Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the National Defence Act and other Acts”.
This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
In response to those reports, the enactment amends that Act to, among other things,
(a) modify the process for appointing the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services with a view to enhancing their independence;
(b) affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system in the exercise of the Judge Advocate General’s superintendence of the administration of military justice;
(c) remove the court martial’s jurisdiction to try a person in relation to an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(d) remove the Canadian Armed Forces’ authority to investigate an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(e) expand the class of persons who are eligible to be appointed as a military judge;
(f) expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal’s supervision must make such a complaint in certain circumstances; and
(g) change the title of the Canadian Forces Provost Marshal to the Provost Marshal General.
In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim may request that a victim’s liaison officer be appointed to assist them.
It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.
Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.
First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
An Act to amend the National Defence Act and other Acts
|
FIRST READING, March 21, 2024
|
MINISTER OF NATIONAL DEFENCE |
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the National Defence Act and other Acts”.
This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
In response to those reports, the enactment amends that Act to, among other things,
(a) modify the process for appointing the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services with a view to enhancing their independence;
(b) affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system in the exercise of the Judge Advocate General’s superintendence of the administration of military justice;
(c) remove the court martial’s jurisdiction to try a person in relation to an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(d) remove the Canadian Armed Forces’ authority to investigate an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(e) expand the class of persons who are eligible to be appointed as a military judge;
(f) expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal’s supervision must make such a complaint in certain circumstances; and
(g) change the title of the Canadian Forces Provost Marshal to the Provost Marshal General.
In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim may request that a victim’s liaison officer be appointed to assist them.
It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.
Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.
Available on the House of Commons website at the following address:
www.ourcommons.ca
|
1st Session, 44th Parliament, 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 |
HOUSE OF COMMONS OF CANADA |
BILL C-66 |
An Act to amend the National Defence Act and other Acts |
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as the Military Justice System Modernization Act.
R.S., c. N-5
(a) prescribing the rates and conditions of issue of pay of military judges;
(a) the supervision of the performance of policing duties and functions;
End of inserted block(d) an offence under any of the following provisions of the Criminal Code:
(i) section 151 (sexual interference),
(ii) section 152 (invitation to sexual touching),
(iii) section 153 (sexual exploitation),
(iv) section 153.1 (sexual exploitation of person with disability),
(v) section 155 (incest),
(vi) subsection 160(1) (bestiality),
(vii) subsection 160(2) (compelling the commission of bestiality),
(viii) subsection 160(3) (bestiality in presence of or by a child),
(ix) section 162 (voyeurism),
(x) section 162.1 (publication, etc., of an intimate image without consent),
(xi) section 163.1 (child pornography),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171 (householder permitting prohibited sexual activity),
(xiv) section 171.1 (making sexually explicit material available to child),
(xv) section 172.1 (luring a child),
(xvi) section 172.2 (agreement or arrangement — sexual offence against child),
(xvii) subsection 173(2) (exposure),
(xviii) section 271 (sexual assault),
(xix) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xx) section 273 (aggravated sexual assault),
(xxi) section 273.3 (removal of a child from Canada),
(xxii) section 279.011 (trafficking — person under 18 years),
(xxiii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiv) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxv) section 286.1 (obtaining sexual services for consideration),
(xxvi) section 286.2 (material benefit from sexual services),
(xxvii) section 286.3 (procuring), and
(xxviii) section 286.4 (advertising sexual services);
(e) an offence under the Criminal Code — other than an offence referred to in paragraph (d) — that is of a sexual nature or that is committed for a sexual purpose;
(f) an offence under the Criminal Code, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (d) or (e) if it occurred on or after that day;
(g) conspiring or attempting to commit an offence referred to in any of paragraphs (d) to (f) or being an accessory after the fact to such an offence; or
(h) counselling a person to commit an offence referred to in any of paragraphs (d) to (f) if the offence is not committed.
