NDDN Committee Meeting

The Standing Committee on National Defence met at 3:34 p.m. this day, in Room 362, East Block, the Chair, James Bezan, presiding.

Pursuant to the motion adopted by the Committee on Monday, February 11, 2013, the Committee commenced its clause-by-clause study of the Bill.

The witnesses answered questions.

Pursuant to Standing Order 75(1), consideration of Clause 1, Short Title, was postponed.

The Chair called Clause 2.

Clause 2 carried.

Clause 3 carried.

On Clause 4,

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

“issue instructions or guidelines in writing to the Provost Marshal and the Military Police Complaints Commission in”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

Clause 4 carried on division.

After debate, Clause 5 carried on division.

On Clause 6,

“considered and determined by the Grievances Committee. The Committee’s decision is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.”

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

The Chair ruled that the following amendment was consequential to the previous amendment and therefore it was also inadmissible:

“29.11 Except in the case of a grievance considered and determined by the Grievances Committee, the Chief of the Defence Staff is the”

“(a) decide all matters relating to a grievance, including financial matters; and

(b) deal with all matters as informally and expedi-”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

Clause 6 carried on division.

Clause 7 carried on division.

On Clause 8,

“provide, and make public without delay, reasons for his or her decision in respect”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 8 carried on division.

On Clause 9,

“(c) a grievance that has far-reaching implications for the Canadian Forces may not be delegated.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 4; NAYS: 7.

Clause 9 carried on division.

On new Clause 9.1,

“9.1 The Act is amended by adding the following after section 29.15:

29.151 (1) When a grievance has been submitted by an officer or non-commissioned member in accordance with the regulations referred to in subsection 29(3), the decision of the final authority with respect to the grievance must be given in writing to the officer or non-commissioned member within 12 months of the submission of the grievance.

(2) If the 12-month period referred to in subsection (1) has elapsed and the officer or non-commissioned member has not received the decision of the final authority with respect to the grievance, the officer or non-commissioned member may apply to the Federal Court for such relief as the Court considers appropriate.

(3) The Federal Court shall award any officer or non-commissioned member who makes an application under subsection (2) costs on a solicitor-client basis, regardless of the outcome of the application.

(4) Subsections (1) to (3) do not apply to any grievance that is required by regulation to be personally adjudicated by the Chief of the Defence Staff.”

The Chair ruled the proposed amendment inadmissible because it was contrary to the principle of the Bill, as provided on page 766 of House of Commons Procedure and Practice, Second Edition.

“9.1 The Act is amended by adding the following after section 29.15:

29.151 (1) When a grievance has been submitted by an officer or non-commissioned member in accordance with the regulations referred to in subsection 29(3), the decision of the final authority with respect to the grievance must be given in writing to the officer or non-commissioned member within 12 months of the submission of the grievance.

(2) If the 12-month period referred to in subsection (1) has elapsed and the officer or non-commissioned member has not received the decision of the final authority with respect to the grievance, the officer or non-commissioned member may apply to the Federal Court for such relief as the Court considers appropriate.

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Clause 10 carried.

On Clause 11,

“(1.1) Section 29.16 of the Act is amended by adding the following after subsection (3):

(3.1) Despite subsection (3), if a matter has been referred to the Grievances Committee and the term of appointment of a member who has been participating in the consideration of the matter expires, or the member resigns, before the Grievances Committee concludes its consideration of the matter or gives a decision, the member, solely for the purpose of the Grievances Committee's concluding its consideration of the matter or giving its decision, shall continue to be considered a member of the Grievances Committee, except if removed for cause.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

“(1.1) Section 29.16 of the Act is amended by adding the following after subsection (2):

(2.1) No officer or non-commissioned member may be appointed as a member of the Grievances Committee.

(1.2) Subsections 29.16(7) and (8) of the Act are replaced by the following:

(7) Members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

(8) 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.

(1.3) The portion of subsection 29.16(9) of the Act before paragraph (a) is replaced by the following:

(9) Members are deemed

(2) Subsection 29.16(10) of the Act is repealed.”

After debate, the question was put on the amendment of Jack Harris and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, an amendment of Jack Harris and Clause 11 were allowed to stand.

Clause 12 carried.

Clause 13 carried.

After debate, Clause 14 carried.

Clause 15 carried.

After debate, Clause 16 carried.

After debate, Clause 17 carried.

Clause 18 carried.

Clause 19 carried.

By unanimous consent, after debate, Clause 20 was allowed to stand.

At 5:38 p.m., the Committee adjourned to the call of the Chair.