An Act to amend the National Defence Act and other Acts (S.C. 2026, c. 16)
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Assented to 2026-06-18
R.S., c. N-5National Defence Act (continued)
25 (1) The portion of subsection 227.02(2) of the Act before paragraph (c) is replaced by the following:
Marginal note:Duration of order — subsection 227.01(1) or (3)
(2) An order made under subsection 227.01(1) or (3)
(a) subject to subsections (3) and (5), 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) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(2) Subsections 227.02(2.1) to (5) of the Act are replaced by the following:
Marginal note:Duration of order — offences in same proceeding
(3) An order made under subsection 227.01(1) or (3) applies for life if
(a) in the same proceeding, the person has been convicted of, or found not responsible on account of mental disorder for, two or more designated offences in connection with which an order under any of subsections 227.01(1) to (3) may be made; and
(b) the court martial is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Marginal note:If court martial not satisfied
(4) If paragraph (3)(a) applies in the circumstances but the court martial is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment.
Marginal note:Duration of order — other order or obligation
(5) An order made under subsection 227.01(1) or (3) applies for life if the person
(a) was previously convicted of, or previously found not responsible on account of mental disorder for, an offence under section 130 in respect of a primary offence or a primary offence, as defined in subsection 490.011(1) of the Criminal Code, under that Act; or
(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Marginal note:Duration of order
(6) An order made under subsection 227.01(2) applies for life.
26 The Act is amended by adding the following after section 227.02:
Marginal note:Reasons
227.021 The court martial shall
(a) state the designated offence that forms the basis of an order made under subsection 227.01(1) and the term of imprisonment imposed; and
(b) give reasons for a decision under subsection 227.01(3) or paragraph 227.02(3)(b).
Marginal note:Failure to make order
227.022 If the court martial does not consider the matter under any of subsections 227.01(1) to (3) at the time the sentence is imposed, or a finding of not responsible on account of mental disorder is made, for a primary offence,
(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 finding made, convene the court martial;
(c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose; and
(d) the court martial may issue a summons in the prescribed form to compel the attendance of the person at the hearing.
27 (1) Paragraph 227.03(1)(c) of the Act is replaced by the following:
(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), (5) or (6).
(2) Subsection 227.03(3) of the Act is replaced by the following:
Marginal note:Pardon, record suspension or absolute discharge
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, a record suspension is ordered, or they are absolutely discharged under paragraph 672.54(a) of the Criminal Code.
28 Subsection 227.04(1) of the Act is replaced by the following:
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
(a) there would be no connection between continuing an order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing an order or an 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 that is to be achieved by the registration of information relating to sex offenders under that Act.
Marginal note:Factors
(1.1) In determining whether to make the termination order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of an order or obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
29 Section 227.07 of the Act is amended by adding the following after subsection (2):
Marginal note:References
(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, the reference in paragraph (2)(c) to subsection 227.01(3) is a reference to that provision as it read from time to time before that day and the reference in that paragraph to subsection 490.012(3) of the Criminal Code is a reference to that provision as it read from time to time before October 26, 2023.
30 Section 227.09 of the Act is amended by adding the following after subsection (3):
Marginal note:References
(4) In paragraph (3)(d), the reference to the definition designated offence in section 227 of this Act is a reference to that definition as it read from time to time before the day on which this subsection comes into force and the reference to the definition designated offence in subsection 490.011(1) of the Criminal Code is a reference to that definition as it read from time to time before October 26, 2023.
31 (1) The portion of subsection 227.12(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Time for application — single offence
(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 the offence listed in the notice:
(2) Subsections 227.12(3) and (4) of the Act are replaced by the following:
Marginal note:More than one offence
(3) If more than one offence is listed in the notice, 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.
Marginal note:Pardon or record suspension or absolute discharge
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon, a record suspension is ordered, or they are absolutely discharged under paragraph 672.54(a) of the Criminal Code.
32 Subsection 227.13(1) of the Act is replaced by the following:
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
(a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact on the person 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 that is to be achieved by the registration of information relating to sex offenders under that Act.
