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
R.S., c. N-5National Defence Act (continued)
16 Section 165.16 of the Act is replaced by the following:
Marginal note:Acting Director of Military Prosecutions
165.16 If the Director of Military Prosecutions is absent or unable to act or the office of Director of Military Prosecutions is vacant, the Minister may authorize any officer who is a barrister or advocate with standing at the bar of a province to exercise the powers and perform the duties and functions of the Director of Military Prosecutions, but that officer may act as the Director of Military Prosecutions for a period of more than 90 days only with the approval of the Governor in Council.
17 (1) Subsection 165.17(3) of the Act is replaced by the following:
Marginal note:Specific instructions or guidelines
(3) The Minister may issue instructions or guidelines in writing in respect of a particular prosecution.
(2) Subsections 165.17(5) and (6) of the Act are replaced by the following:
Marginal note:Exception
(5) The Director of Military Prosecutions may, if they consider it to be in the best interests of the administration of military justice, delay making an instruction or guideline issued under subsection (3), or any part of it, available to the public until the completion of the prosecution or any related prosecution.
Marginal note:Copies to Minister
(6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline issued under subsection (2).
18 Subsection 165.21(1) of the Act is replaced by the following:
Marginal note:Appointment
165.21 (1) The Governor in Council may appoint any officer or non-commissioned member who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been a member of the Canadian Forces for at least ten years to be a military judge.
19 (1) The portion of subsection 165.22(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Panel established
165.22 (1) There is established a Reserve Force Military Judges Panel to which the Governor in Council may name any officer or non-commissioned member who has been a member of the Canadian Forces for at least 10 years and who
(2) Subsection 165.22(2) of the Act is replaced by the following:
Marginal note:Reserve force military judge
(2) A member of the Canadian Forces named to the panel is referred to in this Act as a “reserve force military judge”.
20 (1) Subparagraph 183.5(1)(a)(i) of the Act is replaced by the following:
(i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 162, 162.1, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347 of the Criminal Code,
(2) Paragraphs 183.5(2)(a) and (b) of the French version of the Act are replaced by the following:
a) d’aviser dans les meilleurs délais la victime et tout témoin âgé de moins de dix-huit ans de leur droit de demander l’ordonnance;
b) de rendre l’ordonnance, si le procureur de la poursuite, la victime ou tout témoin âgé de moins de dix-huit ans lui en fait la demande;
(3) Subsection 183.5(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) if an order is made, as soon as feasible, inform the victim and witness who are the subject of that order of its existence and of their right to apply to revoke or vary it.
(4) Subsection 183.5(4) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.
(5) Subsection 183.5(6) of the Act is replaced by the following:
Marginal note:Duty to inquire
(5.1) If the prosecutor makes an application for an order under paragraph (2)(b) or (4)(b), the military judge shall
(a) if the victim or witness is present, inquire of them if they wish to be the subject of the order;
(b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim or witness wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (5.2).
Marginal note:Duty to inform
(5.2) If the prosecutor makes the application, they shall, as soon as feasible after the military judge makes the order, inform the military judge that they have
(a) informed the victim and the witness who are the subject of the order of its existence;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
Marginal note:Limitation
(6) An order made under this section does not apply in either of the following circumstances:
(a) the disclosure of information is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; or
(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
Marginal note:Limitation — victims and witnesses
(7) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.
21 (1) Subsection 183.6(4) of the Act is replaced by the following:
Marginal note:Limitation
(4) An order made under this section does not apply in either of the following circumstances:
(a) the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; or
(b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.
Marginal note:Limitation — victims, witnesses and other participants
(4.1) An order made under this section does not apply in respect of the disclosure of information by the victim, witness or military justice system participant when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim, witness or military justice system participant.
(2) Section 183.6 of the Act is amended by adding the following after subsection (6):
Marginal note:Duty to inquire
(6.1) If the prosecutor makes an application for an order under subsection (1) or (2), the military judge shall
(a) if the victim, witness or military justice system participant is present, inquire of them if they wish to be the subject of the order;
(b) if the victim, witness or military justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or military justice system participant wishes to be the subject of the order; and
(c) in any event, advise the prosecutor of their duty under subsection (9.2).
(3) Section 183.6 of the Act is amended by adding the following after subsection (9):
Marginal note:Supplementary duty — military judge
(9.1) If an order is made, the military judge shall, as soon as feasible, inform the victim, witness and military justice system participant who are the subject of that order of its existence and of their right to apply to revoke or vary it.
Marginal note:Duty to inform
(9.2) If the prosecutor makes the application, they shall, as soon as feasible after the military judge makes the order, inform the military judge that they have
(a) informed the victim, witness and military justice system participant who are the subject of the order of its existence;
(b) determined whether they wish to be the subject of the order; and
(c) informed them of their right to apply to revoke or vary the order.
22 The Act is amended by adding the following after section 183.6:
Marginal note:Application — vary or revoke
183.61 (1) If a person who is the subject of an order made under section 183.5 or 183.6 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to vary or revoke the order on their behalf.
Marginal note:Order — vary or revoke
(2) If an application to vary or revoke an order made under section 183.5 or 183.6 is made by the person who is the subject of the order or by any other person, including a prosecutor, who is acting on their behalf, the military judge assigned to preside at the court martial or a military judge designated by the Chief Military Judge shall, without holding a hearing, vary or revoke the order, unless the military judge is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Marginal note:Hearing
(3) If the military judge is of the opinion that varying or revoking the order that is the subject of an application referred to in subsection (2) may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the military judge shall hold a hearing to determine whether the order should be varied or revoked.
Marginal note:Factor
(4) In order to determine whether the order should be varied, the military judge shall take into account whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.
Marginal note:Notice
(5) The applicant is not required to provide notice of the application to vary or revoke the order to the accused.
Marginal note:Submissions
(6) The accused shall not be permitted to make submissions in relation to the application.
Marginal note:Notice of change
(7) If the order is varied or revoked, the prosecutor shall notify the accused.
23 (1) The definition designated offence in section 227 of the Act is replaced by the following:
- designated offence
designated offence means a primary offence or a secondary offence. (infraction désignée)
(2) Section 227 of the Act is amended by adding the following in alphabetical order:
- primary offence
primary offence means
(a) an offence referred to in any of paragraphs (a) to (e) of the definition primary offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction primaire)
- secondary offence
secondary offence means
(a) an offence referred to in paragraph (a) of the definition secondary offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; or
(b) an attempt or conspiracy to commit an offence referred to in paragraph (a). (infraction secondaire)
24 Section 227.01 of the Act is replaced by the following:
Marginal note:Order
227.01 (1) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of a designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act if
(a) a sentence of imprisonment of two years or more is imposed for the designated offence or, if the sentence is in respect of more than one offence, the court martial is of the opinion that a sentence of imprisonment of two years or more is justified for the designated offence; and
(b) the victim of the designated offence is under the age of 18 years.
Marginal note:Order — previous offence or obligation
(2) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of a designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of paragraphs (a) and (b), the person
(a) was previously convicted under section 130 in respect of a primary offence or was previously convicted under the Criminal Code of a primary offence, as defined in subsection 490.011(1) of that Act; or
(b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Marginal note:Order — other circumstances
(3) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of a designated offence in circumstances in which neither subsection (1) nor (2) applies, or when the court martial finds the person not responsible on account of mental disorder for a designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act unless the court martial is satisfied that the person has established that
(a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or
(b) the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature that is to be achieved by the registration of information relating to sex offenders under that Act.
Marginal note:Factors
(4) In determining whether to make an order under subsection (3) in respect of a person, the court martial shall consider
(a) the nature and seriousness of the designated offence;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
Marginal note:Limitation — secondary offences
(5) A court martial shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.
Marginal note:Interpretation
(6) For the purposes of paragraph (2)(a), a previous conviction includes a conviction for an offence
(a) for which a person is given an adult sentence, as defined in subsection 2(1) of the Youth Criminal Justice Act; or
(b) that is made in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
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