Bill C-7

COORDINATING AMENDMENTS

126. (1) In this section, “other Act” means An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, chapter 25 of the Statutes of Canada, 2005.

(2) On the later of the day on which section 24 of the other Act comes into force and the day on which subsection 57(1) of this Act comes into force — or, if those days are the same day, then on that day — paragraph 196.14(1)(b) of the National Defence Act is replaced by the following:

(b) may, in the case of a primary designated offence in respect of which a finding of not responsible on account of mental disorder has been rendered or in the case of a secondary designated offence, on application by the prosecutor, make an order in the prescribed form authorizing the taking of such samples if the court martial is satisfied that it is in the best interests of the administration of military justice to do so.

(3) On the later of the day on which section 24 of the other Act comes into force and the day on which subsection 57(2) of this Act comes into force — or, if those days are the same day, then on that day — subsection 196.14(2) of the National Defence Act is replaced by the following:

(2) The court martial is not required to make an order under paragraph (1)(a) in the case of an offence referred to in paragraph (a) or (b) of the definition “primary designated offence” in section 196.11 if it is satisfied that the person has established that, were the order made, the impact on the privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of military justice, to be achieved through the early detection, arrest and conviction of offenders.

(4) On the later of the day on which section 25 of the other Act comes into force and the day on which section 58 of this Act comes into force — or, if those days are the same day, then on that day — subsection 196.15(1) of the National Defence Act is replaced by the following:

196.15 (1) If a person is found guilty of, or not responsible on account of mental disorder for, a designated offence committed before June 30, 2000, the court martial may, on application by the prosecutor, make an order in the prescribed form authorizing the taking from that person, for the purpose of forensic DNA analysis, of any number of samples of bodily substances that is reasonably required for that purpose, if the court martial is satisfied that it is in the best interests of the administration of military justice to do so.

127. (1) Subsections (2) to (14) apply if Bill S-3, introduced in the 1st session of the 39th Parliament and entitled An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (referred to in this section as the “other Act”), receives royal assent.

(2) On the later of the day on which section 1 of the other Act comes into force and the day on which section 3 of this Act comes into force — or, if those days are the same day, then on that day —

(a) the definition “Provost Marshal” in subsection 2(1) of the National Defence Act is repealed;

(b) the French version of the National Defence Act is amended by replacing the word “prévôt” with the words “grand prévôt” wherever it occurs in the following provisions:

(i) subsection 227.04(3),

(ii) subparagraph 227.05(1)(d)(iii),

(iii) subsection 227.07(1),

(iv) subsection 227.08(4),

(v) section 227.11,

(vi) subsection 227.13(3),

(vii) subsections 227.15(4) and (5),

(viii) subsection 227.16(3),

(ix) subsections 227.18(1) and (2),

(x) subsections 227.19(1) and (2),

(xi) section 227.21, and

(xii) subsection 240.5(3);

(c) the French version of the Criminal Code is amended by replacing the word “prévôt” with the words “grand prévôt” in the following provisions:

(i) section 5 of Form 52 in Part XXVIII, and

(ii) section 5 of Form 53 in Part XXVIII; and

(d) the French version of the Sex Offender Information Registration Act is amended by replacing the word “prévôt” with the words “grand prévôt” in the following provisions:

(i) subsections 8.2(1) to (7), and

(ii) subsection 12(2).

(3) On the later of the day on which section 4 of the other Act comes into force and the day on which section 65 of this Act comes into force — or, if those days are the same day, then on that day — the heading “Division 8.1” before section 227 of the National Defence Act is replaced by the following:

Division 8.2

(4) If section 71 of this Act comes into force before section 4 of the other Act, the portion of section 4 of the other Act before the heading “Division 8.1” is replaced by the following:

4. The Act is amended by adding the following after section 226.2:

(5) If section 71 of this Act comes into force on the same day as section 4 of the other Act, then section 4 of the other Act is deemed to have come into force before section 71 of this Act.

(6) If section 72 of this Act comes into force before section 5 of the other Act, section 5 of the other Act is replaced by the following:

5. Section 230 of the Act is amended by striking out the word “or” at the end of paragraph (i), by adding the word “or” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) the legality of a decision made under section 227.01.

(7) If section 5 of the other Act comes into force before section 72 of this Act, section 72 of this Act is replaced by the following:

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

(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 severity 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 or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.91 or the legality of an order made under section 249.25; or

(k) 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 conditions imposed under subsection 215(3).

(8) If section 72 of this Act comes into force on the same day as section 5 of the other Act, then section 72 of this Act is deemed to have come into force before section 5 of the other Act and subsection (6) applies.

(9) If section 73 of this Act comes into force before section 6 of the other Act, section 6 of the other Act is replaced by the following:

6. Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (j), by adding the word “or” at the end of paragraph (k) and by adding the following after paragraph (k):

(l) the legality of a decision made under section 227.01.

(10) If section 6 of the other Act comes into force before section 73 of this Act, section 73 of this Act is replaced by the following:

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

(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 severity 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 or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.91 or the legality of an order made under section 249.25; or

(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 conditions imposed under subsection 215(3).

(11) If section 73 of this Act comes into force on the same day as section 6 of the other Act, then section 73 of this Act is deemed to have come into force before section 6 of the other Act and subsection (9) applies.

(12) If section 79 of this Act comes into force before section 10 of the other Act, section 10 of the other Act is repealed.

(13) If section 10 of the other Act comes into force before section 79 of this Act, section 79 of this Act is replaced by the following:

79. The definition “military police” in section 250 of the Act is repealed.

(14) If section 79 of this Act comes into force on the same day as section 10 of the other Act, then section 79 of this Act is deemed to have come into force before section 10 of the other Act and subsection (12) applies.

COMING INTO FORCE

128. The provisions of this Act, other than sections 126 and 127, come into force on a day or days to be fixed by order of the Governor in Council.