Ex Gratia payment is defined as a benevolent payment made by the Crown. The payment is made in the public interest for loss or expenditure incurred where the Crown has no obligation of any kind or has no legal liability or where the claimant has no right of payment or is not entitled to relief in any form.
An ex gratia payment is used only when there is no other statutory, regulatory or policy vehicle to make the payment.
On June 13, 2012 the Treasury Board authorized the Chief of the Defence Staff [CDS] to make ex gratia payments within the Canadian Forces Grievance Process. [PC 2012-0861] The CDS may authorize an ex gratia payment to a person in respect of whom a final decision is made under the grievance process established under the NDA on the proviso that:
(a) the payment is in an amount that does not exceed $100,000;
(b) a legal opinion is received that states that there is no legal liability on the part of the Crown;
(c) there is no other mechanism by which the grievance can be remedied, including under existing laws, regulations, instructions, policies or programs; and
(d) the payment is not used to fill perceived gaps or to compensate for the apparent limitations in any act, order, regulation, instruction, policy, agreement or other government instrument.
Records recently released under the Access to Information (A-2016-00692) indicates that during the past two fiscal years (FY 2014-2015 and 2015-2016) the CDS authorized a single ex gratia payment. That payment was made on October 30, 2015 in the amount of $25,000.