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 or an accused 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.

Authority to act for Judge Advocate General

10 The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose, but that officer may act as the Judge Advocate General for a period of more than 120 days only with the approval of the Governor in Council.

• (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, they may not have effect

Appointment

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

Appointment within limited period

(1.‍1) The appointment must be made within 120 days of the day on which the office of Provost Marshal General becomes vacant.

Rank

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

Tenure of office

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

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

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 General is responsible to the Minister in the performance of the responsibilities described in paragraphs 18.‍4(a) to (d).

General instructions or guidelines

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

Annual report

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

Offences not triable by courts martial

70 Subject to subsection (2), a court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada:

• (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.

Choice of victim

(2) Despite any other provision of this Act and any other law, the victim of an offence referred to in any of paragraphs (1)‍(d) to (h), or an individual acting on their behalf, may choose whether the person charged with the offence is to be tried by a court martial or a civil court.

Determination on jurisdiction

70.‍01 (1) Despite section 70, a civil court may, at the request of a victim of an offence referred to in any of paragraphs 70(2)‍(d) to (h) or of an individual acting on their behalf, determine that a court martial should have jurisdiction to try the person charged if the court is of the opinion that it would not interfere with the proper administration of justice.

Factors to be considered

(2) In determining whether a court martial should have jurisdiction to try the person charged, the civil court shall consider the nature of the offence and the circumstances in which it was committed, as well as any other relevant factor, including whether

• (a) at the time of the commission of the alleged offence, the person charged was on duty or on a site under the authority of the Canadian Forces;

• (b) the victim explicitly expressed the wish to not have the matter transferred to a civil court and was subjected to any form of pressure that might influence a potential transfer to the court martial; and

• (c) the victim was informed of their rights and of the potential consequences of the court martial’s having jurisdiction in the matter.

  End of inserted block

Exception — investigative measures

70.‍1 (1)  Insertion start Despite any other provision of this Act and any other law, an officer or non-commissioned member may exercise Insertion end their powers or Insertion start perform Insertion end 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(2)‍(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.

Evidence relating to the offence

(2)  Insertion start Despite any other provision of this Act and any other law Insertion end , an officer or non-commissioned member Insertion start may secure Insertion end or Insertion start preserve Insertion end 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(2)‍(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), Insertion start unless the victim of the offence or an individual acting on their behalf has requested under subsection 70(2) that the person be tried by a court martia Insertion end l.

Unreasonable delay — transfer of evidence

(5) Every officer or non-commissioned member who wilfully or negligently causes an unreasonable delay in the transfer of evidence secured or preserved under any of subsections (1) to (3) to the custody of the civilian authority having jurisdiction in the matter or in the disclosure of all such evidence to the counsel representing the accused commits an offence under section 124.

Exception — private prosecutions

70.‍2  Insertion start Despite any other provision of this Act and any other law Insertion end , an officer or non-commissioned member may Insertion start initiate Insertion end or Insertion start conduct Insertion end a private prosecution in relation to an offence referred to in any of paragraphs 70(2) to (h).

Sunset provision

70.‍3 (1) Paragraphs 70(2)‍(d) to (h) and sections 70.‍1 and 70.‍2 cease to have effect at the end of the fourth anniversary of the day on which the Military Justice System Modernization Act receives royal assent unless, before the end of that fourth anniversary, the operation of those provisions is extended by resolution — whose text is established under subsection (4) — passed by both Houses of Parliament in accordance with the rules set out in subsection (5).

Review by committee

(2) A comprehensive review of paragraphs 70(2)‍(d) to (h) and sections 70.‍1 and 70.‍2 and their operation is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

Report

(3) The committee must, no later than one year before the anniversary referred to in subsection (1), submit a report on the review to the appropriate House of Parliament, or to both Houses, as the case may be, including its recommendation with respect to extending the operation of the provisions referred to in subsection (1).

Order in council

(4) The Governor in Council may, by order, establish the text of a resolution that provides for the extension of the operation of the provisions referred to in subsection (1) and that specifies the period of the extension, which may not exceed four years from the first day on which the resolution has been passed by both Houses of Parliament.

