National Defence Act (R.S.C., 1985, c. N-5)

Marginal note:Reference to Complaints Commission

• 250.31 (1) A complainant who is dissatisfied with a direction under subsection 250.27(4) or 250.28(2) in respect of a conduct complaint or the disposition of a conduct complaint as set out in a report under section 250.29 may refer the complaint in writing to the Complaints Commission for review.

• Marginal note:Information to be provided

  (2) If a complainant refers a complaint to the Complaints Commission under subsection (1),

  • (a) the Chairperson shall send to the Provost Marshal a copy of the complaint; and

  • (b) the Provost Marshal shall provide the Chairperson with a copy of the notice sent under subsection 250.27(5) or 250.28(3), or of the report sent under section 250.29, in respect of the complaint and all information and materials relevant to the complaint.

Marginal note:Review by Chairperson

• 250.32 (1) The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request.

• Marginal note:Chairperson may investigate

  (2) In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint.

• Marginal note:Report

  (3) At the completion of the review, the Chairperson shall send a report to the Minister, the Chief of the Defence Staff and the Provost Marshal setting out the Chairperson’s findings and recommendations with respect to the complaint.

Marginal note:Status reports

• 250.33 (1) Within sixty days after a complaint is referred to the Commission for a review, the Chairperson shall, if the review has not been completed, and then each thirty days afterwards until it is completed, send a report on the status of the complaint to the complainant and the person who is the subject of the complaint.

• Marginal note:Six-month report

  (2) If the review has not been completed within six months, the Chairperson shall in each report sent after that period explain why not.

• Marginal note:Exception

  (3) No report shall be sent to the person who is the subject of a conduct complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act.

Marginal note:Responsibility

• 250.34 (1) The Chairperson is responsible for dealing with interference complaints.

• Marginal note:Investigation may be by Provost Marshal

  (2) If the Chairperson considers it appropriate to do so, the Chairperson may ask the Provost Marshal to investigate an interference complaint.

• Marginal note:Reasons for refusal

  (3) If the Provost Marshal does not consent to investigate, the Provost Marshal shall notify the Chairperson in writing of the reason why the consent was not given.