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The following are examples of questions we are asked and the kinds of answers we usually give. Please keep in mind that every situation is unique, so use this section as a guide only. (These answers should not be viewed as legal advice.)

If you have any questions or would like more information or clarification, please call us toll-free at 1-88-88-BUDMAN (1-888-828-3626).

The Ombudsman's Office
Pay / Benefits
Release Category
Voluntary Release
Involuntary Release
Medical Release
Harassment / Abuse of Power/ Discrimination
Postings
Redress of Grievance (ROG)
Military Justice
Administrative Action
Military Police / NIS
Housing
Promotions
Leave
Personnel Evaluation Report (PER)
Assault / Sexual Assault
Pensions
Medical Pensions
Post-traumatic Stress Disorder
Quality of Life Issues
Service Income Security Insurance Plan (SISIP)
Health Insurance Plan

The Ombudsman’s Office

What does the Ombudsman do?

The Ombudsman’s Office is here to help you as a direct source of information, referral and education. If you are not sure how to get your concern addressed, we can explain your options and help you access the existing channels of assistance and redress within DND/CF.
We give the existing mechanisms an opportunity to deal with your concerns. If you aren’t satisfied with the resolution provided by the existing mechanisms, or if there are compelling circumstances that mean you can’t use the existing mechanisms, we can investigate the matter to make sure you are treated fairly.

The Mandate of the Office of the Ombudsman for National Defence and the Canadian Forces gives more details on how the Office works.

Pay / Benefits

I have been having difficulties with my pay. What can I do?

As a former Regular Force member or former Class C Reservist, you can call Director Accounts Processing, Pay and Pensions (DAPPP) toll-free at 1-800-267-0325 for answers about your release pay and benefits.

If you are a Regular Force member or active Class C Reservist, you can call Director Accounts Processing, Pay and Pensions (DAPPP)/military pay toll-free at 1-888-507-1111 for answers about your pay.

For any problems related to Class A or B Reserve pay, you can call the Reserve Pay Hot Line at 1-800-773-7705.

You can also submit a formal complaint through your chain of command outlining your concerns regarding your pay. Be specific. Your memo should clearly state what resolution you are looking for.

If you are not satisfied with the resolution of your complaint, you can submit a redress of grievance through your chain of command in accordance with Chapter 7 of the Queen’s Regulations and Orders.

The Ombudsman’s Office may be able to intervene if, in the Ombudsman’s view, your circumstances are compelling. See subsection 13(2) of the Ombudsman’s mandate.

I submitted a claim through my chain of command regarding benefit entitlements. My claim was denied. Can I appeal the decision?

You have the right to submit a redress of grievance in accordance with Chapter 7 of the Queen’s Regulations and Orders.

The Ombudsman’s Office may be able to intervene if, in the Ombudsman’s view, your circumstances are compelling. See subsection 13(2) of the Ombudsman’s mandate.

Information on your entitlement to benefits can be accessed at your unit orderly room

Release Category

I am not satisfied with my release category. How can I get it changed?

You can submit a Redress of Grievance (ROG) regarding your release and/or release category. You should do so as soon as you are notified of your pending release and/or category. If you are unable to submit your ROG within a timely manner, you should submit a memo indicating your intention to submit a ROG and provide a tentative date for submission.

Should you decide to file a redress of grievance, you should ensure that you do so before your release takes effect. Once you have been released from the Canadian Forces, you will no longer be able to file a redress of grievance. However, any redress filed before your release will still be considered. (Refer to Chapter 7 of the Queen’s Regulations and Orders for more information.)

If you are a former member of the Canadian Forces, you can forward your concerns in writing to the Director General Military Careers for review.

Voluntary Release

I would like to request a voluntary release for personal reasons before my period of obligatory service expires. What can I do?

A request for voluntary release may be approved when there are compelling circumstances and if the operational requirements permit. (Refer to DAOD 5049-1 for more information.)

You should address your concerns with your padre or social worker who will then provide their recommendations in writing as to whether or not they agree you have compelling reasons that warrant the voluntary release. If they agree, you should submit a formal request through your chain of command for review. Your request should include the recommendations from your padre or social worker.