Rules

(5) A motion for the adoption of the resolution may be debated in both Houses of Parliament but may not be amended. At the conclusion of the debate, the Speaker of the House of Parliament must immediately put every question necessary to determine whether or not the motion is concurred in.

Tabling of plan — office of the inspector general for sexual misconduct

70.‍4 (1) The Minister shall cause to be tabled in each House of Parliament, within six months after the day on which the Military Justice System Modernization Act receives royal assent or, if a House is not then sitting, on any of the first 10 days of the next sitting of that House, a plan for the establishment of an office of the inspector general for sexual misconduct in the Canadian Forces.

Consultations

(2) In developing the plan, the Minister shall consult with interested persons and organizations, including representatives of survivors of sexual assault in the Canadian Forces, sexual assault victim support organizations, military personnel management, internal support services and mental health experts.

Contents of plan

(3) The plan shall take into account any submissions made by the persons or groups referred to in subsection (2) and shall include measures respecting

• (a) the appointment of a civilian to the position of inspector general;

• (b) the structure of the office of the inspector general and the employees who would be necessary to carry out the activities of the office;

• (c) the term and tenure of the inspector general; and

• (d) the mandate and powers, duties and functions of the inspector general, including in relation to support for victims, the identification of systemic problems within the Canadian Forces and recommendations for reform.

  End of inserted block

Report

70.‍5 If, within 12 months after the day on which the plan is tabled under subsection 70.‍4(1), the Minister has not caused to be introduced in either House of Parliament a bill that provides for the establishment of an office of the inspector general for sexual misconduct in the Canadian Forces, the Minister shall, as soon as feasible after the end of that period, cause to be tabled in each House of Parliament a report that sets out the reasons for the delay and the expected timeline for the introduction of the bill.

Victim’s liaison officer

71.‍16 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, 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 or individual 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 or individual to be their liaison officer.

Replacement

(1.‍1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim or an individual acting on their behalf, appoint another officer or non-commissioned member to replace the liaison officer appointed under subsection (1).

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

Trauma-informed approach

(4) Every person involved in the investigation or prosecution of an offence referred to in any of paragraphs 70(2)‍(d) to (h) that was, or is alleged to have been, committed in Canada, including the victim’s liaison officer, shall, to the extent possible, have the training or experience that enables them to take a trauma-informed approach.

Duty to advise victim

(5) If a person referred to in subsection (4) is not trained or experienced in working from a trauma-informed perspective, they must advise the victim.

Accused’s liaison officer

71.‍161 (1) Unless they are of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of a person who is alleged to have committed a service offence, or an individual acting on their behalf, 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 accused or individual 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 accused or the individual to be their liaison officer.

Absence or incapacity

(2) In the event of the absence or incapacity of the accused’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons.

Role of accused’s liaison officer

(3) Assistance by an accused’s liaison officer consists of

• (a) explaining to the accused 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 accused information relating to a service offence that the accused has requested and to which the accused has a right.

  End of inserted block

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) or (1.‍01) — 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 L’audience sommaire ne peut commencer que dans les six mois suivant la date de la commission présumée du manquement d’ordre militaire auquel elle se rapporte.

Appointment

165.‍1 (1) The Governor in Council 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.

Appointment within limited period

(1.‍1) The appointment must be made within 120 days of the day on which the office of Director of Military Prosecutions becomes vacant.

Tenure of office

(2) The Director of Military Prosecutions holds office during good behaviour for a term of not more than seven years but may be Insertion start removed by the Governor in Council at any time for cause Insertion end with Insertion start the support of a resolution of the House of Commons Insertion end to Insertion start that effect Insertion end .

Term not renewable

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

(4) [Deleted]

(5) [Deleted]

Acting Director of Military Prosecutions

165.‍16 If the Director of Military Prosecutions is absent or unable to act or the office of Director of Military Prosecutions 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 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.

Exception

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

Copies to Minister

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

Appointment

165.‍21 (1) The Governor in Council may appoint any officer or non-commissioned member Insertion start or former officer 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 or was Insertion end a member of the Canadian Forces for at least ten years to be a military judge.

