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 (continued)
2014, c. 27Prohibiting Cluster Munitions Act
60 Section 18 of the Prohibiting Cluster Munitions Act is replaced by the following:
Marginal note:Consent of Attorney General of Canada
18 Proceedings for an offence under section 17 or under a regulation made under section 23, 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.
2015, c. 13, s. 2Canadian Victims Bill of Rights
61 Subsection 18(3) of the Canadian Victims Bill of Rights is replaced by the following:
Marginal note:National Defence Act
(3) Subject to subsection (4), this Act does not apply in respect of offences that are service offences, as defined in subsection 2(1) of the National Defence Act, that are investigated or proceeded with under that Act.
Marginal note:Application
(4) This Act applies in respect of an offender who is convicted of a service offence, as defined in subsection 2(1) of the National Defence Act and who is committed to a penitentiary or a civil prison, as those terms are defined in that subsection.
62 Subsection 22(2) of the Act is replaced by the following:
Marginal note:Exception — Acts, regulations, etc.
(2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act and the Privacy Act and in respect of orders, rules and regulations made under any of those Acts. It also does not apply in respect of Division 1.1 of Part III of the National Defence Act and in respect of any orders, rules and regulations made under that Act to the extent that they apply in relation to that Division.
Related and Coordinating Amendments
Marginal note:2013, c. 24
63 (1) In this section, other Act means the Strengthening Military Justice in the Defence of Canada Act.
(2) If section 12 of the other Act comes into force before section 3 of this Act, then that section 3 is repealed.
(3) If section 12 of the other Act comes into force on the same day as section 3 of this Act, then that section 3 is deemed to have come into force before that section 12.
(4) On the first day on which both section 14 of the other Act and subsection 2(1) of this Act are in force, paragraph 66(1)(b) of the National Defence Act is replaced by the following:
(b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions.
(5) On the first day on which both section 24 of the other Act and subsection 2(1) of this Act are in force, section 148 of the National Defence Act is replaced by the following:
Marginal note:Imprisonment or detention
148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order
Marginal note:Application to vary intermittent sentence
(2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions.
Marginal note:New sentence of imprisonment or detention
(3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise.
Marginal note:Hearing into breach of conditions
(4) 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 paragraph (1)(b) may be made by a military judge.
Marginal note:Consequences of breach
(5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may
(6) On the first day on which both section 27 of the other Act and subsection 2(1) of this Act are in force, paragraph 155(2.1)(b) of the National Defence Act is replaced by the following:
(b) they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law.
(7) On the first day on which both section 65 of the other Act and subsection 2(1) of this Act are in force, subsection 216(2.1) of the National Defence Act is replaced by the following:
Marginal note:Notification
(2.1) A suspending authority that suspends a punishment shall provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council.
(8) On the first day on which both section 74 of the other Act and subsection 2(1) of this Act are in force, subsection 249.25(1) of the National Defence Act is replaced by the following:
Marginal note:Restitution of property
249.25 (1) A court martial that finds a person guilty of an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled.
(9) If section 24 of this Act comes into force before section 34 of the other Act, then that section 34 is repealed.
(10) If section 34 of the other Act comes into force on the same day as section 24 of this Act, then that section 34 is deemed to have come into force before that section 24.
(11) If section 25 of this Act comes into force before section 35 of the other Act, then that section 35 is repealed.
(12) If section 35 of the other Act comes into force on the same day as section 25 of this Act, then that section 35 is deemed to have come into force before that section 25.
(13) If section 25 of this Act comes into force before subsection 36(1) of the other Act, then that subsection 36(1) is repealed.
(14) If subsection 36(1) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(1) is deemed to have come into force before that section 25.
(15) If section 25 of this Act comes into force before subsection 36(2) of the other Act, then that subsection 36(2) is repealed.
(16) If subsection 36(2) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(2) is deemed to have come into force before that section 25.
(17) If section 25 of this Act comes into force before subsection 36(3) of the other Act, then that subsection 36(3) is repealed.
(18) If subsection 36(3) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(3) is deemed to have come into force before that section 25.
