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

Act current to 2014-08-05 and last amended on 2014-06-19. Previous Versions

Marginal note:Report on investigation

 On the completion of an investigation into a conduct complaint, the Provost Marshal shall send to the complainant, the person who is the subject of the complaint and the Chairperson a report setting out

  • (a) a summary of the complaint;

  • (b) the findings of the investigation;

  • (c) a summary of any action that has been or will be taken with respect to disposition of the complaint; and

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

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 86(F).
Marginal note:Status reports
  •  (1) Within sixty days after receiving or being notified of a conduct complaint, the Provost Marshal shall, if the complaint has not been resolved or disposed of before that time, and then each thirty days afterwards until the complaint is dealt with, send to the following persons a report on the status of the complaint:

    • (a) the complainant;

    • (b) the person who is the subject of the complaint; and

    • (c) the Chairperson.

  • Marginal note:Six-month report

    (2) If a conduct complaint has not been resolved or disposed of within six months, the Provost Marshal 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 opinion of the Provost Marshal, sending the report might adversely affect or hinder any investigation under this Act.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, ss. 87(F), 108(F).

Review by Complaints Commission

Marginal note:Reference to Complaints Commission
  •  (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.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 107(F).