Annex 3 - Ministerial Direction - Third Independent Review

Preamble

Section 273.601 of the National Defence Act requires the Minister to cause an independent review of the following provisions, and their operation, to be undertaken:

1. sections 18.3 to 18.6;
2. sections 29 to 29.28;
3. Parts III and IV;
4. sections 251, 251.2, 256, 270, 272, 273 to 273.5 and 302.

This will be the first independent review to be conducted pursuant to this provision.

As with the second independent review, which was conducted pursuant to Section 96 of Statutes of Canada 1998, c.35, an effective review of statutory and regulatory provisions, and administrative policies and practices, may best be accomplished in circumstances where those statutory and regulatory provisions, and administrative policies and practices have been implemented, and there is an adequate operational record upon which to ground a review.

An Act to amend the National Defence Act and to make related and consequential amendments to other Acts ("the Act"), formerly Bill C-77, will make several changes to the Code of Service Discipline, set out at Part III of the National Defence Act.

Bill C-77 received Royal Assent on June 21, 2019. Some provisions of the Act came into force upon Royal Assent.

The remaining provisions of the Act will come into force at a later date along with a large number of amendments to the Queen's Regulations and Orders for the Canadian Forces.

In order to maximize the utility of the third independent review, the review might most effectively be accomplished by focusing on the statutory and regulatory provisions, and administrative policies and practices that have been implemented, and have an adequate operational record upon which to ground a review.

Appointment and scope of the review

1. Pursuant to section 4 and section 273.601 of the National Defence Act (NDA), I hereby establish an external authority, to be known as the NDA section 273.601 Independent Review Authority (hereinafter the "Third Independent Review Authority"), and I appoint the Honourable Morris J. Fish, residing at Montreal, Quebec, as the Third Independent Review Authority.
2. The Third Independent Review Authority is to conduct an independent review pursuant to section 273.601 of the NDA and report the outcomes of this review directly to the Minister of National Defence. The provisions subject to review are enumerated in subsection 273.601(1) of the NDA.

Authority and obligations

3. The Third Independent Review Authority may:
   1. sit at such time and at such place in Canada as the Third Independent Review Authority may from time to time decide; and
   2. adopt such procedures and methods as it considers expedient for the proper discharge of the mandate.
4. The Third Independent Review Authority is granted, subject to the requirements and limitations of applicable laws and regulations, complete access to:
   1. the employees of the Department of National Defence;
   2. the officers and non-commissioned members of the Canadian Armed Forces;
   3. the members and staff of the Military Grievances External Review Committee;
   4. the members and staff of the Military Police Complaints Commission;
   5. the Ombudsman for the Department of National Defence and the Canadian Armed Forces and staff; and
   6. any information held by the Department of National Defence and the Canadian Armed Forces relevant to the review.
5. The Third Independent Review Authority shall be provided with or may engage the services of such staff and other advisors as it considers necessary to aid and assist in the review, at such rates of remuneration as may be approved pursuant to applicable Government of Canada regulations and policies.
6. The Third Independent Review Authority shall:
   1. Provide a final report of their review in both official languages to the Minister of National Defence. The report must be suitable for release to the public, and therefore must not include information properly subject to security and other relevant restrictions, including those imposed by laws and regulations governing information related to national defence and national security and to privacy, confidentiality and solicitor-client privilege;
   2. provide a final report that includes the methodology of their review, their findings, analyses, limitations, and recommendations; and
   3. deposit records and papers with the Office of the Minister of National Defence as soon as is reasonably possible after the filing of the final report.

Signed at Ottawa, Ontario, this 05 day of 11 2020

The Honourable Harjit Sajjan
Minister of National Defence