2023 Annual Report

Staying the course

Table of contents

• Message from the Chairperson and Chief Executive Officer
• 2023 at a glance
  • Our program: Independent review of military grievances
  • Systemic issues raised by the Committee to the attention of the CDS
  • Corporate Services: stewardship excellence
• About the Committee
  • Mandate
  • Structure
  • Grievance Process
  • Committee Members
  • Contact us

Message from the Chairperson and Chief Executive Officer

Despite the human resource challenges and the significant number of grievance files awaiting review, the Committee managed to issue more comprehensive F&R reports this year than in 2022. Staffing was without a doubt the priority this year. We supported the launch and promotion of the two Governor in Council (GIC) nomination processes, and we ran several selection processes to bolster Operations with additional team leaders and several grievance officers. The Committee was able to offer development programs to employees interested in exploring new career paths.

The organizational structure underwent an independent review, which is always a good periodic practice to ensure that the structure is optimal to support the Committee’s mandate. A decision was made to invest in writing training, and this will soon translate into more refined F&R reports. Senior management also invested in leadership training focused on how management can mobilize people and provide psychologically safe workplaces. 

Internal services were fully engaged in moving the organization to the cloud and improving physical and digital security. We responded to the Call to Action on Anti-Racism, Equity and Inclusion by developing an integrated plan and launching our first Accessibility Plan, both with concrete actions items. We returned to regular publishing of our case summaries, focusing on adding the more recent files. The Committee saw the Safe Space Ambassador program lift off and our Champions presented several events throughout the year in support of Government of Canada priorities.

Ensuring employee mental health and wellness remains essential at the Committee. I issued weekly challenges during Healthy Workplace Challenge month and mental well-being was integrated into the performance objectives of every Committee employee with supervisory responsibilities. Normalizing informal recognition at our monthly all-staff meetings and using the intranet to engage with employees on anything and everything is now woven into our work culture. It is fair to say that internal engagement has increasingly become the needle keeping the fabric of our workplace whole.

This annual report may well be my last as Interim Chairperson and Chief Executive Officer and I would like to seize this opportunity to say that it has been an honour to lead this organization through two years of hard work and in constant search of betterment. It is a privilege to continue to work with a dedicated group of public servants. Every day I am the better for it.

Vihar Joshi, OMM, MSM, K.C., CD, LSM, CIC.C 
Interim Chairperson and Chief Executive Officer

2023 at a glance

Our program: Independent review of military grievances

For the Operations Team, every day of every year is about fulfilling the Committee’s mandate to the best of its abilities. However, this year brought with it a resolve to augment capacity for the future once and for all. Even though much time and energy were spent on recruitment and training efforts, the team still managed this year to surpass the number of thorough F&R reports issued in 2022.

We ran staffing processes, hired and trained new team leaders, grievance officers and Registry Office staff. The onboarding process is key to properly resourcing and supporting new talent as they integrate into the Committee. Consequently, a comprehensive updating of all training materials was undertaken concurrently with the selection processes.

Retention being just as important as recruiting, we were pleased to be able to offer professional development opportunities to employees who wished to reorient their careers and gain new experiences.

All employees in the Operations Team were invited to a compelling seminar on writing effective F&Rs and all managers were invited to leadership training focussed on mobilizing people while providing a psychologically safe work environment.

With regards to review of grievances, the Committee provided 215 F&Rs to the CDS and the CAF members who filed grievances. What remains paramount to the Committee is the calibre of our work. We are gratified by the fact that throughout this period of recruitment and training, the quality of our F&R reports remained top notch.

The Committee has a well-established step-by-step grievance review process; however, adapting to new ways of working is essential to continued productivity. The temporary shortage of staff in Legal Services in 2023 led to a slight modification to their involvement in the process without compromising the production of or quality of the F&R reports. Additionally, the variety and depth of subject-matter expertise nurtured year after year lent itself well to further efficiencies in the review of grievance files. Much like Beyond 2020 upheld, being agile is the best response to challenges.

We arrived at the end of 2023 feeling optimistic that we will be able to address a significant number of grievance files within the next few years. We fully expect that the newly onboarded employees and the anticipated appointments of a Chairperson, a full-time Vice-Chairperson and additional Committee Members will bear fruit.

How many grievances did the Committee receive and how many F&R reports did the Committee complete?

What is the average number of months to review a grievance at the Committee?

What category of grievances referrals did the Committee receive? 

