National Defence Act (R.S.C., 1985, c. N-5)
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Act current to 2026-06-21 and last amended on 2025-11-28. Previous Versions
AMENDMENTS NOT IN FORCE
— 2013, c. 24, s. 12
R.S., c. 31(1st Supp.), s. 60 (Sch. I, s. 13)
12 Subsection 30(4) of the Act is replaced by the following:
Reinstatement
(4) Subject to regulations made by the Governor in Council, the Chief of the Defence Staff may cancel the release or transfer of an officer or non-commissioned member if the officer or non-commissioned member consents and the Chief of the Defence Staff is satisfied that the release or transfer was improper.
Deeming provision
(5) An officer or non-commissioned member whose release or transfer is cancelled is, except as provided in regulations made by the Governor in Council, deemed for the purpose of this Act or any other Act not to have been released or transferred.
— 2013, c. 24, s. 13
1998, c. 35, s. 10
13 Subsection 35(1) of the Act is replaced by the following:
Rates and conditions of pay
35 (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than those mentioned in paragraph 12(3)(a), shall be established by the Treasury Board.
— 2013, c. 24, s. 46
46 The Act is amended by adding the following after section 165.37:
Costs payable
165.38 If the military judges are represented at an inquiry of the Military Judges Compensation Committee, the costs of representation shall be paid in the amount and manner, and according to the terms and conditions, prescribed by regulations made by the Governor in Council.
— 2026, c. 11, s. 79
79 Paragraph 203.3(a) of the National Defence Act is amended by adding the following after subparagraph (iv):
(iv.1) the offence was committed against a person who, in the performance of their duties and functions, was providing services as a first responder,
(iv.2) the offence was committed with the use of violence, threats or attempts of violence against another person and the offender has been convicted, within the previous five years, of one or more such offences,
(iv.3) in the case of an offence under section 114 or 115, it was committed with intent to sell or barter the stolen property or to fraudulently return it to a retail merchant,
(iv.4) in the case of an offence under any of sections 113 to 116, the offence interfered with the access to or functioning of an essential infrastructure, as defined in subsection 52.1(2) of the Criminal Code, or caused it to be unsafe or unfit for use,
— 2026, c. 11, s. 80
80 The Act is amended by adding the following after section 203.4:
Objectives — offence for the benefit of a criminal organization
203.41 When a court martial imposes a sentence for an offence that is committed for the benefit of, at the direction of, or in association with, a criminal organization, the court martial shall give primary consideration to the objectives of denunciation and deterrence of the conduct that forms the basis of the offence.
— 2026, c. 11, s. 81
81 The portion of section 302 of the Act before paragraph (a) is replaced by the following:
Offences of contempt
302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000 or to imprisonment for less than two years, or to both, if the person
— 2026, c. 16, s. 2
2 Section 9.2 of the National Defence Act is amended by adding the following after subsection (1):
Clarification — independence
(1.1) For greater certainty, in the exercise of the Judge Advocate General’s superintendence, the Judge Advocate General respects the independence of authorities in the military justice system, including the Provost Marshal General, the Director of Military Prosecutions and the Director of Defence Counsel Services.
— 2026, c. 16, s. 3
3 (1) Paragraph 12(3)(a) of the Act is replaced by the following:
(a) prescribing the rates and conditions of issue of pay of military judges;
(2) The portion of subsection 12(4) of the Act before paragraph (a) is replaced by the following:
Retroactive effect
(4) Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, they may not have effect
— 2026, c. 16, s. 4
4 Subsections 18.3(1) to (4) of the Act are replaced by the following:
Appointment
18.3 (1) The Governor in Council may appoint an officer who has been a member of the military police for at least 10 years to be the Provost Marshal General.
Appointment within limited period
(1.1) The appointment must be made within 120 days of the day on which the office of Provost Marshal General becomes vacant.
Rank
(2) The Provost Marshal General holds a rank that is not less than brigadier-general.
Tenure of office
(3) The Provost Marshal General holds office during pleasure for a term not exceeding four years.
— 2026, c. 16, s. 5
5 Paragraph 18.4(a) of the Act is replaced by the following:
(a) the supervision of the performance of policing duties and functions;
— 2026, c. 16, s. 6
6 Sections 18.5 and 18.6 of the Act are replaced by the following:
Acting Provost Marshal General
18.41 If the Provost Marshal General is absent or unable to act or the office of Provost Marshal General is vacant, the Minister may authorize any officer who is a member of the military police to exercise the powers and perform the duties and functions of the Provost Marshal General, but that officer may act as the Provost Marshal General for a period of more than 90 days only with the approval of the Governor in Council.
Responsible to Minister
18.5 (1) The Provost Marshal General is responsible to the Minister in the performance of the responsibilities described in paragraphs 18.4(a) to (d).
General instructions or guidelines
(2) The Minister may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal General shall ensure that they are available to the public.
Annual report
18.6 The Provost Marshal General shall, within three months after the end of each fiscal year, submit to the Minister a report concerning the activities of the Provost Marshal General and the military police during the year.
— 2026, c. 16, s. 7
7 Section 70 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) an offence under any of the following provisions of the Criminal Code:
(i) section 151 (sexual interference),
(ii) section 152 (invitation to sexual touching),
(iii) section 153 (sexual exploitation),
(iv) section 153.1 (sexual exploitation of person with disability),
(v) section 155 (incest),
(vi) subsection 160(1) (bestiality),
(vii) subsection 160(2) (compelling the commission of bestiality),
(viii) subsection 160(3) (bestiality in presence of or by a child),
(ix) section 162 (voyeurism),
(x) section 162.1 (publication, etc., of an intimate image without consent),
(xi) section 163.1 (child pornography),
(xii) section 170 (parent or guardian procuring sexual activity),
(xiii) section 171 (householder permitting prohibited sexual activity),
(xiv) section 171.1 (making sexually explicit material available to child),
(xv) section 172.1 (luring a child),
(xvi) section 172.2 (agreement or arrangement — sexual offence against child),
(xvii) subsection 173(2) (exposure),
(xviii) section 271 (sexual assault),
(xix) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),
(xx) section 273 (aggravated sexual assault),
(xxi) section 273.3 (removal of a child from Canada),
(xxii) section 279.011 (trafficking — person under 18 years),
(xxiii) subsection 279.02(2) (material benefit — trafficking of person under 18 years),
(xxiv) subsection 279.03(2) (withholding or destroying documents — trafficking of person under 18 years),
(xxv) section 286.1 (obtaining sexual services for consideration),
(xxvi) section 286.2 (material benefit from sexual services),
(xxvii) section 286.3 (procuring), and
(xxviii) section 286.4 (advertising sexual services);
(e) an offence under the Criminal Code — other than an offence referred to in paragraph (d) — that is of a sexual nature or that is committed for a sexual purpose;
(f) an offence under the Criminal Code, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (d) or (e) if it occurred on or after that day;
(g) conspiring or attempting to commit an offence referred to in any of paragraphs (d) to (f) or being an accessory after the fact to such an offence; or
(h) counselling a person to commit an offence referred to in any of paragraphs (d) to (f) if the offence is not committed.
— 2026, c. 16, s. 8
8 The Act is amended by adding the following after section 70:
No authority to investigate — certain offences
70.1 Despite any other provision of this Act and any other law, an officer or non-commissioned member does not have authority to investigate, for the purposes of the laying of a charge under paragraph 130(1)(a) or an information under the Criminal Code, in relation to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.
