GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 248.81
Breach of undertaking 248.81 (1) Where, on application by counsel for the Canadian Forces, an authority referred to in subsection (2) is satisfied, on cause being shown, that an undertaking given by a person under section 248.5 has been breached or is likely to be breached, that authority may (a) cancel the direction that authorized the person to be released and direct that the person be detained in custody; or (b) direct that the person may remain at liberty on his giving a new undertaking in accordance with section 248.5. Determination of authority (2) The authority to whom an application under subsection (1) may be made is (a) where the undertaking was given in respect of a direction made pursuant to an application under section 248.1, a military judge; or (b) subject to subsection (3), where the undertaking was given in respect of a direction made pursuant to an application under section 248.2, a judge of the Court Martial Appeal Court. (c) [Repealed, 1998, c. 35, s. 79] Exception (3) In the circumstances provided for in regulations made by the Governor in Council, the authority to whom an application under subsection (1) may be made in respect of a direction made pursuant to an application under section 248.2 is a military judge. Right to make representations (4) The person referred to in subsection (1) has the right to be present at the hearing of the application referred to in that subsection and the right to make representations at that hearing. R.S., 1985, c. 31 (1st Supp.), s. 57; 1993, c. 34, s. 95(F); 1998, c. 35, s. 79
National Defence Act — N-5 248.82
Rules 248.82 The Chief Justice of the Court Martial Appeal Court, with the approval of the Governor in Council, may make rules respecting applications under sections 248.2, 248.8 and 248.81. R.S., 1985, c. 31 (1st Supp.), s. 57
National Defence Act — N-5 248.9
Appeal to CMAC 248.9 (1) The following persons, namely, (a) a person whose application to be released from detention or imprisonment pursuant to this Division is refused, and (b) a person who is the subject of an order under section 248.81 may appeal that decision or order to the Court Martial Appeal Court. Idem (2) The Canadian Forces may appeal any direction under this Division that a person be released from detention or imprisonment or any order under section 248.81. Grounds may be considered (3) When hearing an appeal under this section, the Court Martial Appeal Court may, in all cases where an appeal has been filed, take into consideration the grounds of appeal. Application of provisions (4) The provisions of this Division apply, with such modifications as the circumstances require, to any appeal under this section. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, ss. 80, 92
National Defence Act — N-5 248.91
Surrender into custody 248.91 A person released pending appeal under this Division may surrender himself or herself into custody at any time to serve a sentence of detention or imprisonment imposed on the person. 1998, c. 35, s. 81
National Defence Act — N-5 249
Right to petition on new evidence 249 (1) Every person who has been tried and found guilty by a court martial has a right, on grounds of new evidence discovered subsequent to the trial, to petition the Minister for a new trial. Reference to CMAC for determination (2) The Minister may refer a petition to the Court Martial Appeal Court for a hearing and determination by that Court as if it were an appeal by the petitioner. Reference to CMAC for opinion (3) The Minister may refer a petition or any question relating to a petition to the Court Martial Appeal Court for its opinion, and that Court shall furnish its opinion accordingly. New trial (4) If the Minister is of the opinion that a petition should be granted, the Minister may order a new trial and the petitioner may be tried again as if no trial had been held. R.S., 1985, c. N-5, s. 249; 1998, c. 35, s. 82 2019, c. 15, s. 41
National Defence Act — N-5 249.1
Royal prerogative 249.1 Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy. 1998, c. 35, s. 82 2019, c. 15, s. 41
National Defence Act — N-5 249.17
Right to be represented 249.17 A person who is liable to be charged, dealt with and tried under the Code of Service Discipline has the right to be represented in the circumstances and in the manner prescribed in regulations made by the Governor in Council. 1998, c. 35, s. 82
National Defence Act — N-5 249.18
Appointment 249.18 (1) The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Defence Counsel Services. Tenure of office (2) The Director of Defence Counsel Services holds office during good behaviour for a term of not more than four years. The Minister may remove the Director of Defence Counsel Services from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council. Powers of inquiry committee (2.1) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Re-appointment (3) The Director of Defence Counsel Services is eligible to be re-appointed on the expiration of a first or subsequent term of office. 1998, c. 35, s. 82; 2013, c. 24, s. 71
National Defence Act — N-5 249.19
Duties and functions 249.19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline. 1998, c. 35, s. 82
National Defence Act — N-5 249.2
Relationship to Judge Advocate General 249.2 (1) The Director of Defence Counsel Services acts under the general supervision of the Judge Advocate General. General instructions (2) The Judge Advocate General may issue general instructions or guidelines in writing in respect of defence counsel services. Instructions must be public (3) The Director of Defence Counsel Services shall ensure that the general instructions and guidelines are available to the public. 1998, c. 35, s. 82
National Defence Act — N-5 249.21
Barristers and advocates to assist 249.21 (1) The Director of Defence Counsel Services may be assisted by persons who are barristers or advocates with standing at the bar of a province. Counsel (2) The Director of Defence Counsel Services may engage on a temporary basis the services of counsel to assist the Director of Defence Counsel Services. Remuneration (3) The Director of Defence Counsel Services may, subject to any applicable Treasury Board directives, establish the terms and conditions of engagement and fix the remuneration and expenses of counsel engaged under subsection (2). 1998, c. 35, s. 82; 2013, c. 24, s. 72(F)
National Defence Act — N-5 249.22
