Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing)

SOR/2000-294

NATIONAL DEFENCE ACT

Registration 2000-07-24

Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing)

The Chairperson of the Canadian Forces Grievance Board, pursuant to paragraph 29.26(1)Footnote a of the National Defence Act, hereby makes the annexed Canadian Forces Grievance Board Rules of Procedure (Review of a Grievance by Way of a Hearing).

July 24, 2000

Interpretation

 The definitions in this rule apply in these Rules.

Act

Act means the National Defence Act. (Loi)

document

document means any information, regardless of its form, and includes any correspondence, note, book, plan, map, drawing, photograph, film, microfiche, tape, or computerized or sound recording, or any reproduction of this information. (document)

grievance

grievance means a grievance that is referred to in section 29 of the Act. (grief)

grievor

grievor means any officer or non-commissioned member who grieves under section 29 of the Act. (plaignant)

hearing

hearing means a hearing to review a grievance. (audience)

hearing process officer

hearing process officer means any person who is appointed under subsection 29.19(1) of the Act or engaged under subsection 29.19(2) of the Act and who is authorized to act on behalf of the Registrar at a hearing. (agent d’audience)

party

party means the Canadian Forces or the grievor. (partie)

Registrar

Registrar means any person who is appointed in accordance with subsection 29.19(1) of the Act and who is designated as Registrar by the Chairperson of the Grievance Board. (greffier)

Application

 These Rules apply to proceedings for the review of a grievance by way of a hearing.

Dispensation of Rules and Extension or Abridgement of Time Limits

 The Grievance Board may dispense with any of these Rules in the interests of justice and where the circumstances and considerations of fairness require a dispensation so that the proceedings may be conducted as informally and expeditiously as possible.

  •  (1) Any time limit that is set by the Grievance Board shall be determined in the interests of justice and to provide for as informal and expeditious a proceeding as possible, and the Grievance Board may, on its own initiative or on a motion, extend or abridge a time limit in which an act is to be done.

  • (2) Where a time limit set out under these Rules falls on a Saturday or holiday, the time limit shall be extended to the next working day.

 The Grievance Board shall inform the parties of any decision to dispense with any of these Rules or to extend or abridge a time limit.

Filing of Documents

  •  (1) Where a document is to be filed with the Grievance Board in accordance with these Rules or a direction of the Grievance Board, the document may be filed by handing it to the Grievance Board if the Grievance Board is in session or by sending it to the Registrar by hand delivery, registered mail or courier or by facsimile transmission or electronic mail, where the necessary facilities for receipt in that manner exist.

  • (2) Subject to subrule (3), the day on which a document is filed is the day on which the document is received by the Grievance Board or any person authorized by the Grievance Board to receive the document.

  • (3) A document that is received by the Grievance Board after five o’clock in the afternoon of a business day when the Grievance Board is not in session is deemed to be filed with the Grievance Board on the next business day.

Service of Documents

 A document may be served

  • (a) by personal service, by registered mail or courier, with an acknowledgement of receipt, or by facsimile transmission or electronic mail if there are facilities for accepting service in that way; or

  • (b) where service cannot be made in accordance with paragraph (a), by the publication at least twice within a period of seven days in a daily newspaper circulated in the place of the latest known residence of the person being served of a notice that sets out the contents of the document to be served and states that the document is filed with the Grievance Board.

 Personal service may be effected

  • (a) in the case of the Grievance Board, by leaving a copy of the document with a person who is authorized to accept service on behalf of the Grievance Board;

  • (b) [Repealed, SOR/2008-137, s. 1]

  • (c) in the case of any other person, by leaving a copy of the document with the person or with a duly authorized representative acting for the person or with another person who appears to be at least 16 years of age and who

    • (i) resides or is employed at the residence of the person being served, or

    • (ii) is employed at the principal office of the person being served as set out in any document filed during the proceedings.

  • SOR/2008-137, s. 1.
  •  (1) A document is served

    • (a) in the case of personal service, on the day that the document is left with the person referred to in rule 8 who is authorized to accept service;

    • (b) in the case of service by registered mail or courier, on the date that appears on the acknowledgement of service;

    • (c) in the case of service by facsimile transmission or electronic mail, on the date that appears on the acknowledgement of transmission; and

    • (d) in the case of service by daily newspaper as referred to in paragraph 7(b), on the day after the day on which the last notice was published in the newspaper.

  • (2) Any document to be served on a person shall set out the name or official title of the person.

  • (3) A person who serves a document on another person, other than the Grievance Board, shall, as proof of service, without delay file a declaration under oath or a solemn affirmation to that effect with the Grievance Board.

  • SOR/2008-137, s. 2(E).

Requests for Documents

  •  (1) A party may, in writing, request another party to produce without delay any relevant document that is in the party’s possession or control.

  • (2) The request shall be addressed and delivered to the party or, where the Grievance Board requires that the request be served, served within the period determined by the Board. It shall also be filed with the Board.

  • (3) In the case of a request for information, each item of information that is requested shall be numbered consecutively.

  •  (1) A party who receives a request shall

    • (a) deliver a copy of the document to the other party and file a copy with the Grievance Board; and

    • (b) in the case of a request for information, provide a full and adequate reply on a separate page for each item of the request.

  • (2) A party who does not comply with subrule (1) shall, within a period that the Grievance Board establishes,

    • (a) set out the grounds for non-compliance;

    • (b) produce a statement that describes any other document that would be of assistance to the party who made the request; and

    • (c) deliver a copy of the grounds and, if applicable, the statement to the other party and file a copy with the Grievance Board.

  • (3) A party who has made a request and who has not received the document or a full and adequate reply may, by motion, request the Grievance Board to order the production of the document.

  •  (1) Where a party does not comply with subrule 11(1) or (2), the party may not put the document in evidence at a hearing unless the Grievance Board determines that, in the interests of justice and to provide for as informal and expeditious a hearing as possible, those subrules need not be complied with.

  • (2) Where a party does not comply with subrule 11(1) or (2), the party who made the request for the document may introduce secondary evidence of the content of the document where authorized to do so by the Grievance Board in the interests of justice and to provide for as informal and expeditious a hearing as possible.

Stay of Proceedings

 Where a party has not complied with these Rules or any direction of the Grievance Board, the Grievance Board may stay the proceedings until the Rules or direction have been complied with or take such other steps as the Grievance Board considers fair and reasonable.

Questions to Be Determined

  •  (1) A question of jurisdiction or procedure may be determined at any time during the proceedings and the Grievance Board may decide not to continue with the proceedings until after the question is determined.

  • (2) At any stage of the proceedings, the Grievance Board may, in accordance with the Federal Courts Act, refer any question of law, jurisdiction or procedure to the Federal Court for a hearing and determination and the Grievance Board may, pending the final determination of the question, order the whole or part of the proceedings to be stayed.

  • SOR/2008-137, s. 3.
 
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