If your request is denied, you can submit a Redress of Grievance regarding your release. (Refer to Chapter 7 of the Queen’s Regulations and Orders for more information.)

If you have compelling reasons why you feel the Ombudsman’s Office should intervene, you can contact the Ombudsman’s Office by phone and/or submit your concerns in writing to the Office for review.

I would like to request a voluntary release for personal reasons before my term of service expires. I am unable to provide the CF with a six-month notice. It is important that I get my release as soon as possible. What can I do?

A request for voluntary release may be approved when there are compelling circumstances and if the operational requirements permit. (Refer to QR&O 15.01 for more information.)

If your request is denied, you can submit a Redress of Grievance regarding your release. (Refer to Chapter 7 of the Queen’s Regulations and Orders.)

Involuntary Release

I have received a Notice of Intent of Release and I do not wish to be released from the CF. What’s my next step?

You should familiarize yourself with QR&O 15.21 if you are a commissioned officer or with QR&O 15.36 if you are a non-commissioned member.

You will be required to advise your commanding officer of any objections you have regarding your release within a prescribed timeline. You can request an extension if you consider that you are not given sufficient time to make your rebuttal. You also have the right to request an assisting officer to help you in the preparation of your rebuttal.

Following this, your file will be forwarded to the Director General Military Careers (DGMC) for consideration. DGMC should disclose copies of all information and documentation that substantiate the proposed release and that would be considered before making a final decision. You will be given an opportunity to make a written rebuttal. If you feel that you are not given enough time to prepare your rebuttal, you can request an extension.

If the DGMC decides that your release should proceed, you have the right to submit a redress of grievance to contest the decision to release you. You also have the right to request an assisting officer to help you in the preparation of your redress.

Should you decide to file a redress of grievance you should ensure that you do so before your release takes effect. Once you have been released from the Canadian Forces, you will no longer be able to file a redress of grievance. However, any redress filed before your release will still be considered. (Refer to Chapter 7 of the Queen’s Regulations and Orders.)

Medical Release

I will be released on medical grounds and I feel that I require prolonged medical treatment from the CF. What can I do?

You should discuss your concerns with the medical officer. If it appears that prolonged medical treatment is required, the medical officer can recommend in writing that you be retained temporarily in the CF. (See CFAO 15-1 for more information.)

I will be receiving a medical release and I am concerned I will not receive the appropriate medical follow-up care. What can I do?

Please contact the Centre for the Support of Injured and Retired Members and Their Families (The Centre). The Centre is qualified to assist with these types of concerns. You can reach The Centre by calling their toll-free number: 1-800-883-6094.

The Centre’s Web site.

What can I do to ensure my medical release takes into account all of my medical problems?

I have been notified I will be released on a medical category. I do not want to leave the CF and feel I can still provide a service. What can I do?

Your file will be forwarded to the Director General Military Careers (DGMC) for consideration by medical authorities. DGMC should disclose copies of all information and documentation that substantiate the proposed release and that would be considered before making a final decision. You will be given an opportunity to make a written rebuttal. If you feel that you are not given enough time to prepare your rebuttal, you can request an extension. You also have the right to request an assisting officer to help you in the preparation of your rebuttal.

Harassment / Sexual Harassment / Abuse of Power / Discrimination

I feel that I have been subjected to harassment. What are my rights and responsibilities?

All CF members and DND employees have the right to be treated fairly, respectfully and with dignity in a workplace free of harassment, and they have the responsibility to treat others in the same manner.

You have the right to access information regarding harassment prevention and resolution. You should familiarize yourself with the resolution processes proposed by DAOD 5012-0 and by the Harassment Prevention and Resolution Guidelines. These resolution processes include the self-help method, as well as the informal and formal resolution processes.

The related Human Rights – Discrimination directives, CFAO 19-40 and DAOD 5012, also apply to harassment issues.

You have the right to access assistance from a person in a position of responsibility. This includes a supervisor, a specialist officer, such as a medical doctor, a social worker, padre or personnel selection officer.

