Crantor said:
@c_canuck
sigh. Please explain where you are entitled to said benefit. taxable or not, in any of our regs or theirs. You won't because it isn't there. You only lost what you shouldn't have had to begin with. if I overpay you and take it back, that isn't a cut, its putting things back in order.
You were technically overpayed, now you are not, just be thankful they aren't going after you retroactively.
First this doesn't actually affect me at this time, other than the fact that it's yet again another BOHICA for those of us in uniform. (first they came for the ______. I said nothing....)
In every base orders I've read, you will find instructions on PMV parking, who is entitled, where you may park and a myriad of other parking regulations. Therefore the ability to park on base for free is recognized as provided by the CF to the members.
When these parking rules were established it was determined that crown owned parking would be free of charge. Therefore it was a benefit of working in those locations, based on the definition of the word.
Then the CRA redefined what constitutes a
taxable benefit and classified the parking described in these orders as a taxable benefit.
By declaring it a taxable benefit, they also additionally ratified the parking as an employment benefit. The CRA's own correspondence as well as the TBS' also states that the CF was providing this tax free benefit, but neglecting to note it on member's T4s.
At no time has the CRA or TBS ever believed this was anything other than a benefit. Their recognition that it is a benefit drove the whole thing to begin with.
In response to this, the CF has removed a CRA defined benefit that is codified in both CRA and CF documentation.
Your assertion that the CF was accidentally providing a benefit, while codifying all details of said benefit in orders, is ridiculous.
The only required response was to annotate t4s. At no time was the CF required to start charging for parking. This is the core argument. The fixation on: -it was never a benefit; it was an accidental freebie- is irrelevant to the argument especially since providing parking has long been a deliberate and well documented phenomenon.
Simpler terms
The CF established, regulated and maintained free parking for members, then the CRA said that is a taxable benefit, it must be claimed. Then the CF said, no we'll just
change our regulations, and start charging for parking.
You may argue that the CF is not required to provide this benefit. You would be correct afaik, that there is no documentation saying they have to provide parking. However, the logistics of closing all parking and refusing to provide it would interfere with the CF’s operation.
So there are 2 realistic scenarios, spend a lot of money creating a parking business to operate within DND, or note the parking benefit on people's T4s.
The CF went with the option that took more money from the members and will likely impact operation, instead of the other that would have taken less and affected the organization less. This is what has people irritated.
I'm sick of the position similar to: oh no it was not a benefit; we accidentally built all these parking facilities and wrote orders for their regulation when we slipped on a banana peel! You should feel lucky we're not charging you retroactively!
It's insulting.
