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

Act current to 2016-01-25 and last amended on 2015-06-01. Previous Versions

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).
Marginal note:Date obligation begins
  •  (1) The obligation under section 227.06 begins

    • (a) either one year after the day on which the person is served with the notice, or when an exemption order is refused under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or

    • (b) when an exemption order is quashed.

  • Marginal note:Date obligation ends

    (2) The obligation ends when an exemption order is made on an appeal from a decision made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.

  • Marginal note:Duration of obligation

    (3) If subsection (2) does not apply earlier, the obligation

    • (a) ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less;

    • (b) ends 20 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

    • (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

    • (d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is 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 and if more than one of those offences is listed in the notice.

  • 2007, c. 5, s. 4;
  • 2014, c. 25, s. 39.
Marginal note:Application for exemption order
  •  (1) A person who is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 227.08.

  • Marginal note:Jurisdiction

    (2) 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 490.023 of the Criminal Code.

  • Marginal note:Court martial

    (3) 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:Exemption order

    (4) The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, 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

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

  • Marginal note:Removal of information from database

    (6) If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the notice.

  • 2007, c. 5, s. 4;
  • 2008, c. 29, s. 21;
  • 2010, c. 17, s. 52.
Marginal note:Requirements relating to notice

 If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order 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.

  • 2007, c. 5, s. 4;
  • 2013, c. 24, s. 107(F).
Marginal note:Application for termination order
  •  (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to

  • Marginal note:Time for application

    (2) A person may apply for a termination order if the following period has elapsed since they were sentenced, 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:

    • (a) five years if the maximum term of imprisonment for the offence is five years or less;

    • (b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or

    • (c) 20 years if the maximum term of imprisonment for the offence is life.

  • Marginal note:More than one offence

    (3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent 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.

  • Marginal note:Pardon or record suspension

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

  • Marginal note:Re-application

    (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code.

  • 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 490.026 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. 22;
  • 2010, c. 17, s. 53;
  • 2012, c. 1, s. 155;
  • 2014, c. 25, s. 40.
 
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