Canada Gazette, Part I, Volume 158, Number 17: Rules of Practice and Procedure of the Chief Military Judge

April 27, 2024

Statutory authority
National Defence Act

Sponsoring department
Department of National Defence

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

The current administrative Court Martial Rules of Practice provide direction to parties and set out procedures that promote consistency and enhance the fairness, transparency, and efficiency of court martial proceedings as well as any other proceedings held before military judges. The current Court Martial Rules of Practice, promulgated by a former Chief Military Judge in 2002, are administrative in nature and although they have been the norm for years, they are not legally enforceable. More specifically, the requirement for military judges to negotiate their own rules of practice and procedure with the counsel appearing before them clearly goes against the principle of judicial independence. It is for this reason that the current administrative rules must be replaced by a regulation that is more comprehensive as well as authoritative and enforceable.

Background

In the report of the first independent review of Bill C-25 (PDF) [S.C. 1998, c. 35], made in 2003 by former Chief Justice Lamer of the Supreme Court of Canada, the Court Martial Rules of Practice are described as being “a voluntary agreement between the Office of the Chief Military Judge, the Canadian Military Prosecution Service and the Office of the DDCS [Director of Defence Counsel Services]. This practice leaves military judges in the uncomfortable position of having to negotiate their own Rules with the consent of those appearing before the bench.” Chief Justice Lamer’s description is still valid today, i.e. the lack of legal enforceability of these administrative rules means that there is no guarantee of consistency of practice and procedures between proceedings, leaving the individual court martial vulnerable to challenges on the grounds of bias and lack of independence.

In June 2013, Parliament passed (ARCHIVED) Bill C-15 (S.C. 2013, c. 24), a comprehensive legislation entitled Strengthening Military Justice in the Defence of Canada Act. Bill C-15 included an enabling authority (contained in clause 45 of Bill C-15 and now section 165.3 of the National Defence Act) authorizing the Chief Military Judge to make rules of practice and procedure. This provision that came into force on royal assent of the Bill, on June 19, 2013, empowers the Chief Military Judge, with the approval of the Governor in Council, and after consultation with the Court Martial Rules Committee (the Committee), to make rules with respect to the subject matters specified at section 165.3 of the National Defence Act.

Justice Morris J. Fish, the Third Independent Review Authority, whose mandate was to review statutory and regulatory provisions, and administrative policies and practices, relating to the military justice system, in his April 30, 2021, report to the Minister of National Defence, recommended that “the rules of practice and procedure of the Chief Military Judge under section 165.3 of the National Defence Act should be enacted by the Governor in Council as soon as possible. The Canadian Armed Forces and the Department of National Defence should prioritize their enactment to meet this objective.” Consequently, the proposed regulatory initiative would correct these deficiencies and regularize a practice already in place.

Objective

The objective of the proposed Rules of Practice and Procedure of the Chief Military Judge (the proposed Rules) is to enhance the impartiality and judicial independence of the court martial and the military judges, improve the administration of military justice, and reduce procedural delays at courts martial by mandating in regulations existing procedures applicable at courts martial and at other proceedings before military judges. In doing so, the proposed Rules also give support to the principle of judicial independence.

Description

The proposed Rules would apply to all proceedings under the National Defence Act that are presided over by a military judge and would set out detailed practices and procedures to be followed by parties appearing before military judges. In particular, the proposed Rules would deal with matters pertaining to the following.

Citation of statutes, regulations, and other authorities

Service of documents

Coordinating and pre-trial conferences held by military judges

Requests for interpreter services

Applications to military judges, including written reply to applications and withdrawals of applications

Substitution of prosecutor

Withdrawal of counsel for accused person

Public access to exhibits, documents and other things

Regulatory development

Consultation

During the development of the proposed Rules, the Department of National Defence consulted extensively with representatives of the Committee composed of the following members: the Chief Military Judge, one military judge designated by the Chief Military Judge, the Director of Military Prosecutions or his or her legal officer designate, the Director of Defence Counsel Services or his or her legal officer designate, the Judge Advocate General or his or her legal officer designate and the Court Martial Administrator. The views and recommendations of the Committee were considered and incorporated in the proposed Rules.

Additionally, on February 21, 2020, members of the Committee were formally consulted with a view to incorporate a provision into the draft proposed Rules dealing with requests for interpreters. After considering the issue, all members of the Committee agreed to add to the proposed Rules a provision that should facilitate requests made by the prosecutors and defence counsel for interpreter services.

Modern treaty obligations and Indigenous engagement and consultation

As required by the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted on the proposal. The assessment did not identify any modern treaty implications or obligations.

Instrument choice

To achieve the objective of legally enforceable court martial rules, the proposed Rules are necessary. Maintaining the status quo was not considered to be a viable option, as this would not allow courts martial to uniformly deal with procedural issues.

Regulatory analysis

Costs and benefits

There are no costs associated with this regulatory proposal, as the proposed Rules would merely be a codification of procedures already in place.

Mandating the existing procedures in regulations would make the parties more accountable during the process leading to a trial, as well as during the trial and other proceedings (e.g. coordinating and pre-trial conferences with the parties). The efficiency of the procedures in question would be improved through the enforceability of clear and specific timelines. Efficiencies gained through the application of the proposed Rules would result in savings due to reduced delays.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

One-for-one rule

The one-for-one rule does not apply to this proposal, as there is no change in administrative costs to business.

Regulatory cooperation and alignment

The proposed Rules are not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan was conducted and it was concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

A preliminary consideration of gender-based analysis plus (GBA+) implications did not highlight any significant impacts. All accused persons are treated in accordance with the law, including the Canadian Charter of Rights and Freedoms. Therefore, no GBA+ impacts have been identified for this proposal.

Implementation, compliance and enforcement, and service standards

The proposed Rules would come into force on the day on which they are published in the Canada Gazette, Part II. As the proposed Rules would merely codify existing practices and would continue to be enforced by the presiding military judges officiating at a court martial and other judicial proceedings, no change to existing implementation and enforcement procedures would be necessary.

Coordination activities to ensure the effective and efficient implementation of the proposed Rules would include prior notification of the coming into force of the Rules being provided to the Director of Military Prosecutions, the Director of Defence Counsel Services, the Judge Advocate General, and the military judiciary.

Contact

Trevor McLeod
Senior Counsel
Office of the Chief Military Judge
Department of National Defence
101 Colonel By Drive
Ottawa, Ontario
K1A 0K2
Email: dnd.cma-acm.mdn@forces.gc.ca
Telephone: 819‑994‑7438
Fax: 819‑997‑6321

PROPOSED REGULATORY TEXT

Notice is given that the Chief Military Judge proposes to make the annexed Rules of Practice and Procedure of the Chief Military Judge, subject to the approval of the Governor in Council, under section 165.3footnote a of the National Defence Act footnote b.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Trevor McLeod, Senior Counsel, Office of the Chief Military Judge, Department of National Defence, 101 Colonel By Drive, Ottawa, ON K1A 0K2 (tel.: 819‑994‑7438; fax: 819‑997‑6321; email: dnd.cma-acm.mdn@forces.gc.ca).

Ottawa, April 18, 2024

Wendy Nixon
Assistant Clerk of the Privy Council

Rules of Practice and Procedure of the Chief Military Judge

Scope of Application

Proceedings under National Defence Act

1 These Rules apply to all proceedings under the National Defence Act that are presided over by a military judge.

Definitions

Definitions

2 The following definitions apply in these Rules.

Act
means the National Defence Act. (Loi)
counsel
means a barrister or advocate with standing at the bar of a province. (avocat)
Court Martial Administrator
means the person appointed under section 165.18 of the Act. (administrateur de la cour martiale)
party
means the prosecutor, the accused person or any other person who is designated as a party to the proceeding. (partie)
Queen’s Regulations and Orders
means the Queen’s Regulations and Orders for the Canadian Forces. (Ordonnances et règlements royaux)

Citation of Statutes, Regulations and Other Authorities

Authorities to be provided

3 (1) A party who intends to rely on statutes, regulations or other authorities in any oral or written argument in a proceeding must provide a copy of them to every other party and to the presiding military judge.

Exception

(2) Despite subsection (1), a party is not required to provide a copy of the Constitution Act, 1982, the National Defence Act, the Criminal Code, the Canada Evidence Act or the Controlled Drugs and Substances Act.

