Proposed Bill

An Act respecting the Independent Complaints Commission for the Military Police

Preamble

Whereas Parliament recognizes the importance of ensuring the public confidence in police services in Canada;

Whereas Parliament recognizes the importance of the independence of civilian police oversight bodies in Canada and of providing these bodies with powers to carry out their mandate;

And whereas the Independent Complaints Commission for the Military Police, as the civilian oversight body for the Military Police of Canada, is an administrative tribunal that requires a high degree of independence and powers to carry out its mandate,

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1 This Act may be cited as the Independent Complaints Commission for the Military Police Act.

Interpretation

Definitions

2 (1) The following definitions apply in this Act.

Canadian Forces means the armed forces referred to in section 14 of the National Defence Act. (Forces canadiennes)

Chairperson means the Chairperson of the Commission. (président)

Commission means the Independent Complaints Commission for the Military Police continued by subsection 3(1). (Commission)

Department means the Department of National Defence. (ministère)

Deputy Minister means the Deputy Minister of National Defence appointed under section 7 of the National Defence Act. (sous-ministre)

Judge Advocate General means the Judge-Advocate General of the Canadian Forces appointed under paragraph 9(1) of the National Defence Act. (juge-avocat général)

member of the Canadian Forces means an officer or a non-commissioned member of the Canadian Forces, as those terms are defined in subsection 2(1) of the National Defence Act. (membre des Forces canadiennes)

military police has the same meaning as in subsection 2(1) of the National Defence Act. (police militaire)

Minister means the Minister of National Defence. (ministre)

Provost Marshal means the Canadian Forces Provost Marshal appointed under paragraph 18.3(1) of the National Defence Act. (grand prévôt)

service offence has the same meaning as in subsection 2(1) of the National Defence Act. (infraction d’ordre militaire)

Policing duties and functions

(2) For purposes of this Act, a member of the military police performs policing duties or functions when, acting as a member of the military police or appearing to act in that capacity, they maintain public peace or enforce the law, including:

(a) the conduct of patrols;
(b) the conduct of an investigation;
(c) the rendering of assistance to the public;
(d) the execution of a warrant or another judicial process;
(e) the handling of evidence;
(f) the laying of a charge;
(g) attendance at a judicial proceeding;
(h) responding to a complaint; and
(i) the arrest or custody of a person.

Investigation

(3) For greater certainty, an investigation for the purposes of the definition policing duties and functions includes an investigation conducted by the Provost Marshal or under the Provost Marshal’s supervision of a conduct complaint under this Act.

Independent Complaints Commission for the Military Police

Organization

Commission continued

3 (1) The Military Police Complaints Commission, established under subsection 250.1(1) of the National Defence Act, is continued as the Independent Complaints Commission for the Military Police.

Composition

(2) The Commission consists of a Chairperson and not more than four other members to be appointed by the Governor in Council.

Full- or part-time

(3) Each member of the Commission holds office as a full-time or a part-time member.

Tenure of office and removal

(4) Each member of the Commission 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

(5) A member of the Commission is eligible to be re-appointed on the expiration of a first or subsequent term of office.

Completion of ongoing matters

(6) An individual who ceases to be a member of the Commission for any reason other than removal may, at the request of the Chairperson, within 12 weeks after ceasing to be a member of the Commission, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Commission while they were still a member of the Commission and in respect of which there was any investigation in which they participated as a member of the Commission. For that purpose, the person is deemed to be a part-time member of the Commission.

Duties of full-time members

(7) Full-time members of the Commission must devote the whole of their time to the performance of their duties under this Act.

Conflict of interest — part-time members

(8) Part-time members of the Commission may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act.

Eligibility

(9) A member of the Canadian Forces or an employee of the Department is not eligible to be a member of the Commission.

Remuneration

(10) The members of the Commission are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council.

Travel and living expenses

(11) The members of the Commission 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.

Application of Public Service Superannuation Act

(12) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Status of members

(13) Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Oath of office

(14) Every member of the Commission must, 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 Independent Complaints Commission for the Military Police in conformity with the requirements of the Independent Complaints Commission for the Military Police Act, and of all rules and instructions under that Act applicable to the Independent Complaints Commission for the Military Police, 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.)

Chief executive officer

4 (1) The Chairperson is the chief executive officer of the 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 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 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 13(1).

