An Act to amend the National Defence Act and to make related and consequential amendments to other Acts (S.C. 2019, c. 15)
Full Document:
Assented to 2019-06-21
Consequential Amendments
R.S., c. C-5Canada Evidence Act
Marginal note:2001, c. 41, s. 43
48 Subsection 38.01(5) of the Canada Evidence Act is replaced by the following:
Marginal note:Military proceedings
(5) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under any of subsections (1) to (4) shall be given to both the Attorney General of Canada and the Minister of National Defence.
Marginal note:2001, c. 41, s. 43
49 Subsection 38.03(2) of the Act is replaced by the following:
Marginal note:Military proceedings
(2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may authorize disclosure only with the agreement of the Minister of National Defence.
Marginal note:2013, c. 9, s. 19(3)
50 (1) Paragraph 38.04(5)(a) of the Act is replaced by the following:
(a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, with respect to making the application public;
Marginal note:2013, c. 9, s. 19(3)
(2) Paragraph 38.04(5)(a.2) of the Act is replaced by the following:
(a.2) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and concerning the persons who should be given notice of any hearing of the matter;
Marginal note:2001, c. 41, s. 43; 2013, c. 9, s. 21(1)
51 Subsections 38.11(1.1) and (2) of the Act are replaced by the following:
Marginal note:Special rules — hearing in National Capital Region
(1.1) A hearing under subsection 38.04(5) or an appeal or review of an order made under any of subsections 38.06(1) to (3) shall, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act.
Marginal note:Ex parte representations
(2) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may give any person who makes representations under paragraph 38.04(5)(d), and shall give the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, the opportunity to make representations ex parte.
Marginal note:2001, c. 41, s. 43
52 Subsection 38.13(2) of the Act is replaced by the following:
Marginal note:Military proceedings
(2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may issue the certificate only with the agreement, given personally, of the Minister of National Defence.
Marginal note:2001, c. 41, s. 43
53 Subsection 38.131(3) of the Act is replaced by the following:
Marginal note:Military proceedings
(3) In the case of proceedings under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.
Marginal note:2001, c. 41, s. 44
54 Item 10 of the schedule to the Act is replaced by the following:
10 A court martial or a military judge for the purposes of Part III of the National Defence Act
R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act
Marginal note:2002, c. 8, s. 28
55 Subsection 18.3(2) of the Federal Courts Act is replaced by the following:
Marginal note:Reference by Attorney General of Canada
(2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination.
Marginal note:2002, c. 8, s. 54(1)
56 Subsection 57(1) of the Act is replaced by the following:
Marginal note:Constitutional questions
57 (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a court martial and an officer conducting a summary hearing, as defined in subsection 2(1) of the National Defence Act, the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2).
R.S., c. G-3Geneva Conventions Act
Marginal note:1990, c. 14, s. 2
57 Subsection 3(4) of the Geneva Conventions Act is replaced by the following:
Marginal note:Consent
(4) Proceedings with respect to an offence referred to in subsection (1), other than proceedings before a court martial, as defined in subsection 2(1) of the National Defence Act, may only be commenced with the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General of Canada and be conducted by the Attorney General of Canada or by counsel acting on behalf of the Attorney General of Canada.
R.S., c. V-2Visiting Forces Act
58 Section 8 of the Visiting Forces Act is replaced by the following:
Marginal note:Witnesses
8 The members of a service court of a visiting force, exercising jurisdiction by virtue of this Act, and witnesses appearing before such a service court have the same immunities and privileges as a court martial exercising jurisdiction under the National Defence Act and witnesses appearing before a court martial.
2004, c. 10 Sex Offender Information Registration Act
Marginal note:2007, c. 5, s. 47(6)
59 (1) Subparagraph 16(4)(h)(i) of the Sex Offender Information Registration Act is replaced by the following:
(i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or a superior court of criminal jurisdiction, as defined in section 2 of the Criminal Code, or a court martial, as defined in subsection 2(1) of the National Defence Act,
Marginal note:2007, c. 5, s. 47(6)
(2) Subparagraphs 16(4)(h)(iii) and (iv) of the Act are replaced by the following:
(iii) to the court or military judge presiding over the proceeding or appeal, or
(iv) to a review authority referred to in section 163.6 of the National Defence Act for its review under that section and to a person who provides legal advice to the review authority in connection with that review;
- Date modified: