National Defence Act (R.S.C., 1985, c. N-5)

Act current to 2013-04-29 and last amended on 2013-02-28. Previous Versions

Marginal note:Remuneration

  • 165.22 (1) The rates and conditions of issue of pay of military judges shall be prescribed by the Treasury Board in regulations.

  • Marginal note:Review of remuneration

    (2) The remuneration of military judges shall be reviewed regularly by a Compensation Committee established under regulations made by the Governor in Council.

  • 1998, c. 35, s. 42.
Marginal note:Judicial duties and functions

  • 165.23 (1) Military judges shall preside at courts martial and shall perform other judicial duties under this Act that are required to be performed by military judges.

  • Marginal note:Other duties and functions

    (2) In addition to their judicial duties, military judges shall perform any other duties that the Chief Military Judge may direct, but those other duties may not be incompatible with their judicial duties.

  • Marginal note:Boards of inquiry

    (3) Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry.

  • 1998, c. 35, s. 42.

Chief Military Judge

Marginal note:Chief Military Judge

165.24 The Governor in Council may designate a military judge to be the Chief Military Judge.

  • 1998, c. 35, s. 42.
Marginal note:Duties and functions

165.25 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act.

  • 1998, c. 35, s. 42.
Marginal note:Acting Chief Military Judge

165.26 The Chief Military Judge may authorize any military judge to perform the duties and functions of the Chief Military Judge.

  • 1998, c. 35, s. 42.
Marginal note:Delegation

165.27 The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge.

  • 1998, c. 35, s. 42.

General Courts Martial

Marginal note:Jurisdiction

166. A General Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence.

  • R.S., 1985, c. N-5, s. 166;
  • 1998, c. 35, s. 42.
Marginal note:Punishment limitation

166.1 A General Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine.

  • 2008, c. 29, s. 9.