Head Office

5 The head office of the Commission must be at the place in Canada designated by the Governor in Council.

Staff

6 (1) Employees necessary for the proper conduct of the work of the Commission are to be appointed in accordance with the Public Service Employment Act.

Experts

(2) The 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 Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses.

Powers, Duties and Functions

Powers, duties and functions of Commission

7 The Commission must exercise the powers and perform the duties and functions that are conferred under this Act.

Duty to act informally and expeditiously

8 The Commission must deal with all matters before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

Education and information

9 The Commission may implement public education and information programs to make its mandate better known to the public. The Commission may also conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.

Rules

10 The Chairperson may make rules respecting

(a) the manner of dealing with matters and business before the Commission, including the conduct of investigations, reviews and hearings by the Commission;
(b) the apportionment of the work of the Commission among its members and the assignment of members to investigate or review complaints; and
(c) the performance of the duties and functions of the Commission.

Protection

11 (1) No criminal, civil or administrative action or proceeding lies against the members or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act.

No summons

(2) A member or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Foreign Interference and Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

Reporting

Special reports

12 (1) The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report concerning any matter that relates to the exercise of its powers, or the performance of its duties and functions, under this Act.

Report to be made public

(2) The Commission must make the report public after at least 15 days have elapsed after the day on which the report is provided to the Minister.

Annual Report

13 (1) Within three months after the end of each fiscal year, the Chairperson must submit to the Minister a report of the Commission’s activities during that fiscal year and its recommendations, if any.

Tabling in Parliament

(2) The Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it.

Information provisions

Right of access

14 (1) Subject to subsection (2), the Commission is entitled to have access to any information under the control, or in the possession, of the Department or of the Canadian Forces and that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Act.

Privileged information

(2) The Commission is entitled to have access to any information subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege that is under the control, or in the possession, of the Department or of the Canadian Forces and that the Commission considers is relevant and necessary to the matter before the Commission when it is conducting an investigation or a review under this Act.

Duty to comply

(3) If access is requested under subsection (1) or (2), the Department or the Canadian Forces, as the case may be, must comply with the request within 30 days following the day on which the request is made or any longer period that the Commission may allow.

Access to records

(4) The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.

For greater certainty

(5) For greater certainty, the disclosure to the Commission under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy.

Application

(6) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

Documents and explanations

15 The Commission is entitled to receive from any member of the Canadian Forces or any employee of the Department any documents and explanations that the Commission considers necessary for the exercise of its powers and the performance of its duties and functions under this Act.

Exception

16 The Commission is not entitled to have access to a confidence of the King’s Privy Council for Canada the disclosure of which could be refused under section 39 of the Canada Evidence Act.

Use of privileged information

17 If the Commission obtains access to information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege in respect of a matter under subsection 14(2), the Commission may use that information only in respect of that matter.

Consultation and approval

18 (1) Subject to subsection 19(2), if the Commission obtains access to information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege from the Department or the Canadian Forces, a member or an employee of the Commission and any other person acting on its behalf must not distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the person who may claim the privilege or secrecy.

Time limit

(2) The person referred to in subsection (1) must indicate whether he or she approves the distribution of a report or other document within 30 days following the day on which the request is made or any longer period that the Commission may allow.

Disclosure by Commission prohibited

19 (1) Except as authorized under subsection (2), a member or an employee of the Commission and any other person acting on its behalf must not provide information to any person, or allow any person to have access to information, knowing that the information is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege or being reckless as to whether the information is such information.

Authorized disclosure

(2) Every person who is otherwise prohibited under subsection (1) from disclosing privileged information may, if authorized by the Chairperson, disclose that information:

(a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament;
(b) to the Minister other than in an annual report referred to in section 13; or
(c) to the Provost Marshal if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Provost Marshal to exercise his or her powers or perform his or her duties and functions under the National Defence Act.

Disclosure of privileged information — proceedings

(3) A member or an employee of the Commission or other person acting on its behalf must not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege to which he or she had access under subsection 14(2).

Investigation and Review of Complaints

Complaints

Conduct Complaints about military police

20 (1) Any person, including any member of the Canadian Forces, may make a complaint about the conduct of a member of the military police in the performance of any policing duties or functions.

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 complaint – Right to make complaint

21 (1) If they believe on reasonable grounds that a member of the Canadian Forces or senior official of the Department has improperly interfered with the performance of any policing duties or functions any of the following may make an interference complaint about that person:

(a) a member of the military police or a person performing policing duties or functions under the Provost Marshal’s supervision; or
(b) a person affected by the performance of the policing duty or function or acting on their behalf.