Marginal note:Factors
(1.1) In determining whether to make the termination order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of the obligation;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
33 Paragraph 227.15(1)(b) of the Act is replaced by the following:
(b) appeal the legality of a decision made under section 227.01 or 227.02, subsection 227.04(1), 227.1(4) or 227.13(1) or section 227.22 or 227.23 of this Act — or appeal a decision made under section 490.012 or 490.013 or subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2) or (2.2), 490.029051(2) or (3), 490.02909(1), 490.029111(2), 490.029112(2) or (3), 490.02913(1), 490.04(4) or (5) or 490.05(4) or (5) of the Criminal Code — within the required period;
34 Paragraph 227.18(1)(b) of the Act is replaced by the following:
(b) for the purpose of a proceeding under section 227.01 or 227.02, subsection 227.04(1), 227.1(4) or 227.13(1) or section 227.22 or 227.23 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;
35 The Act is amended by adding the following after section 227.21:
Additional Orders
Marginal note:Application for exemption order
227.22 (1) A person may apply for an order exempting them from an order made under section 227.01 on or after April 15, 2011 but before the day on which this subsection comes into force.
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 490.04 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 Standing Court Martial to try the issue.
Marginal note:Limitation — exemption order
(4) The court martial shall not make an exemption order in respect of an application made under subsection (1) if
(a) the sentence for the designated offence that is the basis of the order made under section 227.01 is a term of imprisonment of two years or more — or, if the sentence is in respect of multiple offences, one of which is the designated offence, the court martial was, at the time of imposing the sentence, of the opinion that a sentence of imprisonment of two years or more was justified for the designated offence — and the victim of the designated offence was under the age of 18 years; or
(b) before or after the order under section 227.01 was made, the person
(i) was convicted of an offence under section 130 in respect of a primary offence — or was convicted under the Criminal Code of a primary offence, as defined in subsection 490.011(1) of that Act — that is not the offence on the basis of which the order was made, or
(ii) is or was, as a result of a conviction, subject to another order under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Marginal note:Exemption order
(5) Subject to subsection (4), the court martial shall make an exemption order if it is satisfied that the person has established that, at the time the order was made,
(a) there was no connection between the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or
(b) the impact of the order on the person, including on their privacy or liberty, was grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature that is to be achieved by the registration of information relating to sex offenders under that Act.
Marginal note:Factors
(6) In determining whether to make the exemption order, the court martial shall consider
(a) the nature and seriousness of the offence that is the basis of the order;
(b) the victim’s age and other personal characteristics;
(c) the nature and circumstances of the relationship between the person and the victim;
(d) the personal characteristics and circumstances of the person;
(e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;
(f) the opinions of experts who have examined the person; and
(g) any other factors that the court martial considers relevant.
Marginal note:Reasons for decision
(7) The court martial shall give reasons for its decision.
Marginal note:Removal of information from database
(8) If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 227.01.
Marginal note:Application for variation order
227.23 (1) A person may apply for an order to vary the duration of
(a) an order made under section 227.01, if the order applies for life under subsection 227.02(2.1), as it read from time to time before the day on which this paragraph comes into force; or
(b) an obligation under section 227.06, if the obligation applies for life under paragraph 227.09(3)(d) and none of the offences listed in the prescribed form served on the person in respect of the obligation have a maximum term of imprisonment for life.
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 490.05 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 Standing Court Martial to try the issue.
Marginal note:Variation order
(4) The court martial shall make the variation order if it is satisfied that the person has established that the offences that are the basis of the order or obligation do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Marginal note:Variation of duration
(5) If the court martial makes a variation order, it shall set out the duration of the order or obligation in the order, which shall be determined by applying
(a) subsection 227.02(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order; or
(b) paragraphs 227.09(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation.
Marginal note:Reasons for decision
(6) The court martial shall give reasons for its decision.
Marginal note:Notification
(7) The court martial shall cause the Provost Marshal to be notified of a variation order made under this section.
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