BILL C-25 - First Reading

	PART IV
	COMPLAINTS ABOUT OR BY MILITARY POLICE
	Interpretation
Definitions	250. The definitions in this section apply in this Part.
``Chair- person'' « Président »	``Chairperson'' means the Chairperson of the Complaints Commission.
``Complaints Commission'' « Commission »	``Complaints Commission'' means the Military Police Complaints Commission established by subsection 250.1(1).
``conduct complaint'' « plainte pour inconduite »	``conduct complaint'' means a complaint about the conduct of a member of the military police made under subsection 250.18(1).
``interfe- rence complaint'' « plainte pour ingérence »	``interference complaint'' means a complaint about interference with a military police investigation made under subsection 250.19(1).
``military police'' « police militaire »	``military police'' means the officers and non-commissioned members appointed under regulations for the purposes of section 156.
``Provost Marshal'' « prévôt »	``Provost Marshal'' means the Canadian Forces Provost Marshal.
	DIVISION 1
	MILITARY POLICE COMPLAINTS COMMISSION
	Establishment and Organization
Commission established	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.
Full- or part-time	(2) Each member holds office as a full-time or a part-time member.
Tenure of office and removal	(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.
Re- appointment	(4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office.
Duties of full-time members	(5) Full-time members shall devote the whole of their time to the performance of their duties under this Act.
Conflict of interest - par t- time members	(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.
Eligibility	(7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission.
Remunera- tion	(8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.
Travel and living expenses	(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.
Status of members	(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 public service of Canada for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act.
Oath of office	(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.)
	Chairperson
Chief executive officer	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.
Absence or incapacity	(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.
Delegation	(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).
	Head Office
Head Office	250.12 The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council.
	Staff
Staff	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.
Experts	(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.
	Duty to Act Expeditiously
Duty to act expeditiously	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.
	Rules
Rules	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.
	Immunity
Protection of members	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 of a power or performance of a duty or function of the Complaints Commission.
	Annual Report
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.
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.
	DIVISION 2
	COMPLAINTS
	Subdivision 1
	Right to Complain
	Conduct Complaints
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.
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.
	Interference Complaints
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.
Improper interference	(2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority.
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.
	To Whom Complaint May be Made
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.
Acknowled- gement 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.
Notice to subject of conduct complaint	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.
Notice to subject of interference complaint	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.
	Withdrawal of Complaint
Withdrawal	250.24 (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson.
Notice of withdrawal	(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.