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
R.S., c. N-5National Defence Act (continued)
Marginal note:2013, c. 24, s. 17
8 Subsection 118(1) of the Act is replaced by the following:
Marginal note:Definition of tribunal
118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations.
Marginal note:1998, c. 35, s. 32
9 Section 118.1 of the Act is replaced by the following:
Marginal note:Failure to appear or attend
118.1 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
10 (1) The portion of subsection 130(1) of the French version of the Act after paragraph (b) is replaced by the following:
Quiconque en est condamné encourt la peine prévue au paragraphe (2).
(2) The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Punishment
(2) Subject to subsection (3), if a court martial convicts a person under subsection (1), it shall,
Marginal note:1992, c. 16, s. 1; 2013, c. 24, s. 18(E)
11 Subsections 137(2) and (3) of the Act are repealed.
12 Section 138 of the Act is replaced by the following:
Marginal note:Special finding of guilty
138 A court martial may, instead of making a finding of not guilty, make a special finding of guilty if it concludes that
(a) the facts proved in respect of an offence being tried by it differ materially from the facts alleged in the statement of particulars but are sufficient to establish the commission of the offence charged; and
(b) the difference between the facts proved and the facts alleged in the statement of particulars has not prejudiced the accused person in their defence.
If the court martial makes a special finding of guilty, it shall state the differences between the facts proved and the facts alleged in the statement of particulars.
Marginal note:R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 40); 1998, c. 35, par. 92(c)
13 Subsection 141(1) of the English version of the Act is replaced by the following:
Marginal note:Dismissal with disgrace
141 (1) If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years.
Marginal note:1998, c. 35, s. 39
14 Subsection 145(3) of the Act is replaced by the following:
Marginal note:Variation of terms of payment
(3) The terms of payment of a fine may be varied by the military judge who imposed the fine or a military judge designated by the Chief Military Judge.
15 Section 147 of the Act is repealed.
16 The Act is amended by adding the following after section 147.5:
Order to Abstain from Communicating
Marginal note:If injury or damage feared
147.6 (1) An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property.
Marginal note:Parties to appear
(2) The military judge who receives the information shall cause the parties to appear before the military judge, either in person or otherwise.
Marginal note:Order
(3) The military judge may, if satisfied by the evidence that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information
Marginal note:Absence of military judge
(4) If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3).
Marginal note:Review
(5) Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection.
Marginal note:R.S., c. 31 (1st Supp.), s. 50
17 (1) The portion of subsection 157(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Issue of warrants
157 (1) Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who
Marginal note:R.S., c. 31 (1st Supp.), s. 50
(2) Paragraphs 157(1)(a) to (c) of the English version of the Act are replaced by the following:
Marginal note:R.S., c. 31 (1st Supp.), s. 50
(3) The portion of subsection 157(1) of the English version of the Act after paragraph (c) is repealed.
(4) Section 157 of the Act is amended by adding the following after subsection (2):
Marginal note:Limitation
(2.1) An officer authorized to issue a warrant under this section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer.
Marginal note:1998, c. 35, s. 42
18 (1) Paragraph 158(1)(d) of the Act is replaced by the following:
(d) the need to ensure that the person under arrest will appear before a court martial or civil court to be dealt with according to law;
Marginal note:1998, c. 35, s. 42
(2) Paragraph 158(1)(f) of the Act is replaced by the following:
(f) the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person.
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