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

Annual Report

Marginal note:Annual Report

• 250.17 (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.

DIVISION 2Complaints

SUBDIVISION 1Right to Complain

Conduct Complaints

Marginal note:Complaints about military police

• 250.18 (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.

Interference Complaints

Marginal note:Complaints by military police

• 250.19 (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.

Time Limit

Marginal note:Time limit

250.2 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.

To Whom Complaint May be Made

Marginal note:To whom complaint may be made

• 250.21 (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.

Marginal note:Notice to subject of conduct complaint

250.22 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.

Marginal note:Notice to subject of interference complaint

250.23 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.

Withdrawal of Complaint

Marginal note:Withdrawal

• 250.24 (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.

Record of Complaints

Marginal note:Record of complaints

250.25 The Provost Marshal shall establish and maintain a record of all complaints received under this Division and, on request, make available any information contained in that record to the Complaints Commission.

Subdivision 2

Disposal of Conduct Complaints

Marginal note:Provost Marshal responsible

• 250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints.

• Marginal note:Complaint about Provost Marshal

  (2) If a conduct complaint is about the conduct of the Provost Marshal, the Chief of the Defence Staff is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal under this Division.

Marginal note:Deadline for resolving or disposing of complaint

250.261 The Provost Marshal shall resolve or dispose of a conduct complaint — other than a complaint that results in an investigation of an alleged criminal or service offence — within one year after receiving or being notified of it.

Marginal note:Informal resolution

• 250.27 (1) On receiving or being notified of a conduct complaint, the Provost Marshal shall consider whether it can be disposed of informally and, with the consent of the complainant and the person who is the subject of the complaint, the Provost Marshal may attempt to resolve it informally.

• Marginal note:Restriction

  (2) Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council.

• Marginal note:Statements not admissible

  (3) No answer given or statement made by the complainant or the person who is the subject of the complaint in the course of attempting to resolve a complaint informally may be used in any disciplinary, criminal, civil or administrative proceedings, other than a hearing or proceeding in respect of an allegation that, with intent to mislead, the complainant or the person who is the subject of the complaint gave an answer or made a statement knowing it to be false.

• Marginal note:Right to refuse or end informal resolution

  (4) The Provost Marshal may direct that no attempt at informal resolution be started or that an attempt be ended if, in the opinion of the Provost Marshal,

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

  • (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.

• Marginal note:Notice

  (5) If a direction is made under subsection (4), the Provost Marshal shall send to the complainant and the person who is the subject of the complaint a notice in writing setting out

  • (a) the direction and the reasons why it was made; and

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

• Marginal note:Record of informal resolution

  (6) If a conduct complaint is resolved informally,

  • (a) the details of its resolution must be set out in writing;

  • (b) the complainant and the person who is the subject of the complaint must give their written agreement to the resolution of the complaint; and

  • (c) the Provost Marshal must notify the Chairperson of the resolution of the complaint.

Marginal note:Duty to investigate

• 250.28 (1) Subject to any attempts at informal resolution, the Provost Marshal shall investigate a conduct complaint as soon as practicable.

• Marginal note:Right to refuse or end investigation

  (2) The Provost Marshal may direct that no investigation of a conduct complaint be started or that an investigation be ended if, in the opinion of the Provost Marshal,

  • (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 a direction is made under subsection (2), the Provost Marshal shall send to the complainant and, if the person who is the subject of the complaint was notified of the complaint under section 250.22, to that person, a notice in writing setting out

  • (a) the direction and the reasons why it was made; and

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

Marginal note:Report on investigation

250.29 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.

Marginal note:Status reports

• 250.3 (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.

Review by Complaints Commission

Marginal note:Reference to Complaints Commission

• 250.31 (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.

Marginal note:Review by Chairperson

• 250.32 (1) The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request.

• Marginal note:Chairperson may investigate

  (2) In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint.

• Marginal note:Report

  (3) At the completion of the review, the Chairperson shall send a report to the Minister, the Chief of the Defence Staff and the Provost Marshal setting out the Chairperson’s findings and recommendations with respect to the complaint.

Marginal note:Status reports

• 250.33 (1) Within sixty days after a complaint is referred to the Commission for a review, the Chairperson shall, if the review has not been completed, and then each thirty days afterwards until it is completed, send a report on the status of the complaint to the complainant and the person who is the subject of the complaint.

• Marginal note:Six-month report

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