Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the National Defence Act and other Acts”.

This enactment amends provisions of the National Defence Act that relate to the military justice system in response to the Report of the Third Independent Review Authority to the Minister of National Defence and the Report of the Independent External Comprehensive Review of the Department of National Defence and the Canadian Armed Forces.

In response to those reports, the enactment amends that Act to, among other things,

In addition, the enactment amends the National Defence Act to remove military judges from the summary hearing system and to provide that, in the context of a service offence, an individual acting on behalf of a victim may request that a victim’s liaison officer be appointed to assist them.

It further amends that Act to harmonize the sex offender information and publication ban provisions with the amendments made to the Criminal Code in An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act.

Finally, it amends the Criminal Code to, among other things, provide superior courts of criminal jurisdiction with the jurisdiction to hear applications for an exemption in respect of orders to comply with the Sex Offender Information Registration Act made under the National Defence Act and applications to vary the duration of such orders.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Clarification — independence

(1.‍1) For greater certainty, in the exercise of the Judge Advocate General’s superintendence, the Judge Advocate General respects the independence of authorities in the military justice system, including the Provost Marshal General, the Director of Military Prosecutions and the Director of Defence Counsel Services.

• (a) prescribing the rates and conditions of issue of pay of military judges;

Retroactive effect

(4) Regulations made under paragraph (3)‍(a) may, if they so provide, have retroactive effect. However, Insertion start they Insertion end may not have effect

Appointment

18.‍3 (1) The Insertion start Governor in Council Insertion end may appoint an officer who has been a member of the military police for at least 10 years to be the Provost Marshal Insertion start General Insertion end .

Rank

(2) The Provost Marshal Insertion start General Insertion end holds a rank that is not less than Insertion start brigadier-general Insertion end .

Tenure of office

(3) The Provost Marshal Insertion start General Insertion end holds office during Insertion start pleasure Insertion end for a term not exceeding four years.

• Start of inserted block

  (a) the supervision of the performance of policing duties and functions;

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Acting Provost Marshal General

18.‍41 If the Provost Marshal General is absent or unable to act or the office of Provost Marshal General is vacant, the Minister may authorize any officer who is a member of the military police to exercise the powers and perform the duties and functions of the Provost Marshal General, but that officer may act as the Provost Marshal General for a period of more than 90 days only with the approval of the Governor in Council.

Responsible to Minister

18.‍5 (1) The Provost Marshal Insertion start General is responsible to the Minister in the performance Insertion end of the responsibilities described in paragraphs 18.‍4(a) to (d).

General instructions or guidelines

(2) The Insertion start Minister Insertion end may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.‍4(a) to (d). The Provost Marshal Insertion start General Insertion end shall ensure that they are available to the public.

Annual report

18.‍6 The Provost Marshal Insertion start General Insertion end shall, within three months after the end of each fiscal year, submit to the Insertion start Minister Insertion end a report concerning the activities of the Provost Marshal Insertion start General Insertion end and the military police during the year.

• Start of inserted block

  (d) an offence under any of the following provisions of the Criminal Code:

  • (i) section 151 (sexual interference),

  • (ii) section 152 (invitation to sexual touching),

  • (iii) section 153 (sexual exploitation),

  • (iv) section 153.‍1 (sexual exploitation of person with disability),

  • (v) section 155 (incest),

  • (vi) subsection 160(1) (bestiality),

  • (vii) subsection 160(2) (compelling the commission of bestiality),

  • (viii) subsection 160(3) (bestiality in presence of or by a child),

  • (ix) section 162 (voyeurism),

  • (x) section 162.‍1 (publication, etc.‍, of an intimate image without consent),

  • (xi) section 163.‍1 (child pornography),

  • (xii) section 170 (parent or guardian procuring sexual activity),

  • (xiii) section 171 (householder permitting prohibited sexual activity),

  • (xiv) section 171.‍1 (making sexually explicit material available to child),

  • (xv) section 172.‍1 (luring a child),

  • (xvi) section 172.‍2 (agreement or arrangement — sexual offence against child),

  • (xvii) subsection 173(2) (exposure),

  • (xviii) section 271 (sexual assault),

  • (xix) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xx) section 273 (aggravated sexual assault),

  • (xxi) section 273.‍3 (removal of a child from Canada),

  • (xxii) section 279.‍011 (trafficking  —  person under 18 years),

  • (xxiii) subsection 279.‍02(2) (material benefit — trafficking of person under 18 years),

  • (xxiv) subsection 279.‍03(2) (withholding or destroying documents — trafficking of person under 18 years),

  • (xxv) section 286.‍1 (obtaining sexual services for consideration),

  • (xxvi) section 286.‍2 (material benefit from sexual services),

  • (xxvii) section 286.‍3 (procuring), and

  • (xxviii) section 286.‍4 (advertising sexual services);

• (e) an offence under the Criminal Code — other than an offence referred to in paragraph (d) — that is of a sexual nature or that is committed for a sexual purpose;

• (f) an offence under the Criminal Code, as it read from time to time before the day on which this paragraph comes into force, if the conduct alleged would be an offence referred to in paragraph (d) or (e) if it occurred on or after that day;

• (g) conspiring or attempting to commit an offence referred to in any of paragraphs (d) to (f) or being an accessory after the fact to such an offence; or

• (h) counselling a person to commit an offence referred to in any of paragraphs (d) to (f) if the offence is not committed.

