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

Review

Marginal note:Review

• 65.1 (1) Within three years after the day on which sections 7 and 8 come into force, the Minister of National Defence must, in consultation with the Minister of Justice, cause an independent review to be undertaken of paragraphs 70(d) to (h) and sections 70.1 to 70.3 of the National Defence Act and their application.

• Marginal note:Report to Parliament

  (2) Within one year after the review is undertaken, the Minister of National Defence must cause a report on the review to be tabled in each House of Parliament.

• Marginal note:Consultations

  (3) The report must be informed by consultations with appropriate authorities in the military and civilian justice systems, victims, advocates, scholars and other stakeholders.

• Marginal note:Contents of report

  (4) The report must include

  • (a) statistics on the number of cases involving offences that were prosecuted in the civilian justice system as a result of paragraphs 70(d) to (h) of the National Defence Act, the outcomes of those cases and any other relevant information respecting the application of those paragraphs and sections 70.1 to 70.3 of that Act;

  • (b) an evaluation of the services available for members of the Canadian Armed Forces who are victims of offences that were prosecuted in the civilian justice system as a result of paragraphs 70(d) to (h) of that Act;

  • (c) an evaluation of the advantages and disadvantages of the application of paragraphs 70(d) to (h) and sections 70.1 to 70.3 of that Act for the military justice system and the authorities in the military justice system, and measures that may be taken to address those disadvantages;

  • (d) measures that may be taken to enhance access to justice for members of the Canadian Armed Forces in relation to offences referred to in paragraphs 70(d) to (h) of that Act; and

  • (e) the Minister of National Defence’s opinion as to whether paragraphs 70(d) to (h) and sections 70.1 to 70.3 of that Act should be repealed.

• Marginal note:Referral

  (5) The report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

• Marginal note:Resolution — repeal

  (6) If the report indicates that the Minister of National Defence is of the opinion that paragraphs 70(d) to (h) and sections 70.1 to 70.3 of the National Defence Act should be repealed, the Minister may cause to be filed with the Speaker of the Senate and the Speaker of the House of Commons a motion for the adoption by each House of Parliament of a resolution that that House agrees with the Minister’s opinion and calls on the government to introduce a bill to repeal those paragraphs and sections.

Coordinating Amendments

Marginal note:This Act

66 On the first day on which both sections 35 and 47 of this Act are in force,

• (a) subsection 227.23(7) of the National Defence Act is replaced by the following:

  • Marginal note:Notification

    (7) The court martial shall cause the Provost Marshal General to be notified of a decision to make a variation order under this section.

• (b) subsection 240.5(3) of the National Defence Act is replaced by the following:

  • Marginal note:Notice to Provost Marshal General

    (3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal General to be notified of the decision.

• (c) subsections 240.5(6) and (7) of the National Defence Act are replaced by the following:

  • 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 General 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 a variation order made under section 227.23, it shall cause the Provost Marshal General to be notified of the decision.

Marginal note:2015, c. 23

• 67 (1) In this section, other Act means the Tougher Penalties for Child Predators Act.

• (2) If section 32 of the other Act comes into force before section 10 of this Act, then that section 10 is repealed.

• (3) If section 10 of this Act comes into force before section 32 of the other Act, then that section 32 is repealed.

• (4) If section 32 of the other Act comes into force on the same day as section 10 of this Act, then that section 10 is deemed never to have come into force and is repealed.

Marginal note:2024, c. 23

68 On the first day on which both subsection 1(1) of An Act to amend the Criminal Code and to make consequential amendments to other Acts (child sexual abuse and exploitation material), chapter 23 of the Statutes of Canada, 2024, and section 7 of this Act are in force, subparagraph 70(d)(xi) of the National Defence Act is replaced by the following:

Coming into Force

Marginal note:Order in council

• 69 (1) Sections 2, 4 to 6, 41 to 45, 47, 53 and 55 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 3, 15 to 17, 40 and 54 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:60th day after royal assent

  (3) Sections 7 and 8 come into force on the 60th day after the day on which this Act receives royal assent.

• Marginal note:Order in council

  (4) Sections 9, 11 to 14, 18 and 19 come into force on a day or days to be fixed by order of the Governor in Council

• Marginal note:Order in council

  (5) Sections 10, 23 to 39 and 48 to 52 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (6) Sections 20 to 22 and 46 come into force on a day to be fixed by order of the Governor in Council.