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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

DIVISION 4Review and Final Report

Marginal note: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.

• Marginal note:Exception

  (2) If the Provost Marshal is the subject of the complaint, the review shall be conducted by the Chief of the Defence Staff.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

PART VMiscellaneous Provisions Having General Application

Oaths

Marginal note: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.

Marginal note: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.

• Marginal note:Effect

  (2) A solemn affirmation has the same force and effect as an oath.

• Marginal note: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.

Witness Fees and Allowances

Marginal note: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.

Disposal by Civil Authorities of Deserters and Absentees without Leave

Marginal note:Definition of justice

• 252 (1) For the purposes of this section and sections 253 and 254, justice means a justice as defined in the Criminal Code.

• Marginal note:Powers of arrest on reasonable grounds

  (2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice.

• Marginal note:Issue of warrant

  (3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or absentee without leave to be apprehended and brought forthwith before that or any other justice.

• Marginal note:Justice’s power to examine into case

  (4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence.

Marginal note:Disposal of person brought before justice

• 253 (1) A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody.

• Marginal note:Verification of admission

  (2) Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

• Marginal note:Remands

  (3) A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2).

• Marginal note:Report following disposal

  (4) Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

Marginal note:Delivery by constable into service custody

• 254 (1) Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice.

• Marginal note:Report where person delivered into service custody

  (2) Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe.

Certificate of Civil Courts

Marginal note:Transmission of certificate where person tried civilly

255 Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law.

Duties respecting Incarceration

Marginal note:Execution of warrants

• 256 (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law.

• (2) [Repealed, 1991, c. 43, s. 30]

Manoeuvres

Marginal note:Authorization by Minister

• 257 (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified.

• Marginal note:Notice

  (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned.

• Marginal note:Powers

  (3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres.

• Marginal note:Interference

  (4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer.

• Marginal note:Bar of action

  (5) No action lies by reason only of the execution of manoeuvres authorized under this section.