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

Act current to 2014-09-15 and last amended on 2014-08-18. Previous Versions

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008

Marginal note:Obligation to comply

 A person who is served with a notice in the prescribed form shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.09 of this Act unless an exemption order is made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.

  • 2007, c. 5, s. 4.
Marginal note:Persons who may be served
  •  (1) The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence.

  • Marginal note:Exception

    (2) A notice shall not be served on a person if

    • (a) they may be served with a notice under section 490.021 of the Criminal Code;

    • (b) 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 of the Criminal Code for, every offence in connection with which the notice may be served on them; or

    • (c) an application has been made for an order under subsection 227.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them.

  • 2007, c. 5, s. 4;
  • 2013, c. 24, s. 107(F).
Marginal note:Period for and method of service
  •  (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force.

  • Marginal note:Exception

    (2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.

  • Marginal note:Proof of service

    (3) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

    • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

    • (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

    • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

  • Marginal note:Requirements relating to notice

    (4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.

  • 2007, c. 5, s. 4;
  • 2013, c. 24, s. 107(F).