Policy


The following policies and directives govern the Canadian Forces Grievance Process. 

National Defence Act (Section 29) 

Section 29 of the National Defence Act provides the legal framework for the grievance process. They set the parameters of the right to grieve, provide for the Initial Authorities and the Final Authority to consider and determine grievances. As well, they establish the grievance board to provide findings and recommendations to the CDS for prescribed categories of grievance.

QR&O Volume 1 Chapter 7

QR&Os, Volume1, Chapter 7 further elaborates the steps on the grievance process. It provides specific direction on time limits to submit a grievance. It prescribes the duties of commanding officers, Initial Authorities and Final Authorities. It identifies who can act as an Initial Authority and what grievances must be referred to the grievance board. It identifies those categories of grievance that must be referred to the Grievance Board.

DAOD

            DAOD 2017-0, Military Grievances

            DAOD 2017-1, Military Grievance Process

CDS Delegation of Power to DGCFGA

The CDS delegation to the Director General Canadian Forces Grievance Authority to adjudicate grievances not referred manditorily to CFGB under Article 12.7 of the QR&O is available upon request.

Conditions for the Exercise of Ex Gratia Authority under the Canadian Forces Grievance Process Ex Gratia Payments Order (Order in Council 2012-0861)

An ex gratia payment may only be authorized if:

(a) in the case of the Chief of the Defence Staff, the payment is in an amount that does not exceed $100,000;

(b) in the case of an officer who is acting under section 2 of the Canadian Forces Grievance Process Ex Gratia Payments Order, the payment is in an amount that does not exceed $2,000 or such lesser amount as may be specified by the Chief of the Defence Staff;

(c) a legal opinion is received that states that there is no legal liability on the part of the Crown;

(d) there is no other mechanism by which the grievance can be remedied, including under existing laws, regulations, instructions, policies or programs; and

(e) the payment is not used to fill perceived gaps or to compensate for the apparent limitations in any act, order, regulation, instruction, policy, agreement or other government instrument.