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

Act current to 2016-06-06 and last amended on 2015-06-01. Previous Versions

Chairperson

Marginal note:Chief executive officer
  •  (1) The Chairperson is the chief executive officer of the Complaints Commission and has supervision over and direction of its work and staff.

  • Marginal note:Absence or incapacity

    (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize any member of the Complaints Commission to exercise the powers and perform the duties and functions of the Chairperson.

  • Marginal note:Delegation

    (3) The Chairperson may delegate to a member of the Complaints Commission any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 250.17(1).

  • 1998, c. 35, s. 82.

Head Office

Marginal note:Head Office

 The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council.

  • 1998, c. 35, s. 82.

Staff

Marginal note:Staff
  •  (1) The employees that are necessary for the proper conduct of the work of the Complaints Commission shall be appointed in accordance with the Public Service Employment Act.

  • Marginal note:Experts

    (2) The Complaints Commission may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Complaints Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

  • 1998, c. 35, s. 82.

Duty to Act Expeditiously

Marginal note:Duty to act expeditiously

 The Complaints Commission shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit.

  • 1998, c. 35, s. 82.

Rules

Marginal note:Rules

 The Chairperson may make rules respecting

  • (a) the manner of dealing with matters and business before the Complaints Commission, including the conduct of investigations and hearings by the Complaints Commission;

  • (b) the apportionment of the work of the Complaints Commission among its members and the assignment of members to review complaints; and

  • (c) the performance of the duties and functions of the Complaints Commission.

  • 1998, c. 35, s. 82.

Immunity

Marginal note:Protection of members

 No criminal or civil proceedings lie against any member of the Complaints Commission, or against any person acting on behalf of the Complaints Commission, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Complaints Commission.

  • 1998, c. 35, s. 82.

Annual Report

Marginal note:Annual Report
  •  (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the Complaints Commission’s activities during that year and its recommendations, if any.

  • Marginal note:Tabling in Parliament

    (2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

  • 1998, c. 35, s. 82.

DIVISION 2Complaints

SUBDIVISION 1Right to Complain

Conduct Complaints

Marginal note:Complaints about military police
  •  (1) Any person, including any officer or non-commissioned member, may make a complaint under this Division about the conduct of a member of the military police in the performance of any of the policing duties or functions that are prescribed for the purposes of this section in regulations made by the Governor in Council.

  • Marginal note:Complainant need not be affected

    (2) A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint.

  • Marginal note:No penalty for complaint

    (3) A person may not be penalized for exercising the right to make a conduct complaint so long as the complaint is made in good faith.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 78.

Interference Complaints

Marginal note:Complaints by military police
  •  (1) Any member of the military police who conducts or supervises a military police investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department has improperly interfered with the investigation may make a complaint about that person under this Division.

  • Marginal note:Improper interference

    (2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority.

  • Marginal note:No penalty for complaint

    (3) A person may not be penalized for exercising the right to make an interference complaint so long as the complaint is made in good faith.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 79.

Time Limit

Marginal note:Time limit

 No complaint may be made more than one year after the event giving rise to the complaint unless the Chairperson, at the request of the complainant, decides that it is reasonable in the circumstances to extend the time.

  • 1998, c. 35, s. 82.

To Whom Complaint May be Made

Marginal note:To whom complaint may be made
  •  (1) A conduct complaint or an interference complaint may be made, either orally or in writing, to the Chairperson, the Judge Advocate General or the Provost Marshal. A conduct complaint may also be made to any member of the military police.

  • Marginal note:Acknowledgement and notice of complaint

    (2) The person who receives a complaint shall

    • (a) if the complaint is not in writing, put it in writing;

    • (b) ensure that an acknowledgement of its receipt is sent as soon as practicable to the complainant; and

    • (c) ensure that notice of the complaint is sent as soon as practicable

      • (i) in the case of a conduct complaint, to the Chairperson and the Provost Marshal,

      • (ii) in the case of an interference complaint concerning an officer or a non-commissioned member, to the Chairperson, the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and

      • (iii) in the case of an interference complaint concerning a senior official of the Department, to the Chairperson, the Deputy Minister, the Judge Advocate General and the Provost Marshal.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, ss. 80(F), 107(F).
Marginal note:Notice to subject of conduct complaint

 As soon as practicable after receiving or being notified of a conduct complaint, the Provost Marshal shall send a written notice of the substance of the complaint to the person whose conduct is the subject of the complaint unless, in the Provost Marshal’s opinion, to do so might adversely affect or hinder any investigation under this Act.

  • 1998, c. 35, s. 82;
  • 2013, c. 24, s. 81(F).
Marginal note:Notice to subject of interference complaint

 As soon as practicable after receiving or being notified of an interference complaint, the Chairperson shall send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Chairperson’s opinion, to do so might adversely affect or hinder any investigation under this Act.

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

Withdrawal of Complaint

Marginal note:Withdrawal
  •  (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson.

  • Marginal note:Notice of withdrawal

    (2) The Chairperson shall send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint.

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