National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2017-07-03 and last amended on 2015-06-01. Previous Versions

Marginal note:Referral to Grievances Committee
  •  (1) The Chief of the Defence Staff shall refer every grievance that is of a type prescribed in regulations made by the Governor in Council, and every grievance submitted by a military judge, to the Grievances Committee for its findings and recommendations before the Chief of the Defence Staff considers and determines the grievance. The Chief of the Defence Staff may refer any other grievance to the Grievances Committee.

  • Marginal note:Material to be provided to Board

    (2) When referring a grievance to the Grievances Committee, the Chief of the Defence Staff shall provide the Grievances Committee with a copy of

    • (a) the written submissions made to each authority in the grievance process by the officer or non-commissioned member presenting the grievance;

    • (b) any decision made by an authority in respect of the grievance; and

    • (c) any other information under the control of the Canadian Forces that is relevant to the grievance.

  • 1998, c. 35, s. 7;
  • 2013, c. 24, ss. 7, 106(E).
Marginal note:Chief of the Defence Staff not bound
  •  (1) The Chief of the Defence Staff is not bound by any finding or recommendation of the Grievances Committee.

  • Marginal note:Reasons

    (2) The Chief of the Defence Staff shall provide reasons for his or her decision in respect of a grievance if

    • (a) the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee; or

    • (b) the grievance was submitted by a military judge.

  • 1998, c. 35, s. 7;
  • 2013, c. 24, ss. 8, 106(E).
Marginal note:Delegation
  •  (1) The Chief of the Defence Staff may delegate any of his or her powers, duties or functions as final authority in the grievance process to an officer who is directly responsible to the Chief of the Defence Staff, except that

    • (a) a grievance submitted by an officer may be delegated only to an officer of equal or higher rank; and

    • (b) a grievance submitted by a military judge may not be delegated.

  • Marginal note:Conflict of interest

    (2) An officer who is placed in a real, apparent or potential conflict of interest as a result of a delegation may not act as final authority in respect of the grievance and shall advise the Chief of the Defence Staff in writing without delay.

  • Marginal note:Subdelegation

    (3) The Chief of the Defence Staff may not delegate the power to delegate under subsection (1).

  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 9.
Marginal note:Decision is final

 A decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

  • 1998, c. 35, s. 7;
  • 2002, c. 8, s. 182.

Military Grievances External Review Committee

Marginal note:Grievances Committee
  •  (1) The Canadian Forces Grievance Board is continued as the Military Grievances External Review Committee, consisting of a Chairperson, at least two Vice-Chairpersons and any other members appointed by the Governor in Council that are required to allow it to perform its functions.

  • Marginal note:Full- or part-time

    (2) The Chairperson and one Vice-Chairperson are each full-time members and the other members may be appointed as full-time or part-time members.

  • Marginal note:Tenure and removal

    (3) Each member holds office during good behaviour for a term not exceeding four years but may be removed by the Governor in Council for cause.

  • Marginal note:Re-appointment

    (4) A member is eligible to be re-appointed on the expiry of a first or subsequent term of office.

  • Marginal note:Duties of full-time members

    (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.

  • Marginal note:Conflict of interest — part-time members

    (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.

  • Marginal note:Remuneration

    (7) Members who are not officers or non-commissioned members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

  • Marginal note:Travel and living expenses

    (8) Members who are not officers or non-commissioned members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.

  • Marginal note:Status of members

    (9) Members who are not officers or non-commissioned members are deemed

  • Marginal note:Secondment

    (10) An officer or a non-commissioned member who is appointed as a member of the Grievances Committee shall be seconded to the Grievances Committee in accordance with section 27.

  • Marginal note:Oath of office

    (11) Every member shall, before commencing the duties of office, take the following oath of office:

    I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Grievances External Review Committee in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)

  • 1998, c. 35, s. 7;
  • 2003, c. 22, ss. 224(E), 225(E);
  • 2013, c. 24, s. 11.
Marginal note:Chairperson
  •  (1) The Chairperson is the chief executive officer of the Grievances Committee and has supervision over and direction of its work and staff.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the Chairperson or if that office is vacant, the Minister may authorize a Vice-Chairperson to exercise the powers and perform the duties and functions of the Chairperson.

  • Marginal note:Delegation

    (3) The Chairperson may delegate to a Vice-Chairperson any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 29.28(1).

  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 106(E).
Marginal note:Head office

 The head office of the Grievances Committee shall be at the place in Canada designated by the Governor in Council.

  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 106(E).
Marginal note:Staff
  •  (1) The employees that are necessary for the proper conduct of the work of the Grievances Committee shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Experts

    (2) The Grievances Committee may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Grievances Committee in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

  • 1998, c. 35, s. 7;
  • 2013, c. 24, s. 106(E).
 
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