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

 [Repealed, 1991, c. 43, s. 20]

Transfer of Offenders

Marginal note:Transfer of offenders
  •  (1) A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act.

  • Marginal note:Imprisonment or detention of offenders transferred

    (2) A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a service tribunal, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced.

  • Marginal note:Restriction

    (3) A person who has been found guilty of an offence by a civil court in Canada shall not,

    • (a) if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or

    • (b) if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada.

  • R.S., 1985, c. N-5, s. 226;
  • 1998, c. 35, ss. 64, 92.

Division 8.1Sex Offender Information

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

“crime of a sexual nature”

« crime de nature sexuelle »

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

“database”

« banque de données »

“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

“designated offence”

« infraction désignée »

“designated offence” means

  • (a) an offence within the meaning of paragraph (a), (c), (c.1) or (d) 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).

“finding of not responsible on account of mental disorder”

« verdict de non-responsabilité pour cause de troubles mentaux »

“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.

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

« officier ou militaire du rang de la première réserve »

“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.

“pardon”

« 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.

“prescribed form”

« formulaire réglementaire »

“prescribed form” means a form prescribed in the regulations made by the Governor in Council.

“record suspension”

« suspension du casier »

“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.

“registration centre”

« bureau d’inscription »

“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

“Review Board”

« commission d’examen »

“Review Board” means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code.

  • R.S., 1985, c. N-5, s. 227;
  • 1998, c. 35, s. 65;
  • 2007, c. 5, s. 4;
  • 2012, c. 1, s. 153.