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No authority to investigate — certain offences

70.‍1 Despite any other provision of this Act and any other law, an officer or non-commissioned member does not have authority to investigate, for the purposes of the laying of a charge under paragraph 130(1)‍(a) or an information under the Criminal Code, in relation to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.

Clarification — investigative measures

70.‍2 (1) Nothing in section 70.‍1 prevents an officer or non-commissioned member from exercising their powers or performing their duties and functions, before the arrival of the civilian authority having jurisdiction in the matter, to the extent necessary to prevent the commission, continuation or repetition of an offence referred to in any of paragraphs 70(d) to (h) that, as the case may be, is being, was, or is alleged to have been committed in Canada, including

• (a) making an arrest in relation to the offence in accordance with Division 3 of Part III of this Act or section 494 or 495 of the Criminal Code; or

• (b) if an arrest is made under paragraph (a), conducting a search incident to the arrest.

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Evidence relating to the offence

(2) Nothing in section 70.‍1 prevents an officer or non-commissioned member from securing or preserving any evidence of or relating to the offence referred to in subsection (1) before the arrival of the civilian authority having jurisdiction in the matter.

Evidence otherwise secured

(3) Nothing in section 70.‍1 prevents an officer or non-commissioned member from securing or preserving — to the extent that their powers, duties and functions under this Act, other than under subsection (1) or (2), or any other law authorize them to do so — evidence of or relating to an offence referred to in any of paragraphs 70(d) to (h) that was, or is alleged to have been, committed in Canada.

Transfer of arrested persons and evidence

(4) An officer or non-commissioned member shall, as soon as feasible, transfer a person arrested under paragraph (1)‍(a) to the custody of the civilian authority having jurisdiction in the matter and transfer to them any evidence secured or preserved under any of subsections (1) to (3).

Clarification — private prosecutions

70.‍3 Nothing in section 70.‍1 prevents an officer or non-commissioned member from initiating or conducting a private prosecution in relation to an offence referred to in any of paragraphs 70(d) to (h).

Victim’s liaison officer

71.‍16 (1) Unless Insertion start they are Insertion end of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim Insertion start or an individual acting on their behalf Insertion end , appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim Insertion start or individual Insertion end as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or non-commissioned member who has been requested by the victim Insertion start or individual Insertion end to be their liaison officer.

• (a) explaining to the victim Insertion start or individual acting on their behalf Insertion end the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and

• (b) obtaining and transmitting to the victim Insertion start or individual acting on their behalf Insertion end information relating to a service offence that Insertion start they have Insertion end requested and to which Insertion start they have Insertion end a right under this Division.

Proof of certain facts by certificate

(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)‍(b.‍1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.‍1, 4.‍2 or 4.‍3 — or provide information under section 5 or notify a person under subsection 6(1) Insertion start or (1.‍01) Insertion end — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

Military judges

162.‍51 A military judge is not to be charged with having committed a service infraction.

Military judges

(3) Despite subsections (1) and (2), a military judge may not conduct a hearing.

Prescription

163.‍4  Insertion start L’ Insertion end audience sommaire Insertion start ne peut commencer que dans les Insertion end six mois Insertion start suivant Insertion end la date de la commission présumée du manquement d’ordre militaire Insertion start auquel elle se rapporte Insertion end .

Appointment

165.‍1 (1) The Insertion start Governor in Council Insertion end may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Military Prosecutions.

Tenure of office

(2) The Director of Military Prosecutions holds office during good behaviour for a term of not more than Insertion start seven Insertion end years Insertion start but Insertion end may Insertion start be subject to remedial or disciplinary measures in accordance with section 165.‍101 Insertion end .

Term not renewable

(3) The Director of Military Prosecutions is Insertion start not Insertion end eligible to be reappointed.

Suspension

(4) On receipt of a request referred to in subsection 165.‍101(1), the Governor in Council may, if the Governor in Council is of the opinion that there are exceptional circumstances that justify it, suspend the Director of Military Prosecutions from office until the Governor in Council decides whether to impose any remedial or disciplinary measures.

Definition of exceptional circumstances

(5) For the purposes of subsection (4), exceptional circumstances include circumstances in which there are allegations of serious misconduct or allegations related to a risk to occupational health and safety or to a risk of injury to international relations, national defence or national security.