(19) If section 25 of this Act comes into force before subsection 36(4) of the other Act, then that subsection 36(4) is repealed.
(20) If subsection 36(4) of the other Act comes into force on the same day as section 25 of this Act, then that subsection 36(4) is deemed to have come into force before that section 25.
(21) On the first day on which both section 62 of the other Act and section 25 of this Act are in force,
(a) the heading before section 203.1 of the National Defence Act is replaced by the following:
Purpose and Principles of Sentencing by Courts Martial
(b) subsection 203.1(1) of the National Defence Act is replaced by the following:
Marginal note:Fundamental purpose of sentencing
203.1 (1) The fundamental purpose of sentencing is to maintain the discipline, efficiency and morale of the Canadian Forces.
(c) the portion of subsection 203.1(2) of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Objectives
(2) The fundamental purpose of sentencing is to be achieved by imposing just punishments that have one or more of the following objectives:
(d) paragraph 203.1(2)(c) of the National Defence Act is replaced by the following:
(c) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;
(e) paragraph 203.1(2)(i) of the National Defence Act is replaced by the following:
(i) to promote a sense of responsibility in offenders and an acknowledgment of the harm done to victims or to the community.
(f) the portion of section 203.3 of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Other sentencing principles
203.3 Sentences must be imposed in accordance with the following other principles:
(g) section 203.4 of the National Defence Act is replaced by the following:
Marginal note:Abuse of persons under age of 18
203.4 When a court martial imposes a sentence for an offence that involved the abuse of a person under the age of 18 years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct.
(h) sections 203.6 and 203.7 of the National Defence Act are replaced by the following:
Marginal note:Duty to consider victim impact statement
203.6 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.
Marginal note:Filing of statement
(2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council.
Marginal note:Presentation of statement
(3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by
(a) reading it;
(b) reading it in the presence and close proximity of any support person of the victim’s choice;
(c) subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or
(d) presenting it in any other manner that the court martial considers appropriate.
Marginal note:Evidence concerning victim admissible
(4) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
Marginal note:Inquiry by court martial
203.7 (1) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1).
Marginal note:Adjournment
(2) On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
Marginal note:Photograph
(3) During the presentation
(a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or
(b) if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings.
Marginal note:Conditions of exclusion
(4) The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Marginal note:Consideration of statement
(5) In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion.
Military Impact Statement
Marginal note:Military impact statement
203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale.
Marginal note:Filing of statement
(2) The statement must be prepared by an officer or non-commissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council.
Marginal note:Presentation of statement
(3) The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate.
Marginal note:Copy of statement
(4) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.
Community Impact Statement
Marginal note:Community impact statement
203.72 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community.
Marginal note:Filing of statement
(2) The statement must be filed in accordance with regulations made by the Governor in Council.
Marginal note:Presentation of statement
(3) The court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by
(a) reading it;
(b) reading it in the presence and close proximity of any support person of the individual’s choice;
(c) subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or
(d) presenting it in any other manner that the court martial considers appropriate.
Marginal note:Conditions of exclusion
(4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.
Marginal note:Copy of statement
(5) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.
(i) subsection 203.8(1) of the National Defence Act is replaced by the following:
Marginal note:Absolute discharge
203.8 (1) If an accused person pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely.
(j) the portion of subsection 203.8(2) of the English version of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Effect of discharge
(2) If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that
(k) paragraph 203.8(2)(b) of the National Defence Act is replaced by the following:
(b) the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and
(l) the National Defence Act is amended by adding the following before section 203.9:
Marginal note:Court martial to consider restitution order
203.81 (1) A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely shall consider making a restitution order under section 203.9.
Marginal note:Inquiry by court martial
(2) As soon as feasible after a finding of guilt and in any event before imposing the sentence or directing that the offender be discharged absolutely, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.
Marginal note:Adjournment
(3) On application of the prosecutor or on its own motion, the court martial may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
Marginal note:Form
(4) Victims and other persons may indicate whether they are seeking restitution by completing a form prescribed in regulations made by the Governor in Council and by filing it in accordance with the procedures provided for in regulations made by the Governor in Council, and, if they are seeking restitution, shall establish, in the same manner, their losses and damages, the amount of which must be readily ascertainable.
