitled to
for unfurnished accommodation.
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(11) (Change in number of occupants in
household) If the number of occupants in a
member’s household increases or decreases
after the date on which the accommodation is
occupied, the member’s rent ceiling will not be
increased or decreased for the duration of the
lease.
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(12) (Special dependant) A member is not
entitled to an increase in the rent ceiling as a
result of a person who has been designated as a
special dependant after the member arrives at
the post, except if a member is compelled to
change leased accommodation for reasons that
are beyond the member's control not having
regard to the designation of the special
dependant.
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10.5.09 – RENT ALLOWANCE |
(1) (Maximum rent allowance) Rent allowance
is paid to a member when the actual rent
exceeds the member's rent share and must be
within the member's rent ceiling for the post as
established under CBI 10.5.08 (Rent Ceiling).
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(2) (Entitlement) Unless otherwise provided
under this section, a member is entitled to rent
allowance for each day during the member’s
period of service at a post for which the
accommodation, in respect of which rent
allowance has been approved, is occupied by the
member or any of the member’s dependants or
special dependants.
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(3) (Choice to share accommodation) If a
member chooses to share accommodation with
one or more other members, only the member
receiving the highest monthly pay, not including
allowances under this Chapter, shall be paid the
rent allowance.
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(4) (Payment of rent allowance) If rent
allowance cannot be paid in local currency, it is to
be paid for the duration of the lease at the local
currency equivalent of the amount calculated as
rent allowance in Canadian currency.
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(5) (Foreign exchange adjustments)
Calculation of the rent allowance under
paragraph (4) is in Canadian currency at the
Public Works and Government Service Canada
(PWGSC) exchange rate on the date of
commencement of the lease or at the PWGSC
rate of exchange at the time of any change of
status that affects the member's rent allowance.
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(6) (Timing of adjustments) Adjustments in the
amount of rent allowance are computed every
two months and when rent allowance is ceased,
using the PWGSC exchange rate on the first
working day of the month in which rent allowance
is payable.
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(7) (Monthly amount) The rent allowance is a
fixed monthly amount for the duration of the lease
payable as follows:
(a) if the actual monthly rent does not exceed
the member’s rent ceiling, the actual monthly
rent is the member’s rent allowance; and
(b) if the actual monthly rent is greater than
the member’s rent ceiling, the rent ceiling is
the member’s rent allowance.
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(8) (Actual monthly rent) The actual monthly
rent includes the following:
(a) taxes and other mandatory charges
required under the terms of the lease, such
as condominium fees and subdivision fees, if
they relate specifically to the accommodation
and are identified as such;
(b) the monthly cost of monitoring a
previously installed security system, if this is
a condition of the lease;
(c) rent for a garage at the location of the
accommodation or if the accommodation has
no parking facilities, the cost for rental of
parking facilities that the member pays other
than at the accommodation; and
(d) the lodging portion of the cost of
commercial accommodation, if a member
resides in commercial accommodation.
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(9) (Escalation clause) If the lease contains an
escalation clause, rent allowance is increased for
the remainder of the term of the lease pursuant to
the escalation clause, provided that the actual
monthly rent remains within the member’s
established rent ceiling.
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(10) (Change of rent ceiling) If a member's rent
allowance is limited by an established rent ceiling
and that rent ceiling is subsequently:
(a) increased, the member's rent allowance is
adjusted effective the date of the revision of
the rent ceiling; or
(b) decreased, the member's rent allowance
is not adjusted until the member changes
accommodation or departs the post.
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(11) (Member absent from post) A member
absent from the post:
(a) who occupies commercial
accommodation at the post, ceases to be
entitled to rent allowance on the date the
member departs the post, unless the
Approving Authority (AA) certifies that the
member is required to retain the commercial
accommodation;
(b) who is on leave, continues to be entitled
to rent allowance; or
(c) without authority, ceases to be entitled to
rent allowance for the period that the member
is absent without authority.
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(12) (Subletting accommodation) If a member
who is absent from the post on temporary duty or
on leave sublets their accommodation, the
member’s rent allowance is reduced by the
amount the member receives from subletting.
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(13) (Renovations) If the lessor upgrades the
member’s accommodation during the lease
negotiations or during the period of the lease, the
member’s rent allowance is not adjusted until the
initial lease expires, despite that the member’s
actual rent may be increased and the new actual
rent is less than the member’s rent ceiling.
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(14) (Payment) The monthly amount of rent
allowance is payable to the member on the date
the member is to pay rent according to the terms
of the lease.
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10.5.10 – RENT SHARE |
(1) (Rent share) Subject to CBI 10.5.11 (Waiver
of Rent Share), a member to whom this section
applies pays a rent share for the accommodation
the member occupies or rents.
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(2) (Amount of rent share) A member pays a
monthly rent share based on their pay level and
the number of occupants in the member’s
household when the member signs the lease or
occupies the Crown-held accommodation, as
follows:
|
RENT SHARE (in Canadian dollars) |
Pay Level |
Number of Occupants |
1 or 2 |
3 or 4 |
5 or more |
1 |
369 |
434 |
477 |
2 |
389 |
454 |
501 |
3 |
409 |
474 |
525 |
4 |
429 |
494 |
550 |
5 |
449 |
514 |
574 |
6 |
470 |
535 |
598 |
7 |
490 |
555 |
623 |
8 |
510 |
576 |
647 |
9 |
530 |
595 |
672 |
10 |
551 |
616 |
696 |
11 |
571 |
636 |
720 |
12 |
592 |
657 |
745 |
13 |
598 |
677 |
769 |
14 |
619 |
697 |
793 |
15 |
639 |
717 |
818 |
16 |
660 |
738 |
842 |
17 |
680 |
758 |
867 |
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(3) (Annual adjustments) The rent share is
adjusted annually by the Director Compensation
and Benefits Administration on 01 April based on
the most recent Consumer Price Index of the
annual movement for rent of accommodation as
determined by Statistics Canada.
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(4) (Other adjustments) Despite any increase or
decrease in the member’s pay or in the number
of occupants in a member’s household, the
member’s rent share is based on the pay level
and the number of occupants in a member’s
household on the date the lease is signed or the
Crown-held accommodation is occupied, except
if:
(a) there is a rent increase due to:
(i) a lease renewal,
(ii) an escalation clause, or
(iii) a local government legislated
increase; or
(b) the member changes accommodation.
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(5) (Choice to share accommodation) If a
member chooses to share accommodation with
one or more other members, the rent share is
determined on the basis of the total number of
members, dependants and special dependants in
the household and the pay level of the member
receiving the highest monthly pay, not including
the allowances under this chapter.
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(6) (Required to share Crown-held
accommodation) If a member is required to
share Crown-held accommodation with one or
more other members together with their
dependants or special dependants, each
member’s rent share is based on their annual pay
and number of occupants in a member’s
household divided by the number of members
sharing the accommodation.
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(7) (Effect of accommodation deficiency
adjustment) If the member is entitled to an
accommodation deficiency adjustment under CBI
10.5.18 (Accommodation deficiency
adjustments), the amount of that adjustment is
deducted from the member's rent share.
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10.5.11 – WAIVER OF RENT SHARE |
(1) (Waiver of rent share) A member who is
required to pay a rent share under CBI 10.5.10
(Rent Share) and who continues to be financially
responsible for accommodation at their previous
place of duty may be granted a waiver of rent
share subject to the terms and conditions of this
instruction.
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(2) (Determined period of waiver) The following
members who continue to be financially
responsible for accommodation at their previous
place of duty are entitled to a waiver of rent share
for a period not exceeding nine months, less the
amount of posting notice given before the
departure for the post, calculated from the first
day of the month following the date in which the
posting instruction was issued:
(a) a member whose principal residence, as
defined in CBI 209.96 (Acquisition and
Disposal of Residential Accommodation), is
vacant due to circumstances beyond the
control of the member; or
(b) a member who is subject to pay rent at
their previous place of duty and at their
current place of duty;
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(3) (Extension of determined period) For the
purposes of paragraph (2), if a member’s posting
is extended for a period of more than nine
months, the member is deemed to have
terminated a posting and commenced a new
posting.
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(4) (Limit) For the purpose of calculating the
entitlement period for waiver of rent share in
paragraph (2), the reduction made to the rent
share under CBI 10.5.17(8) (Locating a tenant),
no matter the amount of the reduction, is
equivalent to one month waiver of rent share.
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(5) (No reduction) A member who has already
been granted a waiver of rent share for the entire
period to which the member was entitled to under
paragraph (2) is not entitled to the reduction of
rent share for the fees associated with locating a
tenant in CBI 10.5.17 (Property Management
Fees).
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(6) (Undetermined period of waiver) The
following members who continue to be financially
responsible for accommodation at their previous
place of duty are entitled to a waiver of rent share
for an undetermined period:
(a) a member whose spouse or common-law
partner remains in Canada in order to avoid
disruption of a dependent child’s education at
the primary or secondary level, for the
duration of the posting, until the date the child
completes secondary education or the date
the spouse or the common-law partner
moves to the post, whichever is earlier;
(b) a member who is not authorized to move
their dependants for the duration of the
period that the member is not authorized to
move their dependants;
(c) a member who has no dependants and
who is not authorized to move their furniture
and effects for the duration of the period that
the member is not authorized to move their
furniture and effects.
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(7) (Cross-posting) A member who is crossposted
and whose dependants remain at the
previous post, continues to pay rent share at the
previous post but is granted a waiver of rent
share at the new post, until the member’s
dependants move to the new post.