Inquiry

165.‍101 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Military Prosecutions should be subject to remedial or disciplinary measures for any reason set out in paragraphs (12)‍(a) to (e).

Appointment of judge

(2) On receipt of a request, the Governor in Council may appoint a judge of a superior court to conduct the inquiry.

Powers

(3) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to

• (a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

• (b) administer oaths and examine any person on oath.

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Staff

(4) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Inquiry in public

(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.

Confidentiality of inquiry

(6) The judge may, on application, take any measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that

• (a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;

• (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

• (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

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Confidentiality of application

(7) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (6).

Rules of evidence

(8) The judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that they consider credible or trustworthy in the circumstances of the case.

Intervenors

(9) An interested party may, with leave of the judge, intervene in the inquiry on any terms and conditions that the judge considers appropriate.

Notice to Director of Military Prosecutions

(10) The Director of Military Prosecutions shall be given reasonable notice of the subject matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

Report to Minister

(11) After the inquiry has been completed, the judge shall submit a report containing their findings and recommendations, if any, to the Minister.

Recommendations

(12) The judge may, in the report, recommend that the Director of Military Prosecutions be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the Director

• (a) has become incapacitated from the proper execution of that office by reason of infirmity;

• (b) has committed misconduct;

• (c) has failed in the proper execution of that office;

• (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or

• (e) no longer satisfies the minimum standards and conditions of service applicable to officers.

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Transmission of report to Governor in Council

(13) The Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the Director of Military Prosecutions without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.

Acting Director of Military Prosecutions

165.‍16  Insertion start If Insertion end the Director of Military Prosecutions Insertion start is absent or unable to act or the office of Director of Military Prosecutions is vacant Insertion end , the Minister Insertion start may authorize Insertion end any officer who is a barrister or advocate with standing at the bar of a province Insertion start to exercise Insertion end the powers and Insertion start perform Insertion end the duties and functions of Insertion start the Director of Military Prosecutions, but that officer may act as the Director of Military Prosecutions for a period of more than 90 days only with the approval of the Governor in Council Insertion end .

Specific instructions or guidelines

(3) The Insertion start Minister Insertion end may issue instructions or guidelines in writing in respect of a particular prosecution.

Exception

(5) The Director of Military Prosecutions Insertion start may, if they consider Insertion end it to be in the best interests of the administration of military justice, Insertion start delay making an Insertion end instruction or guideline Insertion start issued under subsection (3) Insertion end , or any part of it, available to the public Insertion start until the completion of the prosecution or any related prosecution Insertion end .

Copies to Minister

(6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline Insertion start issued Insertion end under Insertion start subsection (2) Insertion end .

Appointment

165.‍21 (1) The Governor in Council may appoint any officer Insertion start or non-commissioned member Insertion end who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been Insertion start a member of the Canadian Forces Insertion end for at least ten years to be a military judge.

Panel established

165.‍22 (1) There is established a Reserve Force Military Judges Panel to which the Governor in Council may name any officer Insertion start or non-commissioned member Insertion end who has been Insertion start a member of the Canadian Forces Insertion end for at least 10 years and who

Reserve force military judge

(2)  Insertion start A member of the Canadian Forces Insertion end named to the panel is referred to in this Act as a “reserve force military judge”.

• (i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.‍1, 155, 160, 162, Insertion start 162.‍1 Insertion end , 163.‍1, 170, 171, 171.‍1, 172, 172.‍1, 172.‍2, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 280, 281, 286.‍1, 286.‍2, 286.‍3, 346 or 347 of the Criminal Code,

• a) d’aviser Insertion start dans les meilleurs délais Insertion end la victime et Insertion start tout témoin âgé Insertion end de moins de dix-huit ans de leur droit de demander l’ordonnance;

• b) de rendre l’ordonnance, si le procureur de la poursuite, la victime ou Insertion start tout témoin âgé de moins de dix-huit ans Insertion end lui en fait la demande;

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  (c) if an order is made, as soon as feasible, inform the victim and witness who are the subject of that order of its existence and of their right to apply to revoke or vary it.

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• Start of inserted block

  (c) if an order is made, as soon as feasible, inform the victim of the existence of the order and of their right to apply to revoke or vary it.

  End of inserted block

Duty to inquire

(5.‍1) If the prosecutor makes an application for an order under paragraph (2)‍(b) or (4)‍(b), the military judge shall

• (a) if the victim or witness is present, inquire of them if they wish to be the subject of the order;

• (b) if the victim or witness is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim or witness wishes to be the subject of the order; and

• (c) in any event, advise the prosecutor of their duty under subsection (5.‍2).

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Duty to inform

(5.‍2) If the prosecutor makes the application, they shall, as soon as feasible after the military judge makes the order, inform the military judge that they have

• (a) informed the victim and the witness who are the subject of the order of its existence;

• (b) determined whether they wish to be the subject of the order; and

• (c) informed them of their right to apply to revoke or vary the order.

