National Defence Act

Marginal note:Hearing into breach of conditions

• 215.2 (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 or varied, added or substituted under section 215.1 or this section may be made by

  • (a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or

  • (b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.

• Marginal note:Revocation of suspension or changes to conditions

  (2) If a person referred to in paragraph (1)(a) or (b) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may

  • (a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or

  • (b) vary any conditions imposed under subsection 215(3) or varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit.