National Defence Act

Marginal note:Order

• 227.01 (1) As soon as possible after 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, 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.

• Marginal note:Order

  (2) As soon as possible after 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

  (3) As soon as possible after 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 the Sex Offender Information Registration Act, 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) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code;

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

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

• 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.

• Marginal note:Exception

  (5) The court martial is not required to make an order under this section if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective 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

  (6) The court martial shall give reasons for its decision.