Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 216 from 2003-01-01 to 2018-08-31:

Definition of suspending authority

  •  (1) In this section and sections 217 and 218, suspending authority means any authority prescribed to be a suspending authority by the Governor in Council in regulations.

  • 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.

  • 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.

  • R.S., 1985, c. N-5, s. 216
  • 1998, c. 35, s. 60
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