Bill C-71

19. Section 191.1 of the Act is repealed.

20. Section 215 of the Act is renumbered as subsection 215(1) and is amended by adding the following:

21. Section 230 of the Act is amended by striking out “or” at the end of paragraph (f) and by adding the following after paragraph (g):

22. Section 230.1 of the Act is amended by striking out “or” at the end of paragraph (g) and by adding the following after paragraph (h):

23. The Act is amended by adding the following after section 302:

CRIMINAL CODE

24. (1) Paragraph 423.1(1)(b) of the Criminal Code is replaced by the following:

(b) a justice system participant or military justice system participant in order to impede him or her in the performance of his or her duties; or

(2) Paragraph 423.1(2)(a) of the Act is replaced by the following:

(a) using violence against the justice system participant, military justice system participant or journalist, or anyone known to him or her or destroying or causing damage to the property of any of those persons;

(3) Paragraphs 423.1(2)(c) to (e) of the English version of the Act are replaced by the following:

(c) persistently or repeatedly following the justice system participant, military justice system participant or journalist, or anyone known to him or her, including following any of those persons in a disorderly manner on a highway;

(d) repeatedly communicating with, either directly or indirectly, the justice system participant, military justice system participant or journalist, or anyone known to him or her; and

(e) besetting or watching the place where the justice system participant, military justice system participant or journalist, or anyone known to him or her resides, works, attends school, carries on business or happens to be.

(4) Section 423.1 of the Act is amended by adding the following after subsection (3):

RELATED AND COORDINATING AMENDMENTS

25. (1) In this section, “other Act” means the Strengthening Military Justice in the Defence of Canada Act.

(2) On the first day on which both section 62 of the other Act and subsection 3(2) of this Act are in force,

(a) paragraph 203.1(1)(b) of the National Defence Act is replaced by the following:

(b) to protect society and contribute to respect for the law and the maintenance of a just, peaceful and safe society.

(b) paragraph 203.1(2)(c) of the National Defence Act is replaced by the following:

(c) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct;

(c) paragraph 203.1(2)(i) of the National Defence Act is replaced by the following:

(i) to promote a sense of responsibility in offenders and an acknowledgment of the harm done to victims or to the community.

(d) sections 203.6 and 203.7 of the National Defence Act are replaced by the following:

203.6 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council.

(3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by

(a) reading it;

(b) reading it in the presence and close proximity of any support person of the victim’s choice;

(c) subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or

(d) presenting it in any other manner that the court martial considers appropriate.

(4) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning any victim of the offence for the purpose of determining the sentence to be imposed on the offender or whether the offender should be discharged absolutely.

203.7 (1) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1).

(2) On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.

(3) During the presentation

(a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or

(b) if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings.

(4) The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.

(5) In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion.

Military Impact Statement

203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale.

(2) The statement must be prepared by an officer or non-commissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council.

(3) The court martial shall, on the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate.

(4) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.

Community Impact Statement

203.72 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement, made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community.

(2) The statement must be filed in accord­ance with regulations made by the Governor in Council.

(3) The court martial shall, on the request of the individual who made the statement, permit the individual to present the statement by

(a) reading it;

(b) reading it in the presence and close proximity of any support person of the individual’s choice;

(c) subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or

(d) presenting it in any other manner that the court martial considers appropriate.

(4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation.

(5) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender.

(e) the National Defence Act is amended by adding the following before section 203.9:

203.81 (1) A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely shall consider making a restitution order under section 203.9.

(2) As soon as feasible after a finding of guilt and in any event before imposing the sentence or directing that the offender be discharged absolutely, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable.

(3) On application of the prosecutor or on its own motion, the court martial may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice.

(4) Victims and other persons may indicate whether they are seeking restitution by completing a form prescribed in regulations made by the Governor in Council, and, if they are seeking restitution, shall establish, in the same manner, their losses and damages, the amount of which must be readily ascertainable.

(5) If a victim seeks restitution and the court martial does not make a restitution order, it shall include in the court record a statement of its reasons for not doing so.

(f) sections 203.91 and 203.92 of the National Defence Act are replaced by the following:

203.901 The offender’s financial means or ability to pay does not prevent the court martial from making an order under section 203.9.

203.902 In making an order under section 203.9, the court martial shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court martial is of the opinion that the amount should be paid in instalments, in which case the court martial shall set out a periodic payment scheme in the order.

