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Her Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
to amend the National Defence Act (remuneration of military judges)''.
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This enactment amends the National Defence Act to allow for the
regulations made by the Treasury Board prescribing the rates and
conditions of military judges' pay to have retroactive effect. It also
clarifies that DNA warrants are issued only under section 196.12 of that
Act and makes several other minor amendments to provide consistency
between the English and French versions.
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Clause 1: New.
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Clause 2: The relevant portion of the definition
``designated offence'' in section 153 reads as follows:
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``designated offence'' means''
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(d) an offence under this Act that is a criminal organization
offence; or
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Clause 3: Subsection 165.22(1) reads as follows:
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165.22 (1) The rates and conditions of issue of pay of military judges
shall be prescribed by the Treasury Board in regulations.
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Clause 4: Subsection 196.13(1) reads as follows:
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196.13 (1) If a peace officer believes that it would be impracticable
to appear personally before a military judge to apply for a warrant, the
peace officer may submit an information on oath to the judge by
telephone or other means of telecommunication.
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Clause 5: Subsection 196.17(1) reads as follows:
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196.17 (1) Samples of bodily substances referred to in sections
196.14 and 196.15 shall be taken at the time the person is found guilty
or as soon as is feasible afterwards, even though an appeal may have
been taken.
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Clause 6: The relevant portion of subsection
196.18(1) reads as follows:
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196.18 (1) A peace officer who is authorized to take samples of
bodily substances, or to direct another person to take them, in execution
of a warrant under section 196.12 or 196.13, an order under section
196.14 or 196.15 or an authorization under section 196.24 shall, as soon
as is feasible after the samples have been taken, make a written report
in the prescribed form and cause the report to be filed with
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Clause 7: Section 196.19 reads as follows:
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196.19 No peace officer or person acting under a peace officer's
direction incurs any disciplinary, criminal or civil liability for anything
necessarily done with reasonable care and skill in the taking of samples
of bodily substances in execution of a warrant under section 196.12 or
196.13, an order under section 196.14 or 196.15 or an authorization
under section 196.24.
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Clause 8: The relevant portion of subsection 196.2(1)
reads as follows:
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196.2 (1) A peace officer or person acting under a peace officer's
direction is authorized to take samples of bodily substances by a warrant
under section 196.12 or 196.13, an order under section 196.14 or
196.15 or an authorization under section 196.24 by any of the following
means:
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Clause 9: The relevant portion of subsection
196.21(1) reads as follows:
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196.21 (1) Before taking samples of bodily substances, or directing
them to be taken, in execution of a warrant under section 196.12 or
196.13, an order under section 196.14 or 196.15 or an authorization
under section 196.24, a peace officer shall inform the person from
whom the samples are to be taken of
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Clause 10: Subsection 249.21(1) reads as follows:
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249.21 (1) The Director of Defence Counsel Services may be
assisted by persons who are barristers or advocates with standing at the
bar of a province.
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Clause 11: Subsection 273.63(1) reads as follows:
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273.63 (1) The Governor in Council may appoint a supernumerary
judge or a retired judge of a superior court as Commissioner of the
Communications Security Establishment to hold office, during good
behaviour, for a term of not more than five years.
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