National Defence Act

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.