203.903 An order under section 203.9 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid.

203.91 (1) An offender who fails to pay an amount that is ordered to be paid in a restitution order by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order, and the person who was to be paid the amount or to whom the periodic payment was to be paid or made, as the case may be, may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.

(2) All or any part of an amount that is ordered to be paid in a restitution order may be taken out of moneys found in the possession of the offender at the time of their arrest if the court martial making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs.

(g) section 203.93 of the English version of the National Defence Act is replaced by the following:

203.93 A court martial that makes a restitution order shall cause notice of the content of the order, or a copy of the order, to be given to the person to whom the restitution is ordered to be paid.

(3) If section 12 of this Act comes into force before section 34 of the other Act, then that section 34 is repealed.

(4) If section 12 of this Act comes into force on the same day as section 34 of the other Act, then that section 34 is deemed to have come into force before that section 12.

(5) If section 14 of this Act comes into force before section 35 of the other Act, then that section 35 is repealed.

(6) If section 14 of this Act comes into force on the same day as section 35 of the other Act, then that section 35 is deemed to have come into force before that section 14.

(7) If section 14 of this Act comes into force before subsection 36(1) of the other Act, then that subsection 36(1) is repealed.

(8) If section 14 of this Act comes into force on the same day as subsection 36(1) of the other Act, then that subsection 36(1) is deemed to have come into force before that section 14.

(9) If section 14 of this Act comes into force before subsection 36(2) of the other Act, then that subsection 36(2) is repealed.

(10) If section 14 of this Act comes into force on the same day as subsection 36(2) of the other Act, then that subsection 36(2) is deemed to have come into force before that section 14.

(11) If section 14 of this Act comes into force before subsection 36(3) of the other Act, then that subsection 36(3) is repealed.

(12) If section 14 of this Act comes into force on the same day as subsection 36(3) of the other Act, then that subsection 36(3) is deemed to have come into force before that section 14.

(13) If section 14 of this Act comes into force before subsection 36(4) of the other Act, then that subsection 36(4) is repealed.

(14) If section 14 of this Act comes into force on the same day as subsection 36(4) of the other Act, then that subsection 36(4) is deemed to have come into force before that section 14.

(15) On the first day on which both section 62 of the other Act and section 14 of this Act are in force,

(a) the portion of subsection 203.1(2) of the National Defence Act before paragraph (a) is replaced by the following:

(2) The fundamental purposes shall be achieved by imposing just punishments that have one or more of the following objectives:

(b) paragraph 203.3(c) of the National Defence Act is replaced by the following:

(c) an offender should not be deprived of liberty by imprisonment or detention if less restrictive punishments may be appropriate in the circumstances;

(16) On the first day on which both section 16 of this Act and section 50 of the other Act are in force, section 180 of the National Defence Act and the heading before it are replaced by the following:

Admission to Courts Martial and Certain Proceedings Before Military Judges

180. (1) Unless this Act provides otherwise, court martial proceedings, and proceedings before military judges under any of sections 147.6, 148, 158.7, 159, 187, 215.2 and 248.81, shall be public and, to the extent that accommodation permits, the public shall be admitted to the proceedings.

(2) A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial, may, on application of the prosecutor or a witness or on his or her own motion, order that the public be excluded during the whole or any part of the proceedings, if the military judge considers that it is necessary

(a) in the interests of public safety or public morals;

(b) for the maintenance of order or the proper administration of military justice; or

(c) to prevent injury to international relations, national defence or national security.

(3) In determining whether an order under subsection (2) is in the interest of the proper administration of military justice, the military judge shall consider

(a) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process;

(b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings;

(c) the ability of any witness, if the order were not made, to give a full and candid account of the acts complained of;

(d) whether any witness needs the order for their security or to protect them from intimidation or retaliation;

(e) the protection of military justice system participants who are involved in the proceedings;

(f) whether effective alternatives to the making of the order are available in the circumstances;

(g) the salutary and deleterious effects of the order; and

(h) any other factor that the military judge considers relevant.

(4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section.

(5) If an accused person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the accused person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reason for not making an order.

(6) Witnesses are not to be admitted to the proceedings except when under examination or by specific leave of the military judge.

(7) For the purpose of any deliberation, a military judge may cause the place where the proceedings are being held to be cleared.

