An Act to amend the National Defence Act and other Acts (S.C. 2026, c. 16)
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Assented to 2026-06-18
An Act to amend the National Defence Act and other Acts
S.C. 2026, c. 16
Assented to 2026-06-18
An Act to amend the National Defence Act and other Acts
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the National Defence Act and other Acts”.
SUMMARY
This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.
In response to those reports, the enactment amends that Act to, among other things,
(a) modify the process for appointing the Canadian Forces Provost Marshal, the Director of Military Prosecutions and the Director of Defence Counsel Services with a view to enhancing their independence;
(b) affirm the Judge Advocate General’s respect for the independence of authorities in the military justice system in the exercise of the Judge Advocate General’s superintendence of the administration of military justice;
(c) remove the court martial’s jurisdiction to try a person in relation to an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(d) remove the Canadian Armed Forces’ authority to investigate an offence under the Criminal Code that is alleged to have been committed in Canada and that is of a sexual nature or committed for a sexual purpose;
(e) expand the class of persons who are eligible to be appointed as a military judge;
(f) expand the class of persons who may make an interference complaint and provide that a member of the military police or person performing policing duties or functions under the Canadian Forces Provost Marshal’s supervision must make such a complaint in certain circumstances; and
(g) change the title of the Canadian Forces Provost Marshal to the Provost Marshal General.
In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim may request that a victim’s liaison officer be appointed to assist them.
It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.
Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Military Justice System Modernization Act.
R.S., c. N-5National Defence Act
2 Section 9.2 of the National Defence Act is amended by adding the following after subsection (1):
Marginal note:Clarification — independence
(1.1) For greater certainty, in the exercise of the Judge Advocate General’s superintendence, the Judge Advocate General respects the independence of authorities in the military justice system, including the Provost Marshal General, the Director of Military Prosecutions and the Director of Defence Counsel Services.
3 (1) Paragraph 12(3)(a) of the Act is replaced by the following:
(a) prescribing the rates and conditions of issue of pay of military judges;
(2) The portion of subsection 12(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Retroactive effect
(4) Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, they may not have effect
4 Subsections 18.3(1) to (4) of the Act are replaced by the following:
Marginal note:Appointment
18.3 (1) The Governor in Council may appoint an officer who has been a member of the military police for at least 10 years to be the Provost Marshal General.
Marginal note:Appointment within limited period
(1.1) The appointment must be made within 120 days of the day on which the office of Provost Marshal General becomes vacant.
Marginal note:Rank
(2) The Provost Marshal General holds a rank that is not less than brigadier-general.
Marginal note:Tenure of office
(3) The Provost Marshal General holds office during pleasure for a term not exceeding four years.
5 Paragraph 18.4(a) of the Act is replaced by the following:
(a) the supervision of the performance of policing duties and functions;
6 Sections 18.5 and 18.6 of the Act are replaced by the following:
Marginal note:Acting Provost Marshal General
18.41 If the Provost Marshal General is absent or unable to act or the office of Provost Marshal General is vacant, the Minister may authorize any officer who is a member of the military police to exercise the powers and perform the duties and functions of the Provost Marshal General, but that officer may act as the Provost Marshal General for a period of more than 90 days only with the approval of the Governor in Council.
Marginal note:Responsible to Minister
18.5 (1) The Provost Marshal General is responsible to the Minister in the performance of the responsibilities described in paragraphs 18.4(a) to (d).
Marginal note:General instructions or guidelines
(2) The Minister may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal General shall ensure that they are available to the public.
Marginal note:Annual report
18.6 The Provost Marshal General shall, within three months after the end of each fiscal year, submit to the Minister a report concerning the activities of the Provost Marshal General and the military police during the year.
