Bill C-16
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1st Session, 41st Parliament,
60 Elizabeth II, 2011
house of commons of canada
BILL C-16
An Act to amend the National Defence Act (military judges)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Security of Tenure of Military Judges Act.
R.S., c. N-5
NATIONAL DEFENCE ACT
1998, c. 35, s. 42
2. (1) Subsection 165.21(2) of the National Defence Act is replaced by the following:
Removal for cause
(2) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.
1998, c. 35, s. 42
(2) Subsections 165.21(3) and (4) of the Act are replaced by the following:
Ceasing to hold office
(3) A military judge ceases to hold office on being released at his or her request from the Canadian Forces or on attaining the age of 60 years.
Resignation
(4) A military judge may resign from office by giving notice in writing to the Minister. The resignation takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice.
Published under authority of the Speaker of the House of Commons
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Available from:
Publishing and Depository Services
Public Works and Government Services Canada
Explanatory Notes
National Defence Act
Clause 2: (1) Existing text of subsection 165.21(2):
(2) A military judge holds office during good behaviour for a term of five years but may be removed by the Governor in Council for cause on the recommendation of an Inquiry Committee established under regulations made by the Governor in Council.
(2) Existing text of subsections 165.21(3) and (4):
(3) A military judge is eligible to be re-appointed on the expiry of a first or subsequent term of office on the recommendation of a Renewal Committee established under regulations made by the Governor in Council.
(4) A military judge ceases to hold office on reaching the retirement age prescribed by the Governor in Council in regulations.