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| Change to
headings
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93. The headings before sections 66, 67,
68, 70, 71, 73, 74, 75, 76, 77, 78, 82, 83, 88,
90, 92, 99, 104, 107, 111, 113, 120, 121, 124,
129, 130, 133, 139, 148, 149, 150, 151, 158,
180, 181, 183, 184, 195, 198, 202.13, 202.17,
202.24, 202.25, 215, 219, 221, 222, 223, 224,
226, 230, 232, 233, 234, 238, 244 and 245 of
the Act are converted from italics to roman
type to conform with the format of the new
division headings enacted by this Act.
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| Change to
heading
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94. The heading before section 147.1 of
the Act, as enacted by section 176 of the
Firearms Act, being chapter 39 of the
Statutes of Canada, 1995, is converted from
italics to roman type to conform with the
format of the new division headings enacted
by this Act.
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| Change to
heading
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95. The heading before section 149.1 of
the Act, as enacted by section 13 of An Act
to amend the Criminal Code (mental
disorder) and to amend the National Defence
Act and the Young Offenders Act in
consequence thereof, being chapter 43 of the
Statutes of Canada, 1991, is converted from
italics to roman type to conform with the
format of the new division headings enacted
by this Act.
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| Review and
report
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96. The Minister shall undertake a
review of the provisions and operation of
this Act and shall cause a report on the
review to be laid before each House of
Parliament within five years after the
coming into force of this section.
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TRANSITIONAL PROVISIONS |
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| Definitions
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97. The definitions in this section apply in
sections 98 to 100.
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| ``former Code
of Service
Discipline'' « ancien code »
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``former Code of Service Discipline'' means
the Code of Service Discipline within the
meaning of section 2 of the Act as that
definition read immediately before the
coming into force of this section.
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| ``new Code of
Service
Discipline'' « nouveau code »
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``new Code of Service Discipline'' means
the Code of Service Discipline within the
meaning of section 2 of the Act as that
definition reads immediately after the
coming into force of this section.
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| Continuing
liability
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98. Every person liable to be charged,
dealt with and tried under the former Code
of Service Discipline immediately before
the coming into force of this section may be
charged, dealt with and tried under the new
Code of Service Discipline.
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| Proceedings
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99. (1) Proceedings under the former
Code of Service Discipline commenced
before the coming into force of this section
are to be taken up and continued under and
in conformity with the new Code of Service
Discipline without any further formality
and with any modifications that the
circumstances require.
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| Courts martial
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(2) For the purposes of subsection (1),
court martial proceedings are deemed to be
commenced when the court martial is
convened.
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| Judge
advocate of
court martial
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100. Every person who is a judge
advocate of a court martial on the coming
into force of this section is deemed to be a
military judge presiding at the court
martial under the new Code of Service
Discipline.
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| Members of
court martial
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101. Every person who is a member of a
court martial on the coming into force of
this section is deemed to be a member of the
panel of the court martial.
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| Military
judges
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102. (1) Every officer appointed under
section 177 of the Act who holds office
immediately before this section comes into
force is deemed to be a military judge for
the unexpired term of the officer's
appointment as if the officer had been
appointed for that term by the Governor in
Council under section 165.21(1) of the Act,
as enacted by section 42 of this Act.
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| Chief Military
Judge
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(2) The officer who holds office as the
Chief Military Trial Judge immediately
before this section comes into force is the
Chief Military Judge.
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| Grievances
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103. A grievance that is considered by the
Chief of the Defence Staff in accordance
with regulations made by the Governor in
Council for the purpose of providing
redress and that is determined by the Chief
of the Defence Staff within ninety days
before section 29.11 of the Act, as enacted
by section 7 of this Act, comes into force
may be considered by the Minister if an
application is made within ninety days after
the determination.
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| Part IV
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104. Part IV of the Act does not apply in
respect of events that took place before that
Part or any of its provisions came into force.
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| Transitional
regulations
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105. The Governor in Council may make
regulations providing for any other
transitional matters.
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CONSEQUENTIAL AMENDMENTS |
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| R.S., c. A-1
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Access to Information Act |
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106. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Canadian Forces Grievance Board
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Military Police Complaints Commission
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| R.S., c. C-17
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Canadian Forces Superannuation Act |
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107. The definition ``pay'' in subsection
2(1) of the Canadian Forces Superannuation
Act is replaced by the following:
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| ``pay'' « solde »
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``pay'', as applied to the Canadian Forces,
means pay at the rates prescribed or
established under the National Defence Act
for the rank held by the person in respect of
whom the expression is being applied,
together with the allowances prescribed by
the regulations made under this Act for that
rank, and, as applied to the Public Service
or the Royal Canadian Mounted Police,
means the salary or pay and allowances, as
the case may be, applicable in the case of
that person, as determined under the Public
Service Superannuation Act or the Royal
Canadian Mounted Police Superannuation
Act;
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| 1992, c. 20
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Corrections and Conditional Release Act |
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| 1995, c. 22, s.
13 (Sch. II,
item 2)
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108. The portion of subsection 17(1) of
the Corrections and Conditional Release Act
after paragraph (d) and before paragraph
(e) is replaced by the following:
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the absence may, subject to section 746.1 of
the Criminal Code and subsection 140.3(2) of
the National Defence Act , be authorized by
the institutional head
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| 1995, c. 22, s.
