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

Act current to 2014-04-02 and last amended on 2013-10-18. Previous Versions

Marginal note:Termination order
  •  (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.

  • 2007, c. 5, s. 4;
  • 2010, c. 17, s. 50.
Marginal note:Requirements relating to notice
  •  (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.

  • 2007, c. 5, s. 4.