Indicating relevant portions

(3) The party must indicate the relevant portions of each statute, regulation or authority by highlighting them or by placing a vertical line in the margin next to them.

Decision on electronic database

(4) If the party intends to rely on a decision that is publicly available on an electronic database, every reference to that decision in their arguments must be to the decision as published on that database.

Service of Documents

General

Means

4 Service of a document must be effected by personal service, registered mail, fax or email.

When service is effective

5 Service of a document is effective

Service by Fax

Format

6 A document that is served by fax must be printed on letter size paper.

Over 50 pages

7 A document that is more than 50 pages in length must not be served by fax without the recipient’s prior consent.

Cover sheet

8 A document that is served by fax must have a cover sheet that sets out the following information:

Service by Email

Consent required

9 A party must not serve a document by email until the recipient gives consent in accordance with section 10 or after the recipient withdraws that consent in accordance with section 11.

Consent to service by email

10 (1) Subject to subsection (2), a party consents to the service of documents by email by providing the Court Martial Administrator with a consent to service by email as set out in Form 1 of the schedule and serving it on every other party.

Exception

(2) Counsel appointed by either the Director of Military Prosecutions or the Director of Defence Counsel Services is deemed to have given prior consent to be served with documents by email, however, that consent may be withdrawn in accordance with section 11.

When consent is effective

(3) The consent is effective on the day on which the Form 1 is served.

Withdrawal of consent

11 (1) A party withdraws their consent to the service of documents by email by providing the Court Martial Administrator with a withdrawal of consent to service by email as set out in Form 2 of the schedule and serving it on every other party.

When withdrawal is effective

(2) The withdrawal of consent is effective on the day on which the Form 2 is served.

Requirements

12 A document that is served by email must be in PDF (Portable Document Format) and the email to which the document is attached must set out the following information:

Proof of Service

When proof of service required

13 A party must provide proof of service of a document in accordance with subsection 14(1) if it is expressly required to be provided by these Rules or if the presiding military judge, having determined that it is necessary for the party to prove that service of the document occurred, directs the party to provide proof of service.

Proof of service

14 (1) Service of a document is proven by

Delivery and confirmation receipts

(2) If a document is served by registered mail, fax or email, a certificate of service for that document must be accompanied by one of the following documents, as the case may be,

No further proof required

(3) Despite these Rules, a party is not required to provide proof of service for a document if an acknowledgment or acceptance of service of the document is provided under paragraph 1(d).

Custody Review Hearing

Representative of the Canadian Forces

15 In sections 16 to 18, representative of the Canadian Forces has the same meaning as in paragraph 105.27(1) of the Queen’s Regulations and Orders.

Notice of release by custody review officer

16 If the custody review officer referred to in section 158.2 of the Act does not direct that the person in custody be released, the representative of the Canadian Forces must notify the Court Martial Administrator of that decision as soon as practicable after it is made.

Information provided by custody review officer

17 For the purpose of a hearing referred to in section 159 of the Act, the custody review officer must, by the most rapid and practical means, provide the representative of the Canadian Forces, the person in custody and the Court Martial Administrator with the following information:

Alternate means of hearing — information and documents

18 (1) If the military judge directs that the custody review hearing be held, in whole or in part, by means of a telecommunications device, the parties must provide information and documents to the Court Martial Administrator as follows:

Time limit

(2) The information and documents must be provided no later than the day before the day on which the hearing is scheduled to be held.

Coordinating Conference

Matters to be discussed

19 (1) In the case of a court martial there must be a coordinating conference, held between the parties and the military judge that is assigned for that purpose, in order to schedule the trial and to discuss any matters that may impact its duration.

Scheduling the conference

(2) The Court Martial Administrator must contact the parties to schedule the coordinating conference no later than 45 days after the day on which the Court Martial Administrator receives the charge sheet that is referred to in subsection 165(2) of the Act. However, if the proceeding is one in which the accused person may choose the type of court martial under section 165.193 of the Act, the time period begins on the later of

Holding the conference

(3) The coordinating conference must be held no later than 15 days after the day on which the parties are contacted under subsection (2).

