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National Defence Act (R.S.C., 1985, c. N-5)

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Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

RELATED PROVISIONS

  • — 2008, c. 29, s. 28

    • Review
      • 28 (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose.

      • Report

        (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

  • — 2008, c. 29, s. 29

    • Reference to General Court Martial

      29 For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act, any reference to a General Court Martial is also a reference to a Disciplinary Court Martial.

  • — 2012, c. 1, par. 163(b)

    • Pending applications — references in other legislation

      163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

  • — 2012, c. 1, par. 165(e)

    • Pardons in effect — references in other legislation

      165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

  • — 2013, c. 24, s. 109

    • Military judges continuing in office

      109 A person who, immediately before the coming into force of this section, held office as a military judge shall continue in office as if the person had been appointed under subsection 165.21(1) of the National Defence Act, as enacted by section 41.

  • — 2013, c. 24, s. 110

    • Members of Inquiry Committee continuing in office

      110 A person who, immediately before the coming into force of this section, held office as a member of an Inquiry Committee established under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.31(1) of the National Defence Act, as enacted by section 45.

  • — 2013, c. 24, s. 111

    • Members of Compensation Committee continuing in office

      111 A person who, immediately before the coming into force of this section, held office as a member of a Compensation Committee established under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.33(1) of the National Defence Act, as enacted by section 45.

  • — 2013, c. 24, s. 112

    • Inquiry by Inquiry Committee

      112 An inquiry under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.31 and 165.32 of the National Defence Act, as enacted by section 45.

  • — 2013, c. 24, s. 113

    • Review by Compensation Committee

      113 A review under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.33 to 165.37 of the National Defence Act, as enacted by section 45.

  • — 2013, c. 24, s. 114

    • 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.

  • — 2014, c. 6, s. 31.1

    • Review
      • 31.1 (1) Within five years after sections 21 to 31 come into force, a comprehensive review of the operation of sections 197 to 233 of the National Defence Act is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

      • Report

        (2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee.

  • — 2014, c. 25, s. 45.1

    • Review
      • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

      • Report

        (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

  • — 2019, c. 15, ss. 63(1), (35)

    • 2013, c. 24
      • 63 (1) In this section, other Act means the Strengthening Military Justice in the Defence of Canada Act.

      • (35) If subsection (34) applies, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i), as enacted by that subsection (34), is deemed to have been enacted on the day on which section 75 of the other Act came into force.

  • — 2019, c. 15, s. 66

    • Proceedings

      66 The National Defence Act, as it read immediately before the coming into force of section 25 of this Act, applies

      • (a) in respect of proceedings against a person who is alleged to have committed a service offence that were commenced by the laying of a charge before the coming into force of that section 25; and

      • (b) in respect of all matters related to those proceedings.

  • — 2019, c. 15, s. 67

    • Section 203.1 of National Defence Act

      67 Paragraphs 203.1(2)(c) and (i) of the National Defence Act, as enacted, respectively, by paragraphs 63(21)(d) and (e), apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which those paragraphs 63(21)(d) and (e) produce their effects.

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