End of inserted block(a) making an arrest in relation to the offence in accordance with Division 3 of Part III of this Act or section 494 or 495 of the Criminal Code; or
(b) if an arrest is made under paragraph (a), conducting a search incident to the arrest.
End of inserted block(a) explaining to the victim Insertion start or individual acting on their behalf Insertion end the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
(b) obtaining and transmitting to the victim Insertion start or individual acting on their behalf Insertion end information relating to a service offence that Insertion start they have Insertion end requested and to which Insertion start they have Insertion end a right under this Division.
(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
(b) administer oaths and examine any person on oath.
End of inserted block(a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
End of inserted block(a) has become incapacitated from the proper execution of that office by reason of infirmity;
(b) has committed misconduct;
(c) has failed in the proper execution of that office;
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or
(e) no longer satisfies the minimum standards and conditions of service applicable to officers.
End of inserted block(i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 162, Insertion start 162.1 Insertion end , 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347 of the Criminal Code,
a) d’aviser Insertion start dans les meilleurs délais Insertion end la victime et Insertion start tout témoin âgé Insertion end de moins de dix-huit ans de leur droit de demander l’ordonnance;
b) de rendre l’ordonnance, si le procureur de la poursuite, la victime ou Insertion start tout témoin âgé de moins de dix-huit ans Insertion end lui en fait la demande;
(c) if an order is made, as soon as feasible, inform the victim and witness who are the subject of that order of its existence and of their right to apply to revoke or vary it.
End of inserted block(c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.
End of inserted block(a) if the victim or witness is present, inquire of them if they wish to be the subject of the order;
(b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim or witness wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (5.2).
End of inserted block(a) informed the victim and the witness who are the subject of the order of its existence;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
End of inserted blockInsertion start (a) Insertion end the disclosure of information is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; Insertion start or Insertion end
(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
End of inserted blockInsertion start (a) Insertion end the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; Insertion start or Insertion end
(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
End of inserted block(a) if the victim, witness or military justice system participant is present, inquire of them if they wish to be the subject of the order;
(b) if the victim, witness or military justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or military justice system participant wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (9.2).
End of inserted block(a) informed the victim, witness and military justice system participant who are the subject of the order of its existence;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
End of inserted blockdesignated offence means a Insertion start primary Insertion end offence or a Insertion start secondary Insertion end offence. (infraction désignée)
primary offence means
(a) an offence referred to in any of paragraphs (a) to (e) of the definition primary offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction primaire)
secondary offence means
(a) an offence referred to in paragraph (a) of the definition secondary offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction secondaire)
End of inserted block(a) a sentence of imprisonment of two years or more is imposed for the designated offence or, if the sentence is in respect of more than one offence, the court martial is of the opinion that a sentence of imprisonment of two years or more is justified for the designated offence; and
(b) the victim of the designated offence is under the age of 18 years.
End of inserted block(a) was previously convicted Insertion start under section 130 in respect Insertion end of Insertion start a primary Insertion end offence or Insertion start was previously convicted under Insertion end the Criminal Code Insertion start of a primary offence, as defined Insertion end in subsection 490.011(1) of Insertion start that Act; or Insertion end
(b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
End of inserted block(a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or
(b) the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature that is to be achieved by the registration of information relating to sex offenders under that Act.
End of inserted block(a) the nature and seriousness of the designated offence;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
End of inserted block(a) for which a person is given an adult sentence, Insertion start as defined in Insertion end subsection 2(1) of the Youth Criminal Justice Act; or
(b) that is made in ordinary court, Insertion start as defined in Insertion end subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
(a) Insertion start subject to subsections (3) and (5) Insertion end , ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;
(b) Insertion start subject to subsections (3) and (5) Insertion end , ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(a) in the same proceeding, the person has been convicted of, or found not responsible on account of mental disorder for, two or more designated offences in connection with which an order under any of subsections 227.01(1) to (3) may be made; and
(b) the court martial is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
End of inserted block(a) was previously convicted of, or previously found not responsible on account of mental disorder for, an offence under section 130 in respect of a primary offence or a primary offence, as defined in subsection 490.011(1) of the Criminal Code, under that Act; or
(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
End of inserted block(a) state the designated offence that forms the basis of an order made under subsection 227.01(1) and the term of imprisonment imposed; and
(b) give reasons for a decision under subsection 227.01(3) or paragraph 227.02(3)(b).
End of inserted block(a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;
(b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the finding made, convene the court martial;
(c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose; and
(d) the court martial may issue a summons in the prescribed form to compel the attendance of the person at the hearing.
End of inserted block(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(3), (5) or ( Insertion start 6 Insertion end ).
(a) there would be no connection between continuing an order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
End of inserted blockInsertion start (b) Insertion end the impact on Insertion start the person Insertion end of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature Insertion start that is Insertion end to be achieved by the registration of information relating to sex offenders under Insertion start that Act Insertion end .
(a) the nature and seriousness of the offence that is the basis of an order or obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
End of inserted block(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
End of inserted blockInsertion start (b) Insertion end the impact on Insertion start the person Insertion end of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature Insertion start that is Insertion end to be achieved by the registration of information relating to sex offenders under the Insertion start that Act Insertion end .
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
End of inserted block(b) appeal the legality of a decision made under Insertion start section Insertion end 227.01 Insertion start or 227.02 Insertion end , subsection 227.04(1), 227.1(4) or 227.13(1) or Insertion start section 227.22 or 227.23 Insertion end of this Act — or appeal a decision made under Insertion start section Insertion end 490.012 Insertion start or 490.013 or Insertion end subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2) Insertion start or (2.2), 490.029051(2) or (3) Insertion end , 490.02909(1), Insertion start 490.029111(2), 490.029112(2) or (3) Insertion end , 490.02913(1), Insertion start 490.04(4) Insertion end or Insertion start (5) or 490.05(4) or (5) Insertion end of the Criminal Code — within the required period;
(b) for the purpose of a proceeding under section 227.01 Insertion start or 227.02 Insertion end , subsection 227.04(1), 227.1(4) or 227.13(1) or Insertion start section 227.22 or 227.23 Insertion end or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;
(a) the sentence for the designated offence that is the basis of the order made under section 227.01 is a term of imprisonment of two years or more — or, if the sentence is in respect of multiple offences, one of which is the designated offence, the court martial was, at the time of imposing the sentence, of the opinion that a sentence of imprisonment of two years or more was justified for the designated offence — and the victim of the designated offence was under the age of 18 years; or
(b) before or after the order under section 227.01 was made, the person
(i) was convicted of an offence under section 130 in respect of a primary offence — or was convicted under the Criminal Code of a primary offence, as defined in subsection 490.011(1) of that Act — that is not the offence on the basis of which the order was made, or
(ii) is or was, as a result of a conviction, subject to another order under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
End of inserted block(a) there was no connection between the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact of the order on the person, including on their privacy or liberty, was grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature that is to be achieved by the registration of information relating to sex offenders under that Act.
End of inserted block(a) the nature and seriousness of the offence that is the basis of the order;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
End of inserted block(a) an order made under section 227.01, if the order applies for life under subsection 227.02(2.1), as it read from time to time before the day on which this paragraph comes into force; or
(b) an obligation under section 227.06, if the obligation applies for life under paragraph 227.09(3)(d) and none of the offences listed in the prescribed form served on the person in respect of the obligation have a maximum term of imprisonment for life.
End of inserted block(a) subsection 227.02(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order; or
(b) paragraphs 227.09(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation.
End of inserted block(g) the legality of a decision made under Insertion start section Insertion end 227.01 Insertion start or 227.02 Insertion end ;
(h) the legality of a decision made under Insertion start section Insertion end 227.01 Insertion start or 227.02 Insertion end ;
Insertion start (a) Insertion end dismiss the appeal; or
Insertion start (b) Insertion end allow Insertion start the appeal Insertion end and order a new hearing, quash Insertion start or amend Insertion end the order or make an order that may be made under Insertion start the applicable Insertion end provision.
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 227.22(5) or section 227.23.
End of inserted block(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
(b) administer oaths and examine any person on oath.
End of inserted block(a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
End of inserted block(a) has become incapacitated from the proper execution of that office by reason of infirmity;
(b) has committed misconduct;
(c) has failed in the proper execution of that office;
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or
(e) no longer satisfies the minimum standards and conditions of service applicable to officers.
End of inserted blockinterference complaint means a complaint made under subsection 250.19(1) Insertion start or (1.1) Insertion end . (plainte pour ingérence)
(a) a victim or other person affected by the performance of the policing duty or function; or
(b) an individual acting on behalf of a victim referred to in paragraph (a).
End of inserted block(a) the person knowingly failed to comply with the order;
(b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and
(c) a warning to the individual is not appropriate.
End of inserted block(a) the heading before section 18.3;
(b) subsection 18.3(5);
(c) the portion of section 18.4 before paragraph (a);
(d) paragraph 215(2)(c);
(e) subsection 227.04(3);
(f) subparagraph 227.05(1)(d)(iii);
(g) subsection 227.07(1);
(h) subsection 227.08(4);
(i) section 227.11;
(j) subsection 227.13(3);
(k) subsection 227.15(4);
(l) the portion of subsection 227.15(5) before paragraph (a);
(m) subsection 227.16(3);
(n) the portion of subsection 227.18(1) before paragraph (a);
(o) the portion of subsection 227.18(2) before paragraph (a);
(p) subsection 227.19(1);
(q) the portion of subsection 227.19(2) before paragraph (a);
(r) section 227.21;
(s) subsection 240.5(3);
(t) subsection 250.21(1);
(u) subparagraphs 250.21(2)(c)(i) to (iii);
(v) section 250.22;
(w) subsection 250.24(2);
(x) section 250.25;
(y) subsection 250.26(1);
(z) section 250.261;
(z.1) subsection 250.27(1);
(z.2) the portion of subsection 250.27(4) before paragraph (a);
(z.3) paragraph 250.27(6)(c);
(z.4) subsection 250.28(1);
(z.5) the portion of section 250.29 before paragraph (a);
(z.6) the portion of subsection 250.3(1) before paragraph (a);
(z.7) paragraphs 250.31(2)(a) and (b);
(z.8) subsection 250.32(3);
(z.9) subsections 250.34(2) and (3);
(z.91) subsections 250.35(1) and (3);
(z.92) paragraph 250.36(e);
(z.93) paragraph 250.37(1)(d);
(z.94) subsections 250.38(3) and (5);
(z.95) section 250.39;
(z.96) paragraph 250.4(1)(b);
(z.97) section 250.48;
(z.98) subsection 250.49(1); and
(z.99) subsection 250.53(2).
(a) the portion of subsection 250.27(5) before paragraph (a);
(b) the portion of subsection 250.28(2) before paragraph (a);
(c) the portion of subsection 250.28(3) before paragraph (a); and
(d) subsections 250.3(2) and (3).
R.S., c. C-46
(a) an order made under section 490.012 on or after April 15, 2011 but before Insertion start October 26, 2023 Insertion end ;
(a.1) an order made under section 227.01 of the National Defence Act on or after April 15, 2011 but before the day on which this paragraph comes into force; or
End of inserted block(b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before Insertion start October 26, 2023 Insertion end .
(a) a superior court of criminal jurisdiction,
Insertion start (i) Insertion end if the application is made under paragraph (1)(a) in respect of an order made by such a court, Insertion start or Insertion end
(ii) if the application is made under paragraph (1)(a.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.22(2) of the National Defence Act; or
End of inserted block(a) Insertion start in the case of an order referred to in paragraph (1)(a) Insertion end , the designated offence that is the basis of the order was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years;
(a.1) in the case of an order referred to in paragraph (1)(a.1), the sentence for the designated offence, as defined in section 227 of the National Defence Act, that is the basis of the order is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or
End of inserted block(b) before or after the order Insertion start referred to in paragraph (1)(a) or (a.1) Insertion end was made, the person
(a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before Insertion start October 26, 2023 Insertion end ;
(a.1) an order made under section 227.01 of the National Defence Act, if the order applies for life under subsection 227.02(2.1) of that Act, as it read from time to time before the day on which this paragraph comes into force;
End of inserted block(b.1) an obligation under section 227.06 of the National Defence Act, if the obligation applies for life under paragraph 227.09(3)(d) of that Act and none of the offences listed in the prescribed form served on the person under that Act in respect of the obligation have a maximum term of imprisonment for life;
End of inserted block(c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before Insertion start October 26, 2023 Insertion end and the condition set out in paragraph 490.029051(1)(b) is met; or
(d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before Insertion start October 26, 2023 Insertion end and the condition set out in paragraph 490.029112(1)(b) is met.
(a) a superior court of criminal jurisdiction,
Insertion start (i) Insertion end if the application is made under paragraph (1)(a) in respect of an order made by such a court, Insertion start or Insertion end
(ii) if the application is made under paragraph (1)(a.1) or (b.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.23(2) of the National Defence Act; or
End of inserted block(a.1) subsection 227.02(2) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 227.01 of that Act;
End of inserted block(b.1) paragraphs 227.09(3)(a) and (b) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 227.06 of that Act;
End of inserted block2013, c. 24
2004, c. 10
(a) the portion of subsection 8.2(1) before paragraph (a);
(b) the portion of subsection 8.2(2) before paragraph (a);
(c) subsections 8.2(3) to (5);
(d) the portion of subsection 8.2(6) before paragraph (a);
(e) the portion of subsection 8.2(7) before paragraph (a); and
(f) subsection 12(2).
56 The words and expressions used in sections 57 to 65 have the same meaning as in the National Defence Act.
57 (1) The person who holds office as the Canadian Forces Provost Marshal immediately before the day on which section 4 comes into force
(a) continues, for the remainder of the term for which they were appointed, to hold office, but they hold office during pleasure and as the Provost Marshal General; and
(b) is deemed, for that term, to have been appointed under subsection 18.3(1) of the National Defence Act, as amended by that section 4.
(2) Despite the provisions of any contract, agreement or order, the person referred to in subsection (1) has no right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty due to the changes made to their appointment by that subsection.
(3) An inquiry under subsections 18.3(3) and (4) of the National Defence Act, as they read immediately before the day on which section 4 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that
(a) the inquiry committee must provide a record of the inquiry and a report of its conclusions to the Minister, who may recommend to the Governor in Council that the Provost Marshal General be removed from office; and
(b) the Governor in Council has the power referred to in that subsection 18.3(3) to remove the Provost Marshal General from office.
58 (1) An instruction or guideline issued under subsection 18.5(2) of the National Defence Act, as it read immediately before the day on which section 6 comes into force, that is in effect immediately before that day is deemed to be an instruction or guideline issued by the Minister under subsection 18.5(2) of the National Defence Act, as amended by that section 6.
(2) The Vice Chief of the Defence Staff must provide the Minister with a copy of every instruction or guideline referred to in subsection (1) as soon as feasible after the day on which section 6 comes into force.
59 An instruction or guideline issued under subsection 18.5(3) of the National Defence Act, as it read immediately before the day on which section 6 comes into force, that is in effect immediately before that day ceases to be in effect.
60 As soon as feasible after the day on which section 7 comes into force, but no later than 60 days after that day, the Canadian Forces must transfer to the civilian authority having jurisdiction in the matter responsibility for any ongoing investigation into an offence referred to in any of paragraphs 70(d) to (h) of the National Defence Act, as enacted by that section 7, that was, or is alleged to have been, committed in Canada and for which a charge has not been laid under that Act or an information has not been laid under the Criminal Code before that day.
