1st Session, 36th Parliament,
46-47 Elizabeth II, 1997-98

The House of Commons of Canada

BILL C-376

An Act to amend the National Defence Act and to make related amendments to other Acts (Department of Defence)

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

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

NATIONAL DEFENCE ACT

1. The definitions ``Department'', ``Deputy Minister'' and ``Minister'' in section 2 of the National Defence Act are replaced by the following:

``Depart-
ment''
« ministère »

``Department'' means the Department of Defence;

``Deputy Minister''
« sous-
ministre »

``Deputy Minister'' means the Deputy Minister of Defence;

``Minister''
« ministre »

``Minister'' means the Minister of Defence;

2. The headings before section 3 and section 3 of the Act are replaced by the following:

PART I

DEPARTMENT OF DEFENCE

Continuation of the Department

Department continued

3. The Department of National Defence is hereby continued under the name of the Department of Defence over which the Minister of Defence, appointed by commission under the Great Seal, shall preside.

3. Sections 6 to 8 of the Act are replaced by the following:

Associate Minister

6. The Governor General may, by commission under the Great Seal, appoint an Associate Minister of Defence to hold office during pleasure and to exercise and perform such powers, duties and functions of the Minister as may be assigned to the Associate Minister by the Governor in Council.

Appointment

7. There shall be a Deputy Minister of Defence who shall be appointed by the Governor in Council to hold office during pleasure.

Associate Deputy Ministers

8. The Governor in Council may appoint not more than three Associate Deputy Ministers of Defence, each of whom shall have the rank and status of a deputy head of a department and as such shall, under the Minister and the Deputy Minister, exercise and perform such powers, duties and functions as deputy of the Minister and otherwise as the Minister may specify.

4. Paragraph 202.26(e) of the Act is replaced by the following:

    (e) the references in subsections 672.8(1) and (2) of the Criminal Code to the Attorney General are deemed to be references to the Minister of Defence; and

5. In any order, regulation or other instrument made under this Act

    (a) a reference to the Department of National Defence shall, unless the context otherwise requires, be read as a reference to the Department of Defence;

    (b) a reference to the Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Minister of Defence;

    (c) a reference to the Deputy Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Deputy Minister of Defence;

    (d) a reference to the Associate Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Associate Minister of Defence; and

    (e) a reference to an Associate Deputy Minister of National Defence shall, unless the context otherwise requires, be read as a reference to an Associate Deputy Minister of Defence.

OTHER ACTS OF PARLIAMENT

References

6. In any other Act of Parliament or in any order, regulation or other instrument made under any other Act of Parliament

    (a) a reference to the Department of National Defence shall, unless the context otherwise requires, be read a reference to the Department of Defence;

    (b) a reference to the Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Minister of Defence;

    (c) a reference to the Deputy Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Deputy Minister of Defence;

    (d) a reference to the Associate Minister of National Defence shall, unless the context otherwise requires, be read as a reference to the Associate Minister of Defence; and

    (e) a reference to an Associate Deputy Minister of National Defence shall, unless the context otherwise requires, be read as a reference to an Associate Deputy Minister of Defence.