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(8) (Member’s responsibility) A member who
has been granted a waiver of rent share is
responsible to report to the AA when the member
is no longer financially responsible for
accommodation at their previous place of duty.
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10.5.12 – ACCOMMODATION PAYMENTS, ADVANCES AND RECOVERY |
(1) (Payment by member to hold
accommodation) A member is entitled to be
reimbursed an amount equivalent to the rent paid
by the member to hold accommodation for a
period prior to the date of the member’s arrival at
the post and, if applicable, prior to the date of
delivery of the member’s furniture and effects, but
such period is not to exceed three months.
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(2) (Payment by Approving Authority to hold
accommodation) The Approving Authority (AA)
who considers it necessary to retain
accommodation for a member may authorize
payment of the rent for that living accommodation
for a period of vacancy not to exceed three
months.
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(3) (Advance to acquire accommodation) If not
relocated under the Canadian Forces Integrated
Relocation Program, a member who is required
to pre-pay the lessor a sum of money to acquire
accommodation, either as advance rent or in
consideration of tenancy but other than as a
security deposit, the member, is:
(a) entitled to an advance not exceeding six
times the member’s monthly rent; or
(b) to forward a request to the Director
Compensation and Benefits Administration
for approval if the member is required to prepay
a sum of money greater than six times
the member’s monthly rent.
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(4) (Recovery of advance) If an advance is
made under paragraph (3):
(a) for advance rent, a member is not entitled
to a rent allowance for the period of the lease
for which the advance rent was paid and,
unless the member has been granted a
waiver of rent share the member must pay a
rent share;
(b) in consideration of tenancy, the amount of
such advance is to be recovered by monthly
deductions at a rate not less than the amount
of the advance divided by the total number of
months of the lease.
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(5) (Security deposit) If, under the terms of a
lease, a member is required to pay the lessor, on
a refundable basis, a sum of money as a security
deposit against property damage or otherwise,
the member is entitled to an advance for the
security deposit not exceeding an amount equal
to six times the monthly rent.
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(6) (Remittance of security deposit and
interest) A member who receives a security
deposit advance under paragraph (5) must remit
the advance to the AA upon reimbursement by
the lessor and, if the interest accumulated on the
security deposit is refundable to the lessee on
termination of the lease, the member must also
remit such interest to the AA.
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(7) (Security deposit withheld) If a lessor
withholds all or part of a security deposit as
payment for alleged loss, damage or other
liability:
(a) the AA may, if the amount withheld does
not exceed the amount of rent on which the
member's rent allowance is based for one
month, reduce the member’s amount owing
on the advance for the security deposit for
that part of the withheld security deposit that,
in the opinion of the AA, does not represent
loss or damage caused by the member; or
(b) the CDS may, if the amount withheld
exceeds the amount of rent on which the
member's rent allowance is based for one
month:
(i) authorize, in accordance with CBI
10.5.22 (Expenses to Settle Dispute),
payment for legal and related expenses,
and
(ii) and if legal proceedings by the
member would be uneconomical or
prejudicial to the Canadian Forces
objectives, reduce the member’s amount
owing on the advance for the security
deposit for that part of the withheld
security deposit that, in the opinion of the
CDS, does not represent loss or damage
caused by the member.
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10.5.13 – UTILITY SHARE |
(1) (Utility share) A member must pay a utility
share, unless the member:
(a) is entitled to a waiver of utility share; or
(b) has chosen to opt out of this section in
accordance with CBI 10.5.04 (Section 5 Not
Applicable).
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(2) (Amount of utility share) A member pays a
monthly utility share based on their pay level and
the number of occupants in the member’s
household, as follows:
|
UTILITY SHARE (in Canadian dollars) |
Pay Level |
Number of Occupants |
1 |
2 |
3 |
4 |
5 or more |
1 |
123 |
133 |
156 |
164 |
171 |
2 |
130 |
140 |
163 |
172 |
180 |
3 |
137 |
147 |
170 |
180 |
189 |
4 |
144 |
154 |
178 |
188 |
198 |
5 |
152 |
162 |
185 |
197 |
206 |
6 |
159 |
169 |
192 |
205 |
215 |
7 |
166 |
176 |
200 |
213 |
224 |
8 |
174 |
184 |
207 |
222 |
233 |
9 |
181 |
191 |
214 |
230 |
241 |
10 |
188 |
198 |
222 |
238 |
250 |
11 |
195 |
205 |
229 |
246 |
259 |
12 |
203 |
213 |
236 |
255 |
268 |
13 |
205 |
215 |
244 |
263 |
277 |
14 |
213 |
223 |
251 |
271 |
285 |
15 |
220 |
230 |
258 |
279 |
294 |
16 |
227 |
237 |
265 |
288 |
303 |
17 |
234 |
244 |
273 |
296 |
312 |
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(3) (Annual adjustments) The utility share is
adjusted annually by the Director Compensation
and Benefits Administration on 01 April based on
the most recent Consumer Price Index of the
annual movement for utilities as determined by
Statistics Canada.
