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Canadian Forces Grievance Board |
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| Canadian
Forces
Grievance
Board
established
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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.
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| Full- or
part-time
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(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.
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| Tenure and
removal
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(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.
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| Re- appointment
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(4) A member is eligible to be re-appointed
on the expiry of a first or subsequent term of
office.
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| Duties of
full-time
members
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(5) Full-time members shall devote the
whole of their time to the performance of their
duties under this Act.
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| Conflict of
interest -
part-time
members
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(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.
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| Remunera- tion
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(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.
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| Travel and
living
expenses
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(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.
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| Status of
members
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(9) Members who are not officers or
non-commissioned members are deemed
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| Secondment
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(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.
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| Oath of office
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(11) Every member shall, before
commencing the duties of office, take the
following oath of office:
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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.)
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| Chairperson
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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.
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| Absence or
incapacity
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(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.
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| Delegation
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(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).
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| Head office
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29.18 The head office of the Grievance
Board shall be at the place in Canada
designated by the Governor in Council.
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| Staff
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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.
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| Experts
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(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.
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| Duties and
functions
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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.
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| Duty to act
expeditiously
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(2) The Grievance Board shall deal with all
matters before it as informally and
expeditiously as the circumstances and the
considerations of fairness permit.
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| Powers
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29.21 The Grievance Board has, in relation
to the review of a grievance referred to it, the
power
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| Restriction
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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.
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| Witness not
excused from
testifying
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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.
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| Answer not
receivable
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(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.
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| Expenses
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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.
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| Return of
documents,
etc.
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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.
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| Rules
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29.26 (1) The Chairperson may make rules
respecting
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| Hearings in
private
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(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.
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| Protection of
members
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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 or purported exercise of a
power or in the performance or purported
performance of a duty or function of the
Grievance Board.
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| Annual report
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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.
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| Tabling in
Parliament
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(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.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 15)
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8. (1) Paragraph 33(2)(b) of the Act is
replaced by the following:
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(2) Section 33 of the Act is amended by
adding the following after subsection (3):
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| Meaning of
``duty''
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(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.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 5)
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9. Section 34 of the Act is repealed.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 16
(E))
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10. Section 35 of the Act and the heading
before it are replaced by the following:
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Pay and Allowances |
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| Treasury
Board to
establish
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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.
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| Reimburse- ments and allowances
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(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.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I,
s. 21(3) (E))
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11. Paragraphs 42(2)(d) and (e) of the Act
are replaced by the following:
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 23)
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12. Section 44 of the Act and the heading
before it are replaced by the following:
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Abandoned or Lost Property |
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| Abandoned or
lost property
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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.
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| Disposal
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(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.
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13. Subsection 45(2) of the Act is replaced
by the following:
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| Powers
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(2) A board of inquiry has, in relation to the
matter before it, power
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14. The Act is amended by adding the
following after section 45:
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| Witness not
excused from
testifying
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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.
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| Answer not
receivable
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(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.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 25)
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15. Subsection 47(1) of the Act is replaced
by the following:
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| Establish- ment
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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.
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16. Section 54 of the Act is replaced by the
following:
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| Validity of
bonds
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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.
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| R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 29
(E))
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17. Part III of the Act is repealed.
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18. The headings before section 60 of the
Act are replaced by the following:
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