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Limitation

(6) An order made under this section does not apply in Insertion start either of the following circumstances Insertion end :

• Insertion start (a) Insertion end  the disclosure of information is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; Insertion start or Insertion end

• Start of inserted block

  (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.

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Limitation — victims and witnesses

(7) An order made under this section does not apply in respect of the disclosure of information by the victim or witness when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim or witness.

Limitation

(4) An order made under this section does not apply in Insertion start either of the following circumstances Insertion end :

• Insertion start (a) Insertion end  the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community; Insertion start or Insertion end

• Start of inserted block

  (b) the disclosure of information is made by a person who is the subject of the order and is about that person and their particulars, in any forum and for any purpose, and they did not intentionally or recklessly reveal the identity of, or reveal particulars likely to identify, any other person whose identity is protected by an order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that other person.

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Limitation — victims, witnesses and other participants

(4.‍1) An order made under this section does not apply in respect of the disclosure of information by the victim, witness or military justice system participant when it is not the purpose of the disclosure to make the information known to the public, including when the disclosure is made to a legal professional, a health care professional or a person in a relationship of trust with the victim, witness or military justice system participant.

Duty to inquire

(6.‍1) If the prosecutor makes an application for an order under subsection (1) or (2), the military judge shall

• (a) if the victim, witness or military justice system participant is present, inquire of them if they wish to be the subject of the order;

• (b) if the victim, witness or military justice system participant is not present, inquire of the prosecutor if, before the application was made, they determined whether the victim, witness or military justice system participant wishes to be the subject of the order; and

• (c) in any event, advise the prosecutor of their duty under subsection (9.‍2).

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Supplementary duty — military judge

(9.‍1) If an order is made, the military judge shall, as soon as feasible, inform the victim, witness and military justice system participant who are the subject of that order of its existence and of their right to apply to revoke or vary it.

Duty to inform

(9.‍2) If the prosecutor makes the application, they shall, as soon as feasible after the military judge makes the order, inform the military judge that they have

• (a) informed the victim, witness and military justice system participant who are the subject of the order of its existence;

• (b) determined whether they wish to be the subject of the order; and

• (c) informed them of their right to apply to revoke or vary the order.

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Application — vary or revoke

183.‍61 (1) If a person who is the subject of an order made under section 183.‍5 or 183.‍6 requests that the prosecutor have it varied or revoked, the prosecutor shall, as soon as feasible, make an application to vary or revoke the order on their behalf.

Order — vary or revoke

(2) If an application to vary or revoke an order made under section 183.‍5 or 183.‍6 is made by the person who is the subject of the order or by any other person, including a prosecutor, who is acting on their behalf, the military judge assigned to preside at the court martial or a military judge designated by the Chief Military Judge shall, without holding a hearing, vary or revoke the order, unless the military judge is of the opinion that to do so may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.

Hearing

(3) If the military judge is of the opinion that varying or revoking the order that is the subject of an application referred to in subsection (2) may affect the privacy interests of any person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person, the military judge shall hold a hearing to determine whether the order should be varied or revoked.

Factor

(4) In order to determine whether the order should be varied, the military judge shall take into account whether it is possible to do so in a manner that protects the privacy interests of any other person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person.

Notice

(5) The applicant is not required to provide notice of the application to vary or revoke the order to the accused.

Submissions

(6) The accused shall not be permitted to make submissions in relation to the application.

Notice of change

(7) If the order is varied or revoked, the prosecutor shall notify the accused.

designated offence means a Insertion start primary Insertion end offence or a Insertion start secondary Insertion end offence.‍ (infraction désignée)

primary offence means

• (a) an offence referred to in any of paragraphs (a) to (e) of the definition primary offence in subsection 490.‍011(1) of the Criminal Code that is punishable under section 130 of this Act; or

• (b) an attempt or conspiracy to commit an offence referred to in paragraph (a).‍ (infraction primaire)

secondary offence means

• (a) an offence referred to in paragraph (a) of the definition secondary offence in subsection 490.‍011(1) of the Criminal Code that is punishable under section 130 of this Act; or

• (b) an attempt or conspiracy to commit an offence referred to in paragraph (a).‍ (infraction secondaire)

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Order

227.‍01 (1)  Insertion start Subject to subsection (5) Insertion end , when a court martial imposes a sentence on a person Insertion start in respect of a Insertion end designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act if

• Start of inserted block

  (a) a sentence of imprisonment of two years or more is imposed for the designated offence or, if the sentence is in respect of more than one offence, the court martial is of the opinion that a sentence of imprisonment of two years or more is justified for the designated offence; and

• (b) the victim of the designated offence is under the age of 18 years.

