GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Defence Act — N-5 227.12
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. 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. 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 . 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. 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 . 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 . 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. 2007, c. 5, s. 4; 2008, c. 29, s. 22; 2010, c. 17, s. 53; 2012, c. 1, s. 155; 2014, c. 25, s. 40
National Defence Act — N-5 227.13
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 . Reasons for decision (2) The court martial shall give reasons for the decision. 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. 2007, c. 5, s. 4; 2010, c. 17, s. 54; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.14
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. 2007, c. 5, s. 4
National Defence Act — N-5 227.15
 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 . 2007, c. 5, s. 4; 2010, c. 17, s. 55; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.16
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). Notice (2) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section. 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 . 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. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.17
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). 2007, c. 5, s. 4
National Defence Act — N-5 227.171
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. 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. 2007, c. 5, s. 4
National Defence Act — N-5 227.18
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). 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). 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. 2007, c. 5, s. 4; 2010, c. 17, s. 56; 2013, c. 24, s. 107(F)
National Defence Act — N-5 227.19
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. 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] 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. 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. 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. 2007, c. 5, s. 4; 2010, c. 17, s. 57; 2013, c. 24, s. 107(F) 2019, c. 15, s. 36
National Defence Act — N-5 227.2
Regulations by Governor in Council 227.2 The Governor in Council may make regulations (a) respecting the means by which designated classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve are required to report under section 4, 4.1 or 4.3, or to provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e); (b) designating classes of operations in respect of which a determination may be made under subsection 227.16(1); (c) authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; (d) authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; and (e) designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve, served by each registration centre. 2007, c. 5, s. 4
National Defence Act — N-5 227.21
Authorization 227.21 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F)
National Defence Act — N-5 228
Definition of legality and illegal 228 For the purposes of this Division, the expressions legality and illegal shall be deemed to relate either to questions of law alone or to questions of mixed law and fact. R.S., 1985, c. N-5, s. 228; 1998, c. 35, s. 92
National Defence Act — N-5 230
Appeal by person tried 230 Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters: (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law; (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code ; (b) the legality of any finding of guilty; (c) the legality of the whole or any part of the sentence; (d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder; (e) the legality of a disposition made under section 201, 202 or 202.16; (e.1) the legality of a finding made under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding; (f) the legality of a decision made under any of subsections 196.14(1) to (3); (g) the legality of a decision made under subsection 227.01(2); (h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; (i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section; (i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1); (j) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or (k) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3). R.S., 1985, c. N-5, s. 230; 1991, c. 43, s. 21; 2000, c. 10, s. 2; 2007, c. 5, s. 5, c. 22, s. 45; 2010, c. 17, s. 58; 2011, c. 5, s. 8; 2013, c. 24, s. 69 2014, c. 6, s. 29 2019, c. 15, s. 37 2019, c. 15, s. 63
National Defence Act — N-5 230.1
Appeal by Minister 230.1 The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters: (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law; (a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code ; (b) the legality of any finding of not guilty; (c) the legality of the whole or any part of the sentence; (d) the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge; (e) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder; (f) the legality of a disposition made under section 201, 202 or 202.16; (f.01) the legality of a decision not to make a finding under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding; (f.1) the legality of an order for a stay of proceedings made under subsection 202.121(7); (g) the legality of a decision made under any of subsections 196.14(1) to (3); (h) the legality of a decision made under subsection 227.01(2); (i) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; (j) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section; (j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1); (k) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or (l) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3). 1991, c. 43, s. 21; 2000, c. 10, s. 3; 2005, c. 22, s. 59; 2007, c. 5, s. 6, c. 22, s. 46; 2010, c. 17, s. 59; 2011, c. 5, s. 9; 2013, c. 24, s. 70 2014, c. 6, s. 30 2019, c. 15, s. 38 2019, c. 15, s. 63
National Defence Act — N-5 230.2
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. 2007, c. 5, s. 7
National Defence Act — N-5 231
Other rights preserved 231 The right of any person to appeal from the finding or sentence of a court martial shall be deemed to be in addition to and not in derogation of any rights that the person has under the law of Canada. R.S., c. N-4, s. 198
National Defence Act — N-5 232
Form 232 (1) An appeal or application for leave to appeal under this Division shall be stated on a form to be known as a Notice of Appeal, which shall contain particulars of the grounds on which the appeal is founded and shall be signed by the appellant. Validity (2) A Notice of Appeal is not invalid by reason only of informality or the fact that it deviates from the prescribed form. Limitation period (3) No appeal or application for leave to appeal under this Division shall be entertained unless the Notice of Appeal is delivered within thirty days after the date on which the court martial terminated its proceedings to the Registry of the Court Martial Appeal Court or, in such circumstances as may be prescribed by the Governor in Council in regulations, to a person prescribed in those regulations. Extension (4) The Court Martial Appeal Court or a judge thereof may at any time extend the time within which a Notice of Appeal must be delivered. Forwarding statement (5) Where a Notice of Appeal is delivered pursuant to subsection (3) to a person prescribed by the Governor in Council in regulations, the person shall forward the Notice of Appeal to the Registry of the Court Martial Appeal Court. R.S., 1985, c. N-5, s. 232; 1991, c. 43, s. 22; 1998, c. 35, s. 92; 2007, c. 5, s. 8(F)
National Defence Act — N-5 233
Automatic suspension of certain dispositions 233 (1) Subject to subsection (2), if the disposition appealed from is a disposition made under section 202, the filing of a Notice of Appeal in accordance with section 232 suspends the application of the disposition pending the determination of the appeal. Discretionary powers respecting suspension of dispositions (2) A judge of the Court Martial Appeal Court may, on application of any party who gives notice to each of the other parties within the time and in the manner prescribed under subsection 244(1), where the judge is satisfied that the mental condition of the accused justifies the taking of such action, (a) by order, direct that the application of a disposition made under section 202 not be suspended pending the determination of the appeal; (a.1) by order, direct that the application of a disposition made under paragraph 202.16(1)(a) be suspended pending the determination of the appeal; (b) by order, direct that the application of a disposition appealed from that was made under section 201 or paragraph 202.16(1)(b) or (c) be suspended pending determination of the appeal; (c) where the application of a disposition is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (b), make such other disposition, other than a disposition under section 202 or paragraph 202.16(1)(a), in respect of the accused as is applicable and appropriate in the circumstances pending the determination of the appeal; and (d) give such directions as the judge thinks necessary for expediting the appeal. Effect of suspension of disposition (3) Where the application of a disposition appealed from is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (2)(b), (a) in the case where no disposition was in force in respect of the accused immediately before the coming into force of the disposition appealed from, any order for the interim release or detention of the accused that is in force immediately prior to the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c), pending the determination of the appeal; and (b) in any other case, the disposition in force immediately before the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c). R.S., 1985, c. N-5, s. 233; 1991, c. 43, s. 22 2014, c. 6, s. 31