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An Act to amend the National Defence Act (court martial) and to make a consequential amendment to another Act (S.C. 2008, c. 29)

Assented to 2008-06-18

R.S., c. N-5NATIONAL DEFENCE ACT

REVIEW AND REPORT

Marginal note:Review
  •  (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

TRANSITIONAL PROVISION

Marginal note:Reference to General Court Martial

 For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act, any reference to a General Court Martial is also a reference to a Disciplinary Court Martial.

CONSEQUENTIAL AMENDMENT

R.S., c. G-3Geneva Conventions Act

 The definition “court” in section 4 of the Geneva Conventions Act is replaced by the following:

“court”

« tribunal »

“court” includes a General Court Martial and a Standing Court Martial convened under the National Defence Act;

COORDINATING AMENDMENTS

Marginal note:Bill C-45
  •  (1) If Bill C-45, introduced in the 2nd session of the 39th Parliament and entitled An Act to amend the National Defence Act and to make consequential amendments to other Acts (the “other Act”), receives royal assent, then subsections (2) to (12) apply.

  • (2) If section 10 of this Act comes into force before section 45 of the other Act, that section 45 is repealed.

  • (3) If section 10 of this Act comes into force on the same day as section 45 of the other Act, then that section 45 is deemed to have come into force before that section 10.

  • (4) If section 13 of this Act comes into force before section 50 of the other Act, that section 50 is repealed.

  • (5) If section 13 of this Act comes into force on the same day as section 50 of the other Act, then that section 50 is deemed to have come into force before that section 13.

  • (6) If section 14 of this Act comes into force before section 51 of the other Act, that section 51 is repealed.

  • (7) If section 14 of this Act comes into force on the same day as section 51 of the other Act, then that section 51 is deemed to have come into force before that section 14.

  • (8) If section 14 of this Act comes into force before section 52 of the other Act, that section 52 is repealed.

  • (9) If section 14 of this Act comes into force on the same day as section 52 of the other Act, then that section 52 is deemed to have come into force before that section 14.

  • (10) If section 14 of this Act comes into force before section 53 of the other Act, that section 53 is repealed.

  • (11) If section 14 of this Act comes into force on the same day as section 53 of the other Act, then that section 53 is deemed to have come into force before that section 14.

  • (12) On the first day on which both section 62 of the other Act and section 1 of this Act are in force, the portion of subsection 203.5(2) of the National Defence Act before paragraph (a) is replaced by the following:

    • Marginal note:Panel

      (2) In the case of a General Court Martial, the court martial

COMING INTO FORCE

Marginal note:After royal assent — 30 days

 This Act, other than section 31, comes into force 30 days after the day on which it receives royal assent.

 

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