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

Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions

Promotion

Marginal note:Authority to promote

28. 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

  • 29. (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

  • 29.1 (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.
Marginal note:Final authority

29.11 The Chief of the Defence Staff is the final authority in the grievance process.

  • 1998, c. 35, s. 7.
Marginal note:Referral to Grievance Board

  • 29.12 (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 to the Grievance Board 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 Grievance Board.

  • Marginal note:Material to be provided to Board

    (2) When referring a grievance to the Grievance Board, the Chief of the Defence Staff shall provide the Grievance Board 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) the decision made by each 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.