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(4) (Effective date) Despite any increase or
decrease in the member’s pay level, the
member’s utility share is based on the pay level
of the member and the number of occupants in a
member’s household on the date the
accommodation is occupied until:
(a) the member changes accommodation; or
(b) there is a change in the number of
occupants in the member’s household,
including the designation of a special
dependant.
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(5) (Arrival and departure of occupants) For
the purposes of subparagraph (4)(b), the
member’s utility share is increased or decreased
effective on the first day of the month following
the arrival or departure of an occupant in a
member’s household. A dependant who
becomes 21 years of age and is no longer a
dependant for purposes of this chapter continues
to be an occupant for the purpose of Utility
Share.
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(6) (Waiver of utility share) A member is entitled
to a waiver of utility share:
(a) if the member has dependants and is not
authorized to move them and continues to be
financially responsible for utilities at the
previous place of duty;
(b) if the member has no dependants, is
prohibited from moving their furniture and
effects and continues to be financially
responsible for utilities at the previous place
of duty;
(c) if the member’s spouse or common-law
partner remains in Canada in order to avoid
disruption of a dependent child’s education at
the primary or secondary level for the
duration of the assignment or deployment
until the child completes secondary education
or the date the spouse or the common-law
partner moves to the post, whichever is
earlier;
(d) if a member is cross-posted and the
member’s dependants remain at the previous
post until the dependants move to the new
post.
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(7) (Member’s responsibility) A member is
responsible to report to the Approving Authority
when the member is no longer financially
responsible for utilities at their previous place of
duty.
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10.5.14 – UTILITY ALLOWANCE |
(1) (Utility allowance) A member who:
(a) is not occupying a Crown-held
accommodation and who is not residing in a
commercial accommodation is entitled to a
utility allowance based on the charges of the
utilities in paragraph (4);
(b) resides in commercial accommodation, is
not entitled to a utility allowance, unless the
member pays for utilities separate from the
lodging portion of the cost of commercial
accommodation.
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(2) (Direct payment) If it is possible for the
Approving Authority (AA) to pay the cost of
utilities directly to the utility supplier, the AA is to
make the necessary arrangements.
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(3) (Utility allowance) A member who is entitled
to a utility allowance must submit a request to the
AA:
(a) with an estimate of the applicable charges
in paragraph (4); or
(b) allow the AA to calculate an estimate of
the applicable charges in paragraph (4).
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(4) (Utility charges) The charges that may be
included in the estimates referred to in paragraph
(3) are the following:
(a) rental and repair charges for meters;
(b) water charges;
(c) gas charges;
(d) the cost of fuel used for heating, including
cost of firewood if it:
(i) is the primary source of heat,
(ii) is an essential source of heat to
supplement an inadequate heating
system, or
(iii) is used in fuel-efficient fireplaces
designed to reduce energy consumption;
(e) the charge of fuel used for cooking;
(f) electricity charges;
(g) sewage charges, including the emptying
of septic tanks;
(h) garbage collection charges, including
garbage bags, tags or containers required by
the local government;
(i) charges or taxes for municipal services
such as fire protection, police protection,
street cleaning, mail delivery, street lighting
and snow removal, when not included in the
leasing agreement as part of rent;
(j) pest control charges if required by law or
those that would be the responsibility of the
landlord in Canada or appropriate local
authority such as the municipal health or
sanitation department in Canada;
(k) license fees and related taxes imposed by
the host government for one television set,
one car radio and one radio in the
accommodation;
(l) any sales or excise tax on the related bills
for the items listed above; and
(m) if the local water is not potable, charges
for bottled water as follows:
(i) 9 litres per day per person 12 years of
age or over, and
(ii) 5 litres per day per person under 12
years of age.
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(5) (Member’s responsibility) The member is
responsible for the cost of the following services:
(a) telephone services;
(b) maid services;
(c) cable television or satellite; and
(d) subject to CBI 10.5.20 (Grounds
Maintenance Assistance), gardening or other
grounds maintenance for privately leased
accommodation.
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(6) (Swimming pool) If a member leases private
accommodation or occupies Crown-held
accommodation containing a swimming pool on
the grounds of the premises, the member is
responsible for any costs associated with the
pool. The AA will reduce the utility allowance
accordingly.
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(7) (Other expenses) A request for additional
expenses to be included in the calculation of the
member’s utility allowance is to be forwarded to
the Director Compensation and Benefits
Administration for approval.
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(8) (Reconciliation) Annually, or when
entitlement to the utility allowance ceases, the
member will advise the AA of the actual charges
of utilities for reconciliation purposes and
applicable adjustments.