Means

(4) The coordinating conference is to be held by telephone unless, after consultation with the parties, the military judge directs that it be held by means of any other telecommunications device or in person.

Pre-trial Conference

Direction

20 (1) The presiding military judge may, at the request of a party or on his or her own initiative, direct that a pre-trial conference be held.

Matters to be discussed

(2) At a pre-trial conference, the parties must be prepared to discuss matters of law or evidence that are at issue in the trial or any other matter that could facilitate the trial.

Means

(3) A pre-trial conference is to be held by telephone unless, after consultation with the parties, the presiding military judge directs that the conference be held by means of any other telecommunications device or in person.

Interpreter

Written request

21 A request by a party under the Official Languages Act for an interpreter at the hearing of a court martial or any other proceeding before a military judge must be provided in writing to the Court Martial Administrator as soon as is practicable before the hearing begins.

Applications

Form

22 (1) Subject to subsections (2) and (3), each application that is made under the Act and each notice that is given in respect of an application referred to in paragraph 112.04(1) of the Queen’s Regulations and Orders must be made as set out in Form 4 of the schedule.

Plea of guilty

(2) An application for a plea of guilty under subsection 189.1(2) of the Act must be made as set out in Form 5 of the schedule.

Withdrawal of counsel

(3) An application to withdraw as counsel for the accused person must be made in accordance with section 29.

Applications — general

23 (1) An application, other than one for which notice is given under paragraph 112.04(1) of the Queen’s Regulations and Orders, must contain the following information:

Time limit

(2) The application must be served on every other party and a copy of the application, together with proof of service, must be provided to the Court Martial Administrator no later than five days before the day on which the hearing is proposed to be held.

Applications referred to in Queen’s Regulations and Orders

24 (1) Notice that is given in respect of an application referred to in paragraph 112.04(1) of the Queen’s Regulations and Orders must contain the following information in addition to that required under paragraph 112.04(2) of the Queen’s Regulations and Orders:

Copy to Court Martial Administrator

(2) Subject to subsection (3) and in addition to the requirements of paragraph 112.04(1) of the Queen’s Regulations and Orders, a copy of the notice must be provided to the Court Martial Administrator no later than five days before the day on which the hearing is proposed to be held.

Plea of guilty

(3) In addition to the requirements of paragraph 112.04(1) of the Queen’s Regulations and Orders, notice that is given in respect of an application for a plea of guilty under subsection 189.1(2) of the Act must be served on the prosecutor and a copy of it provided to the Court Martial Administrator no later than five days before the day on which the accused person is ordered to appear before the court martial.

Written reply to application

25 (1) A respondent who makes a written reply to an application must make the reply as set out in Form 6 of the schedule and set out the following information:

Time limit

(2) The reply must be provided to the Court Martial Administrator and every other party no later than the day before the day on which the application is scheduled to be heard.

Withdrawal of application

26 An applicant who seeks to withdraw their application before it is heard must

Substitution of Prosecutor

Written notice required

27 If the Director of Military Prosecutions substitutes the prosecutor in a proceeding, the Director must provide the Court Martial Administrator with written notice of the substitution as soon as possible after it occurs.

Withdrawal of Counsel for Accused Person

Notice of withdrawal

28 If counsel for the accused withdraws from the proceeding before the court martial is convened, they must

Application to withdraw

29 (1) Unless the presiding military judge directs otherwise, if counsel for the accused person seeks to withdraw from the proceeding after the court martial is convened, they must provide the Court Martial Administrator with an application to withdraw as counsel for the accused person, as set out in Form 9 of the schedule, that sets out the following information:

Time limits

(2) Counsel for the accused person must

Written reply to application

(3) A respondent who makes a written reply to an application referred in this section must make the reply in accordance with section 25.

Public Access to Exhibits, Documents and Other Things

Access request — ongoing proceeding

30 (1) A member of the public may make a request to the presiding military judge for access to an exhibit, document or other thing connected with an ongoing proceeding, other than information relating to a warrant that is subject to section 196.25 of the Act.

Request to court reporter

(2) The request must be made as set out in Form 10 of the schedule and be provided to the court reporter.

