# 2019-176 Pay and Benefits, Education allowance

Case summary

F&R Date: 2020-11-18

The grievor disagreed with the denial of education allowance for his child while serving outside Canada (OUTCAN). He contended that the intent of the Foreign Service Directive (FSD) 34 (Education Allowances) is to allow children to continue their education with “as little disruption as possible”. As redress, he sought reimbursement of the education fees he paid for his child to attend a private Catholic school for the entire period of his OUTCAN posting.

The Initial Authority, the Director General Compensation and Benefits, denied the grievance finding that the Working Group B decision was reasonable and in accordance with the constructs of Compensation and Benefits Instructions for the

Canadian Forces, Chapter 10 (Military Foreign Service Instructions), and the FSD 34. She noted that the grievor could apply for French tutoring to ensure that his child receives the French language training required to continue an education in French upon returning to Canada.

The Committee found that private tutoring in the second official language is provided to a maximum 50 hours of instruction in a school year for a child being educated at the post, and that this is nowhere near the amount of French language instruction provided free of charge by the Ontario Ministry of Education. The Committee also found that the private Catholic school attended by the child provided an educational curriculum and services more compatible with those normally provided without charge in schools in Ontario from junior kindergarten to secondary school graduation. Consequently, the Committee concluded that the Working Group B decision to recommend denial of the grievor's request for an Education Allowance was not justified nor in accordance with applicable policies.

The Committee recommended that the Final Authority (FA) re-engage Working Group B and seek their recommendation for the reimbursement of the eligible private school fees incurred by the grievor for his child for the entire period of his OUTCAN posting.

FA decision summary

The Acting Chief of the Defence Staff (CDS) agreed with the Committee's findings and recommendation and directed the Chief of Military Personnel (CMP), through the Director Children's Education Management, to ensure that the grievor's request for education allowance for his middle child be re-submitteed to Treasury Board Secretariat Working Group B for their consideration and with his full support. The Acting CDS echoed the Committee's observation concerning the potential inequity of policies forcing siblings to attend different OUTCAN schools. Consequently, the Acting CDS directed CMP to pursue an initiative to provide clarity in the Military Foreign Service Instructions with respect to children's education abroad by considering siblings' attendance at the same school when possible.