(17) If section 64 of the other Act comes into force before section 20 of this Act, then that section 20 is replaced by the following:

20. Section 215 of the Act is amended by adding the following after subsection (1):

(1.1) If the service tribunal makes a decision that the carrying into effect of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.

(1.2) The service tribunal shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim.

(18) If section 20 of this Act comes into force before section 64 of the other Act, then that section 64 is amended by adding, after the subsection 215(1) that it enacts, the following:

(1.1) If the service tribunal makes a decision that the carrying into effect of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence.

(1.2) The service tribunal shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim.

(19) If section 64 of the other Act comes into force on the same day as section 20 of this Act, then that section 64 is deemed to have come into force before that section 20, and subsection (17) applies as a consequence.

(20) If section 69 of the other Act comes into force before section 21 of this Act, then that section 21 is replaced by the following:

21. Section 230 of the Act is amended by adding the following after paragraph (i):

(i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);

(21) If section 21 of this Act comes into force before section 69 of the other Act, then that section 69 is replaced by the following:

69. Paragraph 230(h) of the Act is replaced by the following:

(h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;

(i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;

(j) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1);

(k) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25;

(l) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).

(22) If section 69 of the other Act comes into force on the same day as section 21 of this Act, then that section 69 is deemed to have come into force before that section 21, and subsection (20) applies as a consequence.

(23) If section 70 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

22. Section 230.1 of the Act is amended by adding the following after paragraph (j):

(j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);

(24) If section 22 of this Act comes into force before section 70 of the other Act, then that section 70 is replaced by the following:

70. Paragraph 230.1(i) of the Act is replaced by the following:

(i) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2;

(j) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section;

(k) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1);

(l) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25;

(m) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3).

(25) If section 70 of the other Act comes into force on the same day as section 22 of this Act, then that section 70 is deemed to have come into force before that section 22, and subsection (23) applies as a consequence.

26. (1) In this section, “other Act” means the Not Criminally Responsible Reform Act.

(2) On the first day on which both section 25 of the other Act and section 5 of this Act are in force, section 71.04 of the National Defence Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

(b.1) hearings held under section 202.161 to decide whether the accused person is a high-risk accused and the dispositions made at those hearings; and

(3) On the first day on which both section 25 of the other Act and section 18 of this Act are in force,

(a) subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:

“serious personal injury offence” means

(a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving

(i) the use or attempted use of violence against another person, or

(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person, or

(b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence;

(b) subsection 189.1(12) of the National Defence Act is repealed; and

(c) subsection 202.161(5) of the National Defence Act is repealed.

27. (1) The following definitions apply in this section.

“first Act” means the Strengthening Military Justice in the Defence of Canada Act, chapter 24 of the Statutes of Canada, 2013.

“second Act” means the Not Criminally Responsible Reform Act, chapter 6 of the Statutes of Canada, 2014.

(2) If both section 59 of the first Act and section 26 of the second Act come into force before subsection 3(2) of this Act, then, on the day on which that subsection 3(2) comes into force,

(a) subsection 202.201(16) of the National Defence Act is replaced by the following:

(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(b) subsection 202.201(23) of the National Defence Act is repealed; and

(c) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed.

(3) If section 59 of the first Act comes into force before subsection 3(2) of this Act and that subsection 3(2) comes into force before section 26 of the second Act, then,

(a) on the day on which that subsection 3(2) comes into force,

(i) subsection 202.201(15) of the National Defence Act is replaced by the following:

(15) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(ii) subsection 202.201(22) of the National Defence Act is repealed, and

(iii) section 203 of the National Defence Act and the heading “Interpretation” before it are repealed; and

(b) on the day on which that section 26 comes into force,

(i) subsection 202.201(16) of the National Defence Act is replaced by the following:

(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(ii) subsection 202.201(23) of the National Defence Act is repealed.

(4) If section 59 of the first Act comes into force on a day that is before the day on which subsection 3(2) of this Act comes into force and that subsection 3(2) comes into force on the same day as section 26 of the second Act, then that section 26 is deemed to have come into force before that subsection 3(2), and subsection (2) applies as a consequence.

(5) If section 59 of the first Act comes into force on the same day as subsection 3(2) of this Act and section 26 of the second Act is not in force on that day, then that section 59 is deemed to have come into force before that subsection 3(2), and subsection (3) applies as a consequence.

(6) If section 26 of the second Act comes into force before subsection 3(2) of this Act and that subsection 3(2) comes into force before section 59 of the first Act, then, on the day on which that subsection 3(2) comes into force,

(a) subsection 202.201(16) of the National Defence Act is replaced by the following:

(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(b) subsection 202.201(23) of the National Defence Act is repealed;

(c) section 59 of the first Act is repealed; and

(d) section 62 of the first Act is amended by repealing the section 203 that it enacts and the heading “Interpretation” before that section 203.

(7) If section 26 of the second Act comes into force on a day that is before the day on which subsection 3(2) of this Act comes into force and that subsection 3(2) comes into force on the same day as section 59 of the first Act, then that section 59 is deemed to have come into force before that subsection 3(2), and subsection (2) applies as a consequence.

(8) If section 26 of the second Act comes into force on the same day as subsection 3(2) of this Act and section 59 of the first Act is not in force on that day, then that section 26 is deemed to have come into force before that subsection 3(2), and subsection (6) applies as a consequence.

(9) If subsection 3(2) of this Act comes into force before section 59 of the first Act and that section 59 comes into force before section 26 of the second Act, then

(a) on the day on which that section 59 comes into force,

(i) subsection 202.201(15) of the National Defence Act is replaced by the following:

(15) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(ii) subsection 202.201(22) of the National Defence Act is repealed, and

(iii) section 203 of the National Defence Act and the heading before it are repealed; and

(b) on the day on which that section 26 comes into force,

(i) subsection 202.201(16) of the National Defence Act is replaced by the following:

(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(ii) subsection 202.201(23) of the National Defence Act is repealed.

(10) If subsection 3(2) of this Act comes into force before section 26 of the second Act and that section 26 comes into force before section 59 of the first Act, then, on the day on which that section 26 comes into force,

(a) subsection 202.201(16) of the National Defence Act is replaced by the following:

(16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim.

(b) subsection 202.201(23) of the National Defence Act is repealed;

(c) section 59 of the first Act, as enacted by subsection 32(3) of the second Act, is repealed; and

(d) section 62 of the first Act is amended by repealing the section 203 that it enacts and the heading “Interpretation” before that section 203.

(11) If subsection 3(2) of this Act comes into force on a day that is before the day on which section 59 of the first Act comes into force and that section 59 comes into force on the same day as section 26 of the second Act, then that section 26 is deemed to have come into force before that section 59, and subsection (10) applies as a consequence.

(12) If subsection 3(2) of this Act, section 59 of the first Act and section 26 of the second Act all come into force on the same day, then those sections 59 and 26 are deemed to have come into force before that subsection 3(2), and subsection (2) applies as a consequence.

(13) If section 59 of the first Act is not in force on the first day on which both subsection 3(2) of this Act and section 26 of the second Act are in force, then the definition “victim” in subsection 2(1) of the National Defence Act is replaced by the following:

“victim” means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and section 202.201, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person.

(14) On the first day on which both subsection 3(2) of this Act and section 59 of the first Act are in force, the definition “victim” in subsection 2(1) of the National Defence Act is replaced by the following:

“victim” means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person.

(15) If both section 59 of the first Act and section 26 of the second Act are not in force on the first day on which both subsection 3(3) and section 18 of this Act are in force, then

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of section 189.1:

(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of section 189.1 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(16) If both section 18 of this Act and section 59 of the first Act are not in force on the first day on which both subsection 3(3) of this Act and section 26 of the second Act are in force, then

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of section 202.201:

(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of section 202.201 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(17) On the first day on which any of the circumstances set out in subsection (18) exist,

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201:

(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(18) For the purposes of subsection (17), the circumstances are the following:

(a) section 18 of this Act and section 26 of the second Act come into force on the same day and that day is after the day on which subsection 3(3) of this Act came into force and before the day on which section 59 of the first Act comes into force;

(b) section 18 of this Act and section 26 of the second Act came into force on the same day and subsection 3(3) of this Act comes into force after that day and before the day on which section 59 of the first Act comes into force;

(c) subsection 3(3) and section 18 of this Act and section 26 of the second Act all come into force on the same day and section 59 of the first Act is not in force on that day;

(d) subsection 3(3) of this Act and section 26 of the second Act come into force on the same day and that day is after the day on which section 18 of this Act came into force and before the day on which section 59 of the first Act comes into force;

(e) subsection 3(3) and section 18 of this Act come into force on the same day and that day is after the day on which section 26 of the second Act came into force and before the day on which section 59 of the first Act comes into force;

(f) section 26 of the second Act came into force before section 18 of this Act, that section 18 came into force before subsection 3(3) of this Act and that subsection 3(3) comes into force before section 59 of the first Act;

(g) section 18 of this Act came into force before section 26 of the second Act, that section 26 came into force before subsection 3(3) of this Act and that subsection 3(3) comes into force before section 59 of the first Act.

