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Record of Complaints |
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Record of
complaints
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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.
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Subdivision 2
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Disposal of Conduct Complaints
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Provost
Marshal
responsible
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250.26 (1) The Provost Marshal is
responsible for dealing with conduct
complaints.
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Complaint
about Provost
Marshal
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(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.
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Informal
resolution
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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.
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Restriction
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(2) Subsection (1) does not apply if the
complaint is of a type prescribed in
regulations made by the Governor in Council.
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Statements
not admissible
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(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.
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Right to
refuse or end
informal
resolution
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(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,
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Notice
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(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
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Record of
informal
resolution
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(6) If a conduct complaint is resolved
informally,
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Duty to
investigate
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250.28 (1) Subject to any attempts at
informal resolution, the Provost Marshal shall
investigate a conduct complaint as soon as
practicable.
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Right to
refuse or end
investigation
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(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,
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Notice
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(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
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Report on
investigation
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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
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Status reports
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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:
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Six-month
report
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(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.
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Exception
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(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.
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Review by Complaints Commission
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Reference to
Complaints
Commission
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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.
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Information to
be provided
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(2) If a complainant refers a complaint to
the Complaints Commission under subsection
(1),
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Review by
Chairperson
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250.32 (1) The Chairperson shall review the
complaint to which a request for review
relates as soon as practicable after receiving
the request.
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Chairperson
may
investigate
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(2) In conducting a review of a complaint,
the Chairperson may investigate any matter
relating to the complaint.
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Report
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(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.
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Status reports
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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.
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Six-month
report
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(2) If the review has not been completed
within six months, the Chairperson shall in
each report sent after that period explain why
not.
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Exception
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(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.
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Subdivision 3
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Disposal of Interference Complaints
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Responsibi- lity
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250.34 (1) The Chairperson is responsible
for dealing with interference complaints.
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Investigation
may be by
Provost
Marshal
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(2) If the Chairperson considers it
appropriate to do so, the Chairperson may ask
the Provost Marshal to investigate an
interference complaint.
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Reasons for
refusal
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(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.
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Duty to
investigate
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250.35 (1) The Chairperson or the Provost
Marshal, as the case may be, shall investigate
an interference complaint as soon as
practicable.
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Right to
refuse or end
investigation
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(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,
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Notice
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(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.
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Report on
investigation
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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
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Status reports
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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
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Six-month
report
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(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.
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Exception
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(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.
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DIVISION 3 |
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INVESTIGATIONS AND HEARINGS BY COMPLAINTS COMMISSION |
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Public interest
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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.
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Withdrawn
complaint
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(2) The Chairperson may cause an
investigation to be held in respect of a
complaint even if it has been withdrawn.
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Notice
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(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.
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Exception
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(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.
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Duties
suspended
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(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.
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Report on
investigation
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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.
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Assignment of
members to
conduct
hearing
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250.4 (1) If the Chairperson decides to
cause a hearing to be held, the Chairperson
shall
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Deeming
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(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.
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Powers
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250.41 (1) When conducting a hearing, the
Complaints Commission has, in relation to the
complaint before it, power
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Restriction
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(2) Notwithstanding subsection (1), the
Complaints Commission may not receive or
accept
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