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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| Withdrawn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complaint even if it has been withdrawn.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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(a) assign one or more members of the
Complaints Commission to conduct the
hearing; and
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(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.
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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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(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;
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(b) to administer oaths; and
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(c) to receive and accept any evidence and
information that it sees fit, whether
admissible in a court of law or not.
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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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(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;
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(b) any answer given or statement made
before a board of inquiry or summary
investigation;
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(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;
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(d) any answer given or statement made
before a court of law or tribunal; or
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(e) any answer given or statement made
while attempting to resolve a conduct
complaint informally under subsection
250.27(1).
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| Hearing in
public
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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:
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(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;
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(b) information that, if disclosed, could
reasonably be expected to be injurious to
the administration of justice, including law
enforcement; and
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(c) information affecting a person's privacy
or security interest, if that interest
outweighs the public's interest in the
information.
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| Notice of
hearing
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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.
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| Convenience
to be
considered
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(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.
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| Delay of
hearing
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(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.
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| Rights of
persons
interested
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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
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(a) the complainant and the person who is
the subject of the complaint, if they wish to
appear; and
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(b) any other person who satisfies the
Complaints Commission that the person has
a substantial and direct interest in the
hearing.
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| Witness not
excused from
testifying
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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.
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| Answer not
receivable
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(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.
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| Expenses
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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.
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| Return of
documents,
etc.
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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.
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| Report
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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.
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| Review -
conduct
complaint
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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.
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| Exception
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(2) If the Provost Marshal is the subject of
the complaint, the review shall be conducted
by the Chief of the Defence Staff.
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| Review -
interference
complaint
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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
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(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
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(b) the Deputy Minister, if the person who
is the subject of the complaint is a senior
official of the Department.
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| Exception
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(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.
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| Notice of
action
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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.
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| Reasons
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(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.
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| Notice of
action
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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.
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| Reasons
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(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.
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| Final report
by
Chairperson
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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.
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| Recipients of
report
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(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.
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| Oaths
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251. At summary trials and courts martial,
and at proceedings before a board of inquiry or
a commissioner taking evidence under this
Act, an oath shall 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:
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(a) the officer presiding at the summary
trial;
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(b) the judge presiding at the court martial;
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(c) each member of the panel of the court
martial;
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(d) each member of the board of inquiry;
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(h) subject to section 16 of the Canada
Evidence Act, witnesses.
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| Solemn
affirmation
instead of
oath
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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.
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| Effect
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(2) A solemn affirmation has the same force
and effect as an oath.
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| Prosecutions
under the
Criminal
Code
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(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.
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| Witness fees
and
allowances
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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 Grievance Board, an Inquiry
Committee established for the purpose of
subsection 165.1(2) or 165.21(2), the Military
Police Complaints Commission, a board of
inquiry or a commissioner taking evidence
under this Act 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.
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83. The portion of subsection 271(1) of
the Act after paragraph (c) is replaced by
the following:
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and performing any function in relation to the
Canadian Forces or any forces cooperating
with the Canadian Forces, if the injury or
disease or aggravation thereof arose out of or
was directly connected with the performance
of that function.
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| R.S., c. 31 (1st
Supp.), s. 59
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84. Subparagraph 273.1(b)(ii) of the Act
is replaced by the following:
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(ii) requiring any person, as a condition
of being given access to that place or
materiel, to submit, on demand, to a
search of the person and the person's
personal or movable property while
entering or exiting that place or materiel
or any restricted area within that place or
materiel.
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| R.S., c. 31 (1st
Supp.), s. 59
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85. Paragraph 273.2(b) of the Act is
replaced by the following:
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(b) the personal or movable property of any
person subject to the Code of Service
Discipline located in, on or about any
defence establishment, work for defence or
materiel,
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| R.S., c. 31 (1st
Supp.), s. 59
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86. (1) The portion of section 273.3 of the
Act before paragraph (a) is replaced by the
following:
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| Warrant by
commanding
officer
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273.3 Subject to sections 273.4 and 273.5,
a commanding officer who is satisfied by
information on oath that there is in any
quarters, locker, storage space or personal or
movable property referred to in section 273.2
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| R.S., c. 31 (1st
Supp.), s. 59
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(2) The portion of section 273.3 of the
English version of the Act after paragraph
(c) is replaced by the following:
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may issue a warrant authorizing any officer or
non-commissioned member named in the
warrant, assisted by such other officers and
non-commissioned members as are necessary,
or a peace officer, to search the quarters,
locker, storage space or personal or movable
property for any such thing, and to seize and
carry it before that commanding officer.
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87. The Act is amended by adding the
following after section 273.5:
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