(19) On the first day on which any of the circumstances set out in subsection (20) exist,

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 202.201, 203.6, 203.7 and 203.81:

(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(20) For the purposes of subsection (19), the circumstances are the following:

(a) section 59 of the first Act and subsection 3(3) of this Act are both in force and neither section 18 of this Act nor section 26 of the second Act are in force;

(b) section 59 of the first Act and section 26 of the second Act come into force on the same day and that day is after the day on which subsection 3(3) of this Act came into force and before the day on which section 18 of this Act comes into force;

(c) section 59 of the first Act and section 26 of the second Act came into force on the same day and subsection 3(3) of this Act comes into force after that day and before the day on which section 18 of this Act comes into force;

(d) subsection 3(3) of this Act, section 59 of the first Act and section 26 of the second Act all come into force on the same day and section 18 of this Act is not in force on that day.

(21) On the first day on which subsection 3(3) and section 18 of this Act, section 59 of the first Act and section 26 of the second Act are all in force,

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:

(b) section 2 of the National Defence Act is amended by adding the following after subsection (1.2):

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(22) On the first day on which any of the circumstances set out in subsection (23) exist,

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1 and 202.201:

(b) subsection 2(1.3) of the National Defence Act is replaced by the following:

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1 and 202.201 if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(23) For the purposes of subsection (22), the circumstances are the following:

(a) subsection (15) has produced its effects and section 26 of the second Act comes into force before section 59 of the first Act;

(b) subsection (16) has produced its effects and section 18 of this Act comes into force before section 59 of the first Act.

(24) If, after subsection (16) has produced its effects, section 59 of the first Act comes into force before section 18 of this Act, then

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 202.201, 203.6, 203.7 and 203.81:

(b) subsection 2(1.3) of the National Defence Act is replaced by the following:

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(25) On the first day on which any of the circumstances set out in subsection (26) exist,

(a) the portion of subsection 2(1.1) of the National Defence Act before paragraph (a) is replaced by the following:

(1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81:

(b) subsection 2(1.3) of the National Defence Act is replaced by the following:

(1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence.

(26) For the purposes of subsection (25), the circumstances are the following:

(a) subsection (15) has produced its effects and section 59 of the first Act is in force;

(b) section 18 of this Act and section 59 of the first Act come into force on the same day and that day is after the day on which subsection (16) has produced its effects;

(c) subsection (17) has produced its effects and section 59 of the first Act is in force;

(d) subsection (19) has produced its effects and section 18 of this Act is in force;

(e) subsection (22) has produced its effects and section 59 of the first Act is in force.

28. (1) In this section, “other Act” means the Victims Bill of Rights Act.

(2) On the first day on which both section 2 of the other Act and section 5 of this Act are in force,

(a) subsection 71.19(2) of the National Defence Act is replaced by the following:

(2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act, the Privacy Act and the Canadian Victims Bill of Rights and in respect of any orders, rules and regulations made under any of those Acts.

(b) subsection 22(2) of the Canadian Victims Bill of Rights is replaced by the following:

(2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Official Languages Act, the Access to Information Act and the Privacy Act and in respect of orders, rules and regulations made under any of those Acts. It also does not apply in respect of Division 1.1 of Part III of the National Defence Act and in respect of any orders, rules and regulations made under that Act to the extent that they apply in relation to that Division.

(3) If section 12 of the other Act comes into force before section 24 of this Act, then subsections 24(2) and (3) of this Act are repealed.

(4) If section 12 of the other Act comes into force on the same day as section 24 of this Act, then that section 24 is deemed to have come into force before that section 12.

TRANSITIONAL PROVISION

29. Paragraphs 203.1(1)(b) and 203.1(2)(c) and (i) of the National Defence Act, as enacted, respectively, by paragraphs 25(2)(a), (b) and (c), apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which those paragraphs 25(2)(a), (b) and (c) produce their effects.

COMING INTO FORCE

30. The provisions of this Act, other than sections 25 to 29, come into force on a day or days to be fixed by order of the Governor in Council.