Clarification — investigative measures
70.2 (1) Nothing in section 70.1 prevents an officer or non-commissioned member from exercising their powers or performing their duties and functions, before the arrival of the civilian authority having jurisdiction in the matter, to the extent necessary to prevent the commission, continuation or repetition of an offence referred to in any of paragraphs 70(d) to (h) that, as the case may be, is being, was, or is alleged to have been committed in Canada, including
(a) making an arrest in relation to the offence in accordance with Division 3 of Part III of this Act or section 494 or 495 of the Criminal Code; or
(b) if an arrest is made under paragraph (a), conducting a search incident to the arrest.
Evidence relating to the offence
(2) Nothing in section 70.1 prevents an officer or non-commissioned member from securing or preserving any evidence of or relating to the offence referred to in subsection (1) before the arrival of the civilian authority having jurisdiction in the matter.
Evidence otherwise secured
(3) Nothing in section 70.1 prevents an officer or non-commissioned member from securing or preserving — to the extent that their powers, duties and functions under this Act, other than under subsection (1) or (2), or any other law authorize them to do so — evidence of or relating to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.
Transfer of arrested persons and evidence
(4) An officer or non-commissioned member shall, as soon as feasible, transfer a person arrested under paragraph (1)(a) to the custody of the civilian authority having jurisdiction in the matter and transfer to them any evidence secured or preserved under any of subsections (1) to (3).
Clarification — private prosecutions
70.3 Nothing in section 70.1 prevents an officer or non-commissioned member from initiating or conducting a private prosecution in relation to an offence referred to in any of paragraphs 70(d) to (h).
— 2026, c. 16, s. 9
9 (1) Subsection 71.16(1) of the Act is replaced by the following:
Victim’s liaison officer
71.16 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim or individual as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the victim or individual to be their liaison officer.
(2) Paragraphs 71.16(3)(a) and (b) of the Act are replaced by the following:
(a) explaining to the victim or individual acting on their behalf the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and
(b) obtaining and transmitting to the victim or individual acting on their behalf information relating to a service offence that they have requested and to which they have a right under this Division.
— 2026, c. 16, s. 11
11 The Act is amended by adding the following after section 162.5:
Military judges
162.51 A military judge is not to be charged with having committed a service infraction.
— 2026, c. 16, s. 12
12 Paragraph 162.9(c) of the Act is repealed.
— 2026, c. 16, s. 13
13 Section 163 of the Act is amended by adding the following after subsection (2):
Military judges
(3) Despite subsections (1) and (2), a military judge may not conduct a hearing.
— 2026, c. 16, s. 14
14 Section 163.4 of the French version of the Act is replaced by the following:
Prescription
163.4 L’audience sommaire ne peut commencer que dans les six mois suivant la date de la commission présumée du manquement d’ordre militaire auquel elle se rapporte.
— 2026, c. 16, s. 15
15 Section 165.1 of the Act is replaced by the following:
Appointment
165.1 (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 Military Prosecutions.
Appointment within limited period
(1.1) The appointment must be made within 120 days of the day on which the office of Director of Military Prosecutions becomes vacant.
Tenure of office
(2) The Director of Military Prosecutions 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 165.101.
Term not renewable
(3) The Director of Military Prosecutions is not eligible to be reappointed.
Suspension
(4) On receipt of a request referred to in subsection 165.101(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 Military Prosecutions from office until the Governor in Council decides whether to impose any remedial or disciplinary measures.
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.
Inquiry
165.101 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Military Prosecutions should be subject to remedial or disciplinary measures for any reason set out in paragraphs (12)(a) to (e).
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.
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.
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.
Inquiry in public
(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.
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.
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).
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.
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.
Notice to Director of Military Prosecutions
(10) The Director of Military Prosecutions 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.
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.
Recommendations
(12) The judge may, in the report, recommend that the Director of Military Prosecutions 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.
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 Military Prosecutions without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.
— 2026, c. 16, s. 16
16 Section 165.16 of the Act is replaced by the following:
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.
— 2026, c. 16, s. 17
17 (1) Subsection 165.17(3) of the Act is replaced by the following:
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:
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.
Copies to Minister
(6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline issued under subsection (2).
— 2026, c. 16, s. 18
18 Subsection 165.21(1) of the Act is replaced by the following:
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.
— 2026, c. 16, s. 19
19 (1) The portion of subsection 165.22(1) of the Act before paragraph (a) is replaced by the following:
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:
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”.
— 2026, c. 16, s. 20
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:
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).
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.
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.
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.
— 2026, c. 16, s. 21
21 (1) Subsection 183.6(4) of the Act is replaced by the following:
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.
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):
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):
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.
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.
— 2026, c. 16, s. 22
22 The Act is amended by adding the following after section 183.6:
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.
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.
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.
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.
Notice
(5) The applicant is not required to provide notice of the application to vary or revoke the order to the accused.
Submissions
(6) The accused shall not be permitted to make submissions in relation to the application.
Notice of change
(7) If the order is varied or revoked, the prosecutor shall notify the accused.
— 2026, c. 16, s. 23
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)
— 2026, c. 16, s. 24
24 Section 227.01 of the Act is replaced by the following:
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.
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.
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.
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.
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.
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.
— 2026, c. 16, s. 25
25 (1) The portion of subsection 227.02(2) of the Act before paragraph (c) is replaced by the following:
Duration of order — subsection 227.01(1) or (3)
(2) An order made under subsection 227.01(1) or (3)
(a) subject to subsections (3) and (5), ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;
(b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(2) Subsections 227.02(2.1) to (5) of the Act are replaced by the following:
Duration of order — offences in same proceeding
(3) An order made under subsection 227.01(1) or (3) applies for life if
(a) in the same proceeding, the person has been convicted of, or found not responsible on account of mental disorder for, two or more designated offences in connection with which an order under any of subsections 227.01(1) to (3) may be made; and
(b) the court martial is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
If court martial not satisfied
(4) If paragraph (3)(a) applies in the circumstances but the court martial is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment.
Duration of order — other order or obligation
(5) An order made under subsection 227.01(1) or (3) applies for life if the person
(a) was previously convicted of, or previously found not responsible on account of mental disorder for, an offence under section 130 in respect of a primary offence or a primary offence, as defined in subsection 490.011(1) of the Criminal Code, under that Act; or
(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Duration of order
(6) An order made under subsection 227.01(2) applies for life.
— 2026, c. 16, s. 26
26 The Act is amended by adding the following after section 227.02:
Reasons
227.021 The court martial shall
(a) state the designated offence that forms the basis of an order made under subsection 227.01(1) and the term of imprisonment imposed; and
(b) give reasons for a decision under subsection 227.01(3) or paragraph 227.02(3)(b).
Failure to make order
227.022 If the court martial does not consider the matter under any of subsections 227.01(1) to (3) at the time the sentence is imposed, or a finding of not responsible on account of mental disorder is made, for a primary offence,
(a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;
(b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the finding made, convene the court martial;
(c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose; and
(d) the court martial may issue a summons in the prescribed form to compel the attendance of the person at the hearing.
— 2026, c. 16, s. 27
27 (1) Paragraph 227.03(1)(c) of the Act is replaced by the following:
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(3), (5) or (6).
(2) Subsection 227.03(3) of the Act is replaced by the following:
Pardon, record suspension or absolute discharge
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, a record suspension is ordered, or they are absolutely discharged under paragraph 672.54(a) of the Criminal Code.
— 2026, c. 16, s. 28
28 Subsection 227.04(1) of the Act is replaced by the following:
Termination order
227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that
(a) there would be no connection between continuing an order or obligation 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 the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing an order or an obligation, 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.
Factors
(1.1) In determining whether to make the termination order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of an order or obligation;
(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.
— 2026, c. 16, s. 29
29 Section 227.07 of the Act is amended by adding the following after subsection (2):
References
(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, the reference in paragraph (2)(c) to subsection 227.01(3) is a reference to that provision as it read from time to time before that day and the reference in that paragraph to subsection 490.012(3) of the Criminal Code is a reference to that provision as it read from time to time before October 26, 2023.
— 2026, c. 16, s. 30
30 Section 227.09 of the Act is amended by adding the following after subsection (3):
References
(4) In paragraph (3)(d), the reference to the definition designated offence in section 227 of this Act is a reference to that definition as it read from time to time before the day on which this subsection comes into force and the reference to the definition designated offence in subsection 490.011(1) of the Criminal Code is a reference to that definition as it read from time to time before October 26, 2023.
— 2026, c. 16, s. 31
31 (1) The portion of subsection 227.12(2) of the Act before paragraph (a) is replaced by the following:
Time for application — single offence
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice:
(2) Subsections 227.12(3) and (4) of the Act are replaced by the following:
More than one offence
(3) If more than one offence is listed in the notice, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence.
Pardon or record suspension or absolute discharge
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon, a record suspension is ordered, or they are absolutely discharged under paragraph 672.54(a) of the Criminal Code.
— 2026, c. 16, s. 32
32 Subsection 227.13(1) of the Act is replaced by the following:
Termination order
227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that
(a) there would be no connection between continuing the obligation 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 the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing the obligation, 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.
Factors
(1.1) In determining whether to make the termination order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of the obligation;
(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.
— 2026, c. 16, s. 33
33 Paragraph 227.15(1)(b) of the Act is replaced by the following:
(b) appeal the legality of a decision made under section 227.01 or 227.02, subsection 227.04(1), 227.1(4) or 227.13(1) or section 227.22 or 227.23 of this Act — or appeal a decision made under section 490.012 or 490.013 or subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2) or (2.2), 490.029051(2) or (3), 490.02909(1), 490.029111(2), 490.029112(2) or (3), 490.02913(1), 490.04(4) or (5) or 490.05(4) or (5) of the Criminal Code — within the required period;
— 2026, c. 16, s. 34
34 Paragraph 227.18(1)(b) of the Act is replaced by the following:
(b) for the purpose of a proceeding under section 227.01 or 227.02, subsection 227.04(1), 227.1(4) or 227.13(1) or section 227.22 or 227.23 or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;
— 2026, c. 16, s. 35
35 The Act is amended by adding the following after section 227.21:
Additional Orders
Application for exemption order
227.22 (1) A person may apply for an order exempting them from an order made under section 227.01 on or after April 15, 2011 but before the day on which this subsection comes into force.
Jurisdiction
(2) The application shall be made to the Chief Military Judge if the applicant 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 490.04 of the Criminal Code.
Court martial
(3) 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.
Limitation — exemption order
(4) The court martial shall not make an exemption order in respect of an application made under subsection (1) if
(a) the sentence for the designated offence that is the basis of the order made under section 227.01 is a term of imprisonment of two years or more — or, if the sentence is in respect of multiple offences, one of which is the designated offence, the court martial was, at the time of imposing the sentence, of the opinion that a sentence of imprisonment of two years or more was justified for the designated offence — and the victim of the designated offence was under the age of 18 years; or
(b) before or after the order under section 227.01 was made, the person
(i) was convicted of an offence under section 130 in respect of a primary offence — or was convicted under the Criminal Code of a primary offence, as defined in subsection 490.011(1) of that Act — that is not the offence on the basis of which the order was made, or
(ii) is or was, as a result of a conviction, subject to another order under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Exemption order
(5) Subject to subsection (4), the court martial shall make an exemption order if it is satisfied that the person has established that, at the time the order was made,
(a) there was no connection between 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 the Sex Offender Information Registration Act; or
(b) the impact of the order on the person, including on their privacy or liberty, was 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.
Factors
(6) In determining whether to make the exemption order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of the order;
(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.
Reasons for decision
(7) The court martial shall give reasons for its decision.
Removal of information from database
(8) If the court martial 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 227.01.
Application for variation order
227.23 (1) A person may apply for an order to vary the duration of
(a) an order made under section 227.01, if the order applies for life under subsection 227.02(2.1), as it read from time to time before the day on which this paragraph comes into force; or
(b) an obligation under section 227.06, if the obligation applies for life under paragraph 227.09(3)(d) and none of the offences listed in the prescribed form served on the person in respect of the obligation have a maximum term of imprisonment for life.
Jurisdiction
(2) The application shall be made to the Chief Military Judge if the applicant 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 490.05 of the Criminal Code.
Court martial
(3) 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.
Variation order
(4) The court martial shall make the variation order if it is satisfied that the person has established that the offences that are the basis of the order or obligation do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Variation of duration
(5) If the court martial makes a variation order, it shall set out the duration of the order or obligation in the order, which shall be determined by applying
(a) subsection 227.02(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order; or
(b) paragraphs 227.09(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation.
Reasons for decision
(6) The court martial shall give reasons for its decision.
Notification
(7) The court martial shall cause the Provost Marshal to be notified of a variation order made under this section.
— 2026, c. 16, s. 36
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;
— 2026, c. 16, s. 37
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;
— 2026, c. 16, s. 38
38 Section 230.2 of the Act is replaced by the following:
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.
— 2026, c. 16, s. 39
39 (1) Subsections 240.5(1) and (2) of the Act are replaced by the following:
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.
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.
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:
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.
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):
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).
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.
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.
— 2026, c. 16, s. 40
40 Section 249.18 of the Act is replaced by the following:
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.
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.
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.
Term not renewable
(3) The Director of Defence Counsel Services is not eligible to be reappointed.
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.
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.
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).
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.
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.
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.
Inquiry in public
(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.
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.
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).
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.
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.
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.
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.
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.
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.
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.
— 2026, c. 16, s. 41
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)
— 2026, c. 16, s. 42
42 Subsection 250.19(1) of the Act is replaced by the following:
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.
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).
— 2026, c. 16, s. 43
43 Subsection 250.26(2) of the Act is replaced by the following:
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.
— 2026, c. 16, s. 44
44 Subsection 250.49(2) of the Act is replaced by the following:
Exception
(2) If the Provost Marshal General is the subject of the complaint, the review shall be conducted by the Minister.
— 2026, c. 16, s. 45
45 Subsection 250.5(2) of the Act is replaced by the following:
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.
— 2026, c. 16, s. 46
46 Section 303.1 of the Act is amended by adding the following after subsection (1):
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.
— 2026, c. 16, s. 47
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).
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).
— 2026, c. 16, s. 54
54 Section 13 of the Strengthening Military Justice in the Defence of Canada Act is repealed.
— 2026, c. 16, s. 66
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:
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:
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:
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.
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.
— 2026, c. 16, s. 68
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:
(xi) section 163.1 (child sexual abuse and exploitation material),
— 2026, c. 19, s. 144
144 (1) Paragraphs (a) and (b) of the definition serious personal injury offence in subsection 2(1) of the National Defence Act are replaced by the following:
(a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving any of the following in respect of another person, including the accused person’s intimate partner, a member of the intimate partner’s family and a member of the accused person’s family:
(i) the use or attempted use of violence against the other person, or
(ii) conduct endangering or likely to endanger the life or safety of — or conduct inflicting or likely to inflict severe psychological damage on — the other person, or
(b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 171.1, 172, 172.1, 172.2, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence; (infraction grave contre la personne)
(2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
- intimate partner
intimate partner has the same meaning as in section 2 of the Criminal Code; (partenaire intime)
— 2026, c. 19, s. 145
145 The Act is amended by adding the following after the heading “Rights” after section 71.01:
Respect
Respect, courtesy, compassion and fairness
71.011 Every victim has the right to be treated with respect, courtesy, compassion and fairness by the appropriate authorities in the military justice system.
Timely Justice
Timely trial and resolution
71.012 Every victim has the right to have taken into consideration their interest in a timely trial and the timely resolution of matters relating to the service offence.
— 2026, c. 19, s. 146
146 (1) The portion of section 71.02 of the Act before paragraph (a) is replaced by the following:
General information
71.02 Every victim has the right to information about
(2) Section 71.02 of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) their rights under this Division.
— 2026, c. 19, s. 147
147 The portion of section 71.03 of the Act before paragraph (a) is replaced by the following:
Investigation and proceedings
71.03 Every victim has the right to information about
— 2026, c. 19, s. 148
148 The Act is amended by adding the following after section 71.03:
Protection measures
71.031 Every victim has the right to information about the protection measures available to them in the military justice system.
— 2026, c. 19, s. 149
149 The portion of subsection 71.04(1) of the Act before paragraph (a) is replaced by the following:
Information about offender or accused
71.04 (1) Every victim has the right to information about
— 2026, c. 19, s. 150
150 The Act is amended by adding the following after section 71.04:
Authorities in the military justice system
71.041 The authorities in the military justice system from which victims have a right to receive the information referred to in sections 71.02 to 71.04 include
(a) the Director of Military Prosecutions;
(b) the Provost Marshal; and
(c) a commanding officer, including the commanding officer of a service prison or detention barrack.
Information about rights
71.042 The appropriate authorities in the military justice system, including the ones referred to in section 71.041, shall ensure that information about the rights of victims under this Division is made readily available.
— 2026, c. 19, s. 151
151 Section 71.08 of the Act is replaced by the following:
Identity protection
71.08 Every victim, if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence, has the right to
(a) be asked whether they wish to have their identity protected;
(b) request that their identity be protected;
(c) be informed when an order is made to protect their identity; and
(d) be informed of their right to apply to revoke or vary an order made to protect their identity.
— 2026, c. 19, s. 152
152 The Act is amended by adding the following after section 119:
Offence in Relation to Orders Prohibiting Contact
Failure to comply — orders under section 203.73
119.01 Every person who, without reasonable excuse, fails to comply with an order made under section 203.73 is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding two years or to less punishment.
— 2026, c. 19, s. 153
153 Subsection 158.6(1.2) of the Act is replaced by the following:
Copy to victim
(1.2) The custody review officer shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
— 2026, c. 19, s. 154
154 Subsection 159.7(3) of the Act is replaced by the following:
Copy to victim
(3) The military judge shall cause a copy of the direction to be given to a victim of the alleged offence if the victim wishes to receive it.
— 2026, c. 19, s. 155
155 The heading before section 180.01 and sections 180.01 to 180.08 of the Act are replaced by the following:
Admissibility of Sexual Activity Evidence
Evidence of complainant’s sexual activity
180.001 (1) In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose, evidence that the complainant has engaged in sexual activity, whether with the accused person or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant
(a) is more likely to have consented to the sexual activity that forms the subject matter of the charge; or
(b) is less worthy of belief.
Conditions for admissibility
(2) In proceedings in respect of an offence referred to in subsection (1), evidence that the complainant has engaged in sexual activity, other than the sexual activity that forms the subject matter of the charge, whether with the accused person or with any other person, shall not be adduced unless the military judge determines, in accordance with the procedures set out in sections 180.002, 180.003, 180.005, 180.007, 180.17 or 180.2, as the case may be, that the evidence is not being adduced for the purpose of supporting an inference described in subsection (1), is relevant to an issue at trial, is of specific instances of sexual activity and
(a) if sought to be adduced by the accused person, has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; or
(b) if sought to be adduced by the prosecutor, has probative value that is not outweighed by the danger of prejudice to the proper administration of military justice.
Factors to be considered
(3) In determining whether evidence is admissible under subsection (2), the military judge shall take into account the following factors:
(a) the interests of military justice, including the right of the accused person to make a full answer and defence;
(b) society’s interest in encouraging the reporting of sexual assault offences;
(c) whether there is a reasonable prospect that the evidence will assist in arriving at a just determination in the case;
(d) the need to remove from the fact-finding process any discriminatory belief or bias;
(e) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel;
(f) the potential prejudice to the complainant’s personal dignity and right of privacy;
(g) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
(h) any other factor that the military judge considers relevant.
Interpretation
(4) For the purpose of this section, sexual activity includes any communication made for a sexual purpose or whose content is of a sexual nature.
For greater certainty
(5) For the purposes of this section, and for greater certainty, evidence of sexual activity includes evidence of sexual inactivity.
Procedure for Accused Person
Application for hearing
180.002 (1) The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.003 to determine whether evidence is admissible under subsection 180.001(2).
Form and content
(2) The application must be made in writing and be accompanied by an affidavit setting out detailed particulars of the evidence that the accused person seeks to adduce and the relevance of that evidence to an issue at trial, and a copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator.
Panel and public excluded
(3) The military judge shall consider the application with the panel and the public excluded.
Hearing
(4) If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the evidence sought to be adduced is capable of being admissible under subsection 180.001(2), the military judge shall grant the application and hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2).
Copy to complainant
(5) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.
Hearing — panel and public excluded
180.003 (1) The panel and the public shall be excluded from a hearing to determine whether evidence is admissible under subsection 180.001(2).
Complainant not compellable
(2) The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel
(3) The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Determination and reasons
(4) At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Instruction to panel — use of evidence
180.004 If evidence is admitted at trial on the basis of a determination made under subsection 180.003(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
Procedure for Prosecutor
Application
180.005 (1) The prosecutor may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, to determine whether evidence is admissible under subsection 180.001(2).
Form and content
(2) The application must be made in writing and must set out detailed particulars of the evidence that the prosecutor seeks to adduce and the relevance of that evidence to an issue at trial.
Clarification
(3) The application need not be supported by any affidavit or oral testimony of the complainant or of any other person with knowledge of the complainant’s sexual history or any sworn police or military police statement.
Copy of the application
(4) A copy of the application must be given to the accused person and filed with the Court Martial Administrator at least 60 days before the hearing or within any shorter interval that the military judge may allow in the interests of military justice.
Panel and public excluded
(5) The panel and the public shall be excluded from the hearing.
Complainant not compellable
(6) The complainant is not a compellable witness at the hearing.
Determination and reasons
(7) At the conclusion of the hearing, the military judge shall determine whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Instruction to panel — use of evidence
180.006 If evidence is admitted at trial on the basis of a determination made under subsection 180.005(7), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
Joint Application
Admissibility of sexual activity evidence
180.007 (1) The prosecutor, the accused person and the complainant may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether any evidence referred to in subsection 180.001(1) is admissible under subsection 180.001(2) without holding a hearing under section 180.003.
Form and content
(2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the evidence and
(a) the relevance of that evidence to an issue at trial;
(b) how the conditions for admissibility referred to in subsection 180.001(2) are satisfied; and
(c) any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.001(3).
Copy to Court Martial Administrator
(3) A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial.
Determination and reasons
(4) The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.001(2) and shall provide reasons in writing for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 180.001(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Power to grant application or hold hearing
(5) If the military judge is satisfied that the evidence of sexual activity is admissible under subsection 180.001(2), taking into account the factors set out in subsection 180.001(3), they shall grant the application. If they are not so satisfied, they shall hold a hearing under section 180.003 to determine whether the evidence is admissible under subsection 180.001(2).
Use of evidence
(6) If evidence of sexual activity is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that evidence.
For greater certainty
(7) For greater certainty, the complainant has the right to be represented by counsel.
Instruction to panel — use of evidence
180.008 If evidence is admitted at trial on the basis of a determination made under subsection 180.007(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
Reputation evidence
180.009 In proceedings in respect of an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273 of the Criminal Code, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant.
Production and Admissibility of Records and Therapeutic Records
Definitions
Definitions
180.01 The following definitions apply in sections 180.02 to 180.2.
- record
record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, education, employment, child welfare, adoption and social services records, personal journals and diaries, and any record containing personal information the production or disclosure of which is protected by any other Act of Parliament or a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the service offence. (dossier)
- therapeutic record
therapeutic record means any form of record, regardless of its contents, that was produced in the course of psychiatric treatment or any therapy or counselling provided by a health care professional who is entitled under the laws of a province or of a foreign state to provide the treatment, therapy or counselling. (dossier thérapeutique)
Production to Accused Person of Records and Therapeutic Records in Possession of Third Party
Records and therapeutic records possessed by third party
180.02 (1) Except in accordance with sections 180.03 to 180.08, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of a third party shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose;
(b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Definition of third party
(2) In subsection (1), third party means a person other than the prosecutor or the accused person.
Application for production
180.03 (1) An accused person who seeks production of a record or therapeutic record referred to in section 180.02 must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
Clarification
(2) For greater certainty, the application referred to in subsection (1) must not be made in any other proceedings.
Form and content
(3) The application must be made in writing and must set out
(a) particulars identifying the record or the therapeutic record that the accused person seeks to have produced and the name of the person who has possession or control of it;
(b) in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c) in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt.
Insufficient grounds
(4) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused persons’s guilt:
(a) that the record or therapeutic record exists;
(b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
(c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
(d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
(e) that the record or therapeutic record may relate to the credibility of the complainant or witness;
(f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
(g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person;
(h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person;
(i) that the record or therapeutic record relates to the presence or absence of a recent complaint;
(j) that the record or therapeutic record relates to the complainant’s sexual reputation;
(k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person.
Service of application and summons
(5) The accused person shall serve the application on the prosecutor, on the person who has possession or control of the record or therapeutic record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.04(1) or within any shorter interval that the military judge may allow in the interests of military justice. The accused person shall also serve a summons on the person who has possession or control of the record or therapeutic record at the same time as the application is served.
Service on other persons
(6) The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate.
Service on complainant
(7) The service requirement on the accused person in subsection (5) is not fulfilled if the accused personally serves the application or a summons on the complainant.
Hearing in private
180.04 (1) The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record or therapeutic record to produce it to the military judge for review.
Persons who may appear at hearing
(2) The person who has possession or control of the record or therapeutic record, the complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Right to counsel
(3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Costs
(4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
Order — production to military judge
180.05 (1) The military judge may order the person who has possession or control of the record or therapeutic record to produce it, or any part of it, to the military judge for review if, after the hearing referred to in section 180.04, the military judge is satisfied that
(a) the application was made in accordance with subsections 180.03(2) to (7);
(b) in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and
(c) the production of all or any part of the record or therapeutic record is necessary in the interests of military justice.
Factors to be considered
(2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account:
(a) the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence;
(b) the probative value of the record or therapeutic record;
(c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
(d) whether production of the record or therapeutic record is based on a discriminatory belief or bias;
(e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
(f) society’s interest in encouraging the reporting of sexual offences;
(g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
(h) the effect of the determination on the integrity of the trial process.
Review of record by military judge
180.06 (1) If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether the record or therapeutic record, or the part, should be produced to the accused person.
Hearing in private
(2) The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination.
Provisions that apply to hearing
(3) Subsections 180.04(2) to (4) apply in the case of a hearing under subsection (2).
Order — production of record to accused person
180.07 (1) If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
Order — production of therapeutic record to accused person
(2) If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
Factors to be considered
(3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, the military judge shall take the factors set out in subsection 180.05(2) into account.
Conditions
(4) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
(a) that the record or therapeutic record be edited as directed by the military judge;
(b) that a copy of the record or therapeutic record, rather than the original, be produced;
(c) that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge;
(d) that the record or therapeutic record be viewed only at a location specified by the military judge;
(e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
(f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
Copy to prosecutor
(5) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall direct that a copy of the record or therapeutic record, or the part, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so.
Restriction on use
(6) The record or therapeutic record, or the part of it, that is produced to the accused person under an order made under subsection (1) must not be used in any other proceedings.
Retention by military judge
(7) If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the person lawfully entitled to possession or control of it.
Reasons for decision
180.08 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.05(1) or 180.07(1) or (2).
Production to Accused Person of Records and Therapeutic Records in Possession of Prosecutor
Records and therapeutic records possessed by prosecutor
180.09 (1) Except in accordance with sections 180.1 to 180.15, no record or therapeutic record relating to a complainant or a witness that is in the possession or control of the prosecutor shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act, or any other Act of Parliament, that is of a sexual nature or that is committed for a sexual purpose;
(b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Permitted production
(2) The prosecutor may produce to the accused person
(a) a record or part of a record, if the prosecutor intends to adduce the record or part in court or if the record or part directly relates to the activity that forms the subject matter of the charge against the accused person;
(b) a record or therapeutic record, or a part of one, if the complainant or witness to whom it relates agrees to its disclosure to the accused person; and
(c) any communication between the accused person and the complainant.
Duty of prosecutor to give notice
(3) Subject to subsection (2), if a record or therapeutic record in respect of which this section applies is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that it is in the prosecutor’s possession or control but, in doing so, the prosecutor shall not disclose its contents.
Application of certain provisions
(4) Production under subsection (2) does not affect the application of any of sections 180.16 to 180.21, paragraphs 230(i.01) and (i.1) and 230.1(j.01) and (j.1) and section 303.
Application for production
180.1 (1) An accused person who seeks production of a record or therapeutic record referred to in subsection 180.09(1) must make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial.
Clarification
(2) For greater certainty, the application referred to in subsection (1) must not be made to a military judge presiding at any other proceedings.
