An Act to amend the National Defence Act and to make related and consequential amendments to other Acts (S.C. 2019, c. 15)
Full Document:
Assented to 2019-06-21
Related and Coordinating Amendments (continued)
Marginal note:2014, c. 6
64 (1) In this section, other Act means the Not Criminally Responsible Reform Act.
(2) On the first day on which both section 25 of the other Act and section 7 of this Act are in force, section 71.04 of the National Defence Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:
(b.1) hearings held under section 202.161 to decide whether the accused person is a high-risk accused and the dispositions made at those hearings; and
(3) On the first day on which both section 25 of the other Act and section 29 of this Act are in force,
(a) subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:
- serious personal injury offence
serious personal injury offence means
(a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving
(b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence; (infraction grave contre la personne)
(b) subsection 189.1(12) of the National Defence Act is repealed; and
(c) subsection 202.161(5) of the National Defence Act is repealed.
Marginal note:2013, c. 24 and 2014, c. 6
65 (1) The following definitions apply in this section.
- first Act
first Act means the Strengthening Military Justice in the Defence of Canada Act. (première loi)
- second Act
second Act means the Not Criminally Responsible Reform Act. (deuxième loi)
(2) If both section 59 of the first Act and section 26 of the second Act come into force before subsection 2(3) of this Act, then, on the day on which that subsection 2(3) comes into force,
(a) subsection 202.201(16) of the National Defence Act is replaced by the following:
Marginal note:Victim impact statement
(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
(b) subsection 202.201(23) of the National Defence Act is repealed; and
(c) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed.
(3) If section 59 of the first Act comes into force before the day on which subsection 2(3) of this Act comes into force and that subsection 2(3) comes into force on the same day as section 26 of the second Act, then that section 26 is deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence.
(4) If section 26 of the second Act comes into force before the day on which subsection 2(3) of this Act comes into force and that subsection 2(3) comes into force on the same day as section 59 of the first Act, then that section 59 is deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence.
(5) If section 59 of the first Act, section 26 of the second Act and subsection 2(3) of this Act all come into force on the same day, then those sections 59 and 26 are deemed to have come into force before that subsection 2(3) and subsection (2) applies as a consequence.
(6) If both section 59 of the first Act and subsection 2(3) of this Act come into force before section 26 of the second Act, then
(a) subsection 202.201(15) of the National Defence Act is replaced by the following:
Marginal note:Victim impact statement
(15) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
(b) subsection 202.201(22) of the National Defence Act is repealed;
(c) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed; and
(d) on the day on which that section 26 comes into force,
(i) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act that is set out in paragraph (2)(a), and
(ii) subsection 202.201(23) of the National Defence Act is repealed.
(7) If both section 26 of the second Act and subsection 2(3) of this Act come into force before section 59 of the first Act, then
(a) the definition victim in subsection 2(1) of the National Defence Act is replaced by the following:
- victim
victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and section 202.201, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime)
(b) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act that is set out in paragraph (2)(a);
(c) subsection 202.201(23) of the National Defence Act is repealed;
(d) section 59 of the first Act is repealed; and
(e) section 62 of the first Act is amended by repealing the section 203 that it enacts and the heading “Interpretation” before that section 203.
(8) If subsection 2(3) of this Act comes into force before the day on which section 59 of the first Act comes into force and that section 59 comes into force on the same day as section 26 of the second Act, then
(a) subsection 202.201(16) of the National Defence Act is replaced by the subsection 202.201(16) of that Act set out in paragraph (2)(a);
(b) subsection 202.201(23) of the National Defence Act is repealed.
(9) On the first day on which both section 59 of the first Act and subsection 2(3) of this Act are in force, the definition victim in subsection 2(1) of the National Defence Act is replaced by the following:
- victim
victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime)
(10) If both section 59 of the first Act and section 26 of the second Act are not in force on the day on which subsection 2(4) of this Act comes into force, then
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of section 189.1:
(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of section 189.1 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
(11) If subsection (10) has produced its effects and section 59 of the first Act is not in force on the day on which section 26 of the second Act comes into force, then
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201:
(b) subsection 2(1.3) of the National Defence Act is replaced by the following:
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
(12) If subsection (10) has produced its effects, then, on the day on which section 59 of the first Act comes into force,
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:
(b) subsection 2(1.3) of the National Defence Act is replaced by the following:
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
(13) If section 26 of the second Act comes into force before subsection 2(4) of this Act and section 59 of the first Act is not in force on the day on which that subsection 2(4) comes into force — or if that section 26 and that subsection 2(4) come into force on the same day and that section 59 is not in force on that day — then, on the day on which that subsection 2(4) comes into force,
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201:
(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
(14) If subsection (13) has produced its effects, then, on the day on which section 59 of the first Act comes into force,
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:
(b) subsection 2(1.3) of the National Defence Act is replaced by the following:
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
(15) If section 59 of the first Act comes into force before subsection 2(4) of this Act — or if that section 59 and that subsection 2(4) come into force on the same day — then, on the day on which that subsection 2(4) comes into force,
(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Acting on victim’s behalf
(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:
(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):
Marginal note:Exception — acting on victim’s behalf
(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.
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