An Act to amend the National Defence Act and other Acts (S.C. 2026, c. 16)

R.S., c. C-46Criminal Code

48 Subsection 490.02(3) of the Criminal Code is replaced by the following:

49 Subsection 490.022(4) of the Act is replaced by the following:

• 50 (1) Paragraphs 490.04(1)(a) and (b) of the Act are replaced by the following:

  • (a) an order made under section 490.012 on or after April 15, 2011 but before October 26, 2023;

  • (a.1) an order made under section 227.01 of the National Defence Act on or after April 15, 2011 but before the day on which this paragraph comes into force; or

  • (b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before October 26, 2023.

• (2) Subsection 490.04(2) of the Act is replaced by the following:

  • Marginal note:Limitation — application

    (2) A person is not permitted to apply under paragraph (1)(b) if, on or after October 26, 2023, they have made an application for an exemption order under section 490.02905 or 490.029111 in respect of the same obligation.

• (3) Paragraph 490.04(3)(a) of the Act is replaced by the following:

  • (a) a superior court of criminal jurisdiction,

    • (i) if the application is made under paragraph (1)(a) in respect of an order made by such a court, or

    • (ii) if the application is made under paragraph (1)(a.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.22(2) of the National Defence Act; or

• (4) The portion of paragraph 490.04(4) of the Act before subparagraph (b)(i) is replaced by the following:

  • Marginal note:Limitation — exemption order

    (4) The court shall not make an exemption order in respect of an application made under paragraph (1)(a) or (a.1) if

    • (a) in the case of an order referred to in paragraph (1)(a), the designated offence that is the basis of the order was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years;

    • (a.1) in the case of an order referred to in paragraph (1)(a.1), the sentence for the designated offence, as defined in section 227 of the National Defence Act, that is the basis of the order is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or

    • (b) before or after the order referred to in paragraph (1)(a) or (a.1) was made, the person

• (5) Subsection 490.04(8) of the Act is replaced by the following:

  • Marginal note:Removal of information from database

    (8) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012 or under section 227.01 of the National Defence Act, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.

• 51 (1) Paragraph 490.05(1)(a) of the Act is replaced by the following:

  • (a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before October 26, 2023;

  • (a.1) an order made under section 227.01 of the National Defence Act, if the order applies for life under subsection 227.02(2.1) of that Act, as it read from time to time before the day on which this paragraph comes into force;

• (2) Paragraphs 490.05(1)(c) and (d) of the Act are replaced by the following:

  • (b.1) an obligation under section 227.06 of the National Defence Act, if the obligation applies for life under paragraph 227.09(3)(d) of that Act and none of the offences listed in the prescribed form served on the person under that Act in respect of the obligation have a maximum term of imprisonment for life;

  • (c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before October 26, 2023 and the condition set out in paragraph 490.029051(1)(b) is met; or

  • (d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before October 26, 2023 and the condition set out in paragraph 490.029112(1)(b) is met.

• (3) Paragraph 490.05(3)(a) of the Act is replaced by the following:

  • (a) a superior court of criminal jurisdiction,

    • (i) if the application is made under paragraph (1)(a) in respect of an order made by such a court, or

    • (ii) if the application is made under paragraph (1)(a.1) or (b.1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.23(2) of the National Defence Act; or

• (4) Subsection 490.05(5) of the Act is amended by adding the following after paragraph (a):

  • (a.1) subsection 227.02(2) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 227.01 of that Act;

• (5) Subsection 490.05(5) of the Act is amended by adding the following after paragraph (b):

  • (b.1) paragraphs 227.09(3)(a) and (b) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 227.06 of that Act;

52 Subsection 490.06(2) of the Act is replaced by the following:

53 The Act is amended by replacing “Canadian Forces Provost Marshal” with “Provost Marshal General” in section 5 of Form 52 of Part XXVIII.

2013, c. 24Strengthening Military Justice in the Defence of Canada Act

54 Section 13 of the Strengthening Military Justice in the Defence of Canada Act is repealed.

2004, c. 10Consequential Amendments to the Sex Offender Information Registration Act

Marginal note:Replacement of “Canadian Forces Provost Marshal”

55 The Sex Offender Information Registration Act is amended by replacing “Canadian Forces Provost Marshal” with “Provost Marshal General” in the following provisions:

• (a) the portion of subsection 8.2(1) before paragraph (a);

• (b) the portion of subsection 8.2(2) before paragraph (a);

• (c) subsections 8.2(3) to (5);

• (d) the portion of subsection 8.2(6) before paragraph (a);

• (e) the portion of subsection 8.2(7) before paragraph (a); and

• (f) subsection 12(2).

Transitional Provisions

Marginal note:Words and expressions

56 The words and expressions used in sections 57 to 65 have the same meaning as in the National Defence Act.

Marginal note:Canadian Forces Provost Marshal

• 57 (1) The person who holds office as the Canadian Forces Provost Marshal immediately before the day on which section 4 comes into force

  • (a) continues, for the remainder of the term for which they were appointed, to hold office, but they hold office during pleasure and as the Provost Marshal General; and

  • (b) is deemed, for that term, to have been appointed under subsection 18.3(1) of the National Defence Act, as amended by that section 4.

• Marginal note:No compensation

  (2) Despite the provisions of any contract, agreement or order, the person referred to in subsection (1) has no right to claim or receive any compensation, damages, indemnity or other form of relief from His Majesty in right of Canada or from any employee or agent of His Majesty due to the changes made to their appointment by that subsection.

• Marginal note:Inquiry continued

  (3) An inquiry under subsections 18.3(3) and (4) of the National Defence Act, as they read immediately before the day on which section 4 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that

  • (a) the inquiry committee must provide a record of the inquiry and a report of its conclusions to the Minister, who may recommend to the Governor in Council that the Provost Marshal General be removed from office; and

  • (b) the Governor in Council has the power referred to in that subsection 18.3(3) to remove the Provost Marshal General from office.

Marginal note:General Instructions or guidelines by Vice Chief of Defence Staff

• 58 (1) An instruction or guideline issued under subsection 18.5(2) of the National Defence Act, as it read immediately before the day on which section 6 comes into force, that is in effect immediately before that day is deemed to be an instruction or guideline issued by the Minister under subsection 18.5(2) of the National Defence Act, as amended by that section 6.

• Marginal note:Copy to Minister

  (2) The Vice Chief of the Defence Staff must provide the Minister with a copy of every instruction or guideline referred to in subsection (1) as soon as feasible after the day on which section 6 comes into force.

Marginal note:Specific Instructions or guidelines by Vice Chief of Defence Staff

59 An instruction or guideline issued under subsection 18.5(3) of the National Defence Act, as it read immediately before the day on which section 6 comes into force, that is in effect immediately before that day ceases to be in effect.

Marginal note:Transfer of ongoing investigations

60 As soon as feasible after the day on which section 7 comes into force, but no later than 60 days after that day, the Canadian Forces must transfer to the civilian authority having jurisdiction in the matter responsibility for any ongoing investigation into an offence referred to in any of paragraphs 70(d) to (h) of the National Defence Act, as enacted by that section 7, that was, or is alleged to have been, committed in Canada and for which a charge has not been laid under that Act or an information has not been laid under the Criminal Code before that day.

Marginal note:Application of National Defence Act

61 The National Defence Act, as it read immediately before the day on which section 7 comes into force, continues to apply in respect of an offence referred to in any of paragraphs 70(d) to (h) of that Act, as enacted by that section 7, that was, or is alleged to have been, committed in Canada and for which a charge has been laid under that Act or an information has been laid under the Criminal Code before that day.

Marginal note:Military judges — service infractions

62 No charge alleging the commission of a service infraction, laid before the day on which section 11 comes into force, is to be proceeded with against a military judge on or after that day.

Marginal note:Director of Military Prosecutions

• 63 (1) The person who holds office as the Director of Military Prosecutions immediately before the day on which section 15 comes into force

  • (a) continues to hold office for the remainder of the term for which they were appointed;

  • (b) is deemed, for that term, to have been appointed under subsection 165.1(1) of the National Defence Act, as amended by that section 15; and

  • (c) is, despite subsection 165.1(3) of the National Defence Act, as amended by that section 15, eligible on the expiry of that term to be appointed under that subsection 165.1(1) for a single additional term of not more than seven years.

• Marginal note:Inquiry continued

  (2) An inquiry under subsections 165.1(2) and (2.1) of the National Defence Act, as they read immediately before the day on which section 15 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that the inquiry committee must make its recommendation to the Governor in Council and that the Governor in Council has the power referred to in that subsection 165.1(2) to remove the Director of Military Prosecutions from office.

Marginal note:Specific instructions or guidelines by Judge Advocate General

• 64 (1) An instruction or guideline issued under subsection 165.17(3) of the National Defence Act, as it read immediately before the day on which subsection 17(1) comes into force, that applies in respect of a prosecution that, immediately before that day, had not been completed is deemed to be an instruction or guideline issued by the Minister under subsection 165.17(3) of the National Defence Act, as amended by that subsection 17(1).

• Marginal note:Availability to public

  (2) Subsection 165.17(5) of the National Defence Act, as amended by subsection 17(2), applies in respect of a specific instruction or guideline referred to in subsection (1).

Marginal note:Director of Defence Counsel Services

• 65 (1) The person who holds office as the Director of Defence Counsel Services immediately before the day on which section 40 comes into force

  • (a) continues to hold office for the remainder of the term for which they were appointed;

  • (b) is deemed, for that term, to have been appointed under subsection 249.18(1) of the National Defence Act, as amended by that section 40; and

  • (c) is, despite subsection 249.18(3) of the National Defence Act, as amended by that section 40, eligible on the expiry of that term to be appointed under that subsection 249.18(1) for a single additional term of not more than seven years.

• Marginal note:Inquiry continued

  (2) An inquiry under subsections 249.18(2) and (2.1) of the National Defence Act, as they read immediately before the day on which section 40 comes into force, that, immediately before that day, had not been completed, is continued in accordance with those subsections except that the inquiry committee must make its recommendation to the Governor in Council and that the Governor in Council has the power referred to in that subsection 249.18(2) to remove the Director of Defence Counsel Services from office.