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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Duty to investigate
  •  (1) The Chairperson or the Provost Marshal, as the case may be, shall investigate an interference complaint as soon as practicable.

  • Marginal note:Right to refuse or end investigation

    (2) The Chairperson may direct that no investigation of an interference complaint be started or that an investigation be ended if, in the Chairperson’s opinion,

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

    • (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; or

    • (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.

  • Marginal note:Notice

    (3) If the Chairperson makes a direction, the Chairperson shall send to the complainant, the person who is the subject of the complaint, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a notice in writing setting out the direction and the reasons why it was made.

  • 1998, c. 35, s. 82.
Marginal note:Report on investigation

 On the completion of an investigation into an interference complaint, the Chairperson shall prepare and send a report setting out a summary of the complaint and the Chairperson’s findings and recommendations to

  • (a) the Minister;

  • (b) the Chief of the Defence Staff, in the case of a complaint against an officer or a non-commissioned member;

  • (c) the Deputy Minister, in the case of a complaint against a senior official of the Department;

  • (d) the Judge Advocate General; and

  • (e) the Provost Marshal.

  • 1998, c. 35, s. 82.
Marginal note:Status reports
  •  (1) Within sixty days after being notified of an interference complaint, the Chairperson shall, if the complaint has not been resolved, disposed of or otherwise dealt with before that time, and then each thirty days afterwards until the complaint is dealt with, send a report on the status of the complaint to

    • (a) the complainant;

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

    • (c) the Judge Advocate General; and

    • (d) the Provost Marshal.

  • Marginal note:Six-month report

    (2) If a complaint has not been dealt with 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 complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act.

  • 1998, c. 35, s. 82.