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Strengthening Military Justice in the Defence of Canada Act (S.C. 2013, c. 24)

Assented to 2013-06-19

Marginal note:R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 56)

 Section 272 of the Act is replaced by the following:

Marginal note:Arrest of dependants

272. The dependants, as defined by regulation, of officers and non-commissioned members on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by a member of the military police and may be handed over to the appropriate authorities of that place.

 The Act is amended by adding the following after section 273.6:

Independent Review

Marginal note:Review
  • 273.601 (1) The Minister shall cause an independent review of the following provisions, and their operation, to be undertaken:

    • (a) sections 18.3 to 18.6;

    • (b) sections 29 to 29.28;

    • (c) Parts III and IV; and

    • (d) sections 251, 251.2, 256, 270, 272, 273 to 273.5 and 302.

  • Marginal note:Report to Parliament

    (2) The Minister shall cause a report of a review to be laid before each House of Parliament within seven years after the day on which this section comes into force, and within every seven-year period after the tabling of a report under this subsection.

  • Marginal note:Amending legislation

    (3) However, if an Act of Parliament amends this Act based on an independent review, the next report shall be tabled within seven years after the day on which the amending Act is assented to.

Marginal note:2001, c. 41, s. 102

 Subsection 273.63(1) of the French version of the Act is replaced by the following:

Marginal note:Nomination du commissaire et durée du mandat
  • 273.63 (1) Le gouverneur en conseil peut nommer, à titre inamovible pour une période maximale de cinq ans, un juge surnuméraire ou un juge à la retraite d’une juridiction supérieure qu’il charge de remplir les fonctions de commissaire du Centre de la sécurité des télécommunications.

Marginal note:R.S., c. 31 (1st Supp.), s. 60 (Sch. I, s. 63)

 Subsection 299(2) of the Act is replaced by the following:

  • Marginal note:Certificate of Judge Advocate General

    (2) A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate.

Marginal note:1998, c. 35, s. 90

 Paragraph 302(d) of the Act is replaced by the following:

  • (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improp­erly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a service tribunal, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or

 The Act is amended by adding the following after section 306:

Marginal note:Applications for employment

307. Every person who uses or authorizes the use of an application form, for or relating to any of the following matters, that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 249.27(1)(a) or (b) is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both:

  • (a) employment in any department set out in Schedule I to the Financial Administration Act;

  • (b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act;

  • (c) enrolment in the Canadian Forces; or

  • (d) employment in or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

Marginal note:Terminology

 The English version of the Act is amended by replacing “Grievance Board” with “Grievances Committee” in the following provisions:

  • (a) sections 29.12 and 29.13;

  • (b) subsection 29.17(1);

  • (c) sections 29.18 to 29.28;

  • (d) subsection 118(1);

  • (e) section 251.2; and

  • (f) paragraph 302(d).

Marginal note:Terminology

 The French version of the Act is amended by replacing “prévôt” with “grand prévôt” in the following provisions:

  • (a) subsection 227.04(3);

  • (b) subparagraph 227.05(1)(d)(iii);

  • (c) subsection 227.07(1);

  • (d) subsection 227.08(4);

  • (e) section 227.11;

  • (f) subsection 227.13(3);

  • (g) subsections 227.15(4) and (5);

  • (h) subsection 227.16(3);

  • (i) subsections 227.18(1) and (2);

  • (j) subsections 227.19(1) and (2);

  • (k) section 227.21;

  • (l) subsection 240.5(3);

  • (m) subsection 250.21(1) and subparagraph 250.21(2)(c)(i);

  • (n) sections 250.25 and 250.26;

  • (o) subsection 250.27(4);

  • (p) subsection 250.28(1);

  • (q) subsection 250.31(2);

  • (r) subsection 250.32(3);

  • (s) subsections 250.34(2) and (3);

  • (t) subsection 250.35(1);

  • (u) paragraph 250.36(e);

  • (v) paragraph 250.37(1)(d);

  • (w) subsection 250.38(5);

  • (x) section 250.39;

  • (y) section 250.48; and

  • (z) subsection 250.49(1).

Marginal note:Terminology

 The French version of the Act is amended by replacing “mise en cause” and “mise en cause par la plainte” with “qui fait l’objet de la plainte” in the following provisions:

  • (a) section 250.23;

  • (b) subsection 250.27(5);

  • (c) subsection 250.3(3);

  • (d) subsections 250.33(1) and (3);

  • (e) paragraph 250.37(1)(b) and subsection 250.37(3);

  • (f) subsection 250.38(4); and

  • (g) section 250.46.

TRANSITIONAL PROVISIONS

Marginal note:Military judges continuing in office

 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.

Marginal note:Members of Inquiry Committee continuing in office

 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.

Marginal note:Members of Compensation Committee continuing in office

 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.

Marginal note:Inquiry by Inquiry Committee

 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.

Marginal note:Review by Compensation Committee

 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.

 
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