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

Act current to 2013-05-26 and last amended on 2013-02-28. Previous Versions

206. to 214. [Repealed, 1998, c. 35, s. 59]

Suspension of Imprisonment or Detention

Marginal note:Service tribunal may suspend

215. Where an offender has been sentenced to imprisonment or detention, the carrying into effect of the punishment may be suspended by the service tribunal that imposed the punishment.

  • R.S., 1985, c. N-5, s. 215;
  • 1998, c. 35, s. 60.

Definition of “suspending authority”

  • 216. (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.
Marginal note:Effect of suspension before committal

  • 216.1 (1) Where a punishment is suspended before committal to undergo the punishment, the offender shall, if in custody, be discharged from custody and the term of the punishment shall not commence until the offender has been ordered to be committed to undergo that punishment.

  • Marginal note:Effect of suspension after committal

    (2) Where a punishment is suspended after committal to undergo the punishment, the offender shall be discharged from the place in which the offender is incarcerated and the currency of the punishment shall be arrested after the day of that discharge until the offender is again ordered to be committed to undergo that punishment.

  • 1998, c. 35, s. 60.
Marginal note:Review and remission

  • 217. (1) Where a punishment has been suspended, it may at any time, and shall at intervals of not more than three months, be reviewed by a suspending authority and if on the review it appears to the suspending authority that the conduct of the offender, since the punishment was suspended, has been such as to justify a remission of the punishment, the suspending authority shall remit it.

  • Marginal note:Automatic remission of punishments

    (2) A punishment, except a punishment referred to in subsection (3), that has been suspended shall be deemed to be wholly remitted on the expiration of a period, commencing on the day the suspension was ordered, equal to the term of the punishment less any time during which the offender has been incarcerated following pronouncement of the sentence, unless the punishment has been put into execution prior to the expiration of that period.

  • Marginal note:Automatic remission of detention

    (3) A punishment of detention that has been suspended is deemed to be wholly remitted on the expiration of one year commencing on the day the suspension was ordered, unless the punishment has been put into execution prior to the expiration of that period.

  • R.S., 1985, c. N-5, s. 217;
  • 1998, c. 35, s. 61.