An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)
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Assented to 2007-03-29
R.S., c. N-5NATIONAL DEFENCE ACT
5. Section 230 of the Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the legality of a decision made under section 227.01.
6. Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (f.1), by adding the word “or” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) the legality of a decision made under section 227.01.
7. The Act is amended by adding the following after section 230.1:
Marginal note:Appeal from order
230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or a termination order under section 227.03 or 227.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.
Marginal note:1991, c. 43, s. 22; 1998, c. 35, par. 92(l)
8. Subsection 232(3) of the French version of the Act is replaced by the following:
Marginal note:Délai d’appel
(3) L’appel interjeté ou la demande d’autorisation d’appel présentée aux termes de la présente section ne sont recevables que si, dans les trente jours suivant la date à laquelle la cour martiale met fin à ses délibérations, l’avis d’appel est transmis au greffe de la Cour d’appel de la cour martiale ou, dans les circonstances prévues par un règlement du gouverneur en conseil, à toute personne désignée par ce règlement.
9. The Act is amended by adding the following after section 240.4:
Marginal note:Appeal against order or decision
240.5 (1) On the hearing of an appeal respecting the legality of a decision made under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.
Marginal note:Requirements relating to notice
(2) If the Court Martial Appeal Court or other court makes an order that may be made under section 227.01, it shall cause the requirements set out in section 227.05 to be fulfilled.
Marginal note:Requirements relating to notice
(3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal to be notified of the decision.
Marginal note:Removal of information from database
(4) If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 227.1(4), it shall also make the order referred to in subsection 227.1(6).
Marginal note:1998, c. 35, s. 82
10. The definition “Provost Marshal” in section 250 of the Act is repealed.
R.S., c. C-46CRIMINAL CODE
Marginal note:2004, c. 10, s. 20
11. (1) The definition “verdict of not criminally responsible on account of mental disorder” in subsection 490.011(1) of the Criminal Code is replaced by the following:
“verdict of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité »
“verdict of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.
Marginal note:2004, c. 10, s. 20
(2) Subparagraph (c)(v) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);
(3) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (c):
(c.1) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:
(i) section 246.1 (sexual assault),
(ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
(iii) section 246.3 (aggravated sexual assault);
Marginal note:2004, c. 10, s. 20
(4) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or
Marginal note:2004, c. 10, s. 20
12. The heading before section 490.012 of the Act is replaced by the following:
Order to Comply with the Sex Offender Information Registration Act
Marginal note:2004, c. 10, s. 20
13. Subsections 490.012(1) to (3) of the Act are replaced by the following:
Marginal note:Order
490.012 (1) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
Marginal note:Order
(2) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.
Marginal note:Order
(3) As soon as possible after a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes that
(a) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;
(b) the person has not been served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act in connection with the previous offence; and
(c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with the previous offence.
Marginal note:2004, c. 10, s. 20
14. (1) Paragraphs 490.013(2)(a) to (c) of the English version of the Act are replaced by the following:
(a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(c) applies for life if the maximum term of imprisonment for the offence is life.
Marginal note:2004, c. 10, s. 20
(2) Subsections 490.013(3) and (4) of the Act are replaced by the following:
Marginal note:Duration of order
(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act.
Marginal note:Duration of order
(4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.
Marginal note:2004, c. 10, s. 20
(3) Subsection 490.013(5) of the English version of the Act is replaced by the following:
Marginal note:Duration of order
(5) An order made under subsection 490.012(3) applies for life.
Marginal note:2004, c. 10, s. 20
15. Section 490.015 of the Act is replaced by the following:
Marginal note:Application for termination order
490.015 (1) A person who is subject to an order may apply for a termination order
(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(3) or (5).
Marginal note:Multiple orders
(2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.
Marginal note:Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Marginal note:Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, the application shall also be in relation to that obligation.
Marginal note:Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Marginal note:Jurisdiction
(6) The application shall be made to
(a) a superior court of criminal jurisdiction if
(i) one or more of the orders to which it relates were made by such a court under section 490.012, or
(ii) one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or
(b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.
Marginal note:2004, c. 10, s. 20
16. (1) Subsection 490.016(1) of the Act is replaced by the following:
Marginal note:Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
(2) Section 490.016 of the Act is amended by adding the following after subsection (2):
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.
17. Section 490.017 of the Act is renumbered as subsection 490.017(1) and is amended by adding the following:
Marginal note:Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.
Marginal note:2004, c. 10, s. 20
18. (1) Paragraph 490.018(1)(c) of the Act is replaced by the following:
(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and
Marginal note:2004, c. 10, s. 20
(2) Paragraph 490.018(3)(b) of the Act is replaced by the following:
(b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
Marginal note:2004, c. 10, s. 20
19. The heading before section 490.019 of the Act is replaced by the following:
Notice and Obligation to Comply with the Sex Offender Information Registration Act
Marginal note:2004, c. 10, s. 20
20. (1) The portion of subsection 490.02(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Persons who may be served
490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and
Marginal note:2004, c. 10, s. 20
(2) Paragraphs 490.02(2)(a) and (b) of the Act are replaced by the following:
(a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;
(b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or
Marginal note:2004, c. 10, s. 20
(3) Paragraph 490.02(2)(c) of the English version of the Act is replaced by the following:
(c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
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