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Strengthening Military Justice in the Defence of Canada Act (S.C. 2013, c. 24)

Assented to 2013-06-19

TRANSITIONAL PROVISIONS

Marginal note:Limitation or prescription period

114. The limitation or prescription period set out in subsection 269(1) of the National Defence Act, as enacted by section 99, applies only in respect of an act, neglect or default that occurs after the coming into force of section 99.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

Marginal note:1998, c. 35, s. 106

115. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

116. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Military Grievances External Review Committee

    Comité externe d’examen des griefs militaires

R.S., c. C-46Criminal Code

Marginal note:Terminology

117. The French version of the Criminal Code is amended by replacing “prévôt” with “grand prévôt” in the following provisions:

  • (a) section 5 of Form 52 in Part XXVIII; and

  • (b) section 5 of Form 53 in Part XXVIII.

R.S., c. F-11Financial Administration Act

Marginal note:1998, c. 35, s. 122

118. Schedule I.1 to the Financial Administration Act is amended by striking out the reference in column I to

  • Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

and the corresponding reference in column II to “Minister of National Defence”.

119. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

  • Military Grievances External Review Committee

    Comité externe d’examen des griefs militaires

and a corresponding reference in column II to “Minister of National Defence”.

Marginal note:2003, c. 22, s. 11

120. Schedule IV to the Act is amended by striking out the following:

  • Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

121. Schedule IV to the Act is amended by adding the following in alphabetical order:

  • Military Grievances External Review Committee

    Comité externe d’examen des griefs militaires

Marginal note:2006, c. 9, s. 270

122. Part III of Schedule VI to the Act is amended by striking out the reference in column I to

  • Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

and the corresponding reference in column II to “Chairperson”.

123. Part III of Schedule VI to the Act is amended by adding a reference to

  • Military Grievances External Review Committee

    Comité externe d’examen des griefs militaires

in alphabetical order in column I and a corresponding reference in column II to “Chairperson”.

R.S., c. P-21Privacy Act

Marginal note:1998, c. 35, s. 123

124. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

125. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Military Grievances External Review Committee

    Comité externe d’examen des griefs militaires

1992, c. 20Corrections and Conditional Release Act

Marginal note:2000, c. 24, s. 38

126. Subsection 120(1) of the Corrections and Conditional Release Act is replaced by the following:

Marginal note:Time when eligible for full parole

  • 120. (1) Subject to sections 746.1 and 761 of the Criminal Code and to any order made under section 743.6 of that Act, to subsection 226.1(2) of the National Defence Act and to any order made under section 226.2 of that Act, and to subsection 15(2) of the Crimes Against Humanity and War Crimes Act, an offender is not eligible for full parole until the day on which the offender has served a period of ineligibility of the lesser of one third of the sentence and seven years.

Marginal note:References

127. The Act is amended by replacing every reference to section 140.3 of the National Defence Act with a reference to section 226.1 of the National Defence Act wherever it occurs in the following provisions:

  • (a) the portion of subsection 17(1) after paragraph (d) and before paragraph (e);

  • (b) the portion of subsection 18(2) before paragraph (a);

  • (c) the portion of subsection 119(1) before paragraph (a);

  • (d) subsections 119(1.1) and (1.2);

  • (e) subsection 120.2(3); and

  • (f) section 120.3.

Marginal note:References

128. The Act is amended by replacing every reference to section 140.4 of the National Defence Act with a reference to section 226.2 of the National Defence Act wherever it occurs in the following provisions:

  • (a) subsection 120(2);

  • (b) subparagraph 120.2(1)(b)(i); and

  • (c) the portion of subsection 121(1) before paragraph (a).

1998, c. 35An Act to amend the National Defence Act and to make consequential amendments to other Acts

129. Section 96 of An Act to amend the National Defence Act and to make consequential amendments to other Acts, chapter 35 of the Statutes of Canada, 1998, is repealed.

2004, c. 10Sex Offender Information Registration Act

Marginal note:Terminology

130. The French version of the Sex Offender Information Registration Act is amended by replacing “prévôt” with “grand prévôt” in the following provisions:

  • (a) subsections 8.2(1) to (7); and

  • (b) subsection 12(2).

2004, c. 15Public Safety Act, 2002

131. Section 77 of the Public Safety Act, 2002 is repealed.

COORDINATING AMENDMENTS

Marginal note:2011, c. 5

  • 132. (1) In this section, “other Act” means the Protecting Canadians by Ending Sentence Discounts for Multiple Murders Act.

  • (2) If section 6 of the other Act comes into force before section 68 of this Act, then, on the day on which that section 68 comes into force, paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

    • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

  • (3) If section 68 of this Act comes into force before section 6 of the other Act, then that section 6 is replaced by the following:

    6. Paragraph 226.1(2)(a) of the National Defence Act is replaced by the following:

    • (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and

  • (4) If section 6 of the other Act comes into force on the same day as section 68 of this Act, then that section 6 is deemed to have come into force before that section 68 and subsection (2) applies as a consequence.

Marginal note:Bill C-10

  • 133. (1) Subsections (2) to (11) apply if Bill C-10, introduced in the 1st session of the 41st Parliament and entitled the Safe Streets and Communities Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If subsection 22(1) of this Act comes into force before section 50 of the other Act, then that section 50 is repealed.

  • (3) If section 50 of the other Act comes into force on the same day as subsection 22(1) of this Act, then that section 50 is deemed to have come into force before that subsection 22(1).

  • (4) On the first day on which both section 76 of the other Act and section 19 of this Act are in force, the reference to section 140.4 of the National Defence Act in paragraph 120.1(1)(a) of the Corrections and Conditional Release Act is replaced by a reference to section 226.2 of the National Defence Act.

  • (5) If section 127 of this Act comes into force before section 76 of the other Act, then, on the day on which that section 76 comes into force, the Corrections and Conditional Release Act is amended by replacing the reference to section 140.3 of the National Defence Act with a reference to section 226.1 of the National Defence Act in the following provisions:

    • (a) subsection 120.2(3); and

    • (b) section 120.3.

  • (6) If section 76 of the other Act comes into force on the same day as section 127 of this Act, then that section 76 is deemed to have come into force before that section 127.

  • (7) If section 128 of this Act comes into force before section 76 of the other Act, then, on the day on which that section 76 comes into force, subparagraph 120.2(1)(b)(i) of the Corrections and Conditional Release Act is amended by replacing the reference to section 140.4 of the National Defence Act with a reference to section 226.2 of the National Defence Act.

  • (8) If section 76 of the other Act comes into force on the same day as section 128 of this Act, then that section 76 is deemed to have come into force before that section 128.

  • (9) If subsection 77(1) of the other Act comes into force before section 19 of this Act, then, on the day on which that section 19 comes into force, the portion of subsection 121(1) of the Corrections and Conditional Release Act before paragraph (a) is amended by replacing the reference to section 140.3 of the National Defence Act with a reference to section 226.1 of the National Defence Act.

  • (10) If section 19 of this Act comes into force before subsection 77(1) of the other Act, then, on the day on which that subsection 77(1) comes into force, the portion of subsection 121(1) of the Corrections and Conditional Release Act before paragraph (a) is amended by replacing the references to sections 140.3 and 140.4 of the National Defence Act with references to sections 226.1 and 226.2 of the National Defence Act, respectively.

  • (11) If subsection 77(1) of the other Act comes into force on the same day as section 19 of this Act, then that subsection 77(1) is deemed to have come into force before that section 19 and subsection (9) applies as a consequence.

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