You have the right to get help preparing your complaint from an assisting officer.

The following agencies may also be able to help you:

Employee Assistance Program (EAP) 1-800-268-7708
Canadian Forces Member Assistance Program (CFMAP) 1-800-268-7708

You may wish to document any actions and attempts you have taken to resolve the matter.

Information on harassment can also be accessed at your unit orderly room or click here

I am an involved party in a harassment investigation. How can I make sure I am kept informed?

Write a memo requesting information on the investigation and submit it to your immediate supervisor. Be specific. Your memo should clearly state what information you are looking for. You have the right to request and obtain an assisting officer to help you make your submission. If you have not received a response within 30 days, send a follow-up memo. (Refer to DAOD 5012-0.)

If you are not satisfied with the response, you can contact us if you wish and we will determine if we can assist you.

My harassment complaint is overdue for a response from a convening authority. What can I do?

You can submit a memo through your chain of command requesting the status of your complaint and requesting the expected time of completion.

If you are not satisfied with the treatment of your complaint, you can submit a redress of grievance in accordance with Chapter 7 of the Queen’s Regulations (military personnel), Civilian Personnel Administrative Orders (CPAO) 7.07 (civilian personnel) or Section 11 of the Canadian Forces Personnel Support Agency – Volume 5 (non public fund employees).

I am not satisfied with the findings of an investigation or the investigation itself. What is my next step?

You can submit a redress of grievance outlining your concerns and stating what resolution to your complaint you would like to see. You have the right to request and obtain an assisting officer to help you make your submission. (Refer to the DND/CF grievance procedures outlined in Chapter 7 of the Queen’s Regulations (military personnel), Civilian Personnel Administrative Orders (CPAO) 7.07 (civilian personnel) or Section 11 of the Canadian Forces Personnel Support Agency – Volume 5 (non public fund employees).

Postings

I would like to request a contingency cost move or compassionate posting for personal reasons. It is important that I get my requested posting. What can I do?

You should address your concerns with your padre or social worker who will then provide their recommendations in writing as to whether or not they agree you have compelling reasons that warrant the posting. If they agree, you should submit a formal request through your chain of command for review. Your request should include the recommendations from your padre or social worker.

DAOD 5003-6 provides more information on contingency cost moves and compassionate postings.

I requested a contingency cost move or compassionate posting for personal reasons and did not receive it. What can I do?

You can submit a redress of grievance regarding your posting in accordance to Chapter 7 of the Queen’s Regulations and Orders.

Redress of Grievance (ROG)

I am concerned about my ROG going through the Chain of Command. Can I bring my ROG to the Ombudsman for review instead?

The Ombudsman’s Office is set up as a method of last resort, so you must use the existing grievance system first to attempt to resolve your complaint. We may be able to intervene in lieu of existing complaint mechanisms if, in the Ombudsman’s opinion, your circumstances are compelling. See section 13 of the Ombudsman’s mandate.

CF members and DND civilian employees have the right to access assistance from an assisting officer in the preparation of their grievance.

CF members have the right to access information regarding the Canadian Forces Streamlined Grievance Process. This information can be found in Chapter 7 of the Queen’s Regulations and Orders and the Canadian Forces Grievance Manual.

You can also contact the Director Canadian Forces Grievance Administration (DCFGA) at 1-866-474-3867 with your questions on the Canadian Forces Streamlined Grievance Process.

DND civilian employees have the right to access information regarding the DND grievance procedures. This information can be found in the Civilian Personnel Administrative Order (CPAO) 7.07.

Non public fund (NPF) civilian employees have the right to access information regarding grievance procedures. This information can be found in Section 11 of the Canadian Forces Personnel Support Agency – Volume 5.

My ROG is overdue for a response from a redress authority. What can I do?

You can submit a memo through your chain of command requesting the status of grievance and requesting the expected time of completion.

If your ROG has not been responded to within the appropriate time, you can also bring your ROG to the next redress authority for review.