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(9) (Utility advance) A member who is required
to pre-pay for utilities in order to receive a service
is entitled to an advance not exceeding the
amount of the pre-payment required by the utility
company.
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(10) (Recovery of utility advance) An advance
made under paragraph (9) is:
(a) repaid by the member upon recovery of
the pre-payment from the utility company; or
(b) recovered from the member’s pay within
60 days following the member’s departure
from the post.
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10.5.15 – FURNITURE AND APPLIANCE RENTAL |
(1) (Conditions) The furniture and appliance
rental allowance may only be granted if, because
of local circumstances:
(a) the Canadian Forces Support Unit cannot
provide furniture or appliances; and
(b) there is no host nation support for the
provision of furniture and appliances.
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(2) (Entitlement) Subject to paragraph (1), a
member is entitled to a furniture and appliance
rental allowance as follows:
(a) if the move of the member’s furniture and
effects is authorized, the member is entitled
to an allowance not to exceed 25% of the
member’s rent ceiling;
(b) if the move of furniture and effects is
controlled or prohibited:
(i) and the member is living in furnished
accommodation, the member is entitled
to an allowance not to exceed 25% of the
member’s rent ceiling, or
(ii) and the member is living in
unfurnished accommodation because
furnished accommodation is not
available, the member is entitled to an
allowance not to exceed the amount
established by the Chief of the Defence
Staff.
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(3) (Itemized list) The furniture and appliance
rental allowance may only be used to rent items
on the list provided to the member.
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(4) (Special dependants) A member who has a
special dependant designated after their arrival at
the post is not entitled to the furniture and
appliance rental allowance in regards to that
person, even if the member has not reached the
maximum amount to which he is entitled under
paragraph (2).
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(5) (Rent-to-buy contracts) Only rent-to-buy
contracts that do not result in the member gaining
ownership of the furniture or appliance at the
expiration of the contracts are permitted under
this instruction.
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(6) (Maintenance and insurance) If a member is
authorized to rent furniture and appliances, any
associated maintenance or insurance costs in the
lease or rental contract are the Crown’s
responsibility, however, the rental cost is to be
shown separately from the maintenance or
insurance costs.
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(7) (Member’s responsibility) Any fees charged
by rental company for damages to the rented
furniture and appliances, other than damages
covered by the insurance, are the responsibility
of the member.
|
(8) (Delivery and pick-up) A member is entitled
to reimbursement of delivery and pick-up costs
for the rented furniture and appliances.
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(9) (Financial interest) A member may only rent
furniture and appliances from a business
enterprise and must not have any financial
interest with respect to that business.
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(10) (Cessation) The allowance ceases:
(a) in accordance with CBI 10.5.04 (Section 5
Not Applicable), if a member elects to opt out
or partially opt in; or
(b) the day of the final departure from the
accommodation of the last occupant in a
member’s household.
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(11) (Request) The payment of the furniture and
appliance rental allowance is made on a monthly basis
and is conditional on the member’s request
for the allowance at the beginning of the contract
on a form CF 52, accompanied with a copy of the
rental contract, and certified as follows:
"I accept this allowance on condition that I will
inform the AA of any changes to the rental
contract and will provide any document
required in that regard."
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10.5.16 – PURCHASE OF FURNITURE AND APPLIANCES |
(1) (Entitlement) Subject to paragraph (2), a
member who is posted to a place of duty outside
Canada is entitled to the reimbursement of 50%
of the purchase price of Chief of the Defence
Staff (CDS) approved items of furniture and
appliances if, because of local circumstances:
(a) the Canadian Forces Support Unit cannot
provide furniture or appliances to the
member;
(b) the rental of furniture or appliances is not
possible or practicable because of the
unavailability of furniture or appliance rental
companies or prohibitive rental costs; and
(c) there is no host nation support for the
provision of furniture and appliances.
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(2) (Request procedure) A request for purchase
of furniture and appliances:
(a) of 5,000 Canadian dollars or less is
submitted to the Approval Authority (AA) for
review and approval within 30 days of the
member’s occupancy of the accommodation
and prior to the purchase of furniture and
appliances; or
(b) greater than 5,000 Canadian dollars is
submitted to the AA for review and
submission to the CDS for approval, within 60
days of the member’s occupancy of the
accommodation and prior to the purchase of
furniture and appliances.
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(3) (AA review) In reviewing any application for
the purchase of furniture and appliances, the AA
must be satisfied that all other sources to obtain
furniture or appliances have been eliminated.
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(4) (Itemized list) A member may only be
reimbursed for items on the list provided to the
member and for which approval has been given.
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(5) (Special dependant) For the purpose of the
determining what the member is entitled to under
the list, the member may include any special
dependant who was designated prior to the
posting.
