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Canada Evidence Act (R.S.C., 1985, c. C-5)

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Act current to 2020-03-05 and last amended on 2019-07-12. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2019, c. 15, s. 48

    • 2001, c. 41, s. 43

      48 Subsection 38.01(5) of the Canada Evidence Act is replaced by the following:

      • Military proceedings

        (5) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under any of subsections (1) to (4) shall be given to both the Attorney General of Canada and the Minister of National Defence.

  • — 2019, c. 15, s. 49

    • 2001, c. 41, s. 43

      49 Subsection 38.03(2) of the Act is replaced by the following:

      • Military proceedings

        (2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may authorize disclosure only with the agreement of the Minister of National Defence.

  • — 2019, c. 15, s. 50

    • 2013, c. 9, s. 19(3)
      • 50 (1) Paragraph 38.04(5)(a) of the Act is replaced by the following:

        • (a) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, with respect to making the application public;

      • 2013, c. 9, s. 19(3)

        (2) Paragraph 38.04(5)(a.2) of the Act is replaced by the following:

        • (a.2) shall hear the representations of the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, concerning the identity of all parties or witnesses whose interests may be affected by either the prohibition of disclosure or the conditions to which disclosure is subject, and concerning the persons who should be given notice of any hearing of the matter;

  • — 2019, c. 15, s. 51

    • 2001, c. 41, s. 43; 2013, c. 9, s. 21(1)

      51 Subsections 38.11(1.1) and (2) of the Act are replaced by the following:

      • Special rules — hearing in National Capital Region

        (1.1) A hearing under subsection 38.04(5) or an appeal or review of an order made under any of subsections 38.06(1) to (3) shall, at the request of either the Attorney General of Canada or, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, be held or heard, as the case may be, in the National Capital Region, as described in the schedule to the National Capital Act.

      • Ex parte representations

        (2) The judge conducting a hearing under subsection 38.04(5) or the court hearing an appeal or review of an order made under any of subsections 38.06(1) to (3) may give any person who makes representations under paragraph 38.04(5)(d), and shall give the Attorney General of Canada and, in the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Minister of National Defence, the opportunity to make representations ex parte.

  • — 2019, c. 15, s. 52

    • 2001, c. 41, s. 43

      52 Subsection 38.13(2) of the Act is replaced by the following:

      • Military proceedings

        (2) In the case of a proceeding under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, the Attorney General of Canada may issue the certificate only with the agreement, given personally, of the Minister of National Defence.

  • — 2019, c. 15, s. 53

    • 2001, c. 41, s. 43

      53 Subsection 38.131(3) of the Act is replaced by the following:

      • Military proceedings

        (3) In the case of proceedings under Part III of the National Defence Act, other than a summary hearing as defined in subsection 2(1) of that Act, notice under subsection (2) shall be given to both the Attorney General of Canada and the Minister of National Defence.

  • — 2019, c. 15, s. 54

    • 2001, c. 41, s. 44

      54 Item 10 of the schedule to the Act is replaced by the following:

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