Marginal note:Reference to ranks

249.26 Every reference in this Part to the rank of an officer or non-commissioned member includes a person who holds any equivalent relative rank, whether that person is attached, seconded or on loan to the Canadian Forces.

Marginal note:Definitions

250. The definitions in this section apply in this Part.

“Chairperson”

« président »

“Chairperson” means the Chairperson of the Complaints Commission.

“Complaints Commission”

« Commission »

“Complaints Commission” means the Military Police Complaints Commission established by subsection 250.1(1).

“conduct complaint”

« plainte pour inconduite »

“conduct complaint” means a complaint about the conduct of a member of the military police made under subsection 250.18(1).

“interference complaint”

« plainte pour ingérence »

“interference complaint” means a complaint about interference with a military police investigation made under subsection 250.19(1).

“military police”

« police militaire »

“military police” means the officers and non-commissioned members appointed under regulations for the purposes of section 156.

“Provost Marshal”

“Provost Marshal”[Repealed, 2007, c. 5, s. 10]

Marginal note:Commission established

• 250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council.

• Marginal note:Full- or part-time

  (2) Each member holds office as a full-time or a part-time member.

• Marginal note:Tenure of office and removal

  (3) Each member holds office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council for cause.

• Marginal note:Re-appointment

  (4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

• Marginal note:Duties of full-time members

  (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.

• Marginal note:Conflict of interest — part-time members

  (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.

• Marginal note:Eligibility

  (7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission.

• Marginal note:Remuneration

  (8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

• Marginal note:Travel and living expenses

  (9) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives.

• Marginal note:Status of members

  (10) The members are deemed

  • (a) to be employed in the public service for the purposes of the Public Service Superannuation Act;

  • (b) to be employees for the purposes of the Government Employees Compensation Act; and

  • (c) to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.

• Marginal note:Oath of office

  (11) Every member shall, before commencing the duties of office, take the following oath of office:

  I, ...................., do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.)