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

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