Form and content
(3) The application must be made in writing and must set out
(a) particulars identifying the record or the therapeutic record that the accused person seeks to have produced;
(b) in the case of a record, the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and
(c) in the case of a therapeutic record, the grounds on which the accused person relies to establish that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt.
Insufficient grounds
(4) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify or that the therapeutic record contains evidence that could raise a reasonable doubt as to the accused person’s guilt:
(a) that the record or therapeutic record exists;
(b) that the record or therapeutic record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving;
(c) that the record or therapeutic record relates to the incident that is the subject matter of the proceedings;
(d) that the record or therapeutic record may disclose a prior inconsistent statement of the complainant or witness;
(e) that the record or therapeutic record may relate to the credibility of the complainant or witness;
(f) that the record or therapeutic record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling;
(g) that the record or therapeutic record may reveal allegations of sexual abuse of the complainant by a person other than the accused person;
(h) that the record or therapeutic record relates to the sexual activity of the complainant with any person, including the accused person;
(i) that the record or therapeutic record relates to the presence or absence of a recent complaint;
(j) that the record or therapeutic record relates to the complainant’s sexual reputation;
(k) that the record or therapeutic record was made close in time to a complaint or to the activity that forms the subject matter of the charge against the accused person.
Service of application
(5) The accused person shall serve the application on the prosecutor, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record or therapeutic record relates, at least 60 days before the hearing referred to in subsection 180.11(1) or within any shorter interval that the military judge may allow in the interests of military justice.
Service on other persons
(6) The military judge may at any time order that the application be served on any person to whom the military judge considers the record or therapeutic record may relate.
Service on complainant
(7) The service requirement on the accused person in subsection (5) is not fulfilled if the accused person personally serves the application on the complainant.
Hearing in private
180.11 (1) The military judge shall hold a hearing in private to determine whether to order the prosecutor to produce the record or therapeutic record for review by the military judge.
Persons who may appear at hearing
(2) The complainant or witness, as the case may be, and any other person to whom the record or therapeutic record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing.
Right to counsel
(3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel.
Costs
(4) An order for costs must not be made against a person referred to in subsection (2) in respect of their participation in the hearing.
Order — production to military judge
180.12 (1) The military judge may order the prosecutor to produce the record or therapeutic record, or any part of it, to the military judge for review if, after the hearing referred to in section 180.11, the military judge is satisfied that
(a) the application was made in accordance with subsections 180.1(2) to (6);
(b) in the case of a record, the accused person has established that it is likely relevant to an issue at trial or to the competence of a witness to testify or, in the case of a therapeutic record, the accused person has established that it contains evidence that could raise a reasonable doubt as to the accused person’s guilt; and
(c) the production of all or any part of the record or therapeutic record is necessary in the interests of military justice.
Factors to be considered
(2) In determining whether to order the production of the record or therapeutic record, or part of it, for review, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates. In particular, the military judge shall take the following factors into account:
(a) the extent to which the record or therapeutic record is necessary for the accused person to make a full answer and defence;
(b) the probative value of the record or therapeutic record;
(c) the nature and extent of the reasonable expectation of privacy with respect to the record or therapeutic record;
(d) whether production of the record or therapeutic record is based on a discriminatory belief or bias;
(e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record or therapeutic record relates;
(f) society’s interest in encouraging the reporting of sexual offences;
(g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and
(h) the effect of the determination on the integrity of the trial process.
Review by military judge
180.13 (1) If the military judge has ordered the production of the record or therapeutic record, or part of it, for review, the military judge shall review it, or the part of it, in the absence of the parties in order to determine whether it, or the part, should be produced to the accused person.
Hearing in private
(2) The military judge may hold a hearing in private if the military judge considers that it will assist in making the determination.
Provisions that apply to hearing
(3) Subsections 180.11(2) to (4) apply in the case of a hearing under subsection (2).
Order to produce record to accused person
180.14 (1) If the military judge is satisfied that the record, or part of it, is likely relevant to an issue at trial or to the competence of a witness to testify and its production is necessary in the interests of military justice, the military judge may order that the record, or the part, that is likely relevant be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
Order to produce therapeutic record to accused person
(2) If the military judge is satisfied that the therapeutic record, or part of it, contains evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and that is not available from any other source, the military judge may order that the therapeutic record, or the part, be produced to the accused person, subject to any conditions that may be imposed under subsection (4).
Factors to be considered
(3) In determining whether to order the production of the record or therapeutic record, or part of it, to the accused person, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates and, in particular, shall take the factors set out in subsection 180.12(2) into account.
Conditions
(4) If the military judge orders the production of the record or therapeutic record, or part of it, to the accused person, the military judge may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record or therapeutic record relates, including, for example, the following conditions:
(a) that the record or therapeutic record be edited as directed by the military judge;
(b) that a copy of the record or therapeutic record, rather than the original, be produced;
(c) that the accused person and counsel for the accused person not disclose the contents of the record or therapeutic record to any other person, except with the approval of the military judge;
(d) that the record or therapeutic record be viewed only at a location specified by the military judge;
(e) that no copies of the record or therapeutic record be made or that restrictions be imposed on the number of copies of it that may be made; and
(f) that information regarding any person named in the record or therapeutic record, such as their address, telephone number and place of employment, be severed from the record or therapeutic record.
Restriction on use
(5) The record or therapeutic record, or the part of it, that is produced to the accused person under an order under subsection (1) must not be used in any other proceedings.
Retention by military judge
(6) If the military judge refuses to order the production of the record or therapeutic record, or part of it, to the accused person, the record or therapeutic record, or the part, must, unless a military judge orders otherwise, be kept by the military judge in a sealed package until the later of the end of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or therapeutic record, or the part, must be returned to the prosecutor or the person lawfully entitled to possession or control of it.
Reasons for decision
180.15 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or therapeutic record, or part of it, under subsection 180.12(1) or 180.14(1) or (2).
Admissibility of Records and Therapeutic Records in Possession of Accused Person
Admissibility — possession by accused person
180.16 (1) Except in accordance with this section, no record or therapeutic record relating to a complainant that is in the possession or control of the accused person — and which the accused person intends to adduce — shall be admitted in evidence in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences:
(a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code or any other offence under that Act or any other Act of Parliament that is of a sexual nature or that is committed for a sexual purpose; or
(b) any offence under that Act, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (a) if it occurred on or after that day.
Requirements for admissibility
(2) The record or therapeutic record is inadmissible in whole or in part unless the military judge determines, in accordance with the procedures set out in sections 180.17, 180.18 or 180.2,
(a) if the admissibility of the record or therapeutic record, or part of it, is subject to section 180.001, that the evidence meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection (3);
(b) that the record, or part of it, is relevant to an issue at trial and has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and
(c) that the therapeutic record, or part of it, is evidence that is likely to raise a reasonable doubt as to the accused person’s guilt and there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt.
Factors to be considered
(3) In determining whether the record or therapeutic record, or part of it, is admissible under subsection (2), the military judge shall take into account the following factors:
(a) the interests of military justice, including the right of the accused person to make a full answer and defence;
(b) society’s interest in encouraging the reporting of sexual assault offences;
(c) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences;
(d) whether there is a reasonable prospect that the record or therapeutic record, or part of it, will assist in arriving at a just determination in the case;
(e) the need to remove from the fact-finding process any discriminatory belief or bias;
(f) the risk that the evidence may unduly arouse sentiments of prejudice, sympathy or hostility in the panel;
(g) the potential prejudice to the complainant’s personal dignity and right of privacy;
(h) the right of the complainant and of every individual to personal security and to the full protection and benefit of the law; and
(i) any other factor that the military judge considers relevant.
Application for hearing
180.17 (1) The accused person may apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a hearing under section 180.18 to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2).
Form and content
(2) The application must be made in writing and must be accompanied by an affidavit setting out
(a) detailed particulars of the record or the therapeutic record, or the part of it, that the accused person seeks to adduce;
(b) in the case of a record, or a part of one, the relevance of that evidence to an issue at trial; and
(c) in the case of a therapeutic record, or a part of one, how that evidence is likely to raise a reasonable doubt as to the accused person’s guilt.
Copy of the application
(3) A copy of the application and the affidavit must be given to the prosecutor and filed with the Court Martial Administrator.
Panel and public excluded
(4) The military judge shall consider the application with the panel and the public excluded.
Hearing
(5) If the military judge is satisfied that the application was made in accordance with subsection (2), that a copy of the application was given to the prosecutor and filed with the Court Martial Administrator at least 60 days previously or within any shorter interval that the military judge may allow in the interests of military justice, and that the record or therapeutic record, or the part of it, sought to be adduced is capable of being admissible, the military judge shall grant the application and hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2).
Copy to complainant
(6) If the military judge grants the application and agrees to hold the hearing, the accused person shall cause a copy of the application to be given to the complainant by a person other than the accused person.
Hearing — panel and public excluded
180.18 (1) The panel and the public shall be excluded from a hearing to determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2).
Complainant not compellable
(2) The complainant is not a compellable witness at the hearing but may appear and make submissions.
Right to counsel
(3) The military judge shall, as soon as feasible, inform the complainant who participates in the hearing of their right to be represented by counsel.
Determination and reasons
(4) At the conclusion of the hearing, the military judge shall determine whether the record or therapeutic record, or part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and
(a) if not all of the record or therapeutic record is to be admitted, the reasons must state the part of it that is to be admitted;
(b) the reasons must state the factors referred to in subsection 180.16(3) that affected the determination;
(c) if all or any part of the record is to be admitted, the reasons must state the manner in which it is expected to be relevant to an issue at trial; and
(d) if all or any part of the therapeutic record is to be admitted, the reasons must state how it is likely to raise a reasonable doubt as to the accused person’s guilt and why the military judge is of the opinion that there is no other evidence that is capable of raising a reasonable doubt as to the accused person’s guilt.
Instruction to panel — use of evidence
180.19 If evidence is admitted at trial on the basis of a determination made under subsection 180.18(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
Joint Application
Admissibility of record
180.2 (1) The prosecutor and the accused person, together with the complainant or any witness to which a record, or part of it, relates, may jointly apply to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial, for a determination as to whether the record, or part of it, is admissible under subsection 180.16(2) without holding a hearing under section 180.18.
Form and content
(2) The application must be made in writing and signed by the applicants and must set out the detailed particulars of the record or part and
(a) the relevance of that record or part to an issue at trial;
(b) if the admissibility of the record or part is subject to section 180.001, how it meets the conditions set out in subsection 180.001(2) while taking into account the factors set out in subsection 180.16(3);
(c) that the record or part has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of military justice; and
(d) any information the applicants consider necessary to assist the military judge when the military judge takes into account the factors referred to in subsection 180.16(3).
Copy to Court Martial Administrator
(3) A copy of the application must be filed with the Court Martial Administrator at least 60 days before the trial.
Determination and reasons
(4) The military judge shall, in the absence of the applicants, and without holding a hearing, consider the application and make a determination no later than 30 days after the day on which the application is made as to whether the evidence, or any part of it, is admissible under subsection 180.16(2) and shall provide reasons in writing for that determination, and
(a) if not all of the evidence is to be admitted, the reasons must state the part of the evidence that is to be admitted;
(b) the reasons must state the factors referred to in subsection 180.001(3) or 180.16(3) that affected the determination; and
(c) if all or any part of the evidence is to be admitted, the reasons must state the manner in which that evidence is expected to be relevant to an issue at trial.
Power to grant application or hold hearing
(5) If the military judge is satisfied that the record, or part of it, is admissible under subsection 180.16(2), the military judge shall grant the application. If the military judge is not so satisfied, they shall hold a hearing under section 180.18 to determine whether the evidence is admissible under subsection 180.16(2).
Use of evidence
(6) If the record, or part of it, is determined to be admissible, the military judge shall direct the applicants as to the uses that they may and may not make of that record or part.
For greater certainty — therapeutic record
(7) For greater certainty, this section does not apply to a therapeutic record.
For greater certainty — right to counsel
(8) For greater certainty, the complainant or any witness has the right to be represented by counsel.
Instruction to panel — use of evidence
180.21 If evidence is admitted at trial on the basis of a determination made under subsection 180.2(4), the military judge shall instruct the panel as to the uses that the panel may and may not make of that evidence.
— 2026, c. 19, s. 156
156 (1) Subsections 183.1(1) and (2) of the Act are replaced by the following:
Support person or animal — witnesses under 18 or who have disability
183.1 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Victims — certain offences
(1.1) In proceedings against an accused person in respect 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, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence or on application of such a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Other witnesses
(2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice or a support animal be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
(2) Subsection 183.1(6) of the Act is replaced by the following:
No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
— 2026, c. 19, s. 157
157 (1) Subsections 183.2(1) and (2) of the Act are replaced by the following:
Testimony outside courtroom — witnesses under 18 or who have disability
183.2 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Victims — certain offences
(1.1) In proceedings against an accused person in respect 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, a military judge — or, if the court martial has been convened, the military judge assigned to preside at the court martial — shall, on application of the prosecutor in respect of a witness who is a victim of such an offence, or on application of such a witness, order that the witness testify, at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice.
Inquiry by court
(1.2) If an application for an order under subsection (1) or (1.1) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
Other witnesses
(2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify at the option of the witness, either outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice.
(2) Subsections 183.2(5) and (6) of the Act are replaced by the following:
Conditions of exclusion
(5) A witness shall not testify outside the courtroom in accordance with an order made under subsection (1), (1.1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony.
No adverse inference
(6) No adverse inference shall be drawn from the fact that an order is, or is not, made under this section.
— 2026, c. 19, s. 158
158 Subsection 183.3(2) of the Act is replaced by the following:
Accused not to cross-examine victim — certain offences
(2) In proceedings against an accused person in respect 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 military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination.
Inquiry by court
(2.1) If an application for an order under subsection (1) or (2) is not made, the military judge shall inquire of the prosecutor whether reasonable steps have been taken to inform the witness that such an application may be made.
— 2026, c. 19, s. 159
159 Section 189 of the Act is renumbered as subsection 189(1) and is amended by adding the following:
Considerations
(2) In deciding whether to adjourn the proceedings, the court martial shall consider the interests of military justice, including the interests of any victim of the service offence in question if information related to the victim’s interests is readily available.
— 2026, c. 19, s. 160
160 The Act is amended by adding the following after section 196.1:
Division 6.01Unreasonable Delay
Definition
Definition of unreasonable delay
196.101 In this Division, unreasonable delay means a delay that exceeds the reasonable time for a person charged with an offence to be tried in accordance with paragraph 11(b) of the Canadian Charter of Rights and Freedoms.
Jurisdiction
Jurisdiction not lost
196.102 A finding of unreasonable delay in respect of any proceedings does not deprive a court martial seized with those proceedings of jurisdiction in respect of the offence, the accused person or the offender.
Application
Stay of proceedings
196.103 A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay except in accordance with this Division.
Common law rules and principles
196.104 Rules and principles of the common law in respect of a determination of unreasonable delay continue to apply except insofar as they are altered by or are inconsistent with this Division.
Notice to Victims
Reasonable steps to inform
196.105 (1) If an application for a finding of unreasonable delay is filed with the court martial, the prosecutor shall, as soon as feasible, take reasonable steps to inform any victim of the offence referred to in the application of the filing of the application.
Court martial to inquire if notice given
(2) The court martial shall, at the time the application is heard, inquire of the prosecutor if reasonable steps have been taken to inform the victims, if any, of the filing of the application.
Notice of court martial’s decision
(3) The prosecutor shall, as soon as feasible after a decision has been made on the application, take reasonable steps to inform the victims, if any, of the decision.
Decision not precluded
(4) The failure of the prosecutor to take reasonable steps to inform the victims, if any, of the application does not preclude the court martial from making a decision in respect of the application.
Case Complexity
Case complexity — factors
196.106 (1) In determining whether there has been or will be unreasonable delay, the court martial shall consider whether there are any relevant factors that contributed or will contribute to making the case complex.
Applications and motions — factors
(2) If the case involved or will involve applications or motions, either before, during or after the trial, the court martial shall also consider the following factors in assessing whether the case is complex:
(a) the number of applications or motions;
(b) whether any of the applications or motions required or will require scheduling court martial dates separately and in advance of trial dates;
(c) whether any adjournments were or will be required in order to complete the steps required by any of the applications or motions;
(d) whether more than one judicial decision was or will be needed to complete the steps required by any of the applications or motions;
(e) the amount of cumulative court time that was or will be required to adjudicate the applications or motions;
(f) the need for trial continuation dates arising from the applications or motions that required more time than anticipated;
(g) the need for trial continuation dates arising from the applications or motions that were not scheduled in advance of the trial; and
(h) any factor that the court martial finds relevant in assessing the complexity of the applications or motions.
Days to Be Excluded
Exclusions — sexual offence proceedings
196.107 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
(a) in respect of any application made under section 180.002, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.003,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
(b) in respect of any application made under section 180.03 or 180.1, if a copy of the application was not served at least 60 days before the hearing referred to in subsection 180.04(1) or 180.11(1) to the persons referred to in subsection 180.03(5) or 180.1(5),
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not served at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application;
(c) in respect of any application made under section 180.17, if a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing referred to in section 180.18,
(i) the period that consists of the cumulative number of days it took to hear the application, and
(ii) any other period, as determined by the court martial, that is attributable to the fact that a copy of the application was not filed with the Court Martial Administrator at least 60 days before the hearing, including any delay caused by the adjournment of any proceeding that is attributable to the late filing of the application.
Exclusions — Canada Evidence Act
196.108 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within any of the following periods:
(a) in the case where an objection was made under subsection 37(1) of the Canada Evidence Act before a court martial and an application was made under subsection 37(3) of that Act in respect of the objection, the period that begins on the day the objection was made and ends on the day the application was finally determined;
(b) in the case of an application made under subsection 38.04(1) or (2) of that Act in respect of a notice arising from the prosecution of the offence given under any of subsections 38.01(1) to (4) of that Act, the period that begins on the day the application was made and ends on the day the application was finally determined.
Exclusion — Canadian Security Intelligence Service Act
196.109 Subject to section 196.1091, in determining whether there has been or will be unreasonable delay, the court martial shall not take into account any day within the period that begins on the day any application under subsection 18.1(4) of the Canadian Security Intelligence Service Act was made and ends on the day it was finally determined.
Actions not made in good faith
196.1091 For greater certainty, in determining the days that are not to be taken into account in relation to applications or objections referred to in sections 196.107 to 196.109, the court martial shall take into account any frivolous or dilatory action, or any action not made in good faith, taken by the prosecutor, by counsel representing the Attorney General of Canada or by any person acting on behalf of the prosecutor or the Attorney General of Canada.
Alternative Remedies to Stay of Proceedings
Alternative remedies to be considered
196.1092 (1) A court martial shall not order a stay of proceedings as a result of a finding of unreasonable delay unless it is satisfied that no other remedy would be appropriate and just in the circumstances.
Factors to be considered
(2) In determining whether a remedy other than a stay of proceedings is appropriate and just, the court martial shall take into account the following factors:
(a) the stage of the proceedings during which the finding of unreasonable delay is made or during which the delay became unreasonable;
(b) the impact that a stay of proceedings is likely to have on any victim of the offence;
(c) the prejudice that has been or would be suffered by the accused person or offender as a result of unreasonable delay;
(d) the public’s trust in the administration of military justice;
(e) the maintenance of discipline, efficiency and morale of the Canadian Forces; and
(f) the interest that society has in having a final decision on the merits.
— 2026, c. 19, s. 161
161 Paragraph 203.6(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 victim’s choice or a support animal;
— 2026, c. 19, s. 162
162 (1) Section 203.71 of the Act is amended by adding the following after subsection (1):
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).
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):
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.
— 2026, c. 19, s. 163
163 (1) Section 203.72 of the Act is amended by adding the following after subsection (1):
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).
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:
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):
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.
— 2026, c. 19, s. 164
164 The Act is amended by adding the following after section 203.72:
Order Prohibiting Contact
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.
Duration of prohibition
(2) The prohibition may be for life or for any shorter duration that the court martial considers desirable.
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.
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.
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.
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.
— 2026, c. 19, s. 165
165 Subsection 215(1.2) of the Act is replaced by the following:
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.
— 2026, c. 19, s. 166
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);
— 2026, c. 19, s. 167
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);
— 2026, c. 19, s. 168
168 Subsection 248.3(3) of the Act is replaced by the following:
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.
— 2026, c. 19, s. 169
169 (1) Subsection 303(1) of the Act is replaced by the following:
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.
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:
Definitions
(3) In this section, record and therapeutic record have the same meanings as in section 180.01.
— 2026, c. 19, s. 170
170 The Act is amended by adding the following after section 303.1:
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.
— 2026, c. 19, s. 171
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)
— 2026, c. 19, s. 172
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.
— 2026, c. 19, s. 173
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.
— 2026, c. 19, s. 174
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.
— 2026, c. 19, s. 175
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.
— 2026, c. 19, s. 176
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.
— 2026, c. 19, s. 177
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.
— 2026, c. 19, s. 202
Bill C-11
202 (1) Subsections (2) and (3) apply if Bill C-11, introduced in the 1st session of the 45th Parliament and entitled the Military Justice System Modernization Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both section 4 of the other Act and section 150 of this Act are in force, paragraph 71.041(b) of the National Defence Act is replaced by the following:
(b) the Provost Marshal General; and
(3) On the first day on which both section 7 of the other Act and subsection 12(1) of this Act are in force, paragraph 70(d) of the National Defence Act is amended by adding the following after subparagraph (viii):
(viii.1) subsection 160(3.1) (representation of bestiality),
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