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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Attachment and Secondment

Marginal note:Manner and conditions of attachment and secondment

 An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment.

  • R.S., 1985, c. N-5, s. 27;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Promotion

Marginal note:Authority to promote

 Subject to section 22 and to regulations, officers and non-commissioned members may be promoted by the Minister or by such authorities of the Canadian Forces as are prescribed in regulations made by the Governor in Council.

  • R.S., 1985, c. N-5, s. 28;
  • R.S., 1985, c. 31 (1st Supp.), s. 60.

Grievances

Marginal note:Right to grieve
  •  (1) An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance.

  • Marginal note:Exceptions

    (2) There is no right to grieve in respect of

    • (a) a decision of a court martial or the Court Martial Appeal Court;

    • (b) a decision of a board, commission, court or tribunal established other than under this Act; or

    • (c) a matter or case prescribed by the Governor in Council in regulations.

  • Marginal note:Manner and conditions

    (3) A grievance must be submitted in the manner and in accordance with the conditions prescribed in regulations made by the Governor in Council.

  • Marginal note:No penalty for grievance

    (4) An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance.

  • Marginal note:Correction of error

    (5) Notwithstanding subsection (4), any error discovered as a result of an investigation of a grievance may be corrected, even if correction of the error would have an adverse effect on the officer or non-commissioned member.

  • R.S., 1985, c. N-5, s. 29;
  • R.S., 1985, c. 31 (1st Supp.), s. 43;
  • 1998, c. 35, s. 7.
Marginal note:Authorities for determination of grievances
  •  (1) The initial authority and subsequent authorities who may consider and determine grievances are the authorities designated in regulations made by the Governor in Council.

  • Marginal note:Different authorities

    (2) The regulations may provide that different types of grievances may be considered and determined by different authorities.

  • 1998, c. 35, s. 7.