Improper interference

(2) For the purposes of this section, improper interference with the performance of any policing duties or functions includes intimidation and abuse of authority.

Time limit

22 (1) The complaint must be made within one year after the day on which the event giving rise to the complaint occurred or any longer period permitted under subsection (2).

Extension of time limit

(2) The Chairperson may extend the time limit for making a complaint if the Chairperson is of the opinion that it is reasonable in the circumstances to do so.

Complaints

23 (1) Complaints may be made, either orally or in writing, to the Commission.

Complaint made orally

(2) The Commission must put it in writing a complaint made orally.

No penalty for complaint

(3) A person may not be penalized for exercising the right to make a complaint.

Acknowledgement and notification

24 (1) As soon as feasible after receiving a complaint, the Commission must acknowledge the complaint in writing to the complainant and provide written notice of the complaint

(a) in the case of a conduct complaint, to the Provost Marshal,
(b) in the case of an interference complaint concerning a member of the Canadian Forces, to the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and
(c) in the case of an interference complaint concerning a senior official of the Department, to the Deputy Minister, the Judge Advocate General and the Provost Marshal.

Notice

(2) As soon as feasible after receiving a complaint, the Commission must send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Commission’s opinion, to do so might adversely affect or hinder any investigation under this Act.

Chairperson-initiated Conduct Complaints

Conduct complaints initiated by Chairperson

25 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct of a member of the military police in the performance of any of the policing duties or functions, the Chairperson may make a conduct complaint in relation to that conduct.

Chairperson is complainant

(2) Unless the context otherwise requires, a reference to a complainant is, in relation to a complaint made under subsection (1), a reference to the Chairperson.

Section 24 applies

(3) Section 24 applies, with any modifications that the circumstances require, in respect of any conduct complaints made under subsection (1).

Investigation of Complaint

Admissibility of complaint

26 (1) The Commission must decide whether or not the complaint may be dealt with under this Act as soon as feasible after receiving it.

Notice

(2) Without delay after making a determination under subsection (1), the Commission must send to the complainant, if the person who is the subject of the complaint was notified of the complaint under subsection 24(2), that person, 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 determination and, if the determination is that the complaint may not be dealt with under this Act, the reasons why it was made.

Investigation by the Provost Marshal – conduct complaint

27 (1) Subject to subsection (2) to (4) and section 29, the Provost Marshal must investigate any conduct complaint.

Conduct Complaints – Restriction on power to investigate

(2) The Provost Marshal must not commence or continue an investigation of a conduct complaint if the Commission has notified the Provost Marshal that the Commission has determined under section 26 that the complaint may not be dealt with under this Act or the Chairperson has notified the Provost Marshal that the Commission will investigate that complaint under section 40.

Duties suspended

(3) If the Chairperson decides to cause an investigation in respect of a conduct complaint to be held under section 40, the Provost Marshal is not required to report on or otherwise deal with the complaint until the Provost Marshal receives a report under section 51 with respect to the complaint.

Complaint about Provost Marshal

(4) 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 Act.

Investigation by the Commission – interference complaint

28 Subject to section 29, the Commission must investigate any interference complaint.

Right to refuse or end investigation

29 (1) The Commission or the Provost Marshal, as the case may be, may decide to not commence an investigation of a complaint, other than a complaint initiated under subsection 25(1), or that an investigation be ended if, in the opinion of the Commission or the Provost Marshal, as the case may be,

(a) the complaint is frivolous, vexatious or made in bad faith;
(b) the event giving rise to the complaint does not relate to the performance of any policing duties or functions;
(c) the complainant is not directly concerned by the subject matter of the complaint; or
(d) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.

Notice

(2) If the Commission makes a direction under subsection (1), the Commission must send to the complainant, if the person who is the subject of the complaint was notified of the complaint under subsection 24(2), that person, 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.

Notice

(3) If the Provost Marshal makes a direction under subsection (1), the Provost Marshal must send to the complainant, if the person who is the subject of the complaint was notified of the complaint under subsection 24(2), that person and the Commission a notice in writing setting out

(a) the direction and the reasons why it was made; and
(b) the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the direction.

Deadline for resolving or disposing of complaint

30 The Provost Marshal must resolve or dispose of a conduct complaint — other than a complaint that results in an investigation of an alleged criminal or service offence — within one year after being notified of it.

Informal Resolution of Complaint

Informal resolution

31 (1) As soon as feasible after receiving or being notified of a complaint, the Commission or Provost Marshal, as the case may be, must consider whether the complaint can be resolved informally and, with the consent of the complainant and the person who is the subject of the complaint, may attempt to resolve it informally.

Restriction – Conduct complaint

(2) Subsection (1) does not apply to a conduct complaint of any of the following type:

(a) corruption;
(b) abuse of authority; or
(c) conduct that results in serious injury to or the death of any person.

Statements not admissible

(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.

Agreement to informal resolution in writing

(4) The terms of every informal resolution of a complaint, as well as the agreement to those terms of the complainant and the person who is the subject of the complaint to those terms, must be signed in writing. In the case of a conduct complaint, a copy of everything so signified in writing is to be provided to the Commission by the Provost Marshal.

Reports on investigation

Status reports

32 (1) Within sixty days after receiving or being notified of a complaint, as the case may be, the Commission or the Provost Marshal, as the case may be, must, 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

(a) the complainant;
(b) the person who is the subject of the complaint;
(c) the Commission or the Provost Marshal, as the case may be; and
(d) the Judge Advocate General, in the case of an interference complaint.

Six-month report

(2) If a complaint has not been dealt with within six months, the Commission or the Provost Marshal, as the case may be, must in each report sent after that period explain why not.

Exception

(3) No report is to be sent to the person who is the subject of a complaint if, in the Commission’s or the Provost Marshal’s opinion, as the case may be, sending the report might adversely affect or hinder any investigation under this Act.

Report on investigation – Conduct complaint

33 (1) On the completion of an investigation into a conduct complaint, the Provost Marshal must send to the complainant, the person who is the subject of the complaint and the Commission a report setting out

(a) a summary of the complaint;
(b) the findings of the investigation and the reasons for the findings;
(c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and
(d) the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the report.

Report on investigation – Interference complaint

(2) On the completion of an investigation into an interference complaint, the Commission must prepare and send a report setting out a summary of the complaint, the Commission’s findings and recommendations and the reasons for the findings and recommendations to

(a) the Minister;
(b) the Chief of the Defence Staff, in the case of a complaint against a member of the Canadian Forces;
(c) the Deputy Minister, in the case of a complaint against a senior official of the Department;
(d) the Judge Advocate General; and
(e) the Provost Marshal.

Withdrawal of Complaint

Withdrawal

34 (1) A complainant may withdraw their complaint by sending a written notice to the Commission.

Notice of withdrawal

(2) The Commission must send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint.

Records of Complaints

Duty to establish and maintain

35 (1) The Provost Marshal must establish and maintain a record of all complaints for which the Provost Marshal is provided notice under this Act, including those that are resolved informally and those that are withdrawn by the complainant.

Making record available

(2) Subject to subsection 14(2), the Provost Marshal must, on request, make available to the Commission any information contained in a record maintained by them under subsection (1), other than information described in section 16.

Referral of Conduct Complaints to the Commission

Referral to Commission

36 (1) A complainant who is not satisfied with a decision under section 29 in respect of a conduct complaint or a report under subsection 33(1) may, within 90 days after the day on which they are notified of the decision or receive the report, refer the complaint in writing to the Commission for review.

Extension of time limit

(2) The Chairperson may extend the time limit for referring a complaint to the Commission for review if the Chairperson is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

Information to be provided

(3) If a complainant refers a complaint to the Commission under subsection (1),

(a) the Commission must send to the Provost Marshal a copy of the complaint; and
(b) the Provost Marshal must provide the Commission with a copy of the notice sent under subsection 29(3), or of the report sent under subsection 33(1), in respect of the complaint and all information relevant to the complaint.

Duty to comply

(4) The Provost Marshal must provide the information referred to in paragraph (3)(b) within 30 days following the day on which the Chairperson sent a copy of the complaint or any longer period that the Commission may allow.

Decision — Commission

(5) For the purposes of subsection (3), the Commission is entitled to decide whether information is relevant to the complaint.

Review by Commission

37 (1) Subject to section 29, the Commission must review every complaint referred to it under section 36 as soon as feasible after receiving the request.

Commission satisfied

(2) If, after reviewing a complaint, the Commission is satisfied with the Provost Marshal’s decision or report, the Commission must prepare and send a report in writing to that effect to the Provost Marshal, the complainant and the person who was the subject of the complaint.

Commission not satisfied

(3) If, after reviewing a complaint, the Commission is not satisfied with the Provost Marshal’s decision or report or considers that further inquiry is warranted, the Commission may

(a) prepare and send to the Provost Marshal a report in writing setting out any findings it sees fit with respect to the decision or report and any recommendations it sees fit with respect to the complaint;
(b) request that the Provost Marshal investigate or further investigate any matter relating to the complaint; or
(c) investigate or further investigate any matter relating to the complaint.

Reasons for refusal

(4) If the Provost Marshal does not consent to investigate or further investigate the complaint, the Provost Marshal must notify the Commission in writing of the reason why the consent was not given.

Status reports

38 (1) Within sixty days after a complaint is referred to the Commission for a review, the Commission must, 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.

Six-month report

(2) If the review has not been completed within six months, the Commission must in each report sent after that period explain why not.

Exception

(3) No report is to be sent to the person who is the subject of a conduct complaint if, in the Commission’s opinion, sending the report might adversely affect or hinder any investigation under this Act.

Report

39 At the completion of the review, the Commission must send a report to the Minister, the Chief of the Defence Staff and the Provost Marshal setting out the Commission’s findings and recommendations with respect to the complaint.

Public Interest Investigation by the Commission

Public interest

40 (1) If, at any time after receiving a complaint, the Chairperson considers it advisable in the public interest, the Chairperson may cause the Commission to investigate to inquire into the 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 must 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 is to 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.

Information to be provided

41 (1) If the Chairperson decides to cause an investigation to be held under section 40, the Provost Marshal must provide the Commission with all information relevant to the complaint.

Duty to comply

(2) The Provost Marshal must provide the information referred to in subsection (1) within 30 days following the day on which the Chairperson sent a copy of the notice referred to in subsection 40(3) or any longer period that the Chairperson may allow.

Decision — Commission

(3) For the purposes of subsection (1), the Commission is entitled to decide whether information is relevant to the complaint.

Right to refuse or end investigation

42 (1) The Commission may decide to not commence an investigation of a complaint, or that an investigation be ended if, in the opinion of the Commission, any of the reasons referred to in paragraphs 29(1)(a) to (d) applies.

Notice

(2) If the Commission refuses to deal with a complaint or discontinues an investigation of a complaint, the Commission must give notice in writing of the refusal or discontinuance and the reasons for it 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.

Report on investigation

43 On completion of an investigation under subsection 40(1), the Commission must 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 Commission’s findings and recommendations with respect to the complaint.

Commission’s Powers in Relation to Complaints

Powers

44 (1) The Commission may, in relation to a complaint before it,

(a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath or solemn affirmation and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint;
(b) administer oaths and solemn affirmations;
(c) receive and accept any evidence and other information, whether on oath or solemn affirmation or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and
(d) make any examination of records and any inquiries that the Commission considers necessary.

No excuse

(2) A witness must not be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

Inadmissibility

(3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

(a) a prosecution under section 132 or 136 of the Criminal Code; or
(b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.

Restriction

(4) Despite subsection (1), the Commission must not receive or accept

(a) any answer or statement made in response to a question described in subsection (2) in any investigation with respect to any other complaint;
(b) any answer or statement made in the course of attempting to dispose of a complaint under section 31.

Witness fees

(5) Any witness, other than a member of the Canadian Forces or an employee of the Department, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.

Hearings

Hearing

45 (1) The Commission may institute a hearing to inquire into all or any part of a complaint under section 28, 37 or 40.

Notice

(2) If the Commission decides to institute a hearing under subsection (1), the Chairperson must assign one or more members of the Commission to conduct the hearing and must 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.

Notice

(3) The Commission must 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

(4) If a person on whom a notice is served wishes to appear before the Commission, the Commission must consider the convenience of that person in fixing the time and the place for the hearing.

Hearings in public

46 A hearing to inquire into a complaint must be held in public but the Commission, on its own initiative or on request, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion

(a) that information that could reasonably be expected to be injurious to national security, national defence or international relations is likely to be disclosed during the course of the hearing;
(b) that information that could reasonably be expected to be injurious to law enforcement is likely to be disclosed during the course of the hearing;
(c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, is likely to be disclosed during the course of the hearing;
(d) that information that could reasonably be expected to reveal information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege referred to in subsection 14(2), is likely to be disclosed during the course of the hearing; or
(e) that it is otherwise required by the circumstances of the case.

Rights of persons interested

47 The complainant and the person who is the subject of the complaint, and any other person who satisfies the Commission that they have a substantial and direct interest in a complaint before the Commission, must be allowed an opportunity, personally or by legal counsel, to present evidence, examine witnesses and make representations at the hearing.

Expenses

48 Travel and living expenses incurred in appearing before the Commission must, in the discretion of the 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 legal counsel, if the Commission holds a hearing at a place in Canada that is not their ordinary place of residence.

Delay of hearing

49 If the complaint relates to a 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.

Reports

Notice of action

50 (1) Within 60 days after the day on which the person receives a report under subsection 33(2) or section 39 or 43, or any longer period that the Chairperson may allow, the person to whom a recommendation is made must notify in writing the Commission of any action that has been or will be taken to implement the recommendation and, if it does not intend to implement it, the reasons for not doing so.

Notice of progress

(2) When a person has notified the Commission that they intend to implement a recommendation, the person must send to the Commission, every six months after sending the notice referred to subsection (1) and until the recommendation is implemented, a notice in writing of the progress that has been made towards the implementation of the recommendation.

Final report by Commission

51 (1) Within 60 days after the day on which the Commission receives all of the notices referred to in subsection 50(1), the Commission must prepare a final report in writing setting out the Commission’s findings and recommendations with respect to the complaint.

Recipients of report

(2) A copy of the final report must 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 Commission that they have a substantial and direct interest in the complaint.

Return of documents and things

52 Any document or thing that a person produced to the Commission must, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report.

General

Attendance of witnesses, etc.

53 (1) Every person commits an offence punishable on summary conviction who

(a) on being duly summoned as a witness or otherwise under this Act, fails to attend;
(b) being in attendance as a witness in any proceeding,
- (i) refuses to take an oath or solemn affirmation required of them,
- (ii) refuses to produce any document or thing in their possession or under their control that is required to be produced by them, or
- (iii) refuses to answer any question;
(c) at any proceeding uses insulting or threatening language or causes any interference or disturbance; or
(d) without lawful justification or excuse, prints or publishes observations or uses words in relation to an ongoing proceeding with intent to dissuade a witness in any proceeding from testifying.

Punishment

(2) Every person who is found guilty of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Offences — harassment, obstruction, destroying documents etc.

54 (1) A person must not

(a) harass, intimidate or threaten any individual with the intent to compel that other individual to abstain from making a complaint under this Act;
(b) harass, intimidate or threaten
- (i) an individual who makes a complaint under this Act,
- (ii) an individual at whom the conduct that is the subject of a complaint made under this Act was directed,
- (iii) an individual whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under this Act, or
- (iv) an individual who is exercising any power or performing any duty or function under this Act;
(c) wilfully obstruct an individual who is exercising any power or performing any duty or function under this Act, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;
(d) destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint or review made under this Act; or
(e) direct, counsel or cause, in any manner, any individual to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any individual that they do anything mentioned in any of those paragraphs.

Punishment

(2) Every person who contravenes subsection (1) commits an offence and is

(a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Offence — failure to comply

55 (1) Every person who fails to comply with subsection 18(1) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

Defence

(2) No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence.

Limitation period

56 Summary conviction proceedings in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose.

Independent Review

57 (1) Within five years after the day on which this section comes into force, and within every seven-year period after the tabling of a report under this subsection, the Minister must cause an independent review of the provisions and operation of this Act to be conducted.

Report to Parliament

(2) The Minister must cause the report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed.

Transitional Provisions

Definitions

58 (1) The following definitions apply in this section.

former Commission means the Military Police Complaints Commission established by subsection 250.1(1) of the National Defence Act. (ancienne Commission)

new Commission means the Commission. (nouvelle Commission)

Members of former Commission

(2) The persons who hold office as Chairperson or member of the former Commission immediately before the day on which subsection 3(1) comes into force continue in office as the Chairperson or member, respectively, of the new Commission for the remainder of the terms for which they were appointed.

Employees

(3) Nothing in this Act is to be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the day on which this section comes into force, occupied a position in the former Commission, except that the employee, as of that day, occupies their position in the new Commission.

Transfer of appropriations

(4) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Commission.

Rights and obligations transferred

(5) All rights and property of the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

References

(6) Every reference to the former Commission in any document executed or signed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.

