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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-25 |
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An Act to amend the National Defence Act
and to make consequential amendments
to other Acts
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R.S., c. N-5;
R.S., cc. 27,
31, 41 (1st
Supp.), c. 34
(3rd Supp.),
cc. 6, 22 (4th
Supp.); 1990,
c. 14; 1991, c.
43; 1992, cc.
16, 20; 1993,
c. 34; 1995,
cc. 11, 39;
1996, c. 19;
1997, c. 18
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NATIONAL DEFENCE ACT |
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1. (1) The definitions ``Code of Service
Discipline'', ``materiel'' and ``service
convict'' in section 2 of the National Defence
Act are replaced by the following:
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``Code of
Service
Discipline'' « code de discipline militaire »
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``Code of Service Discipline'' means the
provisions of Part III;
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``materiel'' « matériels »
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``materiel'' means all public property, other
than real property, immovables and money,
provided for the Canadian Forces or for any
other purpose under this Act, and includes
any vessel, vehicle, aircraft, animal,
missile, arms, ammunition, clothing,
stores, provisions or equipment so
provided;
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``service
convict'' « condamné militaire »
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``service convict'' means a person who is
under a sentence that includes a punishment
of imprisonment for life or for two years or
more imposed on that person pursuant to the
Code of Service Discipline;
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(2) Paragraphs (b) and (c) of the
definition ``penitentiary'' in section 2 of the
Act are replaced by the following:
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(3) The portion of the definition
``possession'' in section 2 of the Act before
paragraph (a) is replaced by the following:
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``possession'' « possession »
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``possession'' by any person, for the purposes
of the Code of Service Discipline and Part
VII, includes
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(4) Section 2 of the Act is amended by
adding the following in alphabetical order:
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``criminal
organization'' « gang »
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``criminal organization'' means any group,
association or other body consisting of five
or more persons, whether formally or
informally organized,
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``criminal
organization
offence'' « acte de gangsté- risme »
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``criminal organization offence'' means
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``Grievance
Board'' « Comité des griefs »
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``Grievance Board'' means the Canadian
Forces Grievance Board established by
subsection 29.16(1);
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``military
judge'' « juge militaire »
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``military judge'' means a military judge
appointed under subsection 165.21(1);
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1995, c. 39,
s. 175(3)
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(5) The portion of subsection 2(2) of the
Act before paragraph (a), as enacted by
subsection 175(3) of the Firearms Act, being
chapter 39 of the Statutes of Canada, 1995,
is replaced by the following:
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Meaning of
``possession''
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(2) For the purposes of the Code of Service
Discipline and Part VII,
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2. Sections 9 and 10 of the Act are
replaced by the following:
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Appointment
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9. (1) The Governor in Council may appoint
an officer who is a barrister or advocate with
at least ten years standing at the bar of a
province to be the Judge Advocate General of
the Canadian Forces.
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Tenure of
office
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(2) The Judge Advocate General holds
office during pleasure for a term not
exceeding four years.
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Re- appointment
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(3) The Judge Advocate General is eligible
to be re-appointed on the expiry of a first or
subsequent term of office.
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Legal adviser
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9.1 The Judge Advocate General acts as
legal adviser to the Governor General, the
Minister, the Department and the Canadian
Forces in matters relating to military law.
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Superin- tendence of military justice
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9.2 (1) The Judge Advocate General has the
superintendence of the administration of
military justice in the Canadian Forces.
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Regular
reviews
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(2) The Judge Advocate General shall
conduct, or cause to be conducted, regular
reviews of the administration of military
justice.
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Responsible
to Minister
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9.3 (1) The Judge Advocate General is
responsible to the Minister in the performance
of the Judge Advocate General's duties and
functions.
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Annual report
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(2) The Judge Advocate General shall
report annually to the Minister on the
administration of military justice in the
Canadian Forces.
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Tabling in
Parliament
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(3) The Minister shall have a copy of the
report laid before each House of Parliament on
any of the first fifteen days on which that
House is sitting after the Minister receives it.
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Rank
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9.4 The Judge Advocate General holds a
rank that is not less than brigadier-general.
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Authority to
act for Judge
Advocate
General
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10. The powers of the Judge Advocate
General may be exercised, and the duties and
functions of the Judge Advocate General may
be performed, by any other officer who has the
qualifications set out in subsection 9(1) that
the Minister may authorize to act for the Judge
Advocate General for that purpose.
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Non- derogation
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10.1 For greater certainty, section 9.1 is not
in derogation of the authority of the Minister
of Justice and Attorney General of Canada
under the Department of Justice Act.
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3. Section 11 of the Act is replaced by the
following:
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Delivery of
materiel for
sale or
disposal
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11. The Governor in Council may authorize
the Minister to deliver to any department or
agency of the Government of Canada, for sale
or disposal to any countries or international
welfare organizations and on any terms that
the Governor in Council may determine, any
materiel that has not been declared surplus and
is not immediately required for the use of the
Canadian Forces or for any other purpose
under this Act.
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R.S., c. 31 (1st
Supp.), s. 60
(Sch. I, s. 2)
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4. Subsection 12(3) of the Act is replaced
by the following:
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Treasury
Board's power
to make
regulations
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(3) The Treasury Board may make
regulations
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5. The Act is amended by adding the
following after section 13:
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Military
Police
Professional
Code of
Conduct
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13.1 The Governor in Council may make
regulations, to be known as the Military
Police Professional Code of Conduct, to
govern the conduct of members of the military
police.
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6. The Act is amended by adding the
following after section 18:
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Vice Chief of
the Defence
Staff
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18.1 There shall be an officer appointed by
the Chief of the Defence Staff to be the Vice
Chief of the Defence Staff.
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Absence or
incapacity of
Chief of the
Defence Staff
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18.2 In the event of the absence or
incapacity of the Chief of the Defence Staff,
the Vice Chief of the Defence Staff, or any
other officer that is specified by the Minister
or the Chief of the Defence Staff, has the
control and administration of the Canadian
Forces.
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R.S., c. 31 (1st
Supp.), s. 43
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7. Section 29 of the Act and the heading
before it are replaced by the following:
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Grievances |
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Right to
grieve
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29. (1) An officer or non-commissioned
member who has been aggrieved by any
decision, act or omission in the administration
of the affairs of the Canadian Forces for which
no other process for redress is provided under
this Act is entitled to submit a grievance.
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Exceptions
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(2) There is no right to grieve in respect of
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Manner and
conditions
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(3) A grievance must be submitted in the
manner and in accordance with the conditions
prescribed in regulations made by the
Governor in Council.
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No penalty for
grievance
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(4) An officer or non-commissioned
member may not be penalized for exercising
the right to submit a grievance.
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Correction of
error
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(5) Notwithstanding subsection (4), any
error discovered as a result of an investigation
of a grievance may be corrected, even if
correction of the error would have an adverse
effect on the officer or non-commissioned
member.
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Authorities
for determina- tion of grievances
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29.1 (1) The initial authority and
subsequent authorities who may consider and
determine grievances are the authorities
designated in regulations made by the
Governor in Council.
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Different
authorities
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(2) The regulations may provide that
different types of grievances may be
considered and determined by different
authorities.
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Final
authority
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29.11 The Chief of the Defence Staff is the
final authority in the grievance process.
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Referral to
Grievance
Board
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29.12 (1) The Chief of the Defence Staff
shall refer every grievance that is of a type
prescribed in regulations made by the
Governor in Council to the Grievance Board
for its findings and recommendations before
the Chief of the Defence Staff considers and
determines the grievance. The Chief of the
Defence Staff may refer any other grievance
to the Grievance Board.
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Material to be
provided to
Board
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(2) When referring a grievance to the
Grievance Board, the Chief of the Defence
Staff shall provide the Grievance Board with
a copy of
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Chief of the
Defence Staff
not bound
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29.13 (1) The Chief of the Defence Staff is
not bound by any finding or recommendation
of the Grievance Board.
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Reasons
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(2) If the Chief of the Defence Staff does not
act on a finding or recommendation of the
Grievance Board, the Chief of the Defence
Staff shall include the reasons for not having
done so in the decision respecting the
disposition of the grievance.
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Delegation
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29.14 The Chief of the Defence Staff may
delegate to any officer any of the Chief of the
Defence Staff's powers, duties or functions as
final authority in the grievance process,
except
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Decision is
final
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29.15 A decision of a final authority in the
grievance process is final and binding and,
except for judicial review under the Federal
Court Act, is not subject to appeal or to review
by any court.
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