If you have concerns about the handling of your grievance at any stage in the process or if you feel that there are compelling circumstances to justify the Ombudsman’s Office getting involved, you can contact the Office by phone and/or forward your concerns for review.

My ROG has taken over two years to go through the Chain of Command. I have been advised it is at the Chief of Defence Staff (CDS) level. How long do I have to wait for a response? Where can I direct my questions? Will the Ombudsman’s Office intervene because of the delay?

You can submit a memo through your chain of command requesting the status of grievance and requesting the expected time of completion.

Questions may also be addressed to the Director Canadian Forces Grievance Administration (DCFGA) at 1-866-474-3867.

To find out if your grievance has been referred to the Grievance Board by the CDS, you can call the Board: Toll Free 1-877-276-4193 or (613) 996-8529 or fax (613) 996-6491.

There is no time limit for the CDS to respond to your ROG. However, if you feel there has been undue delay or you have concerns about the handling of your grievance at any stage in the process, you can contact the Ombudsman’s Office by phone and/or forward your concerns to the Office for review.

Military Justice

I have been charged under the Code of Service Discipline. What are my rights and entitlements under the Canadian Charter of Rights and Freedoms and the National Defence Act?

For general information on the Code of Service Discipline, read "The Code of Service Discipline and Me." You can get this booklet at your unit orderly room.

For specific information on the Code of Service Discipline, read Part III of the National Defence Act and the regulations contained in Volume II of the Queen’s Regulations and Orders.

An accused must be given the opportunity to consult with legal counsel before making an election between summary trial and court martial. You can contact Defence Counsel Services at 1-888-715-9636 or (819) 997-8985.

It should be noted that the Ombudsman does not act as a lawyer or an advocate for any party. His role is neutral. We can provide options, but we cannot give advice.

Please note that the Ombudsman’s Office cannot investigate complaints relating to the exercise of discretion in laying charges by the chain of command or the NIS or in preferring charges by the Director Military Prosecution (see section 14 of the Ombudsman’s mandate).

However, the Ombudsman’s Office may report complaints of delay or abuse related to the administration of the Code of Service Discipline to the appropriate authority (see section 19 of the Ombudsman’s mandate).

I have been convicted at summary trial. What can I do to get my trial reviewed?

If you have been convicted at summary trial, you are entitled to apply to a Review Authority within fourteen days of the termination of the summary trial to have the guilty finding or sentence imposed on you reviewed. The grounds and procedure for requesting review are set out in QR&O 108.45. You also have the right to request an assisting officer to help you in the preparation of your rebuttal. The Review Authority is normally the next superior officer to whom the presiding officer is responsible in matters of discipline. The Review Authority is required to seek the advice of a legal officer before making a final determination.

You can also contact Defence Counsel Services at 1-888-715-9636 or (819) 997-8985.

Members dissatisfied with the finding of their summary trial may not grieve the matter under the CF streamlined grievance process.

Please note that the Ombudsman’s Office cannot investigate complaints relating to military judges or summary trials (see section 14 of the Ombudsman’s mandate).

I have been convicted at court martial. What can I do to get my trial reviewed?

If you have been convicted before a court martial, you can appeal to the Court Martial Appeal Court, a division of the Federal Court, normally within thirty days following the date the court martial terminated its proceedings to the Registry of the Court Martial Appeal Court. The grounds and procedure for requesting an appeal are set out in Chapter 115 of the Queen’s Regulations and Orders.

You can also contact Defence Counsel Services at 1-888-715-9636 or (819) 997-8985.

Members dissatisfied with the finding of their court martial may not grieve the matter under the CF streamlined grievance process.

Please note that the Ombudsman’s Office cannot investigate complaints relating to military judges or summary trials (see section 14 of the Ombudsman’s mandate).

Can I appeal a decision of the Court Martial Appeal Court?

You can appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court. The grounds for requesting an appeal are set out in QR&O 115.27.

Administrative Action

A verbal or recorded warning has been issued against me. Can I appeal the decision?

