National Defence Act

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 subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(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.