National Defence Act

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) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code.

• Marginal note:Pardon

  (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.

• Marginal note:Re-application

  (5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act or 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.