Government of Canada / Gouvernement du Canada
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National Defence Act

Version of section 215.2 from 2018-09-01 to 2022-06-19:

Marginal note:Hearing into breach of conditions

  •  (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 may be made by

    • (a) the offender’s commanding officer, in the case of a condition imposed by a summary trial;

    • (b) a military judge, in the case of a condition imposed by a court martial; or

    • (c) a judge of the Court Martial Appeal Court, in the case of a condition imposed by that Court.

  • Marginal note:Revocation of suspension or changes to conditions

    (2) If a person referred to in any of paragraphs (1)(a) to (c) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may

    • (a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or

    • (b) vary any conditions imposed under subsection 215(3) or section 215.1 and add or substitute other conditions as he or she sees fit.

  • 2013, c. 24, s. 64

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