Continuation of proceedings

(7) Any action, suit or other legal or administrative proceeding to which the former Commission is a party that is pending immediately before the day on the day on which this section comes into force may be continued by or against the new Commission in the same manner and to the same extent as it would have been continued by or against the former Commission.

Complaints

(8) Any complaint made under section 250.18 or 250.19 of the National Defence Act as they read immediately before the day on which this section comes into force that has not been disposed of or resolved by the Provost Marshal or the former Commission, as the case may be, before that day may be disposed of or resolved by the Provost Marshal or the new Commission, as the case may be, in accordance with the provisions of this Act.

Review

(9) Any complaint referred to the former Commission under section 250.31 of the National Defence Act as it read immediately before the day on which this section comes into force that has not been disposed of or resolved by the former Commission before that day may be disposed of or resolved by the new Commission in accordance with the provisions of this Act.

Complaints

(10) Complaints may be made under sections 20, 21 and 25 regardless of whether the event giving rise to the complaint occurred before, on or after the day on which this section comes into force.

First report

59 The first report that the new Commission submits under subsections 13(1) must include information in respect of any period for which the former Commission has not yet submitted a report under subsection 250.17(1) of the National Defence Act, as it read immediately before the day on which this section comes into force.

Consequential Amendments

Access to Information Act

60 Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

Military Police Complaints Commission

Commission d’examen des plaintes concernant la police militaire

61 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Independent Complaints Commission for the Military Police

Commission indépendante d’examen des plaintes concernant la police militaire

Canada Evidence Act

62 The schedule to the Canada Evidence Act is amended by adding the following after item 23:

24 The Independent Complaints Commission for the Military Police, for the purposes of the Independent Complaints Commission for the Military Police Act, but only in relation to information that is under the control, or in the possession, of the Department of National Defence or the Canadian Forces, as the case may be.

Financial Administration Act

63 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

Military Police Complaints Commission

Commission d’examen des plaintes concernant la police militaire

and the corresponding reference in column II to ‘‘Minister of National Defence’’.

64 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

Independent Complaints Commission for the Military Police

Commission indépendante d’examen des plaintes concernant la police militaire

and a corresponding reference in column II to ‘‘Minister of National Defence’’.

65 Schedule IV to the Act is amended by striking out the following:

Military Police Complaints Commission

Commission d’examen des plaintes concernant la police militaire

66 Schedule IV to the Act is amended by adding the following in alphabetical order:

Independent Complaints Commission for the Military Police

Commission indépendante d’examen des plaintes concernant la police militaire

67 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

Military Police Complaints Commission

Commission d’examen des plaintes concernant la police militaire

and the corresponding reference in column II to ‘‘Chairperson’’.

68 Part III of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

Independent Complaints Commission for the Military Police

Commission indépendante d’examen des plaintes concernant la police militaire

and a corresponding reference in column II to ‘‘Chairperson’’.

National Defence Act

69 Subsection 118(1) of the National Defence Act is replaced by the following:

Definition of tribunal

118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.

70 The headings before section 250 and sections 250 to 250.53 of the Act are repealed.

71 Section 251.2 of the Act is replaced by the following:

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 Grievances Committee, the Military Judges Inquiry Committee, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations 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.

72 Paragraph 273.601(1)(c) of the Act is replaced by the following:

(c) Part III; and

73 Section 302 of the Act is replaced by the following:

Offences of contempt

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

(a) on being duly summoned as a witness under Part II or III makes default in attending;
(b) being in attendance as a witness in any proceeding under Part II or III,
- (i) refuses to take an oath or make a solemn affirmation legally required of that person,
- (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or
- (iii) refuses to answer any question that requires an answer;
(c) at any proceeding under Part II or III, uses insulting or threatening language or causes any interference or disturbance;
(d) prints observations or uses words likely to bring a proceeding under Part II or III into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or
(e) displays contempt, in any other manner whatever, at any proceeding under Part II or III.

Privacy Act

74 The schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

Military Police Complaints Commission

Commission d’examen des plaintes concernant la police militaire

75 The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

Independent Complaints Commission for the Military Police

Commission indépendante d’examen des plaintes concernant la police militaire

Privacy Regulations

76 Schedule II f the Privacy Regulations is amended by adding the following after item 6.01:

6.02 Independent Complaints Commission for the Military Police

Coming into force

30th day after royal assent

77 This Act comes into force on the 30th day after the day on which it receives royal assent.

Date modified:: 2025-03-21