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)
36 Paragraph 230(g) of the Act is replaced by the following:
(g) the legality of a decision made under section 227.01 or 227.02;
37 Paragraph 230.1(h) of the Act is replaced by the following:
(h) the legality of a decision made under section 227.01 or 227.02;
38 Section 230.2 of the Act is replaced by the following:
Marginal note:Appeal from order
230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or 227.22, a termination order under section 227.03 or 227.12 or a variation order under section 227.23 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.
39 (1) Subsections 240.5(1) and (2) of the Act are replaced by the following:
Marginal note:Appeal against decision
240.5 (1) On the hearing of an appeal respecting the legality of a decision made under section 227.01 or 227.02 or subsection 227.04(1), 227.1(4) or 227.13(1) the Court Martial Appeal Court, or another court hearing the appeal, may
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under the applicable provision.
Marginal note:Appeal against decision — section 227.22 or 227.23
(1.1) On the hearing of an appeal respecting the legality of a decision made under section 227.22 or 227.23, the Court Martial Appeal Court, or another court hearing the appeal, may
(a) dismiss the appeal; or
(b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 227.22(5) or section 227.23.
Marginal note:Requirements relating to notice
(2) If the Court Martial Appeal Court or other court makes an order that may be made under section 227.01, it shall cause the requirements set out in section 227.05 to be fulfilled.
(2) Subsections 240.5(3) and (4) of the French version of the Act are replaced by the following:
Marginal note:Avis au grand prévôt
(3) Si elle rend une ordonnance en application des paragraphes 227.04(1) ou 227.13(1), la Cour d’appel de la cour martiale — ou toute autre juridiction saisie de l’appel — veille à ce que le grand prévôt en soit avisé.
Marginal note:Radiation des renseignements
(4) Si elle rend une ordonnance de dispense en application du paragraphe 227.1(4), la Cour d’appel de la cour martiale — ou toute autre juridiction saisie de l’appel — rend aussi l’ordonnance prévue au paragraphe 227.1(6).
(3) Section 240.5 of the Act is amended by adding the following after subsection (4):
Marginal note:Removal of information from database
(5) If the Court Martial Appeal Court or other court makes an exemption order that may be made under section 227.22, it shall also make the order referred to in subsection 227.22(8).
Marginal note:Requirements relating to notice
(6) If the Court Martial Appeal Court or other court quashes an exemption order made under section 227.22, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of section 119.1 and sections 4 to 7.1 of the Sex Offender Information Registration Act.
Marginal note:Notice — variation order
(7) If the Court Martial Appeal Court or other court quashes or amends a variation order made under section 227.23, or makes an order that may be made under that section, it shall cause the Provost Marshal to be notified of the decision.
40 Section 249.18 of the Act is replaced by the following:
Marginal note:Appointment
249.18 (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 Defence Counsel Services.
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 Defence Counsel Services becomes vacant.
Marginal note:Tenure of office
(2) The Director of Defence Counsel Services 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 249.181.
Marginal note:Term not renewable
(3) The Director of Defence Counsel Services is not eligible to be reappointed.
Marginal note:Suspension
(4) On receipt of a request referred to in subsection 249.181(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 Defence Counsel Services 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
249.181 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Defence Counsel Services 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 Defence Counsel Services
(10) The Director of Defence Counsel Services 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 Defence Counsel Services 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 Defence Counsel Services without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.
Marginal note:Acting Director of Defence Counsel Services
249.182 If the Director of Defence Counsel Services is absent or unable to act or the office of Director of Defence Counsel Services 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 Defence Counsel Services, but that officer may act as the Director of Defence Counsel Services for a period of more than 90 days only with the approval of the Governor in Council.
41 The definition interference complaint in section 250 of the Act is replaced by the following:
- interference complaint
interference complaint means a complaint made under subsection 250.19(1) or (1.1). (plainte pour ingérence)
42 Subsection 250.19(1) of the Act is replaced by the following:
Marginal note:Obligation to make complaint
250.19 (1) Any member of the military police or person performing policing duties or functions under the Provost Marshal General’s supervision who believes on reasonable grounds that any officer, non-commissioned member or senior official of the Department has improperly interfered with the performance of any of the policing duties or functions that are prescribed for the purposes of section 250.18 in regulations made by the Governor in Council shall make a complaint about that person under this Division.
Marginal note:Right to make complaint
(1.1) If they believe on reasonable grounds that an officer, non-commissioned member or senior official of the Department has improperly interfered with the performance of any of the policing duties or functions that are prescribed for the purposes of section 250.18 in regulations made by the Governor in Council, any of the following may make a complaint about that person under this Division:
(a) a victim or other person affected by the performance of the policing duty or function; or
(b) an individual acting on behalf of a victim referred to in paragraph (a).
43 Subsection 250.26(2) of the Act is replaced by the following:
Marginal note:Complaint about Provost Marshal General
(2) If a conduct complaint is about the conduct of the Provost Marshal General, the Minister, or a person designated by the Minister, is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal General under this Division.
44 Subsection 250.49(2) of the Act is replaced by the following:
Marginal note:Exception
(2) If the Provost Marshal General is the subject of the complaint, the review shall be conducted by the Minister.
45 Subsection 250.5(2) of the Act is replaced by the following:
Marginal note:Exceptions
(2) If the Chief of the Defence Staff, the Deputy Minister or the Provost Marshal General is the subject of the complaint, the review shall be conducted by the Minister.
46 Section 303.1 of the Act is amended by adding the following after subsection (1):
Marginal note:Prosecution — limitation
(1.1) A prosecutor shall not commence or continue a prosecution against a person who is the subject of the order unless, in the opinion of the prosecutor,
(a) the person knowingly failed to comply with the order;
(b) the privacy interests of another 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 have been compromised; and
(c) a warning to the individual is not appropriate.
Marginal note:Replacement of “Canadian Forces Provost Marshal” and “Provost Marshal”
47 (1) The Act is amended by replacing “Canadian Forces Provost Marshal” and “Provost Marshal” with “Provost Marshal General” in the following provisions:
(a) the heading before section 18.3;
(b) subsection 18.3(5);
(c) the portion of section 18.4 before paragraph (a);
(d) paragraph 215(2)(c);
(e) subsection 227.04(3);
(f) subparagraph 227.05(1)(d)(iii);
(g) subsection 227.07(1);
(h) subsection 227.08(4);
(i) section 227.11;
(j) subsection 227.13(3);
(k) subsection 227.15(4);
(l) the portion of subsection 227.15(5) before paragraph (a);
(m) subsection 227.16(3);
(n) the portion of subsection 227.18(1) before paragraph (a);
(o) the portion of subsection 227.18(2) before paragraph (a);
(p) subsection 227.19(1);
(q) the portion of subsection 227.19(2) before paragraph (a);
(r) section 227.21;
(s) subsection 240.5(3);
(t) subsection 250.21(1);
(u) subparagraphs 250.21(2)(c)(i) to (iii);
(v) section 250.22;
(w) subsection 250.24(2);
(x) section 250.25;
(y) subsection 250.26(1);
(z) section 250.261;
(z.1) subsection 250.27(1);
(z.2) the portion of subsection 250.27(4) before paragraph (a);
(z.3) paragraph 250.27(6)(c);
(z.4) subsection 250.28(1);
(z.5) the portion of section 250.29 before paragraph (a);
(z.6) the portion of subsection 250.3(1) before paragraph (a);
(z.7) paragraphs 250.31(2)(a) and (b);
(z.8) subsection 250.32(3);
(z.9) subsections 250.34(2) and (3);
(z.91) subsections 250.35(1) and (3);
(z.92) paragraph 250.36(e);
(z.93) paragraph 250.37(1)(d);
(z.94) subsections 250.38(3) and (5);
(z.95) section 250.39;
(z.96) paragraph 250.4(1)(b);
(z.97) section 250.48;
(z.98) subsection 250.49(1); and
(z.99) subsection 250.53(2).
Marginal note:Replacement of “Provost Marshal” — English version
(2) The English version of the Act is amended by replacing “Provost Marshal” with “Provost Marshal General” in the following provisions:
(a) the portion of subsection 250.27(5) before paragraph (a);
(b) the portion of subsection 250.28(2) before paragraph (a);
(c) the portion of subsection 250.28(3) before paragraph (a); and
(d) subsections 250.3(2) and (3).
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