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

Act current to 2014-10-15 and last amended on 2014-08-18. Previous Versions

Marginal note:Date order begins
  •  (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.

  • 2007, c. 5, s. 4;
  • 2010, c. 17, s. 48.
Marginal note:Application for termination order
  •  (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.

  • 2007, c. 5, s. 4;
  • 2008, c. 29, s. 20;
  • 2010, c. 17, s. 49;
  • 2012, c. 1, s. 154.