Section 11.8 of the CBA (2005 version -- were there any updates or amendments?):
11.8 Individually Negotiated Limitations on Player Movement.
(a) The SPC of any Player who is a Group 3 Unrestricted Free Agent under Article 10.1(a) may contain a no-Trade or a no-move clause. SPCs containing a no-Trade or a no-move clause may be entered into prior to the time that the Player is a Group 3 Unrestricted Free Agent so long as the SPC containing the no-Trade or no-move clause extends through and does not become effective until the time that the Player qualifies for Group 3 Unrestricted Free Agency. If the Player is Traded or claimed on Waivers prior to the no-Trade or no-move clause taking effect, the clause does not bind the acquiring Club. An acquiring Club may agree to continue to be bound by the no-Trade or no-move clause, which agreement shall be evidenced in writing to the Player, Central Registry and the NHLPA, in accordance with Exhibit 3 hereof.
(b) A no-move clause may prevent the involuntary relocation of a Player, whether by Trade, Loan or Waiver claim. A no-move clause, however, may not restrict the Club's buy-out and termination rights as set forth in this Agreement. Prior to exercising its Ordinary Course Buy-Out rights pursuant to Paragraph 13 of the SPC hereof, the Club shall, in writing in accordance with the notice provisions in Exhibit 3 hereof, provide the Player with the option of electing to be placed on Waivers. The Player will have twenty-four (24) hours from the time he receives such notice to accept or reject that option at his sole discretion, and shall so inform the Club in writing, in accordance with the notice provisions in Exhibit 3 hereof, within such twenty-four (24) hour period. If the Player does not timely accept or reject that option, it will be deemed rejected.
The only condition under which the acquiring team has an
option to honor or reject the NTC/NMC is when the clause had not gone into effect at the time of the trade (a player not having yet met all the conditions of being a Group 3 UFA.
As far as I know, Heatley was already a Group 3 UFA-eligible player, so the NTC/NMC would have been already in effect.
Just to be sure, I checked the definition of the Group 3 UFA:
10.1 Unrestricted Free Agents