ARCHIVED - QR&O: Volume I - Chapter 7 Grievances (Historical Version: 1 June 2014 to 31 August 2018)

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Amendment List:

• 1 June 2014 – repealed article: 7.01
• 1 June 2014 – new article: 7.01
• 1 June 2014 – replaced note: 7.01
• 1 June 2014 – repealed article: 7.02
• 1 June 2014 – new article: 7.02
• 1 June 2014 – replaced note: 7.02
• 1 June 2014 – replaced article: 7.03
• 1 June 2014 – replaced article: 7.04
• 1 June 2014 – replaced article: 7.05 to 7.09
• 1 June 2014 – new article: 7.05
• 1 June 2014 – repositioned: heading before article 7.06
• 1 June 2014 – new article note: 7.06
• 1 June 2014 – repositioned: heading before article 7.08
• 1 June 2014 – new article note: 7.08
• 1 June 2014 – repealed note: 7.09
• 1 June 2014 – new article note: 7.09
• 1 June 2014 – replaced article: 7.10
• 1 June 2014 – repealed article: 7.11
• 1 June 2014 – new article: 7.11
• 1 June 2014 – new article note: 7.11
• 1 June 2014 – replaced article 7.12
• 1 June 2014 – repealed notes: 7.12
• 1 June 2014 – added: heading before article 7.13
• 1 June 2014 – replaced article: 7.13
• 1 June 2014 – replaced article: 7.14
• 1 June 2014 – new article note: 7.14
• 1 June 2014 – repositioned: heading before article 7.15
• 1 June 2014 – replaced article 7.15
• 1 June 2014 – added: heading before article 7.16
• 1 June 2014 – repealed article 7.16
• 1 June 2014 – new article: 7.16
• 1 June 2014 – repealed note: 7.16
• 1 June 2014 – repealed article 7.17
• 1 June 2014 – new article: 7.17
• 1 June 2014 – new article notes: 7.17
• 1 June 2014 – new article note: 7.18
• 1 June 2014 – new article: 7.19
• 1 June 2014 – new article: 7.20
• 1 June 2014 – new article: 7.21
• 1 June 2014 – new article notes: 7.21
• 1 June 2014 – new article: 7.22
• 1 June 2014 – new article: 7.23
• 1 June 2014 – new article: 7.24
• 1 June 2014 – new article: 7.25
• 1 June 2014 – new heading before article 7.26
• 1 June 2014 – new article: 7.26
• 1 June 2014 – new article: 7.27
• 1 June 2014 – new article: 7.28
• 18 October 2013 – amended article: 7.11
• 18 October 2013 – amended article: 7.12
• 18 October 2013 – amended notes A and B: 7.12
• 18 October 2013 – replaced article: 7.13
• 18 October 2013 – amended article: 7.14
• 18 October 2013 – amended article: 7.18

History:

• ARCHIVED – Historical version for the period 18 October 2013 to 31 May 2014
• ARCHIVED – Historical version for the period 15 June 2000 to 17 October 2013

Section 1 - General

7.01 - RIGHT TO GRIEVE

Subsection 29(1) of the National Defence Act provides:

(G) [7.01: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

NOTE

The decision, act or omission which aggrieves an officer or non-commissioned member may include an Act, regulation or policy which governs their conditions of service, even if the authority to amend that instrument or to provide the redress sought by the grievor lies outside the Canadian Forces.

(C) [1 June 2014]

7.02 - EXCEPTIONS TO RIGHT TO GRIEVE

Subsections 29(2) and (2.1) of the National Defence Act provide:

(G) [7.02: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

NOTE

For matters or cases prescribed by the Governor in Council under paragraph 29(2)(c) of the National Defence Act, see articles 7.03 (Decision Under Code of Service Discipline) and 101.19 (Appeal Committee).

(C) [1 June 2014]

7.03 - DECISION UNDER CODE OF SERVICE DISCIPLINE

For the purposes of paragraph 29(2)(c) of the National Defence Act, there is no right to grieve in respect of a decision made under the Code of Service Discipline.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

7.04 - ORAL COMPLAINT

The right to grieve does not preclude an officer or non-commissioned member from making an oral complaint to their commanding officer before submitting a grievance.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

7.05 - CONSEQUENCE OF SUBMITTING GRIEVANCE

Subsections 29(4) and (5) of the National Defence Act provide:

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

(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."

(G) [7.05: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

7.06 - TIME LIMIT TO SUBMIT GRIEVANCE

(1) A grievance shall be submitted within three months after the day on which the grievor knew or ought reasonably to have known of the decision, act or omission in respect of which the grievance is submitted.

(2) A grievor who submits a grievance after the expiration of the time limit set out in paragraph (1) shall include in the grievance reasons for the delay.

(3) The initial authority or, in the case of a grievance to which Section 2 does not apply, the final authority may consider a grievance that is submitted after the expiration of the time limit if satisfied it is in the interests of justice to do so. If not satisfied, the grievor shall be provided reasons in writing.

(4) Despite paragraph (1), if the day on which the grievor knew or ought reasonably to have known of the decision, act or omission in respect of which the grievance is submitted is before 1 June 2014, the grievance shall be submitted within six months after the day that the grievor knew or ought reasonably to have known of the decision, act or omission in respect of which the grievance is submitted.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

NOTE

If the delay is caused by a circumstance which is unforeseen, unexpected or beyond the grievor's control, the initial authority or, in the case of a grievance to which Section 2 does not apply, the final authority should normally be satisfied that it is in the interests of justice to consider the grievance if it is submitted within a reasonable period of time after the circumstance occurs.

(C) [1 June 2014]

7.07 - DUTY TO ASSIGN OFFICER OR NON-COMMISSIONED MEMBER TO ASSIST

(1) Subject to paragraph (2), the commanding officer of an officer or non-commissioned member who submits a grievance or gives notice of their intent to grieve shall assign without delay an officer or a non-commissioned member of the rank of sergeant or above to assist the grievor.

(2) If a military judge submits a grievance or gives notice of their intent to grieve, an assisting member shall be assigned only on the request of the military judge.

(3) The grievor may decide not to take advantage of the assistance offered or may request that a particular officer or non-commissioned member be assigned to assist them. If it is practical and the particular person agrees to act in that capacity, that particular person shall be so assigned.

(4) If the assisting member is unable or unwilling to continue to assist, a replacement shall be assigned as soon as possible.

(5) Despite paragraph (1), for those grievances submitted before 1 June 2014, assistance is to be provided only on the request of the grievor.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

7.08 - SUBMISSION OF GRIEVANCE

(1) A grievance shall be in writing, be signed by the grievor and be submitted to the grievor's commanding officer.

(2) A grievance shall include

1. a brief description of the decision, act or omission that is the subject of the grievance, including any facts known to the grievor;
2. a request for determination and the redress sought;
3. if a person can substantiate the grievance, a statement in writing from that person;
4. a copy of any relevant document in the possession of the grievor; and
5. if the grievance is submitted after the expiration of the three-month time limit set out in paragraph 7.06(1), reasons for the delay.

(3) A grievance shall not be submitted jointly with any other grievor.

(4) A grievance shall not contain language or comments that are insubordinate or otherwise constitute a breach of discipline, unless the language or comments are necessary to state the grievance.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

NOTE

In the case of a grievance submitted by the Chief Military Judge, see article 7.12 (Commanding Officer's Duties in Respect of Chief Military Judge).

(C) [1 June 2014]

7.09 - COMMANDING OFFICER'S DUTIES ON RECEIPT OF GRIEVANCE

(1) A commanding officer to whom a grievance is submitted shall acknowledge its receipt to the grievor, register it in the National Grievance Registry and examine it to determine whether the commanding officer is able to act as the initial authority.

(2) If the commanding officer is not able to act as the initial authority, the commanding officer shall

1. forward the grievance within 10 days after the day on which it is received to the Canadian Forces Grievance Authority and, as soon as possible after forwarding the grievance, forward any additional information that the commanding officer considers relevant to it; and
2. inform the grievor of the action taken and provide them with a copy of any additional information forwarded to the Canadian Forces Grievance Authority.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

NOTE

For the duties of a commanding officer in the case of a grievance submitted by the Chief Military Judge, see article 7.12 (Commanding Officer's Duties in Respect of Chief Military Judge).

(C) [1 June 2014]

7.10 - ACTIONS OF CANADIAN FORCES GRIEVANCE AUTHORITY ON RECEIPT OF GRIEVANCE

(1) On receipt of a grievance forwarded by a commanding officer under subparagraph 7.09(2)(a), the Canadian Forces Grievance Authority shall

1. forward the grievance to the appropriate authority as expeditiously as possible with any additional information received from the commanding officer; and
2. notify the grievor and the commanding officer as expeditiously as possible of the action taken.

(2) The Canadian Forces Grievance Authority shall acknowledge receipt to the grievor as expeditiously as possible on receipt of a grievance forwarded by an initial authority in accordance with paragraphs 7.15(5), 7.15(8) or 7.18(4) so that the grievance may be considered by the final authority.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

7.11 -GRIEVANCE SUBMITTED BY MILITARY JUDGE

Section 29.101 of the National Defence Act provides:

(G) [7.11: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

NOTE

A grievance submitted by a military judge may be considered and determined only by the Chief of the Defence Staff since, in accordance with section 29.14 of the National Defence Act, his or her powers, duties or functions as final authority may not be delegated if the grievance is submitted by a military judge.

(C) [1 June 2014]

7.12 -COMMANDING OFFICER'S DUTIES IN RESPECT OF CHIEF MILITARY JUDGE

For the purposes of this chapter and unless otherwise indicated, a commanding officer's duties in respect of a grievance submitted by the Chief Military Judge shall be performed by the Chief of the Defence Staff.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2013-1068 effective 18 October 2013 – heading, portion before (1)(a), and (2); P.C. 2014-0575 effective 1 June 2014]

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Section 2 - Initial Authority in Respect of a Grievance

7.13 - APPLICATION

This Section does not apply to

1. a grievance submitted by a military judge;
2. a grievance concerning a decision, act or omission of an officer who is directly responsible to the Chief of the Defence Staff; and
3. a grievance concerning a decision, act or omission of the Chief of the Defence Staff in respect of a particular officer or non-commissioned member.

(G) [P.C. 2014-0575 effective 1 June 2014]

7.14 - OFFICERS WHO MAY ACT AS INITIAL AUTHORITY IN RESPECT OF GRIEVANCE

(1) Subject to paragraph (2), the following officers may act as the initial authority in respect of a grievance:

1. the commanding officer of the grievor, if the commanding officer can grant the redress sought; and
2. the commander, or officer appointed to the position of Director General or above at National Defence Headquarters, who is responsible for dealing with the matter that is the subject of the grievance.

(2) If a grievance relates to a decision, act or omission of an officer to whom a grievance is submitted, the officer shall refer the grievance to the next superior officer who is responsible for dealing with the matter that is the subject of the grievance and that officer shall act as the initial authority.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2013-1068 effective 18 October 2013 – heading, portion before (1)(a), and (1)(b); P.C. 2014-0575 effective 1 June 2014]

NOTE

The definition of the term "officer" is found in article 1.02 (Definitions).

(C) [1 June 2014]

7.15 - DUTIES OF INITIAL AUTHORITY

(1) On receipt of a grievance forwarded by the Canadian Forces Grievance Authority, the initial authority shall acknowledge receipt of the grievance to the grievor and their commanding officer, if any.

(2) Within four months after the day on which a grievance is received, the initial authority shall

1. consider and determine the grievance;
2. advise in writing the grievor and their commanding officer, if any, and the Canadian Forces Grievance Authority of
   1. the decision with reasons, and
   2. the grievor's entitlement to submit a request that the grievance be considered and determined by the final authority.

(3) Once the grievance is determined, the initial authority shall

1. return any documents or things submitted by the grievor; and
2. maintain a record of the grievance in accordance with the applicable information management requirements.

(4) If an initial authority, other than the Chief of the Defence Staff, does not determine a grievance within the time limit set out in paragraph (2), the grievor may submit to the initial authority, for forwarding to the final authority, a request to consider and determine the grievance.

(5) The initial authority shall forward to the final authority through the Canadian Forces Grievance Authority, as expeditiously as possible, on receipt of a request submitted under paragraph (4), the grievance and the grievor's request.

