GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 250.26
Provost Marshal responsible 250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints. 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)
National Defence Act — N-5 250.261
Deadline for resolving or disposing of complaint 250.261 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
National Defence Act — N-5 250.27
Informal resolution 250.27 (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. Restriction (2) Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council. 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. 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. 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. 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)
National Defence Act — N-5 250.28
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. 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. 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)
National Defence Act — N-5 250.29
Report on investigation 250.29 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)
National Defence Act — N-5 250.3
Status reports 250.3 (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. 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. 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)
National Defence Act — N-5 250.31
Reference to Complaints Commission 250.31 (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. 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)
National Defence Act — N-5 250.32
Review by Chairperson 250.32 (1) The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request. Chairperson may investigate (2) In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint. 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)
National Defence Act — N-5 250.33
Status reports 250.33 (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. 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. 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)
National Defence Act — N-5 250.34
Responsibility 250.34 (1) The Chairperson is responsible for dealing with interference complaints. 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. 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)
National Defence Act — N-5 250.35
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. 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. 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)
National Defence Act — N-5 250.36
Report on investigation 250.36 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)
National Defence Act — N-5 250.37
Status reports 250.37 (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. 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. 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)
National Defence Act — N-5 250.38
Public interest 250.38 (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. Withdrawn complaint (2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn. 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. 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. 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)
National Defence Act — N-5 250.39
Report on investigation 250.39 On completion of an investigation under subsection 250.38(1), the Chairperson shall prepare and send to 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 a report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint, unless the Chairperson has caused, or intends to cause, a hearing to be held to inquire into the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F)
National Defence Act — N-5 250.4
Assignment of members to conduct hearing 250.4 (1) If the Chairperson decides to cause a hearing to be held, the Chairperson shall (a) assign one or more members of the Complaints Commission to conduct the hearing; and (b) 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. Deeming (2) For the purposes of this Part, the member or members of the Complaints Commission who conduct a hearing are deemed to be the Complaints Commission. 1998, c. 35, s. 82; 2013, c. 24, s. 91(F)
National Defence Act — N-5 250.41
Powers 250.41 (1) When conducting a hearing, the Complaints Commission has, in relation to the complaint before it, power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it; (b) to administer oaths; and (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not. Restriction (2) Notwithstanding subsection (1), the Complaints Commission may not receive or accept (a) any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence; (b) any answer given or statement made before a board of inquiry or summary investigation; (c) any answer or statement that tends to criminate the witness or subject the witness to any proceeding or penalty and that was in response to a question at a hearing under this Division into another complaint; (d) any answer given or statement made before a court of law or tribunal; or (e) any answer given or statement made while attempting to resolve a conduct complaint informally under subsection 250.27(1). 1998, c. 35, s. 82
National Defence Act — N-5 250.42
Hearing in public 250.42 A hearing is to be held in public, except that the Complaints Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed: (a) information that, if disclosed, could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities; (b) information that, if disclosed, could reasonably be expected to be injurious to the administration of justice, including law enforcement; and (c) information affecting a person’s privacy or security interest, if that interest outweighs the public’s interest in the information. 1998, c. 35, s. 82; 2015, c. 3, s. 134(F)
National Defence Act — N-5 250.43