You have the right to submit a redress of grievance. Refer to the DND/CF grievance procedures outlined in Chapter 7 of the Queen’s Regulations (military personnel), Civilian Personnel Administrative Orders (CPAO) 7.07 (civilian personnel), or Section 11 of the Canadian Forces Personnel Support Agency – Volume 5 (non public fund employees) for information on how to go about this. You also have the right to request an assisting officer to help you in the preparation of your grievance.

Read CFAO 26-17 for more information on recorded warnings.

I was provided with a notice of intent to recommend counselling and probation (C&P). I am not in agreement with the CO’s recommendation. What can I do?

You will be required to advise your CO of any objections you have regarding the C&P within a prescribed timeline. You can request an extension should you consider that you are not afforded sufficient time to make a written rebuttal. You also have the right to request an assisting officer to help you in the preparation of your rebuttal.

Your CO should disclose copies of all the documentation that substantiate the proposed C&P and that would be considered before making a final decision.

Read CFAO 26-17 for more information on counselling and probation.

If the CO decides that your C&P should proceed, you have the right to submit a redress of grievance in accordance with Chapter 7 of the Queen’s Regulations and Orders. You also have the right to request an assisting officer to help you in the preparation of your grievance.

Military Police / NIS

I am concerned about the conduct of a member of the military police in the performance of their policing duties. What can I do?

Each military police section on base should have complaint forms that you can complete and mail to the Canadian Forces Provost Marshal.

You can also file a complaint directly to the Canadian Forces Provost Marshal without completing the above-mentioned form.

If you are not satisfied with the resolution of your complaint, you can file a complaint to the Military Police Complaints Commission (MPCC) about the conduct of a member of the military police in the performance of any of their policing duties or functions. The MPCC has jurisdiction over incidents that occurred after Dec 1, 1999. They can be reached by calling 1-800-632-0566.
Any military police member who believes on reasonable grounds that the chain of command has interfered with an investigation can make an interference complaint to the MPCC.

Housing

I am dissatisfied with my Personnel Married Quarters (PMQ). What are my options?

You can contact your local CF Housing Authority (CFHA) office and make your concerns known in writing. Should you feel you are not being treated appropriately by your local office, send a copy of your correspondence to the CFHA head office in Ottawa. Their address is:

CFHA
C/O Support Unit
2171 Thurston Drive
Ottawa ON K1G 6E2

You can also request an inspector from CFHA to document your concerns. You have the right to a second opinion and can request an inspector from another profession, for example a local hospital, electrician, etc.

If you are not satisfied with the resolution of your complaint, you can submit a redress of grievance through your Chain of Command. (See Chapter 7 of the Queen’s Regulations and Orders.)

Promotions

I was denied a promotion. What can I do?

You have the right to submit a redress of grievance in accordance with Chapter 7 of the Queen’s Regulations and Orders. You also have the right to request an assisting officer to help you in the preparation of your grievance.

Leave

I would like to request compassionate leave for personal reasons. What can I do?

You should address your concerns with your padre or social worker, who will then provide their recommendations in writing as to whether or not they agree you have compelling reasons that warrant your request. If they agree, you should submit a formal request through your chain of command for review. Your request should include the recommendations from your padre or social worker.

CFAO 16-1 and Chapter 16 of the QR&Os give more information on the entitlements, conditions and limitations governing the granting of leave.

If your request is denied, you can submit a redress of grievance regarding your leave in accordance with Chapter 7 of the Queen’s Regulations and Orders.

Personnel Evaluation Report (PER)

I am unsatisfied with my PER. What can I do?

Assault / Sexual Assault

I am or have been a victim of assault / sexual assault. What resources are available?

You have the right to access assistance from a person in a position of responsibility. This includes a specialist officer, such as a medical doctor, social worker, padre, etc.
The following agencies may also be able to help you:

DND/CF 1-800 Help Line for Harassment/Sexual Assault 1-800-290-1019
Canadian Forces Member Assistance Program (CFMAP) 1-800-268-7708
Employee Assistance Program (EAP) 1-800-268-7708
You can file a complaint with the Military Police, the National Investigation Service (CFNIS) and/or the civilian police. We can try to help you determine which are the appropriate authorities to contact.

