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

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Division 3

Investigations and Hearings by Complaints Commission

Marginal note: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.

  • Marginal note:Withdrawn complaint

    (2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.
Marginal note: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.
Marginal note: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.

  • Marginal note: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.