Release from Canadian Forces

(1.‍1) An officer or non-commissioned member who is appointed to be a military judge is to be released from the Canadian Forces on their appointment.

Panel established

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

Reserve force military judge

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

Appointment within limited period

(1.‍1) The designation must be made within 120 days of the day on which the office of Chief Military Judge becomes vacant.

• (i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.‍1, 155, 160, 162, 162.‍1, 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 dans les meilleurs délais la victime et tout témoin âgé 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 tout témoin âgé de moins de dix-huit ans lui en fait la demande;

• (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.

• (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.

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).

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.

Limitation

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

• (a) 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; or

• (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.

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 either of the following circumstances:

• (a) 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; or

• (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.

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).

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.

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 primary offence or a secondary 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)

Order

227.‍01 (1) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of 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

• (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.

Order — previous offence or obligation

(2) Subject to subsection (5), when a court martial imposes a sentence on a person in respect of 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 paragraphs (a) and (b), the person

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

• (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.

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.

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.

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

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

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

• (b) that is made in ordinary court, as defined in 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 (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

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.

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.

Duration of order

(6) An order made under subsection 227.‍01(2) 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).

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.

• (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).

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.

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.

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.

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 the offence listed in the notice:

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

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.

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.

• (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;

• (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;

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.

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.

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.

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.

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.

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 section 227.‍01 or 227.‍02;

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

Appeal from order

230.‍2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.‍1 or 227.‍22, a termination order under section 227.‍03 or 227.‍12 or a variation order under section 227.‍23 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 section 227.‍01 or 227.‍02 or subsection 227.‍04(1), 227.‍1(4) or 227.‍13(1) 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 order or make an order that may be made under the applicable 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.

Requirements relating to notice

(2) If the Court Martial Appeal Court or other court makes an order that may be made under section 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 — ou toute autre juridiction saisie de l’appel — 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 — ou toute autre juridiction saisie de l’appel — 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 Governor in Council 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.

Appointment within limited period

(1.‍1) The appointment must be made within 120 days of the day on which the office of Director of Defence Counsel Services becomes vacant.

Tenure of office

(2) The Director of Defence Counsel Services holds office during good behaviour for a term of not more than seven years but may be Insertion start removed by the Governor in Council at any time for cause Insertion end with Insertion start the support of a resolution of the House of Commons Insertion end to Insertion start that effect Insertion end .

Term not renewable

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

(4) [Deleted]

(5) [Deleted]

249.‍181 [Deleted]

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.

Duties and functions

249.‍19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline, who have been charged with having committed a service infraction, or who are charged with an offence referred to in any of paragraphs 70(2)‍(d) to (h) that is alleged to have been committed while the person charged was acting in their role as a member of the Canadian Forces.

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

Obligation to make complaint

250.‍19 (1) Any member of the military police or person performing policing duties or functions under the Provost Marshal General’s supervision who believes on reasonable grounds that any 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 shall 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).

Complaint about Provost Marshal General

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

Exception

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

Exceptions

(2) If the Chief of the Defence Staff, the Deputy Minister or the Provost Marshal General 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.

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 October 26, 2023, 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 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 the day on which section 48 of the Military Justice System Modernization Act comes into force.

References

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

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

• (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

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

Limitation — application

(2) A person is not permitted to apply under paragraph (1)‍(b) if, on or after October 26, 2023, 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,

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

  • (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

Limitation — exemption order

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

• (a) in the case of an order referred to in paragraph (1)‍(a), 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;

• (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

• (b) before or after the order referred to in paragraph (1)‍(a) or (a.‍1) 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 or under section 227.‍01 of the National Defence Act, 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 October 26, 2023;

• (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;

• (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;

• (c) an obligation under section 490.‍02901, if the obligation applies for life under paragraph 490.‍02904(3)‍(d), the obligation began before October 26, 2023 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 October 26, 2023 and the condition set out in paragraph 490.‍029112(1)‍(b) is met.

• (a) a superior court of criminal jurisdiction,

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

  • (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

• (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;

• (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;

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 or under section 227.‍01 of the National Defence Act, 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),