Systemic issues raised by the Committee to the attention of the CDS

Harassment Prevention and Resolution Instructions – Procedural Fairness Principles

The Committee has observed a concerning disconnect between the CAF Harassment policy direction provided by the overarching Defence Administrative Order and Directive (DAOD) 5012-0 and the complementary direction found in the Harassment Prevention and Resolution Instructions (HPRI).

Paragraph 3.7, Note 2, of DAOD 5012-0 requires that the Responsible Officer (RO) disclose all information to be used in rendering their decision. This would necessarily include the respondent’s comments in response to the complainant’s allegations. This Note also requires the RO to allow the parties an opportunity to submit representation following such disclosure. However, paragraph 4.1 [Basic Principles] of the HPRI does not provide any such direction. This gap in the HPRI fails to ensure that the procedural fairness principles outlined in DAOD 5012-0 are respected during the harassment complaint process.

The Committee recommended the Final Authority (FA) direct that paragraphs 4.1 and 6.2 of the HPRI be revised to accurately reflect paragraph 3.7, Note 2, of DAOD 5012-0, thereby ensuring that both the respondent and the complainant receive full disclosure of all information to be considered by the RO in arriving at a decision, especially in those cases where there is no harassment investigation.

Modernizing the Interim Lodgings, Meals and Miscellaneous Expenses Policy

The CAF have acknowledged the frequent delays in the Air Shipment of members’ Household Goods and Effects (HG&E) for outside Canada (OUTCAN) postings to the Pacific region. These delays often exceed the policy limits (a maximum of 45 days) that are provided by section 12.2.01 of the Canadian Forces Integrated Relocation Program (CFIRP) Directive. The policy is in place in the hopes of helping members with the costs of interim lodgings, meals and miscellaneous expenses (ILM&M) upon arrival to their OUTCAN posting, while they wait for their HG&E to arrive.

As evidenced by these frequent and significant delays, the CFIRP Directive on ILM&M is failing to adequately support these CAF members. Notably, the 45-day maximum for ILM&M reimbursement is insufficient to realistically help subsidize the expenses members incur while waiting upwards of 50 to 60 days for their HG&E to arrive.

The Committee recommended that the CAF would be well served to align the normal Air Shipment durations and the policy entitlements. The Committee also recommended that CAF families need to be adequately informed about expected times and delays for OUTCAN Air Shipments (versus policy entitlements) so that these families can assess and plan accordingly.

Canadian Forces Administration Order 49-5 - Reserve Force Promotion Policy (Career Policy - Non-Commissioned Member - Primary Reserve)

The Committee has noticed that the Naval Reserve (NAVRES) do not always apply paragraph 25 of Canadian Forces Administrative Order (CFAO) 49-5, which requires the deferral of a member’s promotion until they have completed their Class “B” or “C” Reserve service. As such, there appears to be a disconnect between the promotion deferral policy outlined in paragraph 25 and its actual application by the NAVRES (and possibly other elements) in that the policy is not being applied as written.

The Committee recommended that the CFAO be reviewed with a view to confirming this policy or aligning it to the needs of the CAF and providing clear policy direction to all members.

Retention of the Medical Referral Form, DND 4006-E

The Committee noted that current CAF policy requires the Medical Referral Form [DND 4006-E] be retained on a CAF member's personnel file, regardless of whether the allegations prompting the referral have been proven or not. The Committee finds it unfair to retain a document of unproven allegations on a member's personnel file as this could be highly prejudicial. However, the Committee supports retaining such a referral document in a member's medical file. It could prove useful in the future should there be a subsequent referral based on new circumstances.

A referral form requiring a CAF member to be medically assessed for a potential medical alcohol dependency should be considered a medical process record and treated accordingly. The purpose of such a referral is to determine whether the “referred individual” suffers from alcohol related issues that could benefit from treatment, and to assist the chain of command in determining if alcohol dependency could have contributed to some confirmed or alleged misbehaviour by a member.

If a physician determines that there is no medical alcohol dependency issue, all that remains are the allegations of misbehaviour. If those allegations are not investigated further or if they do not result in any further administrative action, there is no reason for the medical referral form, mentioning the allegations, to be attached to the member's personnel file.

The Committee recommended that the FA direct a review of the CAF administration of the Medical Referral Form DND 4006-E, giving consideration to the form only being retained as a medical record and not on the personnel files of CAF members.

Centralization of the Post Living Differential Benefits Administration

Having noted the high number of instances of maladministration of the Post Living Differential (PLD) benefit, the Committee suggested that these errors, of considerable financial significance, could be reduced by centralizing the administration of PLD benefits under one centre of excellence. Alternatively, the Committee suggested that the practice of administering PLD benefits while CAF members are undergoing basic training could be terminated, in favour of CAF authorities administering PLD benefits at the member’s first posting, upon completion of basic training. In addition, the Committee noted a particularly high number of instances of maladministration of the PLD benefit in the Montreal region and suspects that many other CAF members may still be receiving PLD benefits they are not entitled to. The Committee has recommended that the CDS launch Operation ZONE 2 to evaluate PLD cases in the Montreal area.

The Committee also noted that the PLD Request / Authorization Form DND 2272 could be improved to better ensure that the PLD allowance is paid only to members who meet the conditions established by the Treasury Board.

The Committee recommended that the CDS consider centralizing the administration of PLD benefits under one centre of excellence and that the PLD Request / Authorization Form DND 2272 be revised to indicate more clearly:

• the member’s place of duty with signed confirmation that it is within a PLD Area (PLDA);
• the member’s principal residence address, with signed confirmation that the address is within the geographical boundary of their place of duty, and the correct PLDA; and
• the specific Compensation and Benefits Instruction provision under which the PLD allowance is authorized for that member, as well as the authorized PLD rate.

Corporate Services: stewardship excellence

Corporate Services play an instrumental role in providing services and support to the entire organization. Their stewardship and strategic advice cannot be understated in the organization’s achievement of its mandate and annual priorities. The small but dedicated group of employees at the Committee led its activities efficiently, creatively and responsibly throughout 2023. The following provides a glimpse into some of the bigger successes.

In response to the Government of Canada’s priorities related to the Call to Action on Anti-Racism, Equity and Inclusion in 2023, the Committee developed a three-year integrated plan. Changes to reflect the amendments to the Public Service Employment Act were implemented to strengthen diversity and inclusion and to address biases and barriers that disadvantage people belonging to equity-seeking groups. A Safe Space Ambassador program was launched to foster a safe and inclusive workplace. The Champions at the Committee organized a commemorative event to honour the National Day of Truth and Reconciliation and arranged for a presentation by the Office of the Commissioner of Official Languages on linguistic (in)security as well as a mental health workshop that explored “because feeling great matters.”

In implementing the commitments made in the Committee’s own Accessibility Action Plan, the Communications team proactively applied the Canada.ca content style guide as well as inclusive language guidelines to all products consistently. These same guidelines will be promoted organization-wide next year to ensure employees at the Committee are aware of the standards. The Champion of Official Languages promoted the closed captioning capabilities that were integrated in all the Committee’s virtual meetings. Additionally, the "inclusive by design" and "accessibility by default" approaches to office space design were fully implemented by equipping all offices with ergonomic equipment.

The Committee reduced its office footprint by decommissioning a portion of its current space. The retained workspace was adapted, and surplus equipment was disposed of accordingly. The Committee collaborated with other similar organizations to design a shared, modern workplace that will be realized at the end of their respective building lease agreements. A new office reservation tool was implemented. Although the Committee registered its organization in the GCcoworking pilot, it did not immediately open it up to all employees. A trial was undertaken by select employees at various GCcoworking locations across the National Capital Region with great success.

The Information Technology (IT) Team dedicated much of 2023 to migrating approximately 80% of the Committee’s workload to the cloud. This significant undertaking was complemented by IT’s equally significant strengthening of our security posture on mobile devices (smartphones and laptops). A three-year plan on continued improved security, both physical and digital, was developed and approved. Regular security briefings are now part of standard practice to enhance security governance and provide insights into the status of the Committee's security program.

The Awards and Recognition Program at the Committee encourages excellence, initiative and personal commitment. While the Committee is fortunate to have a particularly dedicated, talented and passionate group of employees, recognition still remains one of the keys to personal satisfaction and organizational productivity. In 2023, the Committee celebrated National Public Service Week by organizing a lunch at the Officer’s Mess with the CDS, General Wayne Eyre, as well as an afternoon at Britannia Park for all its employees in recognition of their work throughout the year. 

About the  Committee

Mandate

The Committee is an independent administrative tribunal reporting to Parliament through the Minister of National Defence. It reviews all military grievances referred to it by the CDS, as provided for in the NDA and article 7.21 of the Queen’s Regulations and Orders for the Canadian Forces.

Section 29 of the NDA provides a statutory right for an officer or a non-commissioned member to grieve a decision, an act or an omission in the administration of the affairs of the CAF. The importance of this broad right cannot be overestimated since it is, with certain narrow exceptions, the only formal complaint process available to CAF members.

Since beginning operations in 2000, the Committee has acted as the external and independent component of the CAF grievance process. It also has the statutory obligation to deal with all matters as informally and expeditiously as the circumstances permit.

Following its review of referred military grievances, the Committee provides its F&R reports to the CDS and the grievor. The CDS is the final decision-maker and is not bound by the Committee’s F&Rs. In any case where the Committee’s F&Rs are not accepted, the CDS must provide the reasoning in writing.

Types of grievances referred to the Committee

1.    Mandatory referrals are grievances relating to one or more of the following matters:

• administrative action resulting in the forfeiture of or deductions from pay and allowances, reversion to a lower rank or release from the Canadian Forces;
• 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;
• pay, allowances and other financial benefits;
• the entitlement to medical care or dental treatment; and
• any decision, act or omission of the CDS in respect of a particular officer or non-commissioned member.

See article 7.21 of the Queen's Regulations and Orders for the Canadian Forces that sets out the types of grievances that must be referred to the Committee once they reach the FA level.

2.    Discretionary referrals: The CDS has the discretion to refer any other grievance to the Committee.

Structure

The Committee consists of Committee Members, appointed by the GIC, who are responsible for reviewing grievances and issuing F&R reports.

Under the NDA, the GIC must appoint a full-time Chairperson and at least two Vice-Chairpersons. In addition, the GIC can appoint any other Committee Members that the Committee may require to carry out its functions. Appointments are for up to four years and can be renewed.

Information about GIC appointments can be found at Governor in Council appointments – Canada.ca.

The Committee Members work with the support of the Registry Office staff, legal advisors, team leaders and grievance officers who provide analysis and advice on a wide range of issues. The responsibilities of the Committee’s Internal Services include administrative services, strategic planning, security, performance evaluation and reporting, human resources, finance, information management, information technology and communications.

Management Team

Grievance Process

Canadian Armed Forces grievance process

The CAF grievance process consists of two levels and begins with the grievor’s commanding officer (CO).

Level I: Review by the Initial Authority (IA)

Step 1: The grievor submits a grievance in writing to their CO.

Step 2: The CO acts as the IA if they can grant the redress sought. Otherwise, the Canadian Forces Grievance Authority assigns an appropriate IA. Should the grievance relate to a personal action or decision of an officer who would otherwise be the IA, the grievance is forwarded directly to the next superior officer who is able to act as IA.

Step 3: The IA renders a decision and, if the grievor is satisfied, the grievance process ends.

Level II: Review by the Final Authority (FA)

A grievor, who is dissatisfied with the IA’s decision, is entitled to have their grievance reviewed by the FA, which is the CDS or their delegate.

Step 1: The grievor submits their grievance to the CDS (or their delegate) for FA-level consideration and determination.

Step 2: Depending on the subject matter of the grievance, the CDS may be obligated to, or may at their discretion, refer it to the Committee. If the grievance is referred for consideration, the Committee conducts a review and provides its F&R report to the CDS and the grievor. Ultimately, the FA makes the final decision on the grievance.

Committee grievance process

The Committee’s internal review process consists of three steps: grievance reception, review and the drafting of F&R reports.

1. Grievance reception

Upon receipt of a grievance, the grievor is contacted and invited to submit additional comments or other documents relevant to their case.

2. Review

The assigned Committee Member holds a case conference where the grievance is reviewed and the issues are identified and discussed. The Committee Member works with a team leader, a grievance officer and legal counsel. If necessary, additional documentation is obtained and added to the file, and subsequently disclosed to the grievor. Although rare, it is possible a hearing may be held.

3. Findings and Recommendations

The Committee Member issues a F&R report, which is then sent simultaneously to both the CDS and the grievor. At this point, the Committee no longer has jurisdiction over the grievance. The grievor receives a decision directly from the FA.

Committee Members

Contact us

Military Grievances External Review Committee
60 Queen Street, 9^th floor
Ottawa, Ontario K1P 5Y7
Tel: 613-996-8529
Toll free: 1-877-276-4193
mgerc.information.ceegm@mgerc-ceegm.gc.ca
www.canada.ca/en/military-grievances-external-review.html