7 Section 70 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) an offence under any of the following provisions of the Criminal Code:
(i) section 151 (sexual interference),
(ii) section 152 (invitation to sexual touching),
(iii) section 153 (sexual exploitation),
(iv) section 153.1 (sexual exploitation of person with disability),
(v) section 155 (incest),
(vi) subsection 160(1) (bestiality),
(vii) subsection 160(2) (compelling the commission of bestiality),
(viii) subsection 160(3) (bestiality in presence of or by a child),
(ix) section 162 (voyeurism),
(x) section 162.1 (publication, etc., of an intimate image without consent),
(xi) section 163.1 (child pornography),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171 (householder permitting prohibited sexual activity),
(xiv) section 171.1 (making sexually explicit material available to child),
(xv) section 172.1 (luring a child),
(xvi) section 172.2 (agreement or arrangement — sexual offence against child),
(xvii) subsection 173(2) (exposure),
(xviii) section 271 (sexual assault),
(xix) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xx) section 273 (aggravated sexual assault),
(xxi) section 273.3 (removal of a child from Canada),
(xxii) section 279.011 (trafficking — person under 18 years),
(xxiii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiv) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxv) section 286.1 (obtaining sexual services for consideration),
(xxvi) section 286.2 (material benefit from sexual services),
(xxvii) section 286.3 (procuring), and
(xxviii) section 286.4 (advertising sexual services);
(e) an offence under the Criminal Code — other than an offence referred to in paragraph (d) — that is of a sexual nature or that is committed for a sexual purpose;
(f) an offence under the Criminal Code, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (d) or (e) if it occurred on or after that day;
(g) conspiring or attempting to commit an offence referred to in any of paragraphs (d) to (f) or being an accessory after the fact to such an offence; or
(h) counselling a person to commit an offence referred to in any of paragraphs (d) to (f) if the offence is not committed.
8 The Act is amended by adding the following after section 70:
Marginal note:No authority to investigate — certain offences
70.1 Despite any other provision of this Act and any other law, an officer or non-commissioned member does not have authority to investigate, for the purposes of the laying of a charge under paragraph 130(1)(a) or an information under the Criminal Code, in relation to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.
Marginal note:Clarification — investigative measures
70.2 (1) Nothing in section 70.1 prevents an officer or non-commissioned member from exercising their powers or performing their duties and functions, before the arrival of the civilian authority having jurisdiction in the matter, to the extent necessary to prevent the commission, continuation or repetition of an offence referred to in any of paragraphs 70(d) to (h) that, as the case may be, is being, was, or is alleged to have been committed in Canada, including
(a) making an arrest in relation to the offence in accordance with Division 3 of Part III of this Act or section 494 or 495 of the Criminal Code; or
(b) if an arrest is made under paragraph (a), conducting a search incident to the arrest.
Marginal note:Evidence relating to the offence
(2) Nothing in section 70.1 prevents an officer or non-commissioned member from securing or preserving any evidence of or relating to the offence referred to in subsection (1) before the arrival of the civilian authority having jurisdiction in the matter.
Marginal note:Evidence otherwise secured
(3) Nothing in section 70.1 prevents an officer or non-commissioned member from securing or preserving — to the extent that their powers, duties and functions under this Act, other than under subsection (1) or (2), or any other law authorize them to do so — evidence of or relating to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.
Marginal note:Transfer of arrested persons and evidence
(4) An officer or non-commissioned member shall, as soon as feasible, transfer a person arrested under paragraph (1)(a) to the custody of the civilian authority having jurisdiction in the matter and transfer to them any evidence secured or preserved under any of subsections (1) to (3).
Marginal note:Clarification — private prosecutions
70.3 Nothing in section 70.1 prevents an officer or non-commissioned member from initiating or conducting a private prosecution in relation to an offence referred to in any of paragraphs 70(d) to (h).
9 (1) Subsection 71.16(1) of the Act is replaced by the following:
Marginal note:Victim’s liaison officer
71.16 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim or individual as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the victim or individual to be their liaison officer.
