Bill C-25

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	DIVISION 3
	INVESTIGATIONS AND HEARINGS BY COMPLAINTS COMMISSION
Public interest	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.
Withdrawn complaint	(2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn.
Notice	(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.
Exception	(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.
Duties suspended	(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.
Report on investigation	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.
Assignment of members to conduct hearing	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.
Deeming	(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.
Powers	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.
Restriction	(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).
Hearing in public	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.
Notice of hearing	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.
Convenience to be considered	(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.
Delay of 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.
Rights of persons interested	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.
Witness not excused from testifying	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.
Answer not receivable	(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.
Expenses	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.
Return of documents, etc.	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.
Report	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.
	DIVISION 4
	REVIEW AND FINAL REPORT
Review - conduct complaint	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.
Exception	(2) If the Provost Marshal is the subject of the complaint, the review shall be conducted by the Chief of the Defence Staff.
Review - interference complaint	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.
Exception	(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.
Notice of action	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.
Reasons	(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.
Notice of action	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.
Reasons	(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.
Final report by Chairperson	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.
Recipients of report	(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.
	PART V
	MISCELLANEOUS PROVISIONS HAVING GENERAL APPLICATION
	Oaths
Oaths	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:
	(a) the officer presiding at the summary trial;
	(b) the judge presiding at the court martial;
	(c) each member of the panel of the court martial;
	(d) each member of the board of inquiry;
	(e) the commissioner;
	(f) court reporters;
	(g) interpreters; and
	(h) subject to section 16 of the Canada Evidence Act, witnesses.
Solemn affirmation instead of oath	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.
Effect	(2) A solemn affirmation has the same force and effect as an oath.
Prosecutions under the Criminal Code	(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.
	Witness Fees and Allowances
Witness fees and allowances	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.
	83. The portion of subsection 271(1) of the Act after paragraph (c) is replaced by the following:

	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.
R.S., c. 31 (1st Supp.), s. 59	84. Subparagraph 273.1(b)(ii) of the Act is replaced by the following:
	(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.
R.S., c. 31 (1st Supp.), s. 59	85. Paragraph 273.2(b) of the Act is replaced by the following:
	(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,
R.S., c. 31 (1st Supp.), s. 59	86. (1) The portion of section 273.3 of the Act before paragraph (a) is replaced by the following:
Warrant by commanding officer	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
R.S., c. 31 (1st Supp.), s. 59	(2) The portion of section 273.3 of the English version of the Act after paragraph (c) is replaced by the following:
	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.
	87. The Act is amended by adding the following after section 273.5: