QR&Os: Volume IV - Appendix 7.2 Complaints About the Conduct of Members of the Military Police Regulations

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NATIONAL DEFENCE ACT

Complaints About the Conduct of Members of the Military Police Regulations

P.C. 1999-2065 18 November 1999

Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to subsections 12(1), 250.18(1) and 250.27(2) of the National Defence Act, hereby makes the annexed Complaints About the Conduct of Members of the Military Police Regulations.

INTERPRETATION

1. In these Regulations,

"Act" (Loi)
means the National Defence Act.

POLICING DUTIES AND FUNCTIONS

2. (1) For purposes of subsection 250.18(1) of the Act, any of the following, if performed by a member of the military police, are policing duties or functions:

  1. the conduct of an investigation;
  2. the rendering of assistance to the public;
  3. the execution of a warrant or another judicial process;
  4. the handling of evidence;
  5. the laying of a charge;
  6. attendance at a judicial proceeding;
  7. the enforcement of laws;
  8. responding to a complaint; and
  9. the arrest or custody of a person.

(2) For greater certainty, a duty or function performed by a member of the military police that relates to administration, training, or military operations that result from established military custom or practice, is not a policing duty or function.

WHEN NO INFORMAL RESOLUTION

3. Subsection 250.27(1) of the Act does not apply to a conduct complaint of any of the following types:

  1. excessive use of force;
  2. corruption;
  3. the commission of a service or civil offence;
  4. policies of the Canadian Forces Military Police;
  5. the arrest of a person;
  6. perjury;
  7. abuse of authority; or
  8. conduct that results in injury.

COMING INTO FORCE

4. These Regulations come into force on December 1, 1999.