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Order — previous offence or obligation

(2)  Insertion start Subject to subsection (5) Insertion end , when a court martial imposes a sentence on a person Insertion start in respect of Insertion end a designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of Insertion start paragraphs (a) and (b) Insertion end , the person

• (a) was previously convicted Insertion start under section 130 in respect Insertion end of Insertion start a primary Insertion end offence or Insertion start was previously convicted under Insertion end the Criminal Code Insertion start of a primary offence, as defined Insertion end in subsection 490.‍011(1) of Insertion start that Act; or Insertion end

• Start of inserted block

  (b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

  End of inserted block

Order — other circumstances

(3) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of a designated offence in circumstances in which neither subsection (1) nor (2) applies, or when the court martial finds the person not responsible on account of mental disorder for a designated offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act unless the court martial is satisfied that the person has established that

• (a) there would be no connection between making 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 that Act; or

• (b) the impact of the order on the person, 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.

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Factors

(4) In determining whether to make an order under subsection (3) in respect of a person, the court martial shall consider

• (a) the nature and seriousness of the designated offence;

• (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.

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Limitation — secondary offences

(5) A court martial shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.

Interpretation

( Insertion start 6 Insertion end ) For the Insertion start purposes Insertion end of paragraph ( Insertion start 2 Insertion end )‍(a), a previous conviction includes a conviction for an offence

• (a) for which a person is given an adult sentence, Insertion start as defined in Insertion end subsection 2(1) of the Youth Criminal Justice Act; or

• (b) that is made in ordinary court, Insertion start as defined in Insertion end subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

Duration of order — subsection 227.‍01(1) or (3)

(2) An order made under subsection 227.‍01(1) or ( Insertion start 3 Insertion end )

• (a)  Insertion start subject to subsections (3) and (5) Insertion end , 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)  Insertion start subject to subsections (3) and (5) Insertion end , ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

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.

  End of inserted block

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.

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.

  End of inserted block

Duration of order

( Insertion start 6 Insertion end ) An order made under subsection 227.‍01( Insertion start 2 Insertion end ) applies for life.

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).

  End of inserted block

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.

  End of inserted block

• (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 ( Insertion start 6 Insertion end ).

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 Insertion start they are absolutely discharged under paragraph 672.‍54(a) of the Criminal Code Insertion end .

Termination order

227.‍04 (1) The court martial shall make a termination order if it is satisfied that the person has established that

• Start of inserted block

  (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

  End of inserted block

• Insertion start (b) Insertion end  the impact on Insertion start the person Insertion end 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 Insertion start that is Insertion end to be achieved by the registration of information relating to sex offenders under Insertion start that Act Insertion end .

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.

  End of inserted block

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.

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.

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 Insertion start the Insertion end offence Insertion start listed in the notice Insertion end :

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.

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 Insertion start they are absolutely discharged under paragraph 672.‍54(a) of the Criminal Code Insertion end .

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

• Start of inserted block

  (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

  End of inserted block

• Insertion start (b) Insertion end  the impact on Insertion start the person Insertion end 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 Insertion start that is Insertion end to be achieved by the registration of information relating to sex offenders under the Insertion start that Act Insertion end .

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.

  End of inserted block

• (b) appeal the legality of a decision made under Insertion start section Insertion end 227.‍01 Insertion start or 227.‍02 Insertion end , subsection 227.‍04(1), 227.‍1(4) or 227.‍13(1) or Insertion start section 227.‍22 or 227.‍23 Insertion end of this Act — or appeal a decision made under Insertion start section Insertion end 490.‍012 Insertion start or 490.‍013 or Insertion end subsection 490.‍016(1), 490.‍023(2), 490.‍027(1), 490.‍02905(2) Insertion start or (2.‍2), 490.‍029051(2) or (3) Insertion end , 490.‍02909(1), Insertion start 490.‍029111(2), 490.‍029112(2) or (3) Insertion end , 490.‍02913(1), Insertion start 490.‍04(4) Insertion end or Insertion start (5) or 490.‍05(4) or (5) Insertion end of the Criminal Code — within the required period;

• (b) for the purpose of a proceeding under section 227.‍01 Insertion start or 227.‍02 Insertion end , subsection 227.‍04(1), 227.‍1(4) or 227.‍13(1) or Insertion start section 227.‍22 or 227.‍23 Insertion end 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;

Additional Orders

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.

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.

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.

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.

    End of inserted block

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.

  End of inserted block

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.

  End of inserted block

Reasons for decision

(7) The court martial shall give reasons for its decision.

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.

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.

  End of inserted block

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.

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.

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.

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.

  End of inserted block

Reasons for decision

(6) The court martial shall give reasons for its decision.

Notification

(7) The court martial shall cause the Provost Marshal to be notified of a variation order made under this section.

• (g) the legality of a decision made under Insertion start section Insertion end 227.‍01 Insertion start or 227.‍02 Insertion end ;

• (h) the legality of a decision made under Insertion start section Insertion end 227.‍01 Insertion start or 227.‍02 Insertion end ;

Appeal from order

230.‍2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.‍1 Insertion start or 227.‍22 Insertion end , a termination order under section 227.‍03 or 227.‍12 or Insertion start a variation order under section 227.‍23 Insertion end 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.

Appeal against decision

240.‍5 (1) On the hearing of an appeal respecting the legality of a decision made under Insertion start section Insertion end 227.‍01 Insertion start or 227.‍02 or Insertion end subsection 227.‍04(1), 227.‍1(4) or 227.‍13(1) the Court Martial Appeal Court, or another court hearing the appeal, may

• Insertion start (a) Insertion end  dismiss the appeal; or

• Insertion start (b) Insertion end  allow Insertion start the appeal Insertion end and order a new hearing, quash Insertion start or amend Insertion end the order or make an order that may be made under Insertion start the applicable Insertion end provision.

Appeal against decision — section 227.‍22 or 227.‍23

(1.‍1) On the hearing of an appeal respecting the legality of a decision made under section 227.‍22 or 227.‍23, the Court Martial Appeal Court, or another court hearing the appeal, may

• (a) dismiss the appeal; or

• (b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 227.‍22(5) or section 227.‍23.

  End of inserted block

Requirements relating to notice

(2) If the Court Martial Appeal Court or other court makes an order that may be made under Insertion start section Insertion end 227.‍01, it shall cause the requirements set out in section 227.‍05 to be fulfilled.

Avis au grand prévôt

(3) Si elle rend une ordonnance en application des paragraphes 227.‍04(1) ou 227.‍13(1), la Cour d’appel de la cour martiale — Insertion start ou toute autre juridiction saisie de l’appel Insertion end — veille à ce que le grand prévôt en soit avisé.

Radiation des renseignements

(4) Si elle rend une ordonnance de dispense en application du paragraphe 227.‍1(4), la Cour d’appel de la cour martiale — Insertion start ou toute autre juridiction saisie de l’appel Insertion end — rend aussi l’ordonnance prévue au paragraphe 227.‍1(6).

Removal of information from database

(5) If the Court Martial Appeal Court or other court makes an exemption order that may be made under section 227.‍22, it shall also make the order referred to in subsection 227.‍22(8).

Requirements relating to notice

(6) If the Court Martial Appeal Court or other court quashes an exemption order made under section 227.‍22, 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 section 119.‍1 and sections 4 to 7.‍1 of the Sex Offender Information Registration Act.

Notice — variation order

(7) If the Court Martial Appeal Court or other court quashes or amends a variation order made under section 227.‍23, or makes an order that may be made under that section, it shall cause the Provost Marshal to be notified of the decision.

Appointment

249.‍18 (1) The Insertion start Governor in Council Insertion end may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Defence Counsel Services.

Tenure of office

(2) The Director of Defence Counsel Services holds office during good behaviour for a term of not more than Insertion start seven Insertion end years Insertion start but Insertion end may Insertion start be subject to remedial or disciplinary measures in accordance with section 249.‍181 Insertion end .

Term not renewable

(3) The Director of Defence Counsel Services is Insertion start not Insertion end eligible to be reappointed.

Suspension

(4) On receipt of a request referred to in subsection 249.‍181(1), the Governor in Council may, if the Governor in Council is of the opinion that there are exceptional circumstances that justify it, suspend the Director of Defence Counsel Services from office until the Governor in Council decides whether to impose any remedial or disciplinary measures.

Definition of exceptional circumstances

(5) For the purposes of subsection (4), exceptional circumstances include circumstances in which there are allegations of serious misconduct or allegations related to a risk to occupational health and safety or to a risk of injury to international relations, national defence or national security.

Inquiry

249.‍181 (1) The Minister may request of the Governor in Council that an inquiry be held to determine whether the Director of Defence Counsel Services should be subject to remedial or disciplinary measures for any reason set out in paragraphs (12)‍(a) to (e).

Appointment of judge

(2) On receipt of a request, the Governor in Council may appoint a judge of a superior court to conduct the inquiry.

Powers

(3) The judge has all the powers, rights and privileges that are vested in a superior court, including the power to

• (a) issue a summons requiring any person to appear at the time and place specified in the summons in order to testify about all matters within the person’s knowledge relative to the inquiry and to produce any document or thing relative to the inquiry that the person has or controls; and

• (b) administer oaths and examine any person on oath.

  End of inserted block

Staff

(4) The judge may engage the services of counsel and other persons having technical or specialized knowledge to assist the judge in conducting the inquiry, establish the terms and conditions of their engagement and, with the approval of the Treasury Board, fix and pay their remuneration and expenses.