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(6) (Furniture or appliance purchase advance)
A member who is required to purchase furniture
and appliances is entitled to an advance in an
amount equal to the actual purchase price of the
furniture or appliance authorized for purchase.
The member is to submit a claim for
reimbursement within 30 days of the purchase
authorized under paragraph (2).
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10.5.17 – PROPERTY MANAGEMENT FEES |
(1) (Eligible members) This instruction applies
to a member who is posted to a place of duty
outside Canada and whose move does not occur
under the Canadian Forces Integrated Relocation
Program.
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(2) (Entitlement) If a member’s principal
residence, as defined in CB I 209.96 (Acquisition
and disposal of residential accommodation), is
rented or is for rent, the member is entitled to
reimbursement of actual and reasonable fees
charged by a property management firm for the
length of the member’s posting, not to exceed
10% of the monthly rent of the member’s
principal residence.
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(3) (Exception) If the property management fees
exceed 10% of the monthly rent of the member’s
principal residence, the Director Compensation
and Benefits Administration may approve the
reimbursement of the actual and reasonable fees
having regard to the local market conditions.
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(4) (Reimbursable fees) The reimbursement of
property management fees is limited to the fees
incurred for managing the property and excludes
such items as security, insurance, renovations,
repairs, or improvements to the property.
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(5) (Escalation clauses) Escalation clauses in
the property management agreement or lease or
are to be identified at the time of application.
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(6) (Financial interest) A member is not entitled
to reimbursement for the property management
by a property management firm owned or
controlled by the member, the member’s spouse
or common-law partner or one of the relatives.
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(7) (New agreement) A new application is
required if a new agreement is reached either
with the existing property management firm or
with a new property management firm.
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(8) (Locating a tenant) In addition to the fees
reimbursed under paragraph (2) and subject to
paragraph (10), if, for the purpose of locating a
first or subsequent tenant, but not both, the
member engages the services of a property
management firm, the member is entitled, only on
one occasion, to have up to one month’s rent
share reduced by the amount paid for those
services.
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(9) (Limit) For the purpose of calculating of the
entitlement period for waiver of rent share under
CBI 10.5.11(2) (Determined Period of Waiver),
the reduction made in paragraph (8), no matter
the amount of the reduction, is equivalent to one
month waiver of rent share.
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(10) (No reduction) A member who has already
been granted a waiver of rent share for the entire
period to which he was entitled to under CBI
10.5.11(2) is not entitled to the reduction of rent
share for the fees associated with locating a
tenant.
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(11) (Request for reduction) The request for a
reduction in rent share specified in paragraph (8)
is to be submitted to the Approving Authority for
consideration and approval.
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(12) (Exception) If the member has opted out or
partially opted in, the member is entitled to be
reimbursed an amount not to exceed the monthly
rent that the member is paying at the post.
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10.5.18 – ACCOMMODATION DEFICIENCY ADJUSTMENTS |
(1) (Entitlement) A member who is paying a rent
share is entitled to an Accommodation Deficiency
Adjustment (ADA), if the member:
(a) is required to occupy unsuitable Crownheld
accommodation; or
(b) due to the general deficiency in rental
accommodation available at the post, rents
unsuitable accommodation.
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(2) (Member’s choice) A member who elects to
live in substandard accommodation where there
is comparable accommodation at the post is not
entitled to an ADA.
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(3) (Request procedure) Requests for the
consideration and approval of the Director
Compensation and Benefits Administration
(DCBA) for an ADA are to be submitted to the
Approving Authority (AA).
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(4) (Amount of adjustment) The DCBA may
approve an ADA equal to a reduction of 10%,
20% or 30% of the member’s rent share,
reflecting a low, moderate or high degree of
deficiency.
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(5) (Factors considered) Factors considered for
the determination of an ADA include:
(a) the member’s square metre and bedroom
entitlement in accordance with CBI 10.5.05
(General Provisions); and
(b) the factors listed under paragraph 6(b) to
(e) in Appendix C of FSD 25.
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(6) (Factors not considered) Factors not
considered for the determination of the ADA
include:
(a) undesirable environmental condition that
reduces the aesthetic value of all Crown-held
or leased accommodation at a particular post;
(b) deficiencies accommodation that are
related to furniture, furnishings and official
representational duties.
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(7) (Crown-held accommodation) A request for
an ADA for Crown-held accommodation
controlled by Department of Foreign Affairs and
International Trade (DFAIT) is to be sent to the
AA and be accompanied by an assessment and
recommendation from the Head of Mission.
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(8) (Effect of accommodation deficiency
adjustment) If the member is entitled to an ADA,
the amount of adjustment calculated under this
instruction, is deducted from the member's rent
share.
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(9) (Annual review) The AA will review the
validity of existing deficiency adjustments at the
post on April 1st of each year, or when the
member changes accommodation, and will make
a report of the review to the Director
Compensation and Benefits Administration.
