An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)
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Assented to 2007-03-29
An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act
S.C. 2007, c. 5
Assented to 2007-03-29
An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act
SUMMARY
This enactment amends the National Defence Act to create a scheme that requires offenders who have committed service offences of a sexual nature to provide information for registration in a national database under the Sex Offender Information Registration Act. The new scheme parallels the one in the Criminal Code, and that Act, the Sex Offender Information Registration Act and the Criminal Records Act are amended accordingly. The amendments to the National Defence Act also establish mechanisms to accommodate military operational requirements when necessary.
The enactment creates a new offence under the National Defence Act for failure to comply with an order or obligation to provide information to a designated registration centre.
It also makes certain amendments to the Criminal Code and the Sex Offender Information Registration Act to enhance the administration and enforcement of the current registration scheme for sex offender information.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. N-5NATIONAL DEFENCE ACT
1. Subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:
“finding of not responsible on account of mental disorder”
« verdict de non-responsabilité pour cause de troubles mentaux »
“finding of not responsible on account of mental disorder” means a finding made under subsection 202.14(1);
“Provost Marshal”
« prévôt »
“Provost Marshal” means the Canadian Forces Provost Marshal;
2. The Act is amended by adding the following after section 119:
Offence in Relation to the Sex Offender Information Registration Act
Marginal note:Failure to comply with order or obligation
119.1 (1) Every person who, without reasonable excuse, fails 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 or section 490.019 of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Marginal note:Reasonable excuse
(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.
Marginal note:1991, c. 43, s. 18
3. Subsection 202.14(1) of the Act is replaced by the following:
Marginal note:Finding of not responsible on account of mental disorder
202.14 (1) If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder.
4. The Act is amended by adding the following after section 226:
Division 8.1Sex Offender Information
Interpretation
Marginal note:Definitions
227. The following definitions apply in this Division.
“crime of a sexual nature”
« crime de nature sexuelle »
“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act.
“database”
« banque de données »
“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
“designated offence”
« infraction désignée »
“designated offence” means
(a) an offence within the meaning of paragraph (a), (c), (c.1) or (d) 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).
“finding of not responsible on account of mental disorder”
« verdict de non-responsabilité pour cause de troubles mentaux »
“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.
“officer, or non-commissioned member, of the primary reserve”
« officier ou militaire du rang de la première réserve »
“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.
“pardon”
« réhabilitation »
“pardon” means a pardon granted by any authority under law, other than a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code, that has not ceased to have effect or been revoked.
“prescribed form”
« formulaire réglementaire »
“prescribed form” means a form prescribed in the regulations made by the Governor in Council.
“registration centre”
« bureau d’inscription »
“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
“Review Board”
« commission d’examen »
“Review Board” means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code.
Order to Comply with the Sex Offender Information Registration 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.
Marginal note:Date order begins
227.02 (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
(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 or section 490.019 of the Criminal Code.
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.
Marginal note:Application for termination order
227.03 (1) A person who is subject to an order may apply for a termination order
(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(a);
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(3) or (5).
Marginal note:Multiple orders
(2) A person who is subject to more than one order made under section 227.01 may apply for a termination order if 20 years have elapsed since the most recent order was made.
Marginal note:Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Marginal note:Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code, the application shall also be in relation to that obligation.
Marginal note:Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
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 490.015 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 court martial to try the issue.
Marginal note:Termination order
227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, 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
(2) The court martial shall give reasons for the decision.
Marginal note:Notice to Provost Marshal
(3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.
Marginal note:Requirements relating to notice
227.05 (1) When a court martial makes an order under section 227.01, it shall cause
(a) the order to be read by or to the person who is subject to it;
(b) a copy of the order to be given to that person;
(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; and
(d) a copy of the order to be sent to
(i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,
(ii) the person in charge of the place in which the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and
(iii) the Provost Marshal.
Marginal note:Notice on disposition by Review Board
(2) A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs,
(a) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or
(b) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
Marginal note:Notice before release
(3) The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge.
Notice and Obligation to Comply with the Sex Offender Information Registration Act
Marginal note:Obligation to comply
227.06 A person who is served with a notice in the prescribed form shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.09 of this Act unless an exemption order is made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
Marginal note:Persons who may be served
227.07 (1) The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence.
Marginal note:Exception
(2) A notice shall not be served on a person if
(a) they may be served with a notice under section 490.021 of the Criminal Code;
(b) they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for, every offence in connection with which the notice may be served on them; or
(c) an application has been made for an order under subsection 227.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them.
Marginal note:Period for and method of service
227.08 (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force.
Marginal note:Exception
(2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.
Marginal note:Proof of service
(3) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that
(a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;
(b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and
(c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
Marginal note:Requirements relating to notice
(4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.
Marginal note:Date obligation begins
227.09 (1) The obligation under section 227.06 begins
(a) either one year after the day on which the person is served with the notice, or when an exemption order is refused under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or
(b) when an exemption order is quashed.
Marginal note:Date obligation ends
(2) The obligation ends when an exemption order is made on an appeal from a decision made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
Marginal note:Duration of obligation
(3) If subsection (2) does not apply earlier, the obligation
(a) ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less;
(b) ends 20 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;
(c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or
(d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is 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 and if more than one of those offences is listed in the notice.
Marginal note:Application for exemption order
227.1 (1) A person who is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 227.08.
Marginal note:Jurisdiction
(2) 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 490.023 of the Criminal Code.
Marginal note:Court martial
(3) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.
Marginal note:Exemption order
(4) The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation 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
(5) The court martial shall give reasons for the decision.
Marginal note:Removal of information from database
(6) If the court martial makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.
Marginal note:Requirements relating to notice
227.11 If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code.
Marginal note:Application for termination order
227.12 (1) A person who is subject to an obligation under section 227.06 and is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for a termination order.
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 re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
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 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 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 section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) of this Act, or appeal a decision made under section 490.012 or subsection 490.016(1), 490.023(2) or 490.027(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 by Commissioner
227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police 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 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), 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 or section 490.019 of the Criminal Code;
(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 or section 490.019 of the Criminal Code; 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 by Commissioner
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 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 who has jurisdiction to try the person and to a person who provides legal advice to the officer with respect to the proceeding, in the case of a summary trial; or
(b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.
Marginal note:Disclosure in proceedings
(3) The officer who has jurisdiction to try the person may, if the officer is unable to preside over the summary trial, disclose the information to another officer who has jurisdiction to try the person and to a person who provides legal advice to that officer with respect to the summary trial.
Marginal note:Disclosure in proceedings
(4) The officer who presides over the summary trial 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 of guilty made or a punishment imposed in the summary trial, 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.
Authorizations, Designations and Regulations
Marginal note: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.
Marginal note: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.
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