C-16 1 41 60 Elizabeth II 2011

An Act to amend the National Defence Act (military judges)

Security of Tenure of Military Judges Act

National Defence (military judges) 2011 11 29 22 2011 90624

SUMMARY

This enactment amends the provisions of the National Defence Act that deal with the tenure of 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

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

(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.