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

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note:Improper interference

  (2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority.

Marginal note: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.

Marginal note: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.

• Marginal note: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.