Granting access

(3) Subject to any conditions that the presiding military judge considers just, the judge must grant access to an exhibit, document or other thing requested under subsection (1) if, after taking the public interest in open and accessible court proceedings into account, the judge concludes that access will not subvert the ends of justice or unduly impair its proper administration.

Coming into Force

Canada Gazette, Part II

31 These Rules come into force on the day on which they are published in the Canada Gazette, Part II.

SCHEDULE

(Subsections 10(1) and (3), section 11, paragraph 14(1)(a), subsections 22(1) and (2) and 25(1), paragraphs 26(a) and 28(a) and subsections 29(1) and 30(2))

FORM 1

(Subsections 10(1) and (3))

Consent to Service by Email

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Consent to Service by Email

I, (state service number and rank, if applicable, and name of person), give consent to be served by email with any document in relation to this proceeding.

A document may be served by email sent to the following email address: (Set out email address to which documents may be served.)

(Date)

(Signature of accused person or their counsel)
(Name, address, telephone and fax numbers and email address of accused person or their counsel)

FORM 2

(Section 11)

Withdrawal of Consent to Service by Email

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Withdrawal of Consent to Service by Email

(Select applicable statement.)

I, (state service number and rank, if applicable, and name), withdraw consent, as given in the Form 1 dated , to be served by email with any document in relation to this proceeding.

I, , counsel appointed by (state Director of Military Prosecutions or Director of Defence Counsel Services, as applicable), withdraw consent to be served by email with any document in relation to this proceeding.

(Date)

(Signature)
(Name, address, telephone and fax numbers and email address)

FORM 3

(Paragraph 14(1)(a))

Certificate of Service

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Certificate of Service

I, (state service number and rank, if applicable, and name), served (state rank, if applicable, and name) with a copy of (identify document served) at (time) on (date).

Service of the document was effected by (select means of service):

(Include following paragraph if document was served by registered mail, fax or email.)

Attached to this certificate is (select attached documents):

(Date)

(Signature)
(Name, address, telephone and fax numbers and email address)

FORM 4

(Subsection 22(1))

Notice of Application

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Application

The applicant, (state name), will make an application before the presiding military judge in the court martial of (state name of accused person).

The applicant makes an application for: (State, in detail, nature of application and relief sought.)

The grounds for the application are: (State grounds, including any rule or statutory or regulatory provision relied on.)

The applicant intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The applicant estimates that a period of (state period of time) will be required to present the application.

The applicant proposes that the application be heard at (time) on (date) and that it be held (indicate whether hearing is proposed to be held in person or by telephone, video conference or other means).

(Insert following sentence if hearing is proposed to be held by video conference.)

The applicant requests video conference connections between the following locations: (State locations.)

(Date)

(Signature of applicant or their counsel)
(Name, address, telephone and fax numbers and email address of applicant or their counsel)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

FORM 5

(Subsection 22(2))

Application for Plea of Guilty

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Application for Plea of Guilty

The accused person, (state service number and rank, if applicable, and name), under subsection 189.1(2) of the National Defence Act, makes an application to (state name of military judge assigned to preside at court martial) to receive the accused person’s plea of guilty in respect of the following charges: (Indicate charges.)

(Date)

(Signature of accused person or their counsel)
(Name, address, telephone and fax numbers and email address of accused person or their counsel)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of representative of Directory of Military Prosecutions.)

FORM 6

(Subsection 25(1))

Reply to Application

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Reply to Application

The respondent, (state name), makes this reply to the application of (state name of applicant) in the court martial of (state service number and rank, if applicable, and name of accused person), dated , 20.

The respondent’s position with respect to the matters raised in the application is the following: (Indicate matters at issue and grounds for argument and matters which respondent does not dispute.)

The respondent intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The respondent estimates that a period of (state period of time) will be required to present their reply to the application.

(Date)

(Signature of respondent or their counsel)
(Name, address, telephone and fax numbers and email address of respondent or their counsel)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

FORM 7

(Paragraph 26(a))

Notice of Withdrawal of Application

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Withdrawal of Application

The applicant, (state name), withdraws the application made in respect of the court martial of (state service number and rank, if applicable, and name of accused person) and dated , 20.

The application was for: (State, in brief, nature of application and of relief sought.)

