SOR/2000-14199912

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20196

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NATIONAL DEFENCE ACTMilitary Police Professional Code of ConductP.C.1999-2213199912

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Her Excellency the Governor General in Council, on the recommendation of the Minister of National Defence, pursuant to section 13.1a of the National Defence Act, hereby makes the annexed Military Police Professional Code of Conduct.aS.C. 1998, c. 35, s. 5Interpretation

1In this Code, Act means the National Defence Act.

2The provisions of this Code shall be interpreted as being in addition to, and not in derogation of, any power, jurisdiction or authority that may be exercised under the Act or any other Act of Parliament.

Application

3This Code applies to officers and non-commissioned members who are appointed as military police under regulations for the purposes of section 156 of the Act.

Prohibitions

4No member of the military police shall(a)knowingly, without good cause, supervise or carry out an arrest, a detention, a search or surveillance that is unlawful;(b)knowingly, without good cause, fail to report an arrest, a detention, a search or surveillance that is, or can reasonably be considered, unlawful;(c)knowingly use, or permit or direct the use of, excessive force on any person;(d)while carrying out their duties, act in a discriminatory or discourteous manner towards any person;(e)intimidate, or retaliate against, any person who makes a report or complaint about the conduct of a member of the military police;(f)unlawfully discharge a weapon;(g)use a weapon in a dangerous or negligent manner;(h)knowingly suppress, misrepresent or falsify information in a report or statement;(i)knowingly and improperly interfere with the conduct of any investigation;(j)use military police information, military police resources or their status as a member of the military police for a private or another unauthorized purpose;(k)disclose military police information unless authorized; or(l)engage in conduct that is likely to discredit the military police or that calls into question the member’s ability to carry out their duties in a faithful and impartial manner.

Presumed Discredit

5A member of the military police is presumed to discredit the military police if the member is convicted of(a)an offence under the Act, other than an offence tried at a summary trial for which a minor punishment or a fine of not more than 25% of basic monthly pay has been imposed; or(b)an indictable offence, or an offence punishable on summary conviction, under any other Act of Parliament or the legislature of a province.

Duty to Report

6A member of the military police shall report to their superior in the military police chain of command any incident for which they have been charged with an offence under the Act or any other Act of Parliament or the legislature of a province.

7A member of the military police who believes, or is aware of an allegation, that another member of the military police has breached this Code shall report the belief or allegation, as the case may be, to(a)their superior in the military police chain of command; or(b)the next superior in the military police chain of command, if the superior referred to in paragraph (a) is the subject of the belief or allegation.

Duty to Cooperate

8(1)No member of the military police is excused from responding to any question relating to an investigation into a breach of this Code, unless the member is(a)the subject of the investigation; or(b)the assisting officer for another member of the military police who is the subject of the investigation.(2)A response given by a member of the military police under subsection (1) shall not be used against the interests of the member by the Military Police Credentials Review Board established under Chapter 22 of the Queen’s Regulations and Orders for the Canadian Forces.

Coming into Force

9This Code comes into force on the day on which they are registered.