National Defence Act (R.S.C., 1985, c. N-5)

RELATED PROVISIONS

• — 2008, c. 29, s. 28

  • Review

    • 28 (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose.

    • Report

      (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends.

• — 2008, c. 29, s. 29

  • Reference to General Court Martial

    29 For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act, any reference to a General Court Martial is also a reference to a Disciplinary Court Martial.

• — 2012, c. 1, par. 163(b)

  • Pending applications — references in other legislation

    163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force:

    • (b) paragraph 202.14(2)(h) of the National Defence Act; and

• — 2012, c. 1, par. 165(e)

  • Pardons in effect — references in other legislation

    165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act:

    • (e) the definition record suspension in section 227 of the National Defence Act; and

• — 2013, c. 24, s. 109

  • Military judges continuing in office

    109 A person who, immediately before the coming into force of this section, held office as a military judge shall continue in office as if the person had been appointed under subsection 165.21(1) of the National Defence Act, as enacted by section 41.

• — 2013, c. 24, s. 110

  • Members of Inquiry Committee continuing in office

    110 A person who, immediately before the coming into force of this section, held office as a member of an Inquiry Committee established under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.31(1) of the National Defence Act, as enacted by section 45.

• — 2013, c. 24, s. 111

  • Members of Compensation Committee continuing in office

    111 A person who, immediately before the coming into force of this section, held office as a member of a Compensation Committee established under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.33(1) of the National Defence Act, as enacted by section 45.

• — 2013, c. 24, s. 112

  • Inquiry by Inquiry Committee

    112 An inquiry under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.31 and 165.32 of the National Defence Act, as enacted by section 45.

• — 2013, c. 24, s. 113

  • Review by Compensation Committee

    113 A review under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.33 to 165.37 of the National Defence Act, as enacted by section 45.

• — 2013, c. 24, s. 114

  • Limitation or prescription period

    114 The limitation or prescription period set out in subsection 269(1) of the National Defence Act, as enacted by section 99, applies only in respect of an act, neglect or default that occurs after the coming into force of section 99.

• — 2014, c. 6, s. 31.1

  • Review

    • 31.1 (1) Within five years after sections 21 to 31 come into force, a comprehensive review of the operation of sections 197 to 233 of the National Defence Act is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.

    • Report

      (2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee.

• — 2014, c. 25, s. 45.1

  • Review

    • 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose.

    • Report

      (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends.

• — 2019, c. 15, ss. 63(1), (35)

  • 2013, c. 24

    • 63 (1) In this section, other Act means the Strengthening Military Justice in the Defence of Canada Act.

    • (35) If subsection (34) applies, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i), as enacted by that subsection (34), is deemed to have been enacted on the day on which section 75 of the other Act came into force.

• — 2019, c. 15, s. 66

  • Proceedings

    66 The National Defence Act, as it read immediately before the coming into force of section 25 of this Act, applies

    • (a) in respect of proceedings against a person who is alleged to have committed a service offence that were commenced by the laying of a charge before the coming into force of that section 25; and

    • (b) in respect of all matters related to those proceedings.

• — 2019, c. 15, s. 67

  • Section 203.1 of National Defence Act

    67 Paragraphs 203.1(2)(c) and (i) of the National Defence Act, as enacted, respectively, by paragraphs 63(21)(d) and (e), apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which those paragraphs 63(21)(d) and (e) produce their effects.

• — 2026, c. 11, s. 82

  • Clarification — application

    • 82 (1) For greater certainty, the provisions of the National Defence Act, as enacted by sections 79 and 80, also apply with respect to any matter or proceeding that is ongoing on the day on which those sections come into force.

    • Clarification — certain offences

      (2) For greater certainty, section 302 of the National Defence Act, as enacted by section 81, applies only with respect to an offence that is committed on or after the day on which that section 81 comes into force.

• — 2026, c. 16, s. 56

  • Words and expressions

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

• — 2026, c. 16, s. 57

  • Canadian Forces Provost Marshal

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

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

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

    • No compensation

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

    • Inquiry continued

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

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

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

• — 2026, c. 16, s. 58

  • General Instructions or guidelines by Vice Chief of Defence Staff

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

    • Copy to Minister

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

• — 2026, c. 16, s. 59

  • Specific Instructions or guidelines by Vice Chief of Defence Staff

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

• — 2026, c. 16, s. 60

  • Transfer of ongoing investigations

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

• — 2026, c. 16, s. 61

  • Application of National Defence Act

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

• — 2026, c. 16, s. 62

  • Military judges — service infractions

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

• — 2026, c. 16, s. 63

  • Director of Military Prosecutions

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

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

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

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

    • Inquiry continued

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

• — 2026, c. 16, s. 64

  • Specific instructions or guidelines by Judge Advocate General

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

    • Availability to public

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

• — 2026, c. 16, s. 65

  • Director of Defence Counsel Services

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

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

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

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

    • Inquiry continued

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

• — 2026, c. 16, s. 65.1

  • Review

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

    • Report to Parliament

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

    • Consultations

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

    • Contents of report

      (4) The report must include

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

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

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

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

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

    • Referral

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

    • Resolution — repeal

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