Summonses to witnesses 249.22 (1) Every person required to give evidence before a court martial may be summoned by a military judge, the Court Martial Administrator or the court martial. Summonses to witnesses (2) Every person required to give evidence before a commissioner taking evidence under this Act may be summoned by a military judge, the Court Martial Administrator or the commissioner. Production of documents (3) A person summoned under this section may be required to bring and produce at the court martial or before the commissioner taking evidence under this Act any documents in the possession or under the control of the person that relate to the matters in issue. 1998, c. 35, s. 82
National Defence Act — N-5 249.23
Non-appearance of accused 249.23 Where an accused person has been duly summoned or ordered to appear before a court martial, the court martial may issue a warrant in the form prescribed in regulations made by the Governor in Council for the arrest of the accused person if the accused person (a) fails to appear as summoned or ordered; or (b) having appeared before the court martial, fails to attend before the court martial as required. 1998, c. 35, s. 82
National Defence Act — N-5 249.24
Force and effect 249.24 If a new punishment is substituted for a punishment imposed by a court martial, the new punishment has force and effect as if it had been imposed by the court martial in the first instance and the provisions of the Code of Service Discipline apply accordingly. However, if the new punishment involves incarceration, the term of the new punishment is to be reckoned from the date of substitution. 1998, c. 35, s. 82 2019, c. 15, s. 42
National Defence Act — N-5 249.25
Restitution of property 249.25 (1) A court martial that finds a person guilty of an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled. Restitution where no conviction, but offence committed (2) Where an accused person is tried for an offence but is not convicted and it appears to the court martial that an offence has been committed, the court martial may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled. Exceptions (3) An order shall not be made in respect of (a) property to which an innocent purchaser for value has acquired lawful title; (b) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or (c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed. Execution of order for restitution (4) An order made under this section shall be executed by the persons by whom the process of the court martial is ordinarily executed. 1998, c. 35, s. 82; 2013, c. 24, s. 74 2019, c. 15, s. 46 2019, c. 15, s. 63
National Defence Act — N-5 249.26
Reference to ranks 249.26 Every reference in this Part to the rank of an officer or non-commissioned member includes a person who holds any equivalent relative rank, whether that person is attached, seconded or on loan to the Canadian Forces. 1998, c. 35, s. 82
National Defence Act — N-5 249.27
Convictions for certain offences 249.27 (1) A person who is convicted of any of the following offences, or who has been convicted of any of them before the coming into force of this section, has not been convicted of a criminal offence: (a) an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments: (i) a severe reprimand, (ii) a reprimand, (iii) a fine not exceeding basic pay for one month, or (iv) a minor punishment; (b) an offence under section 130 that constitutes a contravention within the meaning of the Contraventions Act . Criminal Records Act (2) An offence referred to in paragraph (1)(a) or (b) does not constitute an offence for the purposes of the Criminal Records Act . 2013, c. 24, s. 75 2019, c. 15, s. 63
National Defence Act — N-5 250
Definitions 250 The definitions in this section apply in this Part. Chairperson means the Chairperson of the Complaints Commission. ( président ) Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1). ( Commission ) conduct complaint means a complaint about the conduct of a member of the military police made under subsection 250.18(1). ( plainte pour inconduite ) interference complaint means a complaint about interference with a military police investigation made under subsection 250.19(1). ( plainte pour ingérence ) military police [Repealed, 2013, c. 24, s. 76] Provost Marshal [Repealed, 2007, c. 5, s. 10] R.S., 1985, c. N-5, s. 250; 1998, c. 35, s. 82; 2007, c. 5, s. 10; 2013, c. 24, s. 76
National Defence Act — N-5
Chairperson means the Chairperson of the Complaints Commission. ( président )
National Defence Act — N-5
Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1). ( Commission )
National Defence Act — N-5
conduct complaint means a complaint about the conduct of a member of the military police made under subsection 250.18(1). ( plainte pour inconduite )
National Defence Act — N-5
interference complaint means a complaint about interference with a military police investigation made under subsection 250.19(1). ( plainte pour ingérence )
National Defence Act — N-5
military police [Repealed, 2013, c. 24, s. 76]
National Defence Act — N-5
Provost Marshal [Repealed, 2007, c. 5, s. 10]
National Defence Act — N-5 250.1
Commission established 250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council. Full- or part-time (2) Each member holds office as a full-time or a part-time member. Tenure of office and removal (3) Each member holds office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council for cause. Re-appointment (4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office. Duties of full-time members (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act. Conflict of interest — part-time members (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act. Eligibility (7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission. Remuneration (8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council. Travel and living expenses (9) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives. Status of members (10) The members are deemed (a) to be employed in the public service for the purposes of the Public Service Superannuation Act ; (b) to be employees for the purposes of the Government Employees Compensation Act ; and (c) to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act . Oath of office (11) Every member shall, before commencing the duties of office, take the following oath of office: I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act , and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. ( And in the case of an oath : So help me God.) 1998, c. 35, s. 82; 2003, c. 22, ss. 224(E), 225(E); 2010, c. 12, s. 1755; 2013, c. 24, s. 77(F)
National Defence Act — N-5
I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act , and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. ( And in the case of an oath : So help me God.)
National Defence Act — N-5 250.11
Chief executive officer 250.11 (1) The Chairperson is the chief executive officer of the Complaints Commission and has supervision over and direction of its work and staff. Absence or incapacity (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize any member of the Complaints Commission to exercise the powers and perform the duties and functions of the Chairperson. Delegation (3) The Chairperson may delegate to a member of the Complaints Commission any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 250.17(1). 1998, c. 35, s. 82
National Defence Act — N-5 250.12
Head Office 250.12 The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council. 1998, c. 35, s. 82
National Defence Act — N-5 250.13
Staff 250.13 (1) The employees that are necessary for the proper conduct of the work of the Complaints Commission shall be appointed in accordance with the Public Service Employment Act . Experts (2) The Complaints Commission may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Complaints Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses. 1998, c. 35, s. 82
National Defence Act — N-5 250.14
Duty to act expeditiously 250.14 The Complaints Commission shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 82
National Defence Act — N-5 250.15
Rules 250.15 The Chairperson may make rules respecting (a) the manner of dealing with matters and business before the Complaints Commission, including the conduct of investigations and hearings by the Complaints Commission; (b) the apportionment of the work of the Complaints Commission among its members and the assignment of members to review complaints; and (c) the performance of the duties and functions of the Complaints Commission. 1998, c. 35, s. 82
National Defence Act — N-5 250.16
Protection of members 250.16 No criminal or civil proceedings lie against any member of the Complaints Commission, or against any person acting on behalf of the Complaints Commission, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Complaints Commission. 1998, c. 35, s. 82
National Defence Act — N-5 250.17
Annual Report 250.17 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the Complaints Commission’s activities during that year and its recommendations, if any. Tabling in Parliament (2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. 1998, c. 35, s. 82
National Defence Act — N-5 250.18
Complaints about military police 250.18 (1) Any person, including any officer or non-commissioned member, may make a complaint under this Division about the conduct of a member of the military police in the performance of any of the policing duties or functions that are prescribed for the purposes of this section in regulations made by the Governor in Council. Complainant need not be affected (2) A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint. No penalty for complaint (3) A person may not be penalized for exercising the right to make a conduct complaint so long as the complaint is made in good faith. 1998, c. 35, s. 82; 2013, c. 24, s. 78
National Defence Act — N-5 250.19
Complaints by military police 250.19 (1) Any member of the military police who conducts or supervises a military police investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department has improperly interfered with the investigation may make a complaint about that person under this Division. Improper interference (2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority. No penalty for complaint (3) A person may not be penalized for exercising the right to make an interference complaint so long as the complaint is made in good faith. 1998, c. 35, s. 82; 2013, c. 24, s. 79
National Defence Act — N-5 250.2
Time limit 250.2 No complaint may be made more than one year after the event giving rise to the complaint unless the Chairperson, at the request of the complainant, decides that it is reasonable in the circumstances to extend the time. 1998, c. 35, s. 82
National Defence Act — N-5 250.21
To whom complaint may be made 250.21 (1) A conduct complaint or an interference complaint may be made, either orally or in writing, to the Chairperson, the Judge Advocate General or the Provost Marshal. A conduct complaint may also be made to any member of the military police. Acknowledgement and notice of complaint (2) The person who receives a complaint shall (a) if the complaint is not in writing, put it in writing; (b) ensure that an acknowledgement of its receipt is sent as soon as practicable to the complainant; and (c) ensure that notice of the complaint is sent as soon as practicable (i) in the case of a conduct complaint, to the Chairperson and the Provost Marshal, (ii) in the case of an interference complaint concerning an officer or a non-commissioned member, to the Chairperson, the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and (iii) in the case of an interference complaint concerning a senior official of the Department, to the Chairperson, the Deputy Minister, the Judge Advocate General and the Provost Marshal. 1998, c. 35, s. 82; 2013, c. 24, ss. 80(F), 107(F)
National Defence Act — N-5 250.22
Notice to subject of conduct complaint 250.22 As soon as practicable after receiving or being notified of a conduct complaint, the Provost Marshal shall send a written notice of the substance of the complaint to the person whose conduct is the subject of the complaint unless, in the Provost Marshal’s opinion, to do so might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, s. 81(F)
National Defence Act — N-5 250.23
Notice to subject of interference complaint 250.23 As soon as practicable after receiving or being notified of an interference complaint, the Chairperson shall send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Chairperson’s opinion, to do so might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, s. 108(F)
National Defence Act — N-5 250.24
Withdrawal 250.24 (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson. Notice of withdrawal (2) The Chairperson shall send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 82(F)
National Defence Act — N-5 250.25
Record of complaints 250.25 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)