Canadian Armed Forces Grievance Process

Legal Foundation of Military Grievances

The right to grieve is enshrined in Section 29 of the National Defence Act, which states that any officer or non-commissioned member who has been aggrieved by any decision, act, or omission in the administration of the affairs of the Canadian Armed Forces has the right to submit a grievance.

Key Legislation and Regulations

• National Defence Act (NDA) - Sections 29 to 29.15
• Queen's Regulations and Orders (QR&O) - Chapter 7
• Defence Administrative Orders and Directives (DAOD) - 2017 series
• Canadian Forces Grievance Manual - Policy guidance and procedures

Who Can Submit a Grievance?

Any serving member of the Canadian Armed Forces has the right to submit a grievance, including:

• Regular Force members
• Reserve Force members on Class A, B, or C service
• Members of the Cadet Organizations Administration and Training Service (COATS)
• Canadian Rangers while on duty

What Can Be Grieved?

The grievance system covers a broad range of administrative matters that personally affect CAF members:

Critical Timeline Requirements

Timing is crucial in the grievance process. Missing deadlines can result in your grievance being rejected on procedural grounds.

Timeline Breakdown

• Day 0: Date you become aware of the issue
• Days 1-30: Attempt informal resolution, gather information
• Days 31-60: Prepare and submit Notice of Intent (if using)
• Days 61-90: Finalize and submit formal grievance
• After Day 90: Must provide compelling reasons for late submission

The Complete Grievance Process: Step by Step

Step 1: Attempt Informal Resolution

Before filing a formal grievance, you should attempt to resolve the issue through your chain of command. This demonstrates good faith and may lead to a quicker resolution. Consider:

• Speaking directly with your immediate supervisor
• Using Conflict and Complaint Management Services (CCMS)
• Requesting mediation or alternative dispute resolution
• Documenting all attempts at informal resolution

Step 2: Submit Notice of Intent (Recommended)

While not legally required, submitting a Notice of Intent to Grieve (NOI) is strongly recommended. The NOI:

• Formally notifies your chain of command of the issue
• Provides another opportunity for resolution
• Demonstrates you've followed proper procedures
• Can be submitted via email or memo format

Step 3: Prepare Your Grievance

A well-prepared grievance clearly identifies:

• The Matter Grieved: Specific decision, act, or omission
• The Impact: How it affects you personally
• The Redress Sought: What you want as a resolution
• Supporting Evidence: Documents, policies, witnesses

Step 4: Submit Using the 2024 Digital Grievance Form

The new digital submission system launched in 2024 offers several advantages:

• Automated routing to appropriate authority
• Real-time tracking of grievance status
• Secure document upload capabilities
• Electronic confirmation of receipt
• Reduced processing delays

Initial Authority (IA) Level

The Initial Authority is typically your Commanding Officer or the lowest level of command with the power to grant the redress you're seeking. The IA process involves:

IA Responsibilities

• Acknowledge receipt of grievance within 10 days
• Determine if they have authority to grant redress
• Conduct fact-finding and gather relevant information
• Provide disclosure of evidence to grievor
• Consider grievor's response to disclosure
• Render decision with reasons within 4 months (target)

Your Rights at IA Level

• Right to disclosure of all relevant information
• Right to respond to disclosure
• Right to representation by an assisting member
• Right to procedural fairness and unbiased decision-making
• Right to written reasons for the decision

Canadian Forces Grievance Authority (CFGA)

The CFGA plays a crucial role in managing the grievance system and ensuring procedural fairness throughout the process.

Final Authority (FA) Level

If you're not satisfied with the Initial Authority decision, you can forward your grievance to the Final Authority - typically the Chief of the Defence Staff (CDS) or their delegate.

When to Go to Final Authority

• IA denied your grievance wholly or partially
• IA lacked authority to grant full redress
• IA failed to render decision within reasonable time
• New evidence has emerged since IA decision

FA Process Overview

1. Submission: Forward grievance to FA within timeline
2. CFGA Analysis: Comprehensive review and analysis
3. MGERC Review: If applicable, external review
4. Disclosure: Additional evidence shared with grievor
5. Decision: CDS or delegate renders final decision

Military Grievances External Review Committee (MGERC)

The MGERC (formerly the CF Grievance Board) is an independent, quasi-judicial tribunal that reviews certain categories of grievances before the Final Authority decision.

Grievances Requiring MGERC Review

• Administrative actions resulting in financial loss
• Reversion to lower rank or release
• Decisions related to harassment complaints
• Expression of dissatisfaction with CF policy
• Pay and benefits issues
• Medical employment limitations

Procedural Fairness and Natural Justice

The grievance process is governed by principles of procedural fairness and natural justice, ensuring fair treatment throughout.

Key Principles

Common Pitfalls to Avoid

Resources and Support

You don't have to navigate the grievance process alone. Several resources are available to help:

Related Resources