GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 26
Effect of receipt of pay if irregularly enrolled 26 (1) A person who, although erroneously or irregularly enrolled or re-engaged, has received pay as an officer or non-commissioned member of that component of the Canadian Forces in which the person was so enrolled or re-engaged, is deemed to be an officer or non-commissioned member, as the case may be, regularly enrolled or re-engaged, and is not, except as provided in subsection (2), entitled to be released on the ground of the error or irregularity. Provision for release (2) A person who is, by virtue of subsection (1), deemed to be an officer or non-commissioned member and who claims to be released within three months after the date of commencement of the pay and establishes the error or irregularity referred to in that subsection shall, except when on active service or during an emergency, be released. Method of release (3) The commanding officer of a person who claims to be released on the ground of not having been enrolled or re-engaged, or not having been regularly enrolled or re-engaged, shall forthwith forward the claim to the authority having power to effect the release and the person, if entitled to be released, shall be released with all convenient speed. R.S., 1985, c. N-5, s. 26; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 27
Manner and conditions of attachment and secondment 27 An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment. R.S., 1985, c. N-5, s. 27; R.S., 1985, c. 31 (1st Supp.), s. 60
National Defence Act — N-5 28
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
National Defence Act — N-5 29
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. 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. Military judges (2.1) A military judge may not submit a grievance in respect of a matter that is related to the exercise of his or her judicial duties. 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. No penalty for grievance (4) An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance. 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; 2013, c. 24, s. 5
National Defence Act — N-5 29.1
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. 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
National Defence Act — N-5 29.101
Grievances submitted by military judges 29.101 Despite subsection 29.1(1), a grievance submitted by a military judge shall be considered and determined by the Chief of the Defence Staff. 2013, c. 24, s. 6
National Defence Act — N-5 29.11
Final authority 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 7; 2013, c. 24, s. 6
National Defence Act — N-5 29.12
Referral to Grievances Committee 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, and every grievance submitted by a military judge, to the Grievances Committee 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 Grievances Committee. Material to be provided to Board (2) When referring a grievance to the Grievances Committee, the Chief of the Defence Staff shall provide the Grievances Committee 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) any decision made by an 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; 2013, c. 24, ss. 7, 106(E)
National Defence Act — N-5 29.13
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 Grievances Committee. Reasons (2) The Chief of the Defence Staff shall provide reasons for his or her decision in respect of a grievance if (a) the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee; or (b) the grievance was submitted by a military judge. 1998, c. 35, s. 7; 2013, c. 24, ss. 8, 106(E)
National Defence Act — N-5 29.14
Delegation 29.14 (1) The Chief of the Defence Staff may delegate any of his or her powers, duties or functions as final authority in the grievance process to an officer who is directly responsible to the Chief of the Defence Staff, except that (a) a grievance submitted by an officer may be delegated only to an officer of equal or higher rank; and (b) a grievance submitted by a military judge may not be delegated. Conflict of interest (2) An officer who is placed in a real, apparent or potential conflict of interest as a result of a delegation may not act as final authority in respect of the grievance and shall advise the Chief of the Defence Staff in writing without delay. Subdelegation (3) The Chief of the Defence Staff may not delegate the power to delegate under subsection (1). 1998, c. 35, s. 7; 2013, c. 24, s. 9
National Defence Act — N-5 29.15
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. 1998, c. 35, s. 7; 2002, c. 8, s. 182
National Defence Act — N-5 29.16
Grievances Committee 29.16 (1) The Canadian Forces Grievance Board is continued as the Military Grievances External Review Committee, 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. 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. 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. Re-appointment (4) A member is eligible to be re-appointed on the expiry of a first or subsequent term of office. 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. 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. 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. 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. 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 . Secondment (10) An officer or a non-commissioned member who is appointed as a member of the Grievances Committee shall be seconded to the Grievances Committee in accordance with section 27. 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 Military Grievances External Review Committee in conformity with the requirements of the National Defence Act , and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, 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.) 1998, c. 35, s. 7; 2003, c. 22, ss. 224(E), 225(E); 2013, c. 24, s. 11
National Defence Act — N-5
I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Grievances External Review Committee in conformity with the requirements of the National Defence Act , and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, 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.)
National Defence Act — N-5 29.17
Chairperson 29.17 (1) The Chairperson is the chief executive officer of the Grievances Committee and has supervision over and direction of its work and staff. Absence or incapacity (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. Delegation (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). 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.18
Head office 29.18 The head office of the Grievances Committee shall be at the place in Canada designated by the Governor in Council. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.19
Staff 29.19 (1) The employees that are necessary for the proper conduct of the work of the Grievances Committee shall be appointed in accordance with the Public Service Employment Act . Experts (2) The Grievances Committee 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 Grievances Committee in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.2
Duties and functions 29.2 (1) The Grievances Committee 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. Duty to act expeditiously (2) The Grievances Committee shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.21
Powers 29.21 The Grievances Committee has, in relation to the review of a grievance referred to it, the power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it; (b) to administer oaths; and (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.22
Restriction 29.22 The Grievances Committee 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. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.23
Witness not excused from testifying 29.23 (1) No witness shall be excused from answering any question relating to a grievance before the Grievances Committee when required to do so by the Grievances Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (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. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.24
Expenses 29.24 Travel and living expenses incurred in appearing before the Grievances Committee shall, in the discretion of the Grievances Committee, 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 Grievances Committee holds a hearing at a place in Canada that is not their ordinary place of residence. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.25
Return of documents, etc. 29.25 Documents and things presented to the Grievances Committee at a hearing shall, on request, be returned to the person who presented them within a reasonable time after the Grievances Committee has provided its findings and recommendations to the Chief of the Defence Staff. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.26
Rules 29.26 (1) The Chairperson may make rules respecting (a) the manner of dealing with grievances referred to the Grievances Committee, including the conduct of investigations and hearings by the Grievances Committee; (b) the apportionment of the work of the Grievances Committee among its members and the assignment of members to review grievances; and (c) the performance of the duties and functions of the Grievances Committee. Hearings in private (2) A hearing of the Grievances Committee 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. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.27
Protection of members 29.27 No criminal or civil proceedings lie against any member of the Grievances Committee, 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 Grievances Committee. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 29.28
Annual report 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 Grievances Committee during that year and its recommendations, if any. Tabling in Parliament (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. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E)
National Defence Act — N-5 30
Entitlement 30 (1) Except during an emergency, an officer or non-commissioned member who is not on active service is entitled to be released at the expiration of the term of service for which the officer or non-commissioned member is enrolled or re-engaged. Effect of illegal absence (2) Except as may be prescribed in regulations made by the Governor in Council, any period during which an officer or non-commissioned member is in a state of desertion or is absent without leave shall not be reckoned toward the completion of the term of service for which that officer or non-commissioned member was enrolled or re-engaged. Exception in emergency or when on active service (3) Where the term of service for which an officer or non-commissioned member is enrolled or re-engaged expires during an emergency or when the officer or non-commissioned member is on active service or within one year after the expiration of an emergency or after he has ceased to be on active service, the officer or non-commissioned member is liable to serve until the expiration of one year after the emergency has ceased to exist or after he has ceased to be on active service, as the case may be. Reinstatement (4) Subject to regulations made by the Governor in Council, where (a) an officer or non-commissioned member has been released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a court martial or any civil court, and (b) the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the release or transfer may be cancelled, with the consent of the officer or non-commissioned member concerned, who shall thereupon, except as provided in those regulations, be deemed for the purpose of this Act or any other Act not to have been so released or transferred. R.S., 1985, c. N-5, s. 30; R.S., 1985, c. 31 (1st Supp.), s. 60 2019, c. 15, s. 3
National Defence Act — N-5 31
Placing forces on active service 31 (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so (a) by reason of an emergency, for the defence of Canada; (b) in consequence of any action undertaken by Canada under the United Nations Charter; or (c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party. When officers and non-commissioned members deemed on active service (2) An officer or non-commissioned member who (a) is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service, (b) has been placed on active service, or (c) pursuant to law has been attached or seconded to a portion of a force that has been placed on active service, shall be deemed to be on active service for all purposes. R.S., 1985, c. N-5, s. 31; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 76
National Defence Act — N-5 32
Proclamation for meeting of Parliament 32 Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day. R.S., c. N-4, s. 32
National Defence Act — N-5 33
Liability in case of regular force 33 (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty. Liability in case of reserve force (2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof (a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and (b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council. Exception in case of reserve force (3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only. Meaning of duty (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. R.S., 1985, c. N-5, s. 33; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 8
National Defence Act — N-5 34
Persons under eighteen 34 A person who is under the age of eighteen years may not be deployed by the Canadian Forces to a theatre of hostilities. R.S., 1985, c. N-5, s. 34; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 9; 2000, c. 13, s. 1
National Defence Act — N-5 35
Treasury Board to establish 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. Reimbursements and allowances (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. R.S., 1985, c. N-5, s. 35; R.S., 1985, c. 31 (1st Supp.), s. 60(E); 1998, c. 35, s. 10
National Defence Act — N-5 36
Ministerial approval 36 The materiel supplied to or used by the Canadian Forces shall be of such type, pattern and design and shall be issued on such scales and in such manner as the Minister, or such authorities of the Canadian Forces as are designated by the Minister for that purpose, may approve. R.S., c. N-4, s. 36
National Defence Act — N-5 37
Liability for loss or damage 37 The conditions under which and the extent to which an officer or non-commissioned member is liable to Her Majesty in respect of loss of or damage to public property shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 37; R.S., 1985, c. 31 (1st Supp.), s. 60