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

Chairperson

Marginal note:Chief executive officer

• 250.11 (1) The Chairperson is the chief executive officer of the Complaints Commission and has supervision over and direction of its work and staff.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize any member of the Complaints Commission to exercise the powers and perform the duties and functions of the Chairperson.

• Marginal note:Delegation

  (3) The Chairperson may delegate to a member of the Complaints Commission any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 250.17(1).

Head Office

Marginal note:Head Office

250.12 The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council.

Staff

Marginal note:Staff

• 250.13 (1) The employees that are necessary for the proper conduct of the work of the Complaints Commission shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Experts

  (2) The Complaints Commission may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Complaints Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

Duty to Act Expeditiously

Marginal note:Duty to act expeditiously

250.14 The Complaints Commission shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

Rules

Marginal note:Rules

250.15 The Chairperson may make rules respecting

• (a) the manner of dealing with matters and business before the Complaints Commission, including the conduct of investigations and hearings by the Complaints Commission;

• (b) the apportionment of the work of the Complaints Commission among its members and the assignment of members to review complaints; and

• (c) the performance of the duties and functions of the Complaints Commission.

Immunity

Marginal note:Protection of members

250.16 No criminal or civil proceedings lie against any member of the Complaints Commission, or against any person acting on behalf of the Complaints Commission, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Complaints Commission.

Annual Report

Marginal note:Annual Report

• 250.17 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the Complaints Commission’s activities during that year and its recommendations, if any.

• Marginal note:Tabling in Parliament

  (2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

DIVISION 2Complaints

SUBDIVISION 1Right to Complain

Conduct Complaints

Marginal note:Complaints about military police

• 250.18 (1) Any person, including any officer or non-commissioned member, may make a complaint under this Division about the conduct of a member of the military police in the performance of any of the policing duties or functions that are prescribed for the purposes of this section in regulations made by the Governor in Council.

• Marginal note:Complainant need not be affected

  (2) A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint.

• Marginal note:No penalty for complaint

  (3) A person may not be penalized for exercising the right to make a conduct complaint so long as the complaint is made in good faith.

Interference Complaints

Marginal note:Complaints by military police

• 250.19 (1) Any member of the military police who conducts or supervises a military police investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department has improperly interfered with the investigation may make a complaint about that person under this Division.

• Marginal note:Improper interference

  (2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority.

• Marginal note:No penalty for complaint

  (3) A person may not be penalized for exercising the right to make an interference complaint so long as the complaint is made in good faith.

Time Limit

Marginal note:Time limit

250.2 No complaint may be made more than one year after the event giving rise to the complaint unless the Chairperson, at the request of the complainant, decides that it is reasonable in the circumstances to extend the time.

To Whom Complaint May be Made

Marginal note:To whom complaint may be made

• 250.21 (1) A conduct complaint or an interference complaint may be made, either orally or in writing, to the Chairperson, the Judge Advocate General or the Provost Marshal. A conduct complaint may also be made to any member of the military police.

• Marginal note:Acknowledgement and notice of complaint

  (2) The person who receives a complaint shall

  • (a) if the complaint is not in writing, put it in writing;

  • (b) ensure that an acknowledgement of its receipt is sent as soon as practicable to the complainant; and

  • (c) ensure that notice of the complaint is sent as soon as practicable

    • (i) in the case of a conduct complaint, to the Chairperson and the Provost Marshal,

    • (ii) in the case of an interference complaint concerning an officer or a non-commissioned member, to the Chairperson, the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and

    • (iii) in the case of an interference complaint concerning a senior official of the Department, to the Chairperson, the Deputy Minister, the Judge Advocate General and the Provost Marshal.

Marginal note:Notice to subject of conduct complaint

250.22 As soon as practicable after receiving or being notified of a conduct complaint, the Provost Marshal shall send a written notice of the substance of the complaint to the person whose conduct is the subject of the complaint unless, in the Provost Marshal’s opinion, to do so might adversely affect or hinder any investigation under this Act.

Marginal note:Notice to subject of interference complaint

250.23 As soon as practicable after receiving or being notified of an interference complaint, the Chairperson shall send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Chairperson’s opinion, to do so might adversely affect or hinder any investigation under this Act.

Withdrawal of Complaint

Marginal note:Withdrawal

• 250.24 (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson.

• Marginal note:Notice of withdrawal

  (2) The Chairperson shall send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint.

Record of Complaints

Marginal note:Record of complaints

250.25 The Provost Marshal shall establish and maintain a record of all complaints received under this Division and, on request, make available any information contained in that record to the Complaints Commission.

Subdivision 2

Disposal of Conduct Complaints

Marginal note:Provost Marshal responsible

• 250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints.

• Marginal note:Complaint about Provost Marshal

  (2) If a conduct complaint is about the conduct of the Provost Marshal, the Chief of the Defence Staff is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal under this Division.

Marginal note:Deadline for resolving or disposing of complaint

250.261 The Provost Marshal shall resolve or dispose of a conduct complaint — other than a complaint that results in an investigation of an alleged criminal or service offence — within one year after receiving or being notified of it.

Marginal note:Informal resolution

• 250.27 (1) On receiving or being notified of a conduct complaint, the Provost Marshal shall consider whether it can be disposed of informally and, with the consent of the complainant and the person who is the subject of the complaint, the Provost Marshal may attempt to resolve it informally.

• Marginal note:Restriction

  (2) Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council.

• Marginal note:Statements not admissible

  (3) No answer given or statement made by the complainant or the person who is the subject of the complaint in the course of attempting to resolve a complaint informally may be used in any disciplinary, criminal, civil or administrative proceedings, other than a hearing or proceeding in respect of an allegation that, with intent to mislead, the complainant or the person who is the subject of the complaint gave an answer or made a statement knowing it to be false.

• Marginal note:Right to refuse or end informal resolution

  (4) The Provost Marshal may direct that no attempt at informal resolution be started or that an attempt be ended if, in the opinion of the Provost Marshal,

  • (a) the complaint is frivolous, vexatious or made in bad faith; or

  • (b) the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament.

• Marginal note:Notice

  (5) If a direction is made under subsection (4), the Provost Marshal shall send to the complainant and the person who is the subject of the complaint a notice in writing setting out

  • (a) the direction and the reasons why it was made; and

  • (b) the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the direction.

• Marginal note:Record of informal resolution

  (6) If a conduct complaint is resolved informally,

  • (a) the details of its resolution must be set out in writing;

  • (b) the complainant and the person who is the subject of the complaint must give their written agreement to the resolution of the complaint; and

  • (c) the Provost Marshal must notify the Chairperson of the resolution of the complaint.