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

Full Document:  

Act current to 2022-06-01 and last amended on 2019-08-01. Previous Versions

PART IVComplaints About or by Military Police (continued)

DIVISION 2Complaints (continued)

SUBDIVISION 1Right to Complain (continued)

Record of Complaints

Marginal note:Record of complaints

 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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 107(F)

Subdivision 2

Disposal of Conduct Complaints

Marginal note:Provost Marshal responsible

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 107(F)

Marginal note:Deadline for resolving or disposing of complaint

 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.

  • 2013, c. 24, s. 83

Marginal note:Informal resolution

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 84(F), 107(F), 108(F)

Marginal note:Duty to investigate

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 85(F), 107(F)

Marginal note:Report on investigation

 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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 86(F)

Marginal note:Status reports

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 87(F), 108(F)
Review by Complaints Commission

Marginal note:Reference to Complaints Commission

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 107(F)

Marginal note:Review by Chairperson

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 107(F)

Marginal note:Status reports

  •  (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.

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

SUBDIVISION 3Disposal of Interference Complaints

Marginal note:Responsibility

  •  (1) The Chairperson is responsible for dealing with interference complaints.

  • Marginal note:Investigation may be by Provost Marshal

    (2) If the Chairperson considers it appropriate to do so, the Chairperson may ask the Provost Marshal to investigate an interference complaint.

  • Marginal note:Reasons for refusal

    (3) If the Provost Marshal does not consent to investigate, the Provost Marshal shall notify the Chairperson in writing of the reason why the consent was not given.

  • 1998, c. 35, s. 82
  • 2013, c. 24, s. 107(F)

Marginal note:Duty to investigate

  •  (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.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 88(F), 107(F)

Marginal note:Report on investigation

 On the completion of an investigation into an interference complaint, the Chairperson shall prepare and send a report setting out a summary of the complaint and the Chairperson’s findings and recommendations to

  • (a) the Minister;

  • (b) the Chief of the Defence Staff, in the case of a complaint against an officer or a non-commissioned member;

  • (c) the Deputy Minister, in the case of a complaint against a senior official of the Department;

  • (d) the Judge Advocate General; and

  • (e) the Provost Marshal.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 89(F), 107(F)

Marginal note:Status reports

  •  (1) Within sixty days after being notified of an interference complaint, the Chairperson shall, if the complaint has not been resolved, disposed of or otherwise dealt with before that time, and then each thirty days afterwards until the complaint is dealt with, send a report on the status of the complaint to

    • (a) the complainant;

    • (b) the person who is the subject of the complaint;

    • (c) the Judge Advocate General; and

    • (d) the Provost Marshal.

  • Marginal note:Six-month report

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

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 107(F), 108(F)

DIVISION 3Investigations and Hearings by Complaints Commission

Marginal note:Public interest

  •  (1) If at any time the Chairperson considers it advisable in the public interest, the Chairperson may cause the Complaints Commission to conduct an investigation and, if warranted, to hold a hearing into a conduct complaint or an interference complaint.

  • Marginal note:Withdrawn complaint

    (2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn.

  • Marginal note:Notice

    (3) If the Chairperson decides to cause an investigation to be held, the Chairperson shall send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal.

  • Marginal note:Exception

    (4) No notice shall be sent to the person who is the subject of the complaint if, in the Chairperson’s opinion, sending the notice might adversely affect or hinder any investigation under this Act.

  • Marginal note:Duties suspended

    (5) If the Chairperson acts in respect of a conduct complaint under subsection (1), the Provost Marshal is not required to investigate, report on or otherwise deal with the complaint until the Provost Marshal receives a report under section 250.53 with respect to the complaint.

  • 1998, c. 35, s. 82
  • 2013, c. 24, ss. 90(F), 107(F), 108(F)
 
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