(Date)

(Signature of applicant or their counsel)
(Name, address, telephone and fax numbers and email address of applicant or their counsel)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name and address of every other party.)

FORM 8

(Paragraph 28(a))

Notice of Withdrawal of Counsel for Accused Person

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Notice of Withdrawal of Counsel for Accused Person

I, (state rank, if applicable, and name of counsel for accused person), withdraw as counsel for the accused person in the above-named court martial.

(Select one of the following as applicable.)

☐ I do not know how the accused intends to be represented after my withdrawal.

After my withdrawal, the accused will be:

(Date)

(Signature of counsel)
(Name, address, telephone and fax numbers and email address of counsel)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of the accused person and the Director of Military Prosecutions.)

FORM 9

(Subsection 29(1))

Application to Withdraw as Counsel for Accused Person

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

I, (state rank, if applicable, and name of counsel for accused person), apply to withdraw as counsel for the accused person in the above-named court martial, which was convened on (date).

I am applying to withdraw as counsel for the accused person for the following reasons: (State reasons.)

The applicant intends to present the following materials at the hearing: (List all documentary, affidavit or other evidence intended to be presented.)

The applicant estimates that a period of (state period of time) will be required to present the application.

The applicant proposes that the application be heard at (time) on (date) and that it be held (indicate whether hearing is proposed to be held in person or by telephone, video conference or other means).

(Insert following sentence if hearing is proposed to be held by video conference.)

The applicant requests video conference connections between the following locations: (State locations.)

(Date)

(Signature of applicant)
(Name, address, telephone and fax numbers and email address of applicant)

TO: THE COURT MARTIAL ADMINISTRATOR

AND TO: (State name of the accused person, the Director of Military Prosecutions, every other party to the proceeding and, if applicable, the Director of Defence Counsel Services.)

FORM 10

(Subsection 30(2))

Request for Access to Exhibits, Documents and Other Things

(State type of court martial.)

BETWEEN:

HIS MAJESTY THE KING

and

(State service number and rank, if applicable, and name of accused person.)

Request for Access to Exhibits, Documents and Other Things

I, (state name), request access to the following exhibits, documents and other things related to the ongoing proceeding respecting (state name of accused person):

(Specify exhibits, documents, and other things for which access is requested.)

(Date)

(Signature of person making request)
(Name, address, telephone and fax numbers and email address of person)

Terms of use and Privacy notice

Terms of use

It is your responsibility to ensure that the comments you provide do not:

  • contain personal information
  • contain protected or classified information of the Government of Canada
  • express or incite discrimination on the basis of race, sex, religion, sexual orientation or against any other group protected under the Canadian Human Rights Act or the Canadian Charter of Rights and Freedoms
  • contain hateful, defamatory, or obscene language
  • contain threatening, violent, intimidating or harassing language
  • contain language contrary to any federal, provincial or territorial laws of Canada
  • constitute impersonation, advertising or spam
  • encourage or incite any criminal activity
  • contain external links
  • contain a language other than English or French
  • otherwise violate this notice

The federal institution managing the proposed regulatory change retains the right to review and remove personal information, hate speech, or other information deemed inappropriate for public posting as listed above.

Confidential Business Information should only be posted in the specific Confidential Business Information text box. In general, Confidential Business Information includes information that (i) is not publicly available, (ii) is treated in a confidential manner by the person to whose business the information relates, and (iii) has actual or potential economic value to the person or their competitors because it is not publicly available and whose disclosure would result in financial loss to the person or a material gain to their competitors. Comments that you provide in the Confidential Business Information section that satisfy this description will not be made publicly available. The federal institution managing the proposed regulatory change retains the right to post the comment publicly if it is not deemed to be Confidential Business Information.

Your comments will be posted on the Canada Gazette website for public review. However, you have the right to submit your comments anonymously. If you choose to remain anonymous, your comments will be made public and attributed to an anonymous individual. No other information about you will be made publicly available.

Comments will remain posted on the Canada Gazette website for at least 10 years.

Please note that public email is not secure, if the attachment you wish to send contains sensitive information, please contact the departmental email to discuss ways in which you can transmit sensitive information.

Privacy notice

The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.

Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.

Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.

You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.

You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.

The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.