National Defence Act (R.S.C., 1985, c. N-5)

DIVISION 8.1Sex Offender Information

Interpretation

Marginal note:Definitions

227 The following definitions apply in this Division.

crime of a sexual nature

crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crime de nature sexuelle)

database

database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)

designated offence

designated offence means

• (a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

• (b) an offence within the meaning of paragraph (b) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

• (c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or

• (d) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)

finding of not responsible on account of mental disorder

finding of not responsible on account of mental disorder includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code. (verdict de non-responsabilité pour cause de troubles mentaux)

officer, or non-commissioned member, of the primary reserve

officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force

• (a) who is required, whether on active service or not, to perform military or any other form of duty or training;

• (b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and

• (c) who is required to undergo annual training. (officier ou militaire du rang de la première réserve)

pardon

pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)

prescribed form

prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)

record suspension

record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

registration centre

registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)

Review Board

Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen)

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order

• 227.01 (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.

• Marginal note:Order — if intent established

  (2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition designated offence in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 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) or (c) of that definition.

• Marginal note:Order — if previous offence established

  (3) When a court martial 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 finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that

  • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code;

  • (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and

  • (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.

• Marginal note:Failure to make order

  (3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time,

  • (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;

  • (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and

  • (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose.

• Marginal note:Interpretation

  (4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence

  • (a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or

  • (b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

• (5) and (6) [Repealed, 2010, c. 17, s. 47]

Marginal note:Date order begins

• 227.02 (1) An order made under section 227.01 begins on the day on which it is made.

• Marginal note:Duration of order

  (2) An order made under subsection 227.01(1) or (2)

  • (a) ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;

  • (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:Duration of order

  (2.1) An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition designated offence in section 227.

• Marginal note:Duration of order

  (3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act.

• Marginal note:Duration of order

  (4) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 227.01 of this Act or section 490.012 of the Criminal Code.

• Marginal note:Duration of order

  (5) An order made under subsection 227.01(3) applies for life.

Marginal note:Application for termination order

• 227.03 (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 227.02(2)(a);

  • (b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(b); or

  • (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(2.1), (3) or (5).

• Marginal note:Multiple orders

  (2) A person who is subject to more than one order made under section 227.01 may apply for a termination order if 20 years have elapsed since the most recent order was made.

• Marginal note:Pardon or record suspension

  (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

• 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 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders 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 or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.

• Marginal note:Jurisdiction

  (6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code.

• Marginal note:Court martial

  (7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue.

Marginal note:Termination order

• 227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or 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.

• Marginal note:Reasons for decision

  (2) The court martial shall give reasons for the decision.

• Marginal note:Notice to Provost Marshal

  (3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.

Marginal note:Requirements relating to notice

• 227.05 (1) When a court martial makes an order under section 227.01, it shall cause

  • (a) the order to be read by or to the person who is subject to it;

  • (b) a copy of the order to be given to that person;

  • (c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; and

  • (d) a copy of the order to be sent to

    • (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

    • (ii) the person in charge of the place in which the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and

    • (iii) the Provost Marshal.

• Marginal note:Notice on disposition by Review Board

  (2) A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs,

  • (a) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or

  • (b) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, 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:Notice before release

  (3) The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge.