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An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)

Assented to 2007-03-29

 Section 230 of the Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) the legality of a decision made under section 227.01.

 Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (f.1), by adding the word “or” at the end of paragraph (g) and by adding the following after paragraph (g):

  • (h) the legality of a decision made under section 227.01.

 The Act is amended by adding the following after section 230.1:

Marginal note:Appeal from order

230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or a termination order under section 227.03 or 227.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.

Marginal note:1991, c. 43, s. 22; 1998, c. 35, par. 92(l)

 Subsection 232(3) of the French version of the Act is replaced by the following:

  • Marginal note:Délai d’appel

    (3) L’appel interjeté ou la demande d’autorisation d’appel présentée aux termes de la présente section ne sont recevables que si, dans les trente jours suivant la date à laquelle la cour martiale met fin à ses délibérations, l’avis d’appel est transmis au greffe de la Cour d’appel de la cour martiale ou, dans les circonstances prévues par un règlement du gouverneur en conseil, à toute personne désignée par ce règlement.

 The Act is amended by adding the following after section 240.4:

Marginal note:Appeal against order or decision
  • 240.5 (1) On the hearing of an appeal respecting the legality of a decision made under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.

  • Marginal note:Requirements relating to notice

    (2) If the Court Martial Appeal Court or other court makes an order that may be made under section 227.01, it shall cause the requirements set out in section 227.05 to be fulfilled.

  • Marginal note:Requirements relating to notice

    (3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal to be notified of the decision.

  • Marginal note:Removal of information from database

    (4) If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 227.1(4), it shall also make the order referred to in subsection 227.1(6).

Marginal note:1998, c. 35, s. 82

 The definition “Provost Marshal” in section 250 of the Act is repealed.

R.S., c. C-46CRIMINAL CODE

Marginal note:2004, c. 10, s. 20
  •  (1) The definition “verdict of not criminally responsible on account of mental disorder” in subsection 490.011(1) of the Criminal Code is replaced by the following:

    “verdict of not criminally responsible on account of mental disorder”

    « verdict de non-responsabilité »

    “verdict of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.

  • Marginal note:2004, c. 10, s. 20

    (2) Subparagraph (c)(v) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

    • (v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

  • (3) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (c):

    • (c.1) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

      • (i) section 246.1 (sexual assault),

      • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

      • (iii) section 246.3 (aggravated sexual assault);

  • Marginal note:2004, c. 10, s. 20

    (4) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

    • (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or

Marginal note:2004, c. 10, s. 20

 The heading before section 490.012 of the Act is replaced by the following:

Marginal note:2004, c. 10, s. 20

 Subsections 490.012(1) to (3) of the Act are replaced by the following:

Marginal note:Order
  • 490.012 (1) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

  • Marginal note:Order

    (2) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.

  • Marginal note:Order

    (3) As soon as possible after a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

    • (b) the person has not been served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act in connection with the previous offence; and

    • (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with the previous offence.

Marginal note:2004, c. 10, s. 20
  •  (1) Paragraphs 490.013(2)(a) to (c) of the English version of the Act are replaced by the following:

    • (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (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:2004, c. 10, s. 20

    (2) Subsections 490.013(3) and (4) of the Act are replaced by the following:

    • Marginal note:Duration of order

      (3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act.

    • Marginal note:Duration of order

      (4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.

  • Marginal note:2004, c. 10, s. 20

    (3) Subsection 490.013(5) of the English version of the Act is replaced by the following:

    • Marginal note:Duration of order

      (5) An order made under subsection 490.012(3) applies for life.

 

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