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

Marginal note:Chief of the Defence Staff not bound

• 29.13 (1) The Chief of the Defence Staff is not bound by any finding or recommendation of the Grievance Board.

• Marginal note:Reasons

  (2) If the Chief of the Defence Staff does not act on a finding or recommendation of the Grievance Board, the Chief of the Defence Staff shall include the reasons for not having done so in the decision respecting the disposition of the grievance.

Marginal note:Delegation

29.14 The Chief of the Defence Staff may delegate to any officer any of the Chief of the Defence Staff’s powers, duties or functions as final authority in the grievance process, except

• (a) the duty to act as final authority in respect of a grievance that must be referred to the Grievance Board; and

• (b) the power to delegate under this section.

Marginal note:Decision is final

29.15 A decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Re-appointment

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

• Marginal note: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.

• Marginal note:Conflict of interest — part-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.

• Marginal note:Remuneration

  (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.

• Marginal note: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.

• Marginal note: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 federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

• Marginal note: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.

• Marginal note: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.)