National Defence Act

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.