Notice of hearing 250.43 (1) As soon as practicable before the commencement of a hearing, the Complaints Commission shall serve a notice in writing of the time and place appointed for the hearing on the complainant and the person who is the subject of the complaint. Convenience to be considered (2) If a person on whom a notice is served wishes to appear before the Complaints Commission, the Complaints Commission must consider the convenience of that person in fixing the time and the place for the hearing. Delay of hearing (3) If the complaint relates to conduct that is also the subject of disciplinary or criminal proceedings before a court or tribunal of first instance, the hearing may not take place until the disciplinary or criminal proceedings are completed. 1998, c. 35, s. 82; 2013, c. 24, s. 92(F)
National Defence Act — N-5 250.44
Rights of persons interested 250.44 The Complaints Commission shall afford a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing to (a) the complainant and the person who is the subject of the complaint, if they wish to appear; and (b) any other person who satisfies the Complaints Commission that the person has a substantial and direct interest in the hearing. 1998, c. 35, s. 82; 2013, c. 24, s. 93(F)
National Defence Act — N-5 250.45
Witness not excused from testifying 250.45 (1) In a hearing, no witness shall be excused from answering any question relating to the complaint before the Complaints Commission when required to do so by the Complaints Commission on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false. 1998, c. 35, s. 82
National Defence Act — N-5 250.46
Expenses 250.46 Travel and living expenses incurred in appearing before the Complaints Commission shall, in the discretion of the Complaints Commission, be paid in accordance with applicable Treasury Board directives, to the complainant and to the person who is the subject of the complaint, and to their counsel, if the Complaints Commission holds a hearing at a place in Canada that is not their ordinary place of residence. 1998, c. 35, s. 82; 2013, c. 24, s. 108(F)
National Defence Act — N-5 250.47
Return of documents, etc. 250.47 Documents and things presented to the Complaints Commission at a hearing shall, on request, be returned to the person who presented them within a reasonable time after completion of the Complaints Commission’s report on the complaint. 1998, c. 35, s. 82
National Defence Act — N-5 250.48
Report 250.48 On completion of a hearing, the Complaints Commission shall prepare and send to 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 a report in writing setting out its findings and recommendations with respect to the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F)
National Defence Act — N-5 250.49
Review — conduct complaint 250.49 (1) On receipt of a report under subsection 250.32(3) or section 250.39 or 250.48 in respect of a conduct complaint, the Provost Marshal shall review the complaint in light of the findings and recommendations set out in the report. Exception (2) If the Provost Marshal is the subject of the complaint, the review shall be conducted by the Chief of the Defence Staff. 1998, c. 35, s. 82; 2013, c. 24, ss. 94(F), 107(F)
National Defence Act — N-5 250.5
Review — interference complaint 250.5 (1) On receipt of a report under section 250.36, 250.39 or 250.48 in respect of an interference complaint, the complaint shall be reviewed in light of the findings and recommendations set out in the report by (a) the Chief of the Defence Staff, if the person who is the subject of the complaint is an officer or a non-commissioned member; and (b) the Deputy Minister, if the person who is the subject of the complaint is a senior official of the Department. Exception (2) If the Chief of the Defence Staff or the Deputy Minister is the subject of the complaint, the review shall be conducted by the Minister. 1998, c. 35, s. 82; 2013, c. 24, s. 95(F)
National Defence Act — N-5 250.51
Notice of action 250.51 (1) The person who reviews a report under section 250.49 or 250.5 shall notify in writing the Minister and the Chairperson of any action that has been or will be taken with respect to the complaint. Reasons (2) If the person decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice. 1998, c. 35, s. 82
National Defence Act — N-5 250.52
Notice of action 250.52 (1) If the Minister reviews a report by reason of subsection 250.5(2), the Minister shall notify the Chairperson in writing of any action that has been or will be taken with respect to the complaint. Reasons (2) If the Minister decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice. 1998, c. 35, s. 82
National Defence Act — N-5 250.53
Final report by Chairperson 250.53 (1) After receiving and considering a notice sent under section 250.51 or 250.52, the Chairperson shall prepare a final report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint. Recipients of report (2) A copy of the final report shall be sent to the Minister, the Deputy Minister, the Chief of the Defence Staff, the Judge Advocate General, the Provost Marshal, the complainant, the person who is the subject of the complaint and all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 96(F)
National Defence Act — N-5 251
Oaths 251 At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council: (a) the officer conducting the summary hearing; (b) the judge presiding at the court martial; (c) each member of the panel of the court martial; (d) each member of the board of inquiry; (e) the commissioner; (f) court reporters; (g) interpreters; and (h) subject to section 16 of the Canada Evidence Act , witnesses. R.S., 1985, c. N-5, s. 251; 1998, c. 35, s. 82 2019, c. 15, s. 43
National Defence Act — N-5 251.1
Solemn affirmation instead of oath 251.1 (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation. Effect (2) A solemn affirmation has the same force and effect as an oath. Prosecutions under the Criminal Code (3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code , the same force and effect as an oath taken before a civil court. 1998, c. 35, s. 82
National Defence Act — N-5 251.2
Witness fees and allowances 251.2 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. 1998, c. 35, s. 82; 2013, c. 24, ss. 97, 106(E)