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10.5.19 – MAINTENANCE OR REPAIR COSTS |
(1) (Renovation or repair expense to obtain
accommodation) If a member, in order to obtain
suitable leased accommodation on arrival at the
post, must incur expenses for renovation, repair
or for a payment in the nature of capital
expenditure, the member is to provide a
submission to the Approving Authority (AA)
detailing the housing situation that prevails at the
post, the reasons for selecting that particular
accommodation and the extent of renovation or
repair.
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(2) (Maximum entitlement for renovation or
repair expenses) The member is entitled to a
maximum reimbursement for renovations or
repairs equivalent to one month's actual rent for
that accommodation, but not exceeding the
member’s rent ceiling.
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(3) (Reimbursement procedure) A request for
reimbursement of expenses incurred for
approved renovations or repairs under paragraph
(1) is submitted for approval by the AA on a form
CF 52 accompanied with itemized receipts.
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(4) (Member’s responsibility) The member is
responsible to ensure that, wherever possible,
the lease provides that the lessor is responsible
for maintenance and repairs. The member is
responsible to be aware, at the time the lease is
signed, of the anticipated maintenance costs to
the member.
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(5) (Normal maintenance or repair costs) A
member who, because of local law or the terms
of the lease, is responsible for all or a portion of
costs for normal maintenance or repairs for
equipment permanently installed in the leased
accommodation is entitled to reimbursement of
such actual and reasonable expenses for
maintenance or repairs, consistent with those
which would normally be the responsibility of the
Crown for Crown-held accommodation.
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(6) (Approval for normal maintenance or
repairs) If the member’s anticipated cost of
normal maintenance or repairs under paragraph
(5) is expected to exceed 200 Canadian dollars
for any one occasion, or a total of 1,000
Canadian dollars in any calendar year, prior
approval from the AA is required.
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(7) (Major repairs or renovation) The AA may
authorize reimbursement of up to one month's
rent for major repairs or renovation, and the
Director Compensation and Benefits
Administration (DCBA) may authorize
reimbursement in excess of one month's rent for
major repairs or renovations. If costs for major
repairs or renovations are expected to be
significant, the AA is to explore alternatives,
taking into consideration such factors as the
duration of the lease, the anticipated duration of
the member’s deployment or assignment, the
availability of alternative suitable accommodation,
as well as the costs associated with breaking the
lease and a local move.
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(8) (Termination of lease) Maintenance
requirements with respect to the end or
termination of a lease will only be reimbursed on
relocation due to a posting for members whose
move does not occur under the Canadian Forces
Integrated Relocation Program. However,
reimbursement of such expenses for other
moves will be considered only in exceptional
circumstances for all members.
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(9) (Swimming pool) A member who leases
accommodation or occupies Crown-held
accommodation containing a swimming pool on
the grounds of the premises is responsible for
any required maintenance, including testing and
treating the water, cleaning and vacuuming, and
any costs associated with the seasonal opening
and closing of the pool.
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10.5.20 – GROUNDS MAINTENANCE ASSISTANCE |
(1) (Definition) The definitions in this paragraph
apply in this instruction.
"grounds maintenance allowance" means the
monthly amount in Canadian currency or
local currency at the post that is paid to a
member to cover the grounds maintenance
charges at the post. (indemnité pour
l’entretien du terrain)
"grounds maintenance charges" means the
amount payable in local currency at the post
for reasonable expenses incurred by a
member for lawn mowing, aerating, and
fertilizing, and for landscaping of pre-existing
hedges, ornate trees, flower gardens and
flowerbeds associated with the member’s
accommodation at the post. (frais pour
l’entretien du terrain)
"ground maintenance share" means the
monthly charge in Canadian currency that a
member in receipt of grounds maintenance
allowance pays to the Crown for grounds
maintenance assistance. (quote-part pour
l’entretien du terrain)
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(2) (Entitlement) A member who, due to their
official representational duties is entitled to a 25%
increase in the rent ceiling in accordance with
10.5.08 (Rent Ceiling), is entitled to a grounds
maintenance allowance (GMA) in local currency
to assist with grounds maintenance charges.
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(3) (Grounds maintenance share) The grounds
maintenance share (GMS) in Canadian currency
is calculated as follows:
(a) if the lot is less than 660 square metres:
[{(lot size/660) square metres} x 100] = GMS
in Canadian dollars; or
(b) if the lot is 660 square metres or more:
[{(660/lot size) square metres} x 100] = GMS
in Canadian dollars.
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(4) (Separate maintenance contract) A member
is responsible to obtain a separate maintenance
contract for functions such as snow removal,
cleaning a swimming pool, planting and
maintaining a vegetable garden or planting new
flower gardens or flowerbeds.
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(5) (Monthly amount of GMA) If the monthly
ground maintenance charges incurred by a
member:
(a) do not exceed the member’s GMS, no
GMA is payable; or
(b) are greater than the member’s GMS, the
payable GMA is equal to the actual grounds
maintenance charges.
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10.5.21 – RENT OR LEASE LIABILITY |
A member who is not relocated under the
Canadian Forces Integration Relocation Program
and incurs rent or lease liability upon departure
from the post may be reimbursed under CBI
209.955 (Reimbursement for rent or lease
liability).
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10.5.22 – EXPENSES TO SETTLE DISPUTE |
(1) (Entitlement) If a dispute arises at a post
between a member and a lessor, either during
the term of a lease or on termination of a lease,
about loss or damages allegedly caused by the
member, the member is entitled to the payment
of:
(a) the expenses of securing independent
competent assistance, including legal
services, provided such expenses do not
exceed the difference between the amount
claimed by the lessor and the amount of
liability recognized by the member; or
(b) an amount up to the cost of procuring
independent competent assistance, including
legal services, towards settlement of that part
of the claim which does not involve member
liability.
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(2) The Approving Authority (AA) shall submit a
report to the Chief of the Defence Staff (CDS)
outlining the circumstances of the dispute, the
report of an independent appraiser, if applicable,
and recommendations for the disposition of the
dispute. Payment to the lessor of that part of the
claim which, in the opinion of the CDS, is not
properly attributable to abuse or neglect by the
member may be authorized:
(a) if the CDS is satisfied that the lessor's
claims are unreasonable and initiation of
legal proceedings against the lessor would
prejudice the objectives of the Canadian
Forces or involve prohibitive costs; or
(b) if court proceedings have taken place and
a judgement has been rendered against the
member.
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10.5.23 – EXPENSES FOR LEASED ACCOMMODATION |
(1) (Eligibility) A member at a post may be
reimbursed the expenses listed in paragraph (2)
if the member:
(a) leases accommodation on arrival; or
(b) disposes of leased accommodation on
posting from the post.
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(2) (Reimbursable expenses) A member to
whom paragraph (1) applies is entitled to
reimbursement for the following:
(a) legal fees and registration fees;
(b) duty stamps;
(c) inventory charges;
(d) real estate agent’s fees; and
(e) subject to paragraph (3), compulsory
insurance of a kind not required as a
condition of occupancy in Ontario, including
insurance for public liability where this is the
responsibility of the lessee under local law or
practice but would have been the
responsibility of the lessor under the law of
Ontario.
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(3) (Insurance) A member is responsible to
obtain the appropriate householder’s insurance
for public liability for which they would be
responsible under the law of Ontario and for
damage or loss of furniture and effects.
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10.5.24 – LOCAL MOVE |
(1) (Eligibility) A member who is compelled to
change permanent leased accommodation for
reasons that are beyond the member's control is
entitled, to reimbursement of the expenses listed
in paragraph (3) if the member’s local move was
pre-approved by the Approving Authority.
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(2) (Special dependant) Any local move having
to do with a special dependant designated after
the arrival of the member at the post, is not a
reason considered beyond the member’s control
for the purposes of paragraph (1).
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(3) (Reimbursable expenses) A member to
whom paragraph (1) applies is entitled to
reimbursement for the following:
(a) legal fees and registration fees;
(b) duty stamps;
(c) inventory charges;
(d) real estate agent’s fees;
(e) subject to paragraph (4), compulsory
insurance of a kind not required as a
condition of occupancy in Ontario, including
insurance for public liability where this is the
responsibility of the lessee under local law or
practice but would have been the
responsibility of the landlord under the law of
Ontario;
(f) packing, transporting and unpacking of
furniture and effects;
(g) disconnection, preparation for shipment
including certification and servicing, and
connection of major appliances;
(h) disconnection and connection of electrical
equipment including in-home theatre
systems, computer systems and satellite
dishes if initial connections fees were paid by
the member;
(i) disconnection and connection of public
utility services, including telephone,
electricity, water, cable and Internet;
(j) disconnection and connection of an
existing security system; and
(k) two nights of interim lodging with receipts
and three days of meals and incidental
expenses at the applicable Treasury Board
rates.
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(4) (Insurance) A member is responsible to
obtain the appropriate householder’s insurance
for public liability for which they would be
responsible under the law of Ontario and for
damage or loss of furniture and effects.
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(5) (Loss or damage) The member is entitled to
compensation for loss or damage to furniture and
effects while in transit during a local move, in
accordance with section 26 (Compensation for
Damage or Loss of Furniture and Effects).
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10.5.25 – LAUNDRY ALLOWANCE |
A member is entitled to an allowance to cover the
costs of laundering if the member occupies
accommodation that does not have a washer and
dryer or there is no laundry facilities provided by
the Crown, in the case where the member is:
(a) attached posted or attached posting
(temporary);
(b) deployed.
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