61 The National Defence Act, as it read immediately before the day on which section 7 comes into force, continues to apply in respect of an offence referred to in any of paragraphs 70(d) to (h) of that Act, as enacted by that section 7, that was, or is alleged to have been, committed in Canada and for which a charge has been laid under that Act or an information has been laid under the Criminal Code before that day.
62 No charge alleging the commission of a service infraction, laid before the day on which section 11 comes into force, is to be proceeded with against a military judge on or after that day.
63 (1) The person who holds office as the Director of Military Prosecutions immediately before the day on which section 15 comes into force
(a) continues to hold office for the remainder of the term for which they were appointed;
(b) is deemed, for that term, to have been appointed under subsection 165.1(1) of the National Defence Act, as amended by that section 15; and
(c) is, despite subsection 165.1(3) of the National Defence Act, as amended by that section 15, eligible on the expiry of that term to be appointed under that subsection 165.1(1) for a single additional term of not more than seven years.
(2) An inquiry under subsections 165.1(2) and (2.1) of the National Defence Act, as they read immediately before the day on which section 15 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that the inquiry committee must make its recommendation to the Governor in Council and that the Governor in Council has the power referred to in that subsection 165.1(2) to remove the Director of Military Prosecutions from office.
64 (1) An instruction or guideline issued under subsection 165.17(3) of the National Defence Act, as it read immediately before the day on which subsection 17(1) comes into force, that applies in respect of a prosecution that, immediately before that day, had not been completed is deemed to be an instruction or guideline issued by the Minister under subsection 165.17(3) of the National Defence Act, as amended by that subsection 17(1).
(2) Subsection 165.17(5) of the National Defence Act, as amended by subsection 17(2), applies in respect of a specific instruction or guideline referred to in subsection (1).
65 (1) The person who holds office as the Director of Defence Counsel Services immediately before the day on which section 40 comes into force
(a) continues to hold office for the remainder of the term for which they were appointed;
(b) is deemed, for that term, to have been appointed under subsection 249.18(1) of the National Defence Act, as amended by that section 40; and
(c) is, despite subsection 249.18(3) of the National Defence Act, as amended by that section 40, eligible on the expiry of that term to be appointed under that subsection 249.18(1) for a single additional term of not more than seven years.
(2) An inquiry under subsections 249.18(2) and (2.1) of the National Defence Act, as they read immediately before the day on which section 40 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that the inquiry committee must make its recommendation to the Governor in Council and that the Governor in Council has the power referred to in that subsection 249.18(2) to remove the Director of Defence Counsel Services from office.
(a) subsection 227.23(7) of the National Defence Act is replaced by the following:
(7) The court martial shall cause the Provost Marshal General to be notified of a decision to make a variation order under this section.
(b) subsection 240.5(3) of the National Defence Act is replaced by the following:
(3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal General to be notified of the decision.
(c) subsections 240.5(6) and (7) of the National Defence Act are replaced by the following:
(6) If the Court Martial Appeal Court or other court quashes an exemption order made under section 227.22, it shall cause the Provost Marshal General to be notified of the decision and shall cause the person who applied for the order to be informed of section 119.1 and sections 4 to 7.1 of the Sex Offender Information Registration Act.
(7) If the Court Martial Appeal Court or other court quashes a variation order made under section 227.23, it shall cause the Provost Marshal General to be notified of the decision.
(xi) section 163.1 (child sexual abuse and exploitation material),
69 (1) Sections 2, 4 to 6, 41 to 45, 47, 53 and 55 come into force on a day to be fixed by order of the Governor in Council.
(2) Sections 3, 15 to 17, 40 and 54 come into force on a day to be fixed by order of the Governor in Council.
(3) Sections 7 and 8 come into force on the 60th day after the day on which this Act receives royal assent.
(4) Sections 9, 11 to 14, 18 and 19 come into force on a day or days to be fixed by order of the Governor in Council
(5) Sections 10, 23 to 39 and 48 to 52 come into force on a day to be fixed by order of the Governor in Council.
(6) Sections 20 to 22 and 46 come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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