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

Act current to 2014-10-27 and last amended on 2014-08-18. Previous Versions

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;
  • 2013, c. 24, ss. 89(F), 107(F).
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;
  • 2013, c. 24, ss. 107(F), 108(F).

Division 3Investigations and Hearings by Complaints Commission

Marginal note:Public interest
  •  (1) If at any time the Chairperson considers it advisable in the public interest, the Chairperson may cause the Complaints Commission to conduct an investigation and, if warranted, to hold a hearing into a conduct complaint or an interference complaint.

  • Marginal note:Withdrawn complaint

    (2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn.

  • Marginal note:Notice

    (3) If the Chairperson decides to cause an investigation to be held, the Chairperson shall send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal.

  • Marginal note:Exception

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

  • Marginal note:Duties suspended

    (5) If the Chairperson acts in respect of a conduct complaint under subsection (1), the Provost Marshal is not required to investigate, report on or otherwise deal with the complaint until the Provost Marshal receives a report under section 250.53 with respect to the complaint.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, ss. 90(F), 107(F), 108(F).