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

Full Document:  

Act current to 2019-11-19 and last amended on 2019-08-01. Previous Versions

PART IIICode of Service Discipline (continued)

DIVISION 8.1Sex Offender Information

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

crime of a sexual nature

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

database

database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)

designated offence

designated offence means

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

finding of not responsible on account of mental disorder

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. (verdict de non-responsabilité pour cause de troubles mentaux)

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

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. (officier ou militaire du rang de la première réserve)

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pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon)

prescribed form

prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire)

record suspension

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. (suspension du casier)

registration centre

registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)

Review Board

Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen)

  • R.S., 1985, c. N-5, s. 227
  • 1998, c. 35, s. 65
  • 2007, c. 5, s. 4
  • 2012, c. 1, s. 153
  • 2014, c. 25, s. 37

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order

  •  (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.

  • Marginal note:Order — if intent established

    (2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition designated offence in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 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) or (c) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court martial 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 finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, 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 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;

    • (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.

  • Marginal note:Failure to make order

    (3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time,

    • (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;

    • (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and

    • (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose.

  • Marginal note:Interpretation

    (4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence

    • (a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or

    • (b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

  • (5) and (6) [Repealed, 2010, c. 17, s. 47]

  • 2007, c. 5, s. 4
  • 2010, c. 17, s. 47
  • 2014, c. 25, s. 38

Marginal note:Date order begins

  •  (1) An order made under section 227.01 begins on the day on which it is made.

  • Marginal note:Duration of order

    (2) An order made under subsection 227.01(1) or (2)

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

    • (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:Duration of order

    (2.1) An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition designated offence in section 227.

  • Marginal note:Duration of order

    (3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to 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.

  • Marginal note:Duration of order

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

  • Marginal note:Duration of order

    (5) An order made under subsection 227.01(3) applies for life.

  • 2007, c. 5, s. 4
  • 2010, c. 17, s. 48
 
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