250. The definitions in this section apply in this Part.

“Chairperson” means the Chairperson of the Complaints Commission.

“Complaints Commission” means the Military Police Complaints Commission established by subsection 250.1(1).

“conduct complaint” means a complaint about the conduct of a member of the military police made under subsection 250.18(1).

“interference complaint” means a complaint about interference with a military police investigation made under subsection 250.19(1).

“military police” means the officers and non-commissioned members appointed under regulations for the purposes of section 156.

“Provost Marshal” means the Canadian Forces Provost Marshal.

R.S., 1985, c. N-5, s. 250; 1998, c. 35, s. 82.

250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than six other members to be appointed by the Governor in Council.

(2) Each member holds office as a full-time or a part-time member.

(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.

(4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office.

(5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.

(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.

(7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission.

(8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

(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.

(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.

(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).

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.

(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.

(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.

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.

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.

(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.

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.

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.

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.

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.

(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.

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.

(2) A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint.

1998, c. 35, s. 82.

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.

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

1998, c. 35, s. 82.

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.

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.

(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.

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.

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.

250.24 (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson.

(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.

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.

250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints.

(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.

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.

(2) Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council.

(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.

(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.

(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.

(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.

250.28 (1) Subject to any attempts at informal resolution, the Provost Marshal shall investigate a conduct complaint as soon as practicable.

(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.

(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.

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.

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.

(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.

(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.

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.

(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.

250.32 (1) The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request.

(2) In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint.

(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.

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.

(2) If the review has not been completed within six months, the Chairperson shall in each report sent after that period explain why not.

(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.

250.34 (1) The Chairperson is responsible for dealing with interference complaints.

(2) If the Chairperson considers it appropriate to do so, the Chairperson may ask the Provost Marshal to investigate an interference complaint.

(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.

250.35 (1) The Chairperson or the Provost Marshal, as the case may be, shall investigate an interference complaint as soon as practicable.

(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.

(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.

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.

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.

(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.

(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.

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.

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

(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.

(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.

(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.

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.

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.

(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.

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.

(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.

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.

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.

(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.

(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.

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.

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.

(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.

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.

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.

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.

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.

(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.

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.

(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.

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.

(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.

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.

(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.

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.

(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.