ARCHIVED - Canadian Forces Grievance Board - Report

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Chairperson’s Message

As the Chairperson of the Canadian Forces Grievance Board (CFGB), I am pleased to submit the CFGB's Report on Plans and Priorities for 2012-13.

The CFGB 2012-13 RPP presents plans within a shifting environment with challenges ahead. We are facing significant fiscal limitations, including the implementation of the Strategic and Operating Review announced in Budget 2011.

During the next three years we will work to build an organization that is leaner and more agile, focusing on output and investing in the future. Our transformation agenda will be achieved by gains in productivity through improved business processes, strategic investments and by reducing administrative overhead with the reform of Information Management /Information Technology service delivery.

The Board will maintain readiness for the resumption of the trial of a new approach for the referral of grievances, which was launched as a test in 2011 but later put on hold by the Canadian Forces (CF). Under this “principled approach”, the Canadian Forces refer to the Board all unresolved grievances that reach the Final Authority level, as opposed to those belonging to the four types identified by regulations and which represent approximately 40 % of all grievances at this final phase of the process. The Board remains committed to the “principled approach” which has proved beneficial to all parties involved and hopes it will be ultimately adopted by the CF as a way to provide equal access to an external review for all CF members.

The Board’s focus will be to maximize operational efficiency and flexibility while ensuring timely production standards and the high quality of its Findings and Recommendations.

The Board is aware of the challenges that will arise from transforming a work environment, with reduced financial resources and the potential of changes in the grievance process which may lead to unexpected fluctuations in the volume of cases referred to the Board. However, the CFGB’s team and I are fully ready to face these challenges and determined to succeed in fulfilling our mandate and contributing to a responsive, timely and fair grievance process.

Section I: Organizational Overview

Raison d’être

Responsibilities

The Board is an independent administrative tribunal reporting to Parliament through the Minister of National Defence.

The Board reviews military grievances referred to it and provides findings and recommendations (F&Rs) to the Chief of the Defence Staff (CDS) and the officer or non-commissioned member who submitted the grievance.

The Board also has the obligation to deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

Strategic Outcome and Program Activity Architecture

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Organizational Priorities

Risk Analysis

Organizational Context

Since it began operations in 2000, the Canadian Forces Grievance Board has been the external and independent component of the CF grievance process.

The Board reviews all military grievances referred to it by the CDS, as stipulated in the NDA and article 7.12 of the Queen's Regulations and Orders for the Canadian Forces ( QR&Os). Following its review, the Board submits its findings and recommendations (F&Rs) to the CDS, at the same time forwarding a copy to the grievor; the CDS is the final decision-maker. The CDS is not bound by the Board's report, but must provide reasons, in writing, in any case where the Board's F&Rs are not accepted. The Board also has the obligation to deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit.

The types of grievances that must be referred to the Board are those involving administrative actions resulting in deductions from pay and allowances, reversion to a lower rank or release from the CF; application or interpretation of certain CF policies, including those relating to conflict of interest, harassment or racist conduct; pay, allowances and other financial benefits; and entitlement to medical care or dental treatment.

In addition the CDS also has the discretion to refer any other grievance to the Board.

External Context

Principled Approach

In 2009, the CFGB, in coordination with the CF, began evaluating a new model for the referral of grievances, which the Board believes will add to the fairness and transparency of the military grievance process. Currently, as indicated above, only certain categories of grievances are referred to the Board for review. Therefore, not every grievor whose grievance has reached the Final Authority (FA) level benefits from the Board's external review of his or her complaint. Under this new "principled approach" to grievance referrals, the Board reviews all grievances at the final authority level where the CF is unable to resolve the matter to the satisfaction of the grievor; these files are forwarded to the Board with a CF synopsis or position. In October 2010, the AFC approved a trial period to start in January 2011. The project was regrettably put on hold in October 201, but with the intention to resume in 2012. If implemented, the Board may see an increase in the number of grievances referred to it under this model.

The Second Independent Review of Bill C-25

The Honourable Patrick J. LeSage, a retired Chief Justice of the Ontario Superior Court of Justice, was appointed by the Minister of National Defence to conduct the second independent review of Statutes of Canada 1998, c. 35 ("Bill C-25"), and an independent review¹ of Statutes of Canada 2008, c.29 ("Bill C-60").

The CFGB participated in this review and submitted to Justice LeSage several recommendations which may, in the Board's opinion, improve certain aspects of the grievance process. The Board particularly noted that restricting its review to certain types of grievances, as per the current regulations, "may be impacting negatively on the perceived fairness of the grievance process."

The Board also offered several suggestions intended to facilitate its work and enhance its efficiency. The Board is hopeful that the LeSage report, which was submitted to the Minister of National Defence at the end of 2011, will lead to improvements in the timeliness, efficiency and fairness of the grievance process.

The Board will assess the recommendations from the report and the impact it will have on its operations.

Measures Affecting Operating Budgets

Budget 2011 built upon the actions taken in Budget 2010 to return the Government of Canada to balanced budgets. Budget 2010 introduced cost containment measures to reduce operating spending across government. For the CFGB, the impact consists of absorbing increases resulting from new collective bargaining agreements. Budget 2011 introduced measures that will directly impact the CFGB's budgets and programs. The launch of a comprehensive one-year SOR aimed to improve the efficiency and effectiveness of government operations and programs.

The Board has no control over the volume of cases referred to it by the CF. The key risk associated with reduced financial resources is a reduction in the capacity to respond to increases in the volume of cases referred, while respecting internal productivity standards and complying with its statutory obligation to deal with cases as expeditiously as possible. The challenge facing the Board will be to maintain production standards and the high quality of F&Rs, with fewer resources.

Planning Summary

Financial Resources ($ thousands)

Human Resources (FTEs)*

*Includes Board Members appointed by Governor in Council.

Expenditure Profile

For 2012-13 fiscal year, the Board plans to spend $ 6,672 million to meet the expected results of its program activities and contribute to its strategic outcome. Over the past few years, the Board has generally been consistent in its rate of spending.

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Estimates by Vote

For information on our organizational appropriations, please see the 2012-13 Main Estimates publication.

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