National Defence Act

Marginal note:Definition of suspending authority

• 216 (1) In this section and section 217, suspending authority means any authority prescribed to be a suspending authority in regulations made by the Governor in Council.

• Marginal note:Suspension of imprisonment or detention

  (2) A suspending authority may suspend a punishment of imprisonment or detention, whether or not the offender has already been committed to undergo that punishment, if there are imperative reasons relating to military operations or the offender’s welfare.

• Marginal note:Notification

  (2.1) A suspending authority that suspends a punishment shall, unless the punishment was included in a sentence that was imposed at a summary trial, provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council.

• Marginal note:Committal after suspension

  (2.2) A suspending authority may — if the reasons described in subsection (2) no longer apply or if the offender’s conduct is inconsistent with the reasons for which the punishment was suspended — 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.

• Marginal note:Committing authority may postpone committal

  (3) Where an offender has been sentenced to imprisonment or detention and suspension of the punishment has been recommended, the authority empowered to commit the offender to a penitentiary, civil prison, service prison or detention barrack, as the case may be, may postpone committal until directions of a suspending authority have been obtained.

• Marginal note:Mandatory suspension of detention

  (4) A suspending authority shall suspend a punishment of detention in the circumstances prescribed by the Governor in Council in regulations.