National Defence Act

Marginal note:Duty to investigate

• 250.35 (1) The Chairperson or the Provost Marshal, as the case may be, shall investigate an interference complaint as soon as practicable.

• Marginal note:Right to refuse or end investigation

  (2) The Chairperson may direct that no investigation of an interference complaint be started or that an investigation be ended if, in the Chairperson’s opinion,

  • (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 the Chairperson makes a direction, the Chairperson shall send to the complainant, the person who is the subject of the complaint, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a notice in writing setting out the direction and the reasons why it was made.