National Defence Act
163 (1) A superior commander, commanding officer or delegated officer may conduct a hearing in respect of a charge alleging the commission of a service infraction if all of the following conditions are satisfied:
(a) the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member;
(b) having regard to the gravity of the facts that gave rise to the charge, the powers of the superior commander, commanding officer or delegated officer to impose a sanction are adequate;
(c) there are no reasonable grounds to believe that the person charged is unable on account of mental disorder to understand the nature, object or possible consequences of the proceedings; and
(d) having regard to the interests of discipline, efficiency and morale of the Canadian Forces, it would be appropriate to conduct the hearing.
Marginal note:Prohibition on conducting hearing
(2) A superior commander, commanding officer or delegated officer may not conduct a hearing if he or she
(a) carried out or directly supervised the investigation of the service infraction;
(b) issued a warrant under section 273.3 in relation to anything referred to in any of paragraphs 273.3(a) to (c) that relates to the service infraction; or
(c) laid the charge or caused it to be laid.
However, he or she may conduct such a hearing if, having regard to all the circumstances, it is not practicable for any other superior commander, commanding officer or delegated officer to conduct the hearing.
- R.S., 1985, c. N-5, s. 163
- R.S., 1985, c. 31 (1st Supp.), ss. 53, 60
- 1991, c. 43, s. 14
- 1998, c. 35, s. 42
- 2008, c. 29, s. 4
- 2013, c. 24, s. 35
- 2019, c. 15, s. 25
- Date modified: