Protecting Victims Act (S.C. 2026, c. 19)
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Assented to 2026-06-18
R.S., c. N-5National Defence Act (continued)
Amendments to the Act (continued)
162 (1) Section 203.71 of the Act is amended by adding the following after subsection (1):
Marginal note:Inquiry by court martial
(1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
Marginal note:Adjournment
(1.2) On application of the prosecutor or a person acting on behalf of the Canadian Forces or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (5) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
(2) Section 203.71 of the Act is amended by adding the following after subsection (4):
Marginal note:Evidence concerning Canadian Forces admissible
(5) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the Canadian Forces for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
163 (1) Section 203.72 of the Act is amended by adding the following after subsection (1):
Marginal note:Inquiry by court martial
(1.1) As soon as feasible after a finding of guilt and in any event before imposing a sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide an opportunity for the preparation of a statement referred to in subsection (1).
Marginal note:Adjournment
(1.2) On application of the prosecutor or the community or on its own motion, the court martial may adjourn the proceedings to provide an opportunity for the preparation of a statement referred to in subsection (1) or to present evidence in accordance with subsection (6) if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.
(2) The portion of subsection 203.72(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Presentation of statement
(3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by
(3) Paragraph 203.72(3)(b) of the Act is replaced by the following:
(b) reading it in the presence and close proximity of any support person of the individual’s choice or a support animal;
(4) Section 203.72 of the Act is amended by adding the following after subsection (5):
Marginal note:Evidence concerning community admissible
(6) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning the community for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely.
164 The Act is amended by adding the following after section 203.72:
Order Prohibiting Contact
Marginal note:Order prohibiting contact
203.73 (1) When an offender is convicted of an offence punishable under section 130 that is an offence under the Criminal Code and that is also an offence of a sexual nature or committed for a sexual purpose, an offence related to criminal harassment or trafficking in persons or an offence committed against their intimate partner, the court martial that imposes a sentence on the offender may make an order prohibiting the offender from having any contact — including by communicating by any means — with any victim, witness or other person identified in the order except in accordance with any conditions specified in the order that the court martial considers necessary.
Marginal note:Duration of prohibition
(2) The prohibition may be for life or for any shorter duration that the court martial considers desirable.
Marginal note:Application to vary order
(3) The person identified in the order or the prosecutor may at any time make an application to vary the order.
Marginal note:Jurisdiction
(4) The application shall be made to the Chief Military Judge if the offender is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 729.2 of the Criminal Code.
Marginal note:Court martial
(5) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.
Marginal note:Variation of order
(6) A court martial may require the offender to appear before it and, after giving the offender and the applicant an opportunity to make representations, may vary the order if, in its opinion, the variation is desirable because of changed circumstances after the conditions were prescribed.
165 Subsection 215(1.2) of the Act is replaced by the following:
Marginal note:Copy to victim
(1.2) The court martial or the Court Martial Appeal Court, as the case may be, shall cause a copy of the decision to be given to a victim of the offence if the victim wishes to receive it.
166 Paragraph 230(i.1) of the Act is replaced by the following:
(i.01) the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5);
(i.1) the legality of a decision not to make an order under subsection 180.05(1) or 180.12(1) or of a decision to make or not to make an order under subsection 180.07(1) or (2) or 180.14(1) or (2);
167 Paragraph 230.1(j.1) of the Act is replaced by the following:
(j.01) the legality of a decision under subsection 180.003(4), 180.005(7), 180.007(4) or (5), 180.18(4) or 180.2(4) or (5);
(j.1) the legality of a decision to make an order under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2);
168 Subsection 248.3(3) of the Act is replaced by the following:
Marginal note:Copy to victim
(3) The court martial, military judge or judge, as the case may be, shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
169 (1) Subsection 303(1) of the Act is replaced by the following:
Marginal note:Publication prohibited
303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following:
(a) the contents of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.03(1), 180.1(1), 180.17(1) or 180.2(1);
(b) any evidence taken, the information given or the representations made at the consideration of an application made under subsection 180.002(1), 180.005(1), 180.007(1), 180.17(1) or 180.2(1) or at a hearing under subsection 180.003(1), section 180.005, subsection 180.04(1), 180.06(2), 180.11(1) or 180.13(2) or section 180.18;
(c) the determination made under subsection 180.002(4) or 180.17(5) unless the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the decision and the reasons may be published, broadcast or transmitted;
(d) the determination made and the reasons provided under subsection 180.003(4) or 180.005(7) or section 180.007 unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;
(e) the determination made under subsection 180.05(1), 180.07(1) or (2), 180.12(1) or 180.14(1) or (2) and the reasons provided under section 180.08 or 180.15, unless the military judge, after taking into account the right to privacy of the person to whom the record or therapeutic record relates and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted;
(f) the determination made and the reasons provided under subsection 180.18(4) or section 180.2, unless that determination is that evidence is admissible or the military judge, after taking into account the complainant’s right to privacy and the interests of military justice, orders that the determination and the reasons may be published, broadcast or transmitted.
Marginal note:Exception
(1.1) Subsection (1) does not apply if the disclosure of any information referred to in paragraphs (1)(a) to (f) is
(a) 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;
(b) made by the complainant or any witness and about that complainant or witness 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 this section; or
(c) made by the complainant or any witness and it is made for a purpose other than to make the information known in the community, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the complainant or the witness.
(2) Subsection 303(3) of the Act is replaced by the following:
Marginal note:Definitions
(3) In this section, record and therapeutic record have the same meanings as in section 180.01.
170 The Act is amended by adding the following after section 303.1:
Marginal note:Failure to comply — orders under section 203.73
303.2 Every person who fails, without lawful excuse, to comply with an order made under section 203.73 is
(a) guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) guilty of an offence punishable on summary conviction.
Transitional Provisions
Marginal note:Definitions
171 The following definitions apply in sections 172 to 177.
- Act
Act means the National Defence Act. (Loi)
- commencement day
commencement day means the 30th day after the day on which this Act receives royal assent. (date de référence)
Marginal note:Production and admissibility
172 Sections 180.001 to 180.21 of the Act, as enacted by section 155, paragraphs 230(i.01) and (i.1) of the Act, as enacted by section 166, paragraphs 230.1(j.01) and (j.1) of the Act, as enacted by section 167 and subsections 303(1) and (3) of the Act, as enacted by section 169, apply only to a service offence in respect of which a charge is laid on or after the commencement day.
Marginal note:Testimonial aids
173 For greater certainty, sections 183.1, 183.2 and 183.3 of the Act, as amended by sections 156, 157 and 158, respectively, apply with respect to any matter or proceeding that is ongoing on commencement day.
Marginal note:Adjournment
174 For greater certainty, subsection 189(2) of the Act applies with respect to any matter or proceeding that is ongoing on commencement day.
Marginal note:Division 6.01
175 For greater certainty, Division 6.01 of the Act applies only with respect to an offence that is committed on or after the commencement day.
Marginal note:Victim, military and community impact statements
176 For greater certainty, paragraph 203.6(3)(b) of the Act, as enacted by section 161, and sections 203.71 and 203.72 of the Act, as amended by sections 162 and 163, respectively, apply with respect to any matter or proceeding that is ongoing on commencement day.
Marginal note:Order prohibiting contact
177 For greater certainty, section 203.73 of the Act applies only with respect to an offence that is committed on or after commencement day.
2011, c. 4; 2024, c. 23, subpar. 12(a)(i)An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service
178 An Act respecting the mandatory reporting of Internet child sexual abuse and exploitation material by persons who provide an Internet service is amended by adding the following before the heading before section 1:
Short Title
Marginal note:Short title
0.1 This Act may be cited as the Mandatory Reporting Act.
179 The definition Internet service in subsection 1(1) of the Act is replaced by the following:
- Internet service
Internet service includes
(a) a service providing Internet access;
(b) a service providing Internet content hosting, regardless of the originator of the content or the manner by which the content is made accessible; and
(c) a service facilitating interpersonal communication over the Internet, including a service providing electronic mail. (services Internet)
180 Sections 3 and 4 of the Act are replaced by the following:
Marginal note:Duty to notify
3 (1) A person who provides an Internet service to the public and who has reasonable grounds to believe that their Internet service is being or has been used to commit a child sexual abuse and exploitation material offence must notify the law enforcement body designated by the regulations of that fact as soon as feasible and in accordance with the regulations, if
(a) the offence has been committed by means of a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is located in Canada;
(b) the person has possession or control of the computer system; and
(c) the child sexual abuse and exploitation material related to the offence is stored on the computer system.
Marginal note:Transmission data
(2) If the material related to the offence is manifestly child sexual abuse and exploitation material, the person must include with the notification a document containing any transmission data, as defined in section 487.011 of the Criminal Code, related to the material that could assist in the investigation of the offence.
Marginal note:Preservation of computer data
4 (1) A person who makes a notification under section 3 must preserve all computer data related to the notification that is in their possession or control for one year after the day on which the notification is made.
Marginal note:Destruction of preserved computer data
(2) The person must destroy the computer data that would not be retained in the ordinary course of business and any document that is prepared for the purpose of preserving computer data under subsection (1) as soon as feasible after the end of the one-year period, unless the person is required to preserve the computer data by a judicial order made under any other Act of Parliament or any Act of the legislature of a province.
181 The Act is amended by adding the following after section 9:
Marginal note:Reporting information — foreign jurisdiction
9.01 A person who provides an Internet service to the public and who reports, in compliance with an obligation under the laws of a foreign jurisdiction, information related to a child sexual abuse and exploitation material offence is not required to provide a notification under section 3 with respect to the offence.
Marginal note:For greater certainty — Privacy Act
9.1 For greater certainty, this Act is not to be construed as limiting in any way any obligation under the Privacy Act or any applicable provincial privacy legislation.
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