Public Service

Public service

273.6 (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service.

Law enforcement assistance

(2) The Governor in Council, or the Minister on the request of the Solicitor General of Canada or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that

    (a) the assistance is in the national interest; and

    (b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces.

Exception

(3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support.

Restriction

(4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council.

88. Part XI of the Act is renumbered as Part VI.

89. Part XII of the Act is renumbered as Part VII.

90. Section 302 of the Act 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 five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person

    (a) on being duly summoned as a witness under Part II, III or IV makes default in attending;

    (b) being in attendance as a witness in any proceeding under Part II, III or IV,

      (i) refuses to take an oath or make a solemn affirmation legally required of that person,

      (ii) refuses to produce any document or thing under that person's control and required to be produced by that person, or

      (iii) refuses to answer any question that requires an answer;

    (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance;

    (d) prints observations or uses words likely to influence improperly a board of inquiry, the Grievance Board, an Inquiry Committee established for the purpose of subsection 165.1(2) or 165.21(2), a service tribunal, a commissioner taking evidence under this Act or the Military Police Complaints Commission or any witness at any proceeding under Part II, III or IV, or to bring a proceeding under any of those Parts into disrepute; or

    (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV.

91. The portion of items 5 to 11 of the schedule to the French version of the Act in column II are replaced by the following:

Article Colonne II

5. Capitaine de vaisseau
6. Capitaine de frégate
7. Capitaine de corvette
8. Lieutenant de vaisseau
9. Enseigne de vaisseau de 1re classe
10. Enseigne de vaisseau de 2e classe
11. Aspirant de marine

References to ``this Part''

92. The Act is amended by replacing the words ``this Part'' with the words ``this Division'' in the following provisions:

    (a) the portion of subsection 130(1) after paragraph (b);

    (b) subsection 132(1);

    (c) subsection 141(1);

    (d) subsection 154(2);

    (e) the portion of section 197 before the definition ``appropriate province'';

    (f) subsection 202.17(3);

    (g) subsection 202.18(2);

    (h) subsection 202.24(1);

    (i) subsection 226(2);

    (j) section 228;

    (k) subsection 232(1);

    (l) subsection 232(3);

    (m) subsection 234(1);

    (n) section 241;

    (o) sections 248.6 and 248.7;

    (p) paragraph 248.9(1)(a); and

    (q) subsection 248.9(2).

Change to headings

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.

Change to heading

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.

Change to heading

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.

Review and report

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.

TRANSITIONAL PROVISIONS

Definitions

97. The definitions in this section apply in sections 98 to 100.

``former Code of Service Discipline''
« ancien code »

``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.

``new Code of Service Discipline''
« nouveau code »

``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.

Continuing liability

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.

Proceedings

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.

Courts martial

(2) For the purposes of subsection (1), court martial proceedings are deemed to be commenced when the court martial is convened.

Judge advocate of court martial

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.

Members of court martial

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.

Military judges

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.

Chief Military Judge

(2) The officer who holds office as the Chief Military Trial Judge immediately before this section comes into force is the Chief Military Judge.

Grievances

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.

Part IV

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.

Transitional regulations

105. The Governor in Council may make regulations providing for any other transitional matters.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1

Access to Information Act

106. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

Canadian Forces Grievance Board

    Comité des griefs des Forces canadiennes

Military Police Complaints Commission

    Commission d'examen des plaintes concer nant la police militaire

R.S., c. C-17

Canadian Forces Superannuation Act

107. The definition ``pay'' in subsection 2(1) of the Canadian Forces Superannuation Act is replaced by the following:

``pay''
« solde »

``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;

1992, c. 20

Corrections and Conditional Release Act

1995, c. 22, s. 13 (Sch. II, item 2)

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:

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

1995, c. 22, s. 13 (Sch. II, item 3)

109. The portion of subsection 18(2) of the Act before paragraph (a) is replaced by the following:

Work releases may be authorized

(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,

110. The portion of subsection 107(1) of the Act before paragraph (a) is replaced by the following:

Jurisdiction of Board

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

1995, c. 22, s. 13 (Sch. II, item 6)

111. (1) The portion of subsection 119(1) of the Act before paragraph (a) is replaced by the following:

Time when eligible for day parole

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

1997, c. 17, par. 20(4)(a)

(2) Subsection 119(1.1) of the Act is replaced by the following:

Time when eligible for day parole

(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).

1997, c. 17, s. 20(4)(b)

(3) The portion of subsection 119(1.2) of the Act before paragraph (a) is replaced by the following:

When eligible for day parole - young offender sentenced to life imprison-
ment

(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

1995, c. 22, s. 13 (Sch. II, item 7), c. 42, s. 34

112. Section 120 of the Act is replaced by the following:

Time when eligible for full parole

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.

Life sentence

(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.

1995, c. 42, s. 34; 1997, c. 17, s. 23(2)(F)

113. (1) Subparagraph 120.2(1)(b)(i) of the Act is replaced by the following:

      (i) the period of ineligibility in relation to any portion of the sentence that includes the additional sentence as provided by subsection 139(1) and that is subject to an order under section 743.6 of the Criminal Code or section 140.4 of the National Defence Act, and

1995, c. 22, s. 18 (Sch. IV, item 44), c. 42, s. 34

(2) The portion of subsection 120.2(3) of the Act before paragraph (a) is replaced by the following:

Where reduction of period of ineligibility for parole

(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,