13 (Sch. II,
item 3)
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109. The portion of subsection 18(2) of
the Act before paragraph (a) is replaced by
the following:
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| Work releases
may be
authorized
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(2) Where an inmate is eligible for
unescorted temporary absences under Part II
or pursuant to section 746.1 of the Criminal
Code or subsection 140.3(2) of the National
Defence Act , and, in the opinion of the
institutional head,
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110. The portion of subsection 107(1) of
the Act before paragraph (a) is replaced by
the following:
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| Jurisdiction of
Board
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107. (1) Subject to this Act, the Prisons and
Reformatories Act, the Transfer of Offenders
Act, the National Defence Act and the
Criminal Code, the Board has exclusive
jurisdiction and absolute discretion
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| 1995, c. 22, s.
13 (Sch. II,
item 6)
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111. (1) The portion of subsection 119(1)
of the Act before paragraph (a) is replaced
by the following:
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| Time when
eligible for
day parole
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119. (1) Subject to section 746.1 of the
Criminal Code and subsection 140.3(2) of the
National Defence Act , the portion of a
sentence that must be served before an
offender may be released on day parole is
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| 1997, c. 17,
par. 20(4)(a)
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(2) Subsection 119(1.1) of the Act is
replaced by the following:
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| Time when
eligible for
day parole
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(1.1) Notwithstanding section 746.1 of the
Criminal Code and subsection 140.3(2) of the
National Defence Act , an offender described
in subsection 746.1(1) or (2) of the Criminal
Code or to whom those subsections apply
pursuant to subsection 140.3(2) of the
National Defence Act , shall not, in the
circumstances described in subsection
120.2(2) or (3), be released on day parole until
three years before the day that is determined
in accordance with subsection 120.2(2) or (3) .
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| 1997, c. 17, s.
20(4)(b)
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(3) The portion of subsection 119(1.2) of
the Act before paragraph (a) is replaced by
the following:
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| When eligible
for day
parole- - young offender sentenced to life imprison- ment
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(1.2) Notwithstanding section 746.1 of the
Criminal Code and subsection 140.3(2) of the
National Defence Act , in the circumstances
described in subsection 120.2(2), the portion
of the sentence of an offender described in
subsection 746.1(3) of the Criminal Code or to
whom that subsection applies pursuant to
subsection 140.3(2) of the National Defence
Act that must be served before the offender
may be released on day parole is the longer of
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| 1995, c. 22, s.
13 (Sch. II,
item 7), c. 42,
s. 34
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112. Section 120 of the Act is replaced by
the following:
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| Time when
eligible for
full parole
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120. (1) Subject to sections 746.1 and 761
of the Criminal Code and to any order made
under section 743.6 of that Act and subject to
subsection 140.3(2) of the National Defence
Act and to any order made under section 140.4
of that Act , an offender is not eligible for full
parole until the day on which the offender has
served a period of ineligibility of the lesser of
one third of the sentence and seven years.
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| Life sentence
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(2) Subject to any order made under section
743.6 of the Criminal Code or section 140.4
of the National Defence Act , an offender who
is serving a life sentence, imposed otherwise
than as a minimum punishment, is not eligible
for full parole until the day on which the
offender has served a period of ineligibility of
seven years less any time spent in custody
between the day on which the offender was
arrested and taken into custody, in respect of
the offence for which the sentence was
imposed, and the day on which the sentence
was imposed.
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| 1995, c. 42, s.
34; 1997, c.
17, s. 23(2)(F)
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113. (1) Subparagraph 120.2(1)(b)(i) of
the Act is replaced by the following:
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| 1995, c. 22, s.
18 (Sch. IV,
item 44), c.
42, s. 34
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(2) The portion of subsection 120.2(3) of
the Act before paragraph (a) is replaced by
the following:
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| Where
reduction of
period of
ineligibility
for parole
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(3) Where, pursuant to section 745.6 of the
Criminal Code or subsection 140.3(2) of the
National Defence Act , there has been a
reduction in the number of years of
imprisonment without eligibility for parole of
an offender referred to in subsection (2), the
offender is not eligible for full parole until the
day on which the offender has served,
commencing on the day on which the
additional sentence was imposed,
|
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| 1995, c. 22, s.
18 (Sch. IV,
item 38), c.
42, s. 34
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114. Section 120.3 of the Act is replaced
by the following:
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| Maximum
period
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120.3 Subject to section 745 of the Criminal
Code and subsection 140.3(1) of the National
Defence Act , where an offender who is serving
a sentence receives an additional sentence, the
day on which the offender is eligible for full
parole shall not be later than the day on which
the offender has served fifteen years from the
day on which the last of the sentences was
imposed.
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| 1995, c. 22, s.
13 (Sch. II,
item 9), c. 42,
s. 35(1)
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115. The portion of subsection 121(1) of
the Act before paragraph (a) is replaced by
the following:
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| Exceptional
cases
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121. (1) Subject to section 102 and
notwithstanding sections 119 to 120.3 or any
order made under section 743.6 of the
Criminal Code or section 140.4 of the
National Defence Act , parole may be granted
at any time to an offender
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| 1995, c. 42, s.
39
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116. Paragraph 125(1)(a) of the Act is
amended by striking out the word ``or'' at
the end of subparagraph (iii) and by
replacing subparagraph (iv) with the
following:
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|
| 1995, c. 42, s.
44(1)
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117. Subsection 129(1) of the Act is
replaced by the following:
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|
| Review of
cases by
service
|
129. (1) Before the statutory release date of
an offender who is serving a sentence of two
years or more that includes a sentence
imposed for an offence set out in Schedule I or
II or an offence set out in Schedule I or II that
is punishable under section 130 of the
National Defence Act , the Commissioner
shall cause the offender's case to be reviewed
by the Service.
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| 1995, c. 42, s.
45(1)
|
118. (1) Paragraphs 130(3)(a) and (b) of
the Act are replaced by the following:
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| 1995, c. 42, s.
45(2)
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(2) Paragraphs 130(4)(a) and (b) of the
Act are replaced by the following:
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