The Military Police has a Victim Assistance Program to make sure victims receive fair treatment during the course of an investigation. They should provide referrals to support agencies, immediate information and continuous contact with the victim throughout the investigation.
Please note that the Ombudsman cannot investigate allegations of criminal activity (see section 15 of the Ombudsman’s mandate).

Pensions

I am having difficulty obtaining information about my pension benefits and entitlements. What can I do?

Current and former members can call Director Accounts Processing, Pay and Pensions (DAPPP) toll-free at 1-800-267-0325 for answers regarding their pension. You might also wish to forward your concerns to them in writing.

Find information about pension benefits here.

I have concerns about matters that fall under the Pension Benefits Division Act and benefits that are payable under the Canadian Forces Superannuation Act such as Indexing and the Survivor Benefits. Can your Office intervene?

The Ombudsman’s Office does not have jurisdiction over issues relating to the Pension Benefits Division Act or the Canadian Forces Superannuation Act. These are pieces of federal legislation, which are amended through Parliament.

You can submit your concerns to your Member of Parliament.

You could also pursue this matter through the court system.

Should this issue become widespread (systemic), the Ombudsman’s Office may forward a recommendation to the appropriate authorities.

Medical Pension

I applied for a disability pension from the Department of Veterans Affairs for an injury attributable to my military service. My claim was denied. Can I appeal the decision?

Concerns regarding Veterans Affairs Canada (VAC) pensions should be made directly to your local VAC office by calling 1-800-563-3470. The telephone number is also in the blue pages of your local directory. (See section 16 of the Ombudsman’s mandate.)

If your claim is not approved and you do not agree with the decision, you can request a departmental review or a review hearing before the Veteran Review and Appeal Board.

The Bureau of Pension Advocates provides free legal assistance to any person who wants to appeal a decision before a review or appeal panel. You can also request the assistance of the Legion.

The Centre for the Support of Injured and Retired Members and Their Families (The Centre) can also assist members experiencing difficulties obtaining VAC medical pensions due to problems with medical records, or for any other reason. They can be reached by calling 1-800-883-6094.

Post-traumatic Stress Disorder

I feel that I have a health problem that may have been a result of my deployment. I am not sure what is wrong. What can I do?

If you are a serving member, you can request a referral to one of the Post-Deployment Clinics by contacting your local medical facilities.

If you are a retired service member, you can request a referral to a Post-Deployment Clinic through a Pension Officer of Veterans Affairs Canada with the recommendation of a District VAC Medical Officer.

If you have any questions or concerns regarding the Post-Deployment Clinics, please feel free to contact The Centre. The Centre is qualified to assist with these types of concerns. You can reach The Centre by calling their toll-free number: 1-800-883-6094.

Serving and retired service members and their families who have concerns that affect their personal well-being and/or work performance can also contact the Canadian Forces Member Assistance Program (CFMAP) at 1-800-268-7708.

Quality of Life Issues

I feel my situation is a Quality of Life (QOL) issue. What should I do?

You can go to the QOL Web site and complete the QOL electronic Information Form outlining your concerns and submit it to QOL for review.

Service Income Security Insurance Plan (SISIP)

Can I appeal the decision of the insurer?

If your SISIP claim is not approved and you do not agree with the decision, there are two levels of appeal available:

Level one: You can request that the Maritime Life Assurance Company review your appeal. You should write to:

Maritime Life Assurance Company
ATT: SISIP Services
2701 Dutch Village Road
Halifax NS B3L 4G2

Level two: If you wish to proceed to the second level in the appeal process, you can request that the President SISIP review your claim. You should write to:

President SISIP
National Defence Headquarters
Major General Pearkes Building
Ottawa ON K1A 0K2

Health Insurance Plan

Can I appeal the decision of the insurer?

If your claim is not approved and you do not agree with the decision, you can request that your claim be reviewed by the Public Service Health Care Plan Trust. You should write to:

Public Service Health Care Plan Trust
P.O. Box 1328
Station B
59 Sparks Street
Ottawa ON K1P 5R4

Last modified: 2005-12-15

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