(2) Paragraphs 71.16(3)(a) and (b) of the Act are replaced by the following:
(a) explaining to the victim or individual acting on their behalf the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
(b) obtaining and transmitting to the victim or individual acting on their behalf information relating to a service offence that they have requested and to which they have a right under this Division.
10 Subsection 119.1(3) of the Act is replaced by the following:
Marginal note:Proof of certain facts by certificate
(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
11 The Act is amended by adding the following after section 162.5:
Marginal note:Military judges
162.51 A military judge is not to be charged with having committed a service infraction.
12 Paragraph 162.9(c) of the Act is repealed.
13 Section 163 of the Act is amended by adding the following after subsection (2):
Marginal note:Military judges
(3) Despite subsections (1) and (2), a military judge may not conduct a hearing.
14 Section 163.4 of the French version of the Act is replaced by the following:
Marginal note:Prescription
163.4 L’audience sommaire ne peut commencer que dans les six mois suivant la date de la commission présumée du manquement d’ordre militaire auquel elle se rapporte.
15 Section 165.1 of the Act is replaced by the following:
Marginal note:Appointment
165.1 (1) The Governor in Council may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Military Prosecutions.
Marginal note:Appointment within limited period
(1.1) The appointment must be made within 120 days of the day on which the office of Director of Military Prosecutions becomes vacant.
Marginal note:Tenure of office
(2) The Director of Military Prosecutions holds office during good behaviour for a term of not more than seven years but may be subject to remedial or disciplinary measures in accordance with section 165.101.
Marginal note:Term not renewable
(3) The Director of Military Prosecutions is not eligible to be reappointed.
Marginal note:Suspension
(4) On receipt of a request referred to in subsection 165.101(1), the Governor in Council may, if the Governor in Council is of the opinion that there are exceptional circumstances that justify it, suspend the Director of Military Prosecutions from office until the Governor in Council decides whether to impose any remedial or disciplinary measures.
Marginal note:Definition of exceptional circumstances
(5) For the purposes of subsection (4), exceptional circumstances include circumstances in which there are allegations of serious misconduct or allegations related to a risk to occupational health and safety or to a risk of injury to international relations, national defence or national security.
Marginal note:Inquiry
165.101 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Military Prosecutions should be subject to remedial or disciplinary measures for any reason set out in paragraphs (12)(a) to (e).
Marginal note:Appointment of judge
(2) On receipt of a request, the Governor in Council may appoint a judge of a superior court to conduct the inquiry.
Marginal note:Powers
(3) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to
(a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and
(b) administer oaths and examine any person on oath.
Marginal note:Staff
(4) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.
Marginal note:Inquiry in public
(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.
Marginal note:Confidentiality of inquiry
(6) The judge may, on application, take any measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that
(a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;
(b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or
(c) there is a serious possibility that the life, liberty or security of a person will be endangered.
Marginal note:Confidentiality of application
(7) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (6).
Marginal note:Rules of evidence
(8) The judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that they consider credible or trustworthy in the circumstances of the case.
Marginal note:Intervenors
(9) An interested party may, with leave of the judge, intervene in the inquiry on any terms and conditions that the judge considers appropriate.
Marginal note:Notice to Director of Military Prosecutions
(10) The Director of Military Prosecutions shall be given reasonable notice of the subject matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.
Marginal note:Report to Minister
(11) After the inquiry has been completed, the judge shall submit a report containing their findings and recommendations, if any, to the Minister.
Marginal note:Recommendations
(12) The judge may, in the report, recommend that the Director of Military Prosecutions be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the Director
(a) has become incapacitated from the proper execution of that office by reason of infirmity;
(b) has committed misconduct;
(c) has failed in the proper execution of that office;
(d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or
(e) no longer satisfies the minimum standards and conditions of service applicable to officers.
Marginal note:Transmission of report to Governor in Council
(13) The Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the Director of Military Prosecutions without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.
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