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

Marginal note:Application for termination order

• 227.12 (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

  • (a) an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act that began later; or

  • (b) an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later.

• 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.

Marginal note:Termination order

• 227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the 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:Requirements relating to notice

  (3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.

Marginal note:Deemed application

227.14 If a person is eligible to apply for both an exemption order under section 227.1 and a termination order under section 227.12 within one year after they are served with a notice under section 227.08, an application within that period for one order is deemed to be an application for both.

Suspension of Time Limits, Proceedings and Obligations

Marginal note:Determination — inability to act for operational reasons

• 227.15 (1) The Chief of the Defence Staff may determine that a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, for operational reasons, unable to

  • (a) apply for an exemption order under section 227.1 of this Act or section 490.023 of the Criminal Code within the required period;

  • (b) appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period;

  • (c) participate in a proceeding relating to an exemption order referred to in paragraph (a) or in an appeal proceeding referred to in paragraph (b); or

  • (d) comply with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act within the required period.

• Marginal note:Effects of determination

  (2) If the Chief of the Defence Staff makes a determination, the following rules apply:

  • (a) in the case of a determination under paragraph (1)(a), the running of the period during which the person may apply for an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;

  • (b) in the case of a determination under paragraph (1)(b), the running of the period during which the person may appeal the legality of a decision, or a decision, is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;

  • (c) in the case of a determination under paragraph (1)(c),

    • (i) any proceeding relating to an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply, or

    • (ii) an application may be made to appeal the legality of a decision, or a decision, after the day on which the operational reasons first apply, but any appeal proceeding is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; and

  • (d) in the case of a determination under paragraph (1)(d), the person’s obligation to comply with the relevant section of the Sex Offender Information Registration Act is suspended from the day on which the operational reasons first apply until 15 days after the day on which they cease to apply.

• Marginal note:Factors for consideration

  (2.1) The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons clearly outweigh in importance the public interest in applying the provisions of the Act that, but for the determination, would apply in the circumstances.

• Marginal note:Notice to Minister

  (2.2) The Chief of the Defence Staff shall notify the Minister before making a determination.

• Marginal note:Review of operational reasons

  (2.3) Every 15 days after a determination is made, the Chief of the Defence Staff shall consider whether the operational reasons cease to apply.

• Marginal note:Notice

  (3) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.

• Marginal note:Notice

  (4) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, the date on which the operational reasons first apply and the date on which they cease to apply, and the Provost Marshal shall notify the person without delay.

• Marginal note:Notice

  (5) The Provost Marshal shall notify the following persons without delay of a determination made under paragraph (1)(b) or (c), the effect of the determination, the date on which the suspension of the time limit or proceeding first applies and the date on which it ceases to apply:

  • (a) the Minister or counsel instructed by the Minister if the decision in relation to which an appeal may be brought was made under this Act, or the Minister or counsel instructed by the Minister and the Court Martial Administrator if the proceeding was commenced under this Act; or

  • (b) the attorney general of a province or the minister of justice of a territory if the decision in relation to which an appeal may be brought was made, or the proceeding was commenced, in that jurisdiction under the Criminal Code.

Marginal note:Determination — information relating to an operation

• 227.16 (1) The Chief of the Defence Staff may determine that the communication, under section 6 of the Sex Offender Information Registration Act, of information that relates to an operation could jeopardize national security, international relations or the security of an operation that is within a class of operations designated by a regulation made under paragraph 227.2(b).

• Marginal note:Notice

  (2) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.

• Marginal note:Notice

  (3) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, and the Provost Marshal shall notify without delay any participant in the operation who is required to comply with section 6 of the Sex Offender Information Registration Act.

• Marginal note:Effect of determination

  (4) A participant in the operation is exempted from the requirement under section 6 of the Sex Offender Information Registration Act to provide the information relating to the operation.

Marginal note:Statutory Instruments Act

227.17 The Statutory Instruments Act does not apply to a determination made by the Chief of the Defence Staff under subsection 227.15(1) or 227.16(1).

Marginal note:Annual Report

• 227.171 (1) The Chief of the Defence Staff shall, within 30 days after the end of each year, submit a report to the Minister on the operation of sections 227.15 and 227.16 for that year that includes

  • (a) the number of determinations made under each of paragraphs 227.15(a) to (d) and the duration of the suspension resulting from each determination; and

  • (b) the number of determinations made under subsection 227.16(1) and the number of persons exempted under subsection 227.16(4) as a result of each determination.

• Marginal note:Tabling in Parliament

  (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Disclosure of Information

Marginal note:Disclosure

• 227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine

  • (a) whether a person may be served with a notice under section 227.08;

  • (b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;

  • (c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or

  • (d) whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, may be the subject of a determination under subsection 227.15(1) or 227.16(1).

• Marginal note:Disclosure by Provost Marshal

  (2) The Provost Marshal shall disclose the information

  • (a) to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4);

  • (b) to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a);

  • (c) to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or

  • (d) to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 227.15(1) or 227.16(1).

• Marginal note:Disclosure in proceedings

  (3) The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial.

Marginal note:Disclosure

• 227.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay.

• Marginal note:Disclosure by Provost Marshal

  (2) The Provost Marshal shall disclose the information

  • (a) to the officer conducting the summary hearing and to a person who provides legal advice to the officer with respect to the hearing, in the case of a summary hearing; or

  • (b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.

• (3) [Repealed, 2019, c. 15, s. 36]

• Marginal note:Disclosure in proceedings

  (4) The officer who conducted the summary hearing may disclose the information to a review authority, and to a person who provides legal advice to the review authority, with respect to a review of a finding that a person has committed a service infraction or of any sanction imposed by that officer, if the information is relevant to the review.

• Marginal note:Disclosure in proceedings

  (5) The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review.

• Marginal note:Disclosure in proceedings

  (6) A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review.