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:Review — interference complaint
  •  (1) On receipt of a report under section 250.36, 250.39 or 250.48 in respect of an interference complaint, the complaint shall be reviewed in light of the findings and recommendations set out in the report by

    • (a) the Chief of the Defence Staff, if the person who is the subject of the complaint is an officer or a non-commissioned member; and

    • (b) the Deputy Minister, if the person who is the subject of the complaint is a senior official of the Department.

  • Marginal note:Exception

    (2) If the Chief of the Defence Staff or the Deputy Minister is the subject of the complaint, the review shall be conducted by the Minister.

  • 1998, c. 35, s. 82.
Marginal note:Notice of action
  •  (1) The person who reviews a report under section 250.49 or 250.5 shall notify in writing the Minister and the Chairperson of any action that has been or will be taken with respect to the complaint.

  • Marginal note:Reasons

    (2) If the person decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice.

  • 1998, c. 35, s. 82.
Marginal note:Notice of action
  •  (1) If the Minister reviews a report by reason of subsection 250.5(2), the Minister shall notify the Chairperson in writing of any action that has been or will be taken with respect to the complaint.

  • Marginal note:Reasons

    (2) If the Minister decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice.

  • 1998, c. 35, s. 82.
Marginal note:Final report by Chairperson
  •  (1) After receiving and considering a notice sent under section 250.51 or 250.52, the Chairperson shall prepare a final report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint.

  • Marginal note:Recipients of report

    (2) A copy of the final report shall be sent to the Minister, the Deputy Minister, the Chief of the Defence Staff, the Judge Advocate General, the Provost Marshal, the complainant, the person who is the subject of the complaint and all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint.

  • 1998, c. 35, s. 82.

PART VMISCELLANEOUS PROVISIONS HAVING GENERAL APPLICATION

Oaths

Marginal note:Oaths

 At summary trials and courts martial, and at proceedings before a board of inquiry or a commissioner taking evidence under this Act, an oath shall be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council:

  • (a) the officer presiding at the summary trial;

  • (b) the judge presiding at the court martial;

  • (c) each member of the panel of the court martial;

  • (d) each member of the board of inquiry;

  • (e) the commissioner;

  • (f) court reporters;

  • (g) interpreters; and

  • (h) subject to section 16 of the Canada Evidence Act, witnesses.

  • R.S., 1985, c. N-5, s. 251;
  • 1998, c. 35, s. 82.