Inquiry in public

(5) Subject to subsections (6) and (7), the inquiry shall be conducted in public.

Confidentiality of inquiry

(6) The judge may, on application, take any measures and make any order that the judge considers necessary to ensure the confidentiality of the inquiry if, after having considered all available alternative measures, the judge is satisfied that

• (a) there is a real and substantial risk that matters involving international relations, national defence or national security will be disclosed;

• (b) there is a real and substantial risk to the fairness of the inquiry such that the need to prevent disclosure outweighs the societal interest that the inquiry be conducted in public; or

• (c) there is a serious possibility that the life, liberty or security of a person will be endangered.

  End of inserted block

Confidentiality of application

(7) If the judge considers it appropriate, the judge may take any measures and make any order that the judge considers necessary to ensure the confidentiality of a hearing held in respect of an application under subsection (6).

Rules of evidence

(8) The judge is not bound by any legal or technical rules of evidence and may receive, and base a decision on, evidence presented in the proceedings that they consider credible or trustworthy in the circumstances of the case.

Intervenors

(9) An interested party may, with leave of the judge, intervene in the inquiry on any terms and conditions that the judge considers appropriate.

Notice to Director of Defence Counsel Services

(10) The Director of Defence Counsel Services shall be given reasonable notice of the subject matter of the inquiry and of the time and place of any hearing and shall be given an opportunity, in person or by counsel, to be heard at the hearing, to cross-examine witnesses and to present evidence.

Report to Minister

(11) After the inquiry has been completed, the judge shall submit a report containing their findings and recommendations, if any, to the Minister.

Recommendations

(12) The judge may, in the report, recommend that the Director of Defence Counsel Services be suspended without pay or removed from office or that any other disciplinary measure or any remedial measure be taken if, in the judge’s opinion, the Director

• (a) has become incapacitated from the proper execution of that office by reason of infirmity;

• (b) has committed misconduct;

• (c) has failed in the proper execution of that office;

• (d) has been placed, by conduct or otherwise, in a position that is incompatible with the due execution of that office; or

• (e) no longer satisfies the minimum standards and conditions of service applicable to officers.

  End of inserted block

Transmission of report to Governor in Council

(13) The Minister shall send the report to the Governor in Council who may, if the Governor in Council considers it appropriate, suspend the Director of Defence Counsel Services without pay, remove the Director from office or impose any other disciplinary measure or any remedial measure.

Acting Director of Defence Counsel Services

249.‍182 If the Director of Defence Counsel Services is absent or unable to act or the office of Director of Defence Counsel Services is vacant, the Minister may authorize any officer who is a barrister or advocate with standing at the bar of a province to exercise the powers and perform the duties and functions of the Director of Defence Counsel Services, but that officer may act as the Director of Defence Counsel Services for a period of more than 90 days only with the approval of the Governor in Council.

interference complaint means a complaint made under subsection 250.‍19(1) Insertion start or (1.‍1) Insertion end .‍ (plainte pour ingérence)

Obligation to make complaint

250.‍19 (1) Any member of the military police or Insertion start person performing policing duties or functions under the Provost Marshal General’s supervision Insertion end who believes on reasonable grounds that any officer, non-commissioned member or senior official of the Department has improperly interfered with the Insertion start performance of any of the policing duties or functions that are prescribed for the purposes of section 250.‍18 in regulations made by the Governor in Council shall Insertion end make a complaint about that person under this Division.

Right to make complaint

(1.‍1) If they believe on reasonable grounds that an officer, non-commissioned member or senior official of the Department has improperly interfered with the performance of any of the policing duties or functions that are prescribed for the purposes of section 250.‍18 in regulations made by the Governor in Council, any of the following may make a complaint about that person under this Division:

• (a) a victim or other person affected by the performance of the policing duty or function; or

• (b) an individual acting on behalf of a victim referred to in paragraph (a).

  End of inserted block

Complaint about Provost Marshal General

(2) If a conduct complaint is about the conduct of the Provost Marshal Insertion start General Insertion end , the Insertion start Minister, or a person designated by the Minister Insertion end , is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal Insertion start General Insertion end under this Division.

Exception

(2) If the Provost Marshal Insertion start General Insertion end is the subject of the complaint, the review shall be conducted by the Insertion start Minister Insertion end .

Exceptions

(2) If the Chief of the Defence Staff, the Deputy Minister or Insertion start the Provost Marshal General Insertion end is the subject of the complaint, the review shall be conducted by the Minister.

Prosecution — limitation

(1.‍1) A prosecutor shall not commence or continue a prosecution against a person who is the subject of the order unless, in the opinion of the prosecutor,

• (a) the person knowingly failed to comply with the order;

• (b) the privacy interests of another person who is the subject of any order prohibiting the publication in any document or the broadcasting or transmission in any way of information that could identify that person have been compromised; and

• (c) a warning to the individual is not appropriate.

  End of inserted block

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 Insertion start October 26, 2023 Insertion end , the reference in paragraph (2)‍(b) to subsection 490.‍012(3) is a reference to that provision as it read from time to time before that day and Insertion start the reference in that paragraph to subsection 227.‍01(3) of the National Defence Act is a reference to that provision as it read from time to time before Insertion end the day on which Insertion start section 48 of the Military Justice System Modernization Act Insertion end comes into force.

References

(4) In paragraph (3)‍(d), the reference to the definition designated offence Insertion start in subsection 490.‍011(1) of this Act Insertion end is a reference to that definition as it read from time to time before Insertion start October 26, 2023 and the reference to the definition designated offence in section 227 of the National Defence Act is a reference to that definition as it read from time to time before Insertion end the day on which Insertion start section 49 of the Military Justice System Modernization Act Insertion end comes into force.

• (a) an order made under section 490.‍012 on or after April 15, 2011 but before Insertion start October 26, 2023 Insertion end ;

• Start of inserted block

  (a.‍1) an order made under section 227.‍01 of the National Defence Act on or after April 15, 2011 but before the day on which this paragraph comes into force; or

  End of inserted block

• (b) an obligation under section 490.‍02901, or under section 36.‍1 of the International Transfer of Offenders Act, that began before Insertion start October 26, 2023 Insertion end .

Limitation — application

(2) A person is not permitted to apply under paragraph (1)‍(b) if, on or after Insertion start October 26, 2023 Insertion end , they have made an application for an exemption order under section 490.‍02905 or 490.‍029111 in respect of the same obligation.

• (a) a superior court of criminal jurisdiction,

  • Insertion start (i) Insertion end  if the application is made under paragraph (1)‍(a) in respect of an order made by such a court, Insertion start or Insertion end

  • Start of inserted block

    (ii) if the application is made under paragraph (1)‍(a.‍1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.‍22(2) of the National Defence Act; or

    End of inserted block

Limitation — exemption order

(4) The court shall not make an exemption order in respect of an application made under paragraph (1)‍(a) Insertion start or (a.‍1) Insertion end if

• (a)  Insertion start in the case of an order referred to in paragraph (1)‍(a) Insertion end , the designated offence that is the basis of the order was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years;

• Start of inserted block

  (a.‍1) in the case of an order referred to in paragraph (1)‍(a.‍1), the sentence for the designated offence, as defined in section 227 of the National Defence Act, that is the basis of the order is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or

  End of inserted block

• (b) before or after the order Insertion start referred to in paragraph (1)‍(a) or (a.‍1) Insertion end was made, the person

Removal of information from database

(8) If the court 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 490.‍012 Insertion start or under section 227.‍01 of the National Defence Act Insertion end , the notice referred to in section 490.‍02901 or the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act, as the case may be.

• (a) an order made under section 490.‍012, if the order applies for life under subsection 490.‍013(2.‍1), as it read from time to time before Insertion start October 26, 2023 Insertion end ;

• Start of inserted block

  (a.‍1) an order made under section 227.‍01 of the National Defence Act, if the order applies for life under subsection 227.‍02(2.‍1) of that Act, as it read from time to time before the day on which this paragraph comes into force;

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• Start of inserted block

  (b.‍1) an obligation under section 227.‍06 of the National Defence Act, if the obligation applies for life under paragraph 227.‍09(3)‍(d) of that Act and none of the offences listed in the prescribed form served on the person under that Act in respect of the obligation have a maximum term of imprisonment for life;

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• (c) an obligation under section 490.‍02901, if the obligation applies for life under paragraph 490.‍02904(3)‍(d), the obligation began before Insertion start October 26, 2023 Insertion end and the condition set out in paragraph 490.‍029051(1)‍(b) is met; or

• (d) an obligation under section 36.‍1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.‍2(3) of that Act, the obligation began before Insertion start October 26, 2023 Insertion end and the condition set out in paragraph 490.‍029112(1)‍(b) is met.

• (a) a superior court of criminal jurisdiction,

  • Insertion start (i) Insertion end  if the application is made under paragraph (1)‍(a) in respect of an order made by such a court, Insertion start or Insertion end

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    (ii) if the application is made under paragraph (1)‍(a.‍1) or (b.‍1) and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.‍23(2) of the National Defence Act; or

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  (a.‍1) subsection 227.‍02(2) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 227.‍01 of that Act;

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  (b.‍1) paragraphs 227.‍09(3)‍(a) and (b) of the National Defence Act to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 227.‍06 of that Act;

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Removal of information from database

(2) If an appeal court 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 490.‍012 Insertion start or under section 227.‍01 of the National Defence Act Insertion end , the notice referred to in section 490.‍02901 or the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act, as the case may be.

• (xi) section 163.‍1 (child sexual abuse and exploitation material),