(6) If the Chief of the Defence Staff is the initial authority, the time limit set out in paragraph (2) does not apply.

(7) The time limit set out in paragraph (2) is 60 days in the case of a grievance submitted before 1 June 2014.

(8) The initial authority shall forward as expeditiously as possible to the Canadian Forces Grievance Authority any grievance to which Section 2 does not apply that has not been determined as of 1 June 2014 for consideration and determination by the final authority.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2014-0575 effective 1 June 2014]

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Section 3 - Final Authority in Respect of Grievance

7.16 - CHIEF OF THE DEFENCE STAFF

Section 29.11 of the National Defence Act provides:

(G) [7.16: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

7.17 - DELEGATION OF POWERS, DUTIES AND FUNCTIONS

Section 29.14 of the National Defence Act provides:

(G) [7.17: repealed by P.C. 2014-0575 effective 1 June 2014]

(C) [1 June 2014]

NOTES

(A) The Chief of the Defence Staff has delegated under section 29.14 of the National Defence Act his or her powers, duties or functions as final authority to the officer appointed to the position of Director General Canadian Forces Grievance Authority. Section 29.14 of the National Defence Act also allows the Chief of the Defence Staff to delegate any of his or her powers, duties or functions to any other officer who is directly responsible to the Chief of the Defence Staff.

(B) A real, apparent or potential conflict of interest would arise if, as an example, the Chief of the Defence Staff delegated his or her powers, duties or functions as final authority to the Director General Canadian Forces Grievance Authority in respect of a grievance concerning a decision, act or omission of the Chief of the Defence Staff or the Vice Chief of the Defence Staff.

(C) [1 June 2014]

7.18 - CONSIDERATION OF GRIEVANCE BY FINAL AUTHORITY

(1) A grievor who has submitted a grievance under article 7.01 (Right to Grieve) and who is of the opinion that the initial authority's decision does not afford the redress that is warranted may submit to the initial authority, for forwarding to the final authority, a request to consider and determine the grievance.

(2) The request is to be in writing and be submitted to the initial authority within 30 days after the day on which the grievor receives the decision of the initial authority.

(3) A grievor who submits a request after the expiration of the time limit set out in paragraph (2) shall include in the request reasons for the delay.

(4) The initial authority shall forward to the final authority through the Canadian Forces Grievance Authority, as expeditiously as possible on receipt of a request submitted under paragraph (1), the grievance, the initial authority's decision, the grievor's request and any additional representations.

(5) If satisfied it is in the interests of justice to do so, the final authority may accept a request to consider and determine a grievance that was submitted to the initial authority after the expiration of the time limit. If not satisfied, the final authority shall provide reasons in writing to the grievor.

(6) Despite paragraphs (1) and (2), a grievor who receives a decision from an initial authority before 1 June 2014 may submit the grievance to the final authority for consideration and determination within 90 days after the day on which that decision is received.

(G) [P.C. 2000-863 effective 15 June 2000; P.C. 2013-1068 effective 18 October 2013 – (3)(a); P.C. 2014-0575 effective 1 June 2014]

NOTE

If the delay is caused by a circumstance which is unforeseen, unexpected or beyond the grievor's control, the final authority should normally be satisfied that it is in the interests of justice to consider and determine the grievance if the request is submitted within a reasonable period of time after the circumstance occurs.

(C) [1 June 2014]

7.19 - DUTIES IF GRIEVANCE NOT REFERRED TO GRIEVANCES COMMITTEE

If a grievance is not required to be referred to the Grievances Committee under article 7.20 (Referral to Grievances Committee), the final authority shall

1. consider and determine the grievance;
2. advise in writing the grievor and their commanding officer, if any, of the decision with reasons;
3. return any documents or things submitted by the grievor; and
4. maintain a record of the grievance in accordance with the applicable information management requirements.

(G) [P.C. 2014-0575 effective 1 June 2014]

7.20 - REFERRAL TO GRIEVANCES COMMITTEE

Section 29.12 of the National Defence Act provides:

(C) [1 June 2014]

7.21 - TYPES OF GRIEVANCES TO BE REFERRED TO GRIEVANCES COMMITTEE

For the purposes of subsection 29.12(1) of the National Defence Act, the final authority shall refer to the Grievances Committee any grievance relating to one or more of the following matters:

1. administrative action resulting in the forfeiture of or deductions from pay and allowances, reversion to a lower rank or release from the Canadian Forces;
2. the application or interpretation of Canadian Forces policies relating to the expression of personal opinions, political activities, candidature for office, civil employment, conflict of interest and post-employment compliance measures, harassment or racist conduct;
3. pay, allowances and other financial benefits;
4. the entitlement to medical care or dental treatment; and
5. any decision, act or omission of the Chief of the Defence Staff in respect of a particular officer or non-commissioned member.

(G) [P.C. 2014-0575 effective 1 June 2014]

NOTES

(A) In accordance with subsection 29.12(1) of the National Defence Act, the Chief of the Defence Staff shall refer every grievance submitted by a military judge to the Grievances Committee for its findings and recommendations.

(B) The final authority may refer a grievance other than one prescribed under article 7.21 to the Grievances Committee. The factors assessed by the final authority in order to do so include the benefit to be obtained from having the grievance reviewed externally and the capacity of the Grievances Committee to investigate independently and make findings.

(C) The final authority may refer a grievance to the Grievances Committee only after the final authority is satisfied that the grievor is entitled to grieve the matter giving rise to the grievance and, if the request is submitted after the expiration of the time limit set out in paragraph 7.18(2), that it is in the interests of justice to consider and determine the grievance.

(C) [1 June 2014]

7.22 - DUTIES AND FUNCTIONS OF GRIEVANCES COMMITTEE

Subsection 29.2(1) of the National Defence Act provides:

(C) [1 June 2014 – renumbered from 7.13]

7.23 - FINDINGS AND RECOMMENDATIONS OF GRIEVANCES COMMITTEE

Section 29.13 of the National Defence Act provides:

(C) [1 June 2014]

7.24 - ACTION AFTER GRIEVANCES COMMITTEE REVIEW

On receipt of the findings and recommendations of the Grievances Committee, the final authority shall take action as prescribed in subparagraphs 7.19(a) to (d).

(G) [P.C. 2014-0575 effective 1 June 2014]

7.25 - DECISION IS FINAL

Section 29.15 of the National Defence Act provides:

(C) [1 June 2014]

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Section 4 - Miscellaneous

7.26 - INFORMAL RESOLUTION

If an initial or final authority proposes to resolve the grievance of a grievor and the grievor accepts the proposal in full satisfaction of the grievance, the grievor has no further right to submit a grievance, once the proposal has been implemented, concerning the decision, act or omission in respect of which the grievance was submitted.

(G) [P.C. 2014-0575 effective 1 June 2014]

7.27 - SUSPENSION AND RESUMPTION OF CONSIDERATION OF GRIEVANCE

(1) An initial or final authority shall suspend consideration of a grievance if the grievor initiates any of the following in respect of the matter giving rise to the grievance:

1. an action;
2. a claim; or
3. a complaint under an Act of Parliament, other than the National Defence Act.

(2) If the action, claim or complaint has been discontinued or abandoned before a decision on its merits and the initial or final authority has received notice to this effect, the initial or final authority shall resume consideration of the grievance.

(3) If the action, claim or complaint is resolved in whole or in part, the grievor shall immediately inform the initial or final authority of the resolution and provide them with a copy of it.

(G) [P.C. 2014-0575 effective 1 June 2014]

7.28 - NEW FACTS

(1) If a grievor has submitted to the initial authority a request that the final authority consider and determine the grievance and, after doing so, presents new facts that were unknown or could not reasonably have been known to the grievor at the time that the grievance was submitted to the initial authority, the final authority may refer the grievance to the initial authority for reconsideration and determination.

(2) If a grievance is referred to the initial authority for reconsideration, the initial authority shall reconsider the grievance and confirm, amend or rescind the initial decision.

(3) Once the initial authority reconsiders and determines the grievance, the grievor, if they are of the opinion that the decision of the initial authority still does not afford the redress that is warranted, may submit to the initial authority within the time limit set out in paragraph 7.18(2), for forwarding to the final authority, a new request to consider and determine the grievance.

(G) [P.C. 2014-0575 effective 1 June 2014]