Marginal note:Reasons
(5) If a victim seeks restitution and the court martial does not make a restitution order, it shall include in the court record a statement of its reasons for not doing so.
(m) sections 203.91 and 203.92 of the National Defence Act are replaced by the following:
Marginal note:Ability to pay
203.901 The offender’s financial means or ability to pay does not prevent the court martial from making an order under section 203.9.
Marginal note:Payment under order
203.902 In making an order under section 203.9, the court martial shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court martial is of the opinion that the amount should be paid in instalments, in which case the court martial shall set out a periodic payment scheme in the order.
Marginal note:More than one person
203.91 An order under section 203.9 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.
Marginal note:Enforcing restitution order
203.92 (1) An offender who fails to pay an amount that is ordered to be paid in a restitution order by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order, and the person who was to be paid the amount or to whom the periodic payment was to be made, as the case may be, may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Marginal note:Moneys found on offender
(2) All or any part of an amount that is ordered to be paid in a restitution order may be taken out of moneys found in the possession of the offender at the time of their arrest if the court martial making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.
(n) section 203.93 of the English version of the National Defence Act is replaced by the following:
Marginal note:Notice of order
203.93 A court martial that makes a restitution order shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid.
(22) On the first day on which both section 62 of the other Act and this section are in force, subparagraph 203.3(a)(ii) of the National Defence Act is replaced by the following:
(ii) the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor,
(23) On the first day on which both section 62 of the other Act and this section are in force, paragraphs 203.3(c) and (d) of the National Defence Act are replaced by the following:
(c) an offender should not be deprived of liberty by imprisonment or detention if less restrictive punishments may be appropriate in the circumstances;
(c.1) all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders;
(d) a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces; and
(24) On the first day on which both section 50 of the other Act and section 27 of this Act are in force, section 180 of the National Defence Act and the heading before it are replaced by the following:
Admission to Courts Martial and Certain Proceedings Before Military Judges
Marginal note:Proceedings public
180 (1) Unless this Act provides otherwise, court martial proceedings, and proceedings before military judges under any of sections 147.6, 148, 158.7, 159, 187, 215.2 and 248.81, must be public and, to the extent that accommodation permits, the public must be admitted to the proceedings.
Marginal note:Exception
(2) A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on the military judge’s own motion, order that the public be excluded during the whole or any part of the proceedings or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the military judge considers that it is necessary in the interests of public safety, public morals, the maintenance of order or the proper administration of military justice, or to prevent injury to international relations, national defence or national security.
Marginal note:Factors to be considered
(3) In determining whether the order is in the interest of the proper administration of military justice, the military judge shall consider
(a) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process;
(b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;
(c) the ability of any witness, if the order were not made, to give a full and candid account of the acts complained of;
(d) whether any witness needs the order for their security or to protect them from intimidation or retaliation;
(e) the protection of military justice system participants who are involved in the proceedings;
(f) whether effective alternatives to the making of the order are available in the circumstances;
(g) the salutary and deleterious effects of the order; and
(h) any other factor that the military judge considers relevant.
Marginal note:No adverse inference
(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.
Marginal note:Reasons to be stated
(5) If a person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reasons for not making an order.
Marginal note:Witnesses
(6) Witnesses are not to be admitted to the proceedings except when under examination or by leave of the military judge.
Marginal note:Clearing court
(7) For the purpose of any deliberation, the military judge may cause the place where the proceedings are being held to be cleared.
(25) On the first day on which both section 64 of the other Act and section 34 of this Act are in force,
(a) subsections 215(1) to (3) of the National Defence Act are replaced by the following:
Marginal note:Suspension of execution of punishment
215 (1) If an offender is sentenced to imprisonment or detention, the execution of the punishment may be suspended by the court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court.
Marginal note:Consideration of victim’s safety and security
(1.1) If the court martial or the Court Martial Appeal Court, as the case may be, makes a decision that the execution of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.
Marginal note:Copy to victim
(1.2) The court martial or the Court Martial Appeal Court, as the case may be, shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim.
Marginal note:Conditions
(2) In suspending the execution of a punishment, the court martial or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender:
(a) to keep the peace and be of good behaviour;
(b) to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in paragraph 215.2(1)(a) or (b); and
(c) in the case of an offender who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation.
Marginal note:Other conditions
(3) The court martial or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions.
(b) sections 215.1 and 215.2 of the National Defence Act are replaced by the following:
Marginal note:Varying conditions
215.1 On application by an offender, a condition imposed under subsection 215(3) or varied, added or substituted under this section or section 215.2 may be varied, or another condition may be substituted for that condition, by
(a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or
(b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court.
Marginal note:Hearing into breach of conditions
215.2 (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 or varied, added or substituted under section 215.1 or this section may be made by
Marginal note:Revocation of suspension or changes to conditions
(2) If a person referred to in paragraph (1)(a) or (b) 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 varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit.
(26) If section 69 of the other Act comes into force before section 37 of this Act, then that section 37 is replaced by the following:
37 Section 230 of the Act is amended by adding the following after paragraph (i):
(i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);
(27) If section 37 of this Act comes into force before section 69 of the other Act, then that section 69 is replaced by the following:
69 Section 230 of the Act is amended by striking out “or” at the end of paragraph (g) and by replacing paragraph (h) with the following:
(h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;
(i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
(j) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);
(k) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9, or the legality of an order made under section 249.25; or
(l) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed, varied, added or substituted by a court martial under subsection 215(3) or section 215.1 or 215.2.
(28) If section 69 of the other Act comes into force on the same day as section 37 of this Act, then
(a) that section 37 is deemed never to have come into force and is repealed; and
(b) section 230 of the National Defence Act is amended by adding the following after paragraph (i):
(i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);
(29) If section 70 of the other Act comes into force before section 38 of this Act, then that section 38 is replaced by the following:
38 Section 230.1 of the Act is amended by adding the following after paragraph (j):
(j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);
(30) If section 38 of this Act comes into force before section 70 of the other Act, then that section 70 is replaced by the following:
70 Section 230.1 of the Act is amended by striking out “or” at the end of paragraph (h) and by replacing paragraph (i) with the following:
(i) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;
(j) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;
(k) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);
(l) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9, or the legality of an order made under section 249.25; or
(m) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed, varied, added or substituted by a court martial under subsection 215(3) or section 215.1 or 215.2.
(31) If section 70 of the other Act comes into force on the same day as section 38 of this Act, then
(a) that section 38 is deemed never to have come into force and is repealed; and
(b) section 230.1 of the National Defence Act is amended by adding the following after paragraph (j):
(j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);
(32) On the first day on which both section 63 of the other Act and section 46 of this Act are in force, subsection 204(1) of the National Defence Act is replaced by the following:
Marginal note:Commencement of term
204 (1) Subject to subsections (3) and 148(1) and sections 215 to 217, the term of a punishment of imprisonment or detention shall commence on the day on which the court martial pronounces sentence on the offender.
(33) On the first day on which both section 75 of the other Act and this section are in force, the portion of subsection 249.27(1) of the French version of the National Defence Act before paragraph (a) is replaced by the following:
Marginal note:Déclaration de culpabilité — infraction particulière
249.27 (1) Quiconque est condamné pour l’une ou l’autre des infractions ci-après, ou l’a été avant l’entrée en vigueur du présent article, n’est pas condamné pour une infraction criminelle :
(34) If section 75 of the other Act comes into force before the day on which this Act receives royal assent, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i) is replaced by the following:
(a) an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments:
(35) If subsection (34) applies, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i), as enacted by that subsection (34), is deemed to have been enacted on the day on which section 75 of the other Act came into force.
(36) If subsection (34) does not apply, then on the day on which section 75 of the other Act comes into force, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i) is replaced by the following:
(a) an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments:
- Date modified: