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National Defence Act

Version of section 165.21 from 2003-01-01 to 2011-11-28:


Marginal note:Appointment

  •  (1) The Governor in Council may appoint officers who are barristers or advocates of at least ten years standing at the bar of a province to be military judges.

  • Marginal note:Tenure of office and removal

    (2) A military judge holds office during good behaviour for a term of five years but may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.

  • Marginal note:Powers of Inquiry Committee

    (2.1) The Inquiry Committee is deemed to have the powers of a court martial.

  • Marginal note:Re-appointment

    (3) A military judge is eligible to be re-appointed on the expiry of a first or subsequent term of office on the recommendation of a Renewal Committee established under regulations made by the Governor in Council.

  • Marginal note:Retirement age

    (4) A military judge ceases to hold office on reaching the retirement age prescribed by the Governor in Council in regulations.

  • 1998, c. 35, s. 42

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