Canadian Forces Grievance Board

Canadian Forces Grievance Board established

29.16 (1) There is established a board, called the Canadian Forces Grievance Board, 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.

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.

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.

Re-
appointment

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

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.

Conflict of interest - par t-
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.

Remunera-
tion

(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.

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.

Status of members

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

    (a) to be employed in the Public Service for the purposes of the Public Service Superannuation Act;

    (b) to be employees for the purposes of the Government Employees Compensation Act; and

    (c) to be employed in the public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

Secondment

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

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 Canadian Forces Grievance Board in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Canadian Forces Grievance Board, 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.)

Chairperson

29.17 (1) The Chairperson is the chief executive officer of the Grievance Board and has supervision over and direction of its work and staff.

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.

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).

Head office

29.18 The head office of the Grievance Board shall be at the place in Canada designated by the Governor in Council.

Staff

29.19 (1) The employees that are necessary for the proper conduct of the work of the Grievance Board shall be appointed in accordance with the Public Service Employment Act.

Experts

(2) The Grievance Board 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 Grievance Board in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

Duties and functions

29.2 (1) The Grievance Board shall review every grievance referred to it by the Chief of the Defence Staff and provide its findings and recommendations in writing to the Chief of the Defence Staff and the officer or non-commissioned member who submitted the grievance.

Duty to act expeditiously

(2) The Grievance Board shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

Powers

29.21 The Grievance Board has, in relation to the review of a grievance referred to it, the power

    (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it;

    (b) to administer oaths; and

    (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not.

Restriction

29.22 The Grievance Board may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

Witness not excused from testifying

29.23 (1) No witness shall be excused from answering any question relating to a grievance before the Grievance Board when required to do so by the Grievance Board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

Answer not receivable

(2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.

Expenses

29.24 Travel and living expenses incurred in appearing before the Grievance Board shall, in the discretion of the Grievance Board, be paid, in accordance with applicable Treasury Board directives, to the officer or non-commissioned member whose grievance is being heard, and to that person's assisting officer or counsel, if the Grievance Board holds a hearing at a place in Canada that is not their ordinary place of residence.

Return of documents, etc.

29.25 Documents and things presented to the Grievance Board at a hearing shall, on request, be returned to the person who presented them within a reasonable time after the Grievance Board has provided its findings and recommendations to the Chief of the Defence Staff.

Rules

29.26 (1) The Chairperson may make rules respecting

    (a) the manner of dealing with grievances referred to the Grievance Board, including the conduct of investigations and hearings by the Grievance Board;

    (b) the apportionment of the work of the Grievance Board among its members and the assignment of members to review grievances; and

    (c) the performance of the duties and functions of the Grievance Board.

Hearings in private

(2) A hearing of the Grievance Board is to be held in private, unless the Chairperson, having regard to the interests of the persons participating in the hearing and the interest of the public, directs that the hearing or any part of it be held in public.

Protection of members

29.27 No criminal or civil proceedings lie against any member of the Grievance Board, or against any person acting on its behalf, for anything done, reported or said in good faith in the exercise of a power or performance of a duty or function of the Grievance Board.

Annual report

29.28 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the activities of the Grievance Board during that year and its recommendations, if any.

Tabling in Parliament

(2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 15)

8. (1) Paragraph 33(2)(b) of the Act is replaced by the following:

    (b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council.

(2) Section 33 of the Act is amended by adding the following after subsection (3):

Meaning of ``duty''

(4) In this section, ``duty'' means any duty that is military in nature and includes any duty involving public service authorized under section 273.6.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 5)

9. Section 34 of the Act is repealed.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 16 (E))

10. Section 35 of the Act and the heading before it are replaced by the following:

Pay and Allowances

Treasury Board to establish

35. (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board.

Reimburse-
ments and allowances

(2) The payments that may be made to officers and non-commissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 21(3) (E))

11. Paragraphs 42(2)(d) and (e) of the Act are replaced by the following:

    (d) personal belongings, including cash, that are found on the deceased person or on a defence establishment or that are otherwise in the care or custody of the Canadian Forces; and

    (e) in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 23)

12. Section 44 of the Act and the heading before it are replaced by the following:

Abandoned or Lost Property

Abandoned or lost property

44. (1) Where it appears to the officer in charge of a defence establishment that personal or movable property found on the defence establishment has been abandoned or lost by its owner or the person entitled to the property, the officer in charge shall ensure that reasonable efforts are taken to find the owner or person entitled to the property.

Disposal

(2) If the owner or person entitled to the property cannot be found or does not claim the property, the officer in charge may dispose of the property in accordance with regulations made by the Governor in Council and the proceeds, if any, from its sale or other disposition shall be paid into the Consolidated Revenue Fund.

13. Subsection 45(2) of the Act is replaced by the following:

Powers

(2) A board of inquiry has, in relation to the matter before it, power

    (a) to summon any person before the board and compel the person to give oral or written evidence on oath and to produce any documents and things under the person's control that it considers necessary for the full investigation and consideration of that matter;

    (b) to administer oaths;

    (c) to receive and accept on oath or by affidavit any evidence and other information the board sees fit, whether or not the evidence or information is or would be admissible in a court of law; and

    (d) to examine any record and make any inquiry that the board considers necessary.

14. The Act is amended by adding the following after section 45:

Witness not excused from testifying

45.1 (1) No witness shall be excused from answering any question relating to a matter before a board of inquiry when required to do so by the board of inquiry on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

Answer not receivable

(2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 25)

15. Subsection 47(1) of the Act is replaced by the following:

Establish-
ment

47. (1) The Governor in Council, and any other authorities that are prescribed or appointed by the Governor in Council for that purpose, may in the interests of national defence establish institutions for the training and education of officers and non-commissioned members, officers and employees of the Department, candidates for enrolment in the Canadian Forces or for employment in the Department and other persons whose attendance has been authorized by or on behalf of the Minister.

16. Section 54 of the Act is replaced by the following:

Validity of bonds

54. Every bond to Her Majesty entered into by any person before a judge, a justice of the peace or an officer of the Canadian Forces, including a military judge , for the purpose of securing the payment of a sum of money or the performance of a duty or act required or authorized by this Act or by regulations is valid and may be enforced accordingly.

R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 29 (E))

17. Part III of the Act is repealed.

18. The headings before section 60 of the Act are replaced by the following: