Bill C-25
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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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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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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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DIVISION 4 |
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REVIEW AND FINAL REPORT |
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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- - interferenc e 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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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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PART V |
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MISCELLANEOUS PROVISIONS HAVING GENERAL APPLICATION |
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Oaths |
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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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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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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, 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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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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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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Public Service |
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Public service
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273.6 (1) Subject to subsection (2), the
Governor in Council or the Minister may
authorize the Canadian Forces to perform any
duty involving public service.
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Law
enforcement
assistance
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(2) The Governor in Council, or the
Minister on the request of the Solicitor
General of Canada or any other Minister, may
issue directions authorizing the Canadian
Forces to provide assistance in respect of any
law enforcement matter if the Governor in
Council or the Minister, as the case may be,
considers that
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Exception
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(3) Subsection (2) does not apply in respect
of assistance that is of a minor nature and
limited to logistical, technical or
administrative support.
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Restriction
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(4) The authority of the Minister under this
section is subject to any directions issued by
the Governor in Council.
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88. Part XI of the Act is renumbered as
Part VI.
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89. Part XII of the Act is renumbered as
Part VII.
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90. Section 302 of the Act is replaced by
the following:
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Offences of
contempt
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302. Every person is guilty of an offence
and liable, on summary conviction, to a fine of
not more than five hundred dollars or to
imprisonment for a term of not more than six
months or to both, where the person
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91. The portion of items 5 to 11 of the
schedule to the French version of the Act in
column II are replaced by the following:
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Article Colonne II
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5. Capitaine de vaisseau 6. Capitaine de frégate 7. Capitaine de corvette 8. Lieutenant de vaisseau 9. Enseigne de vaisseau de 1re classe 10. Enseigne de vaisseau de 2e classe 11. Aspirant de marine
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References to
``this Part''
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92. The Act is amended by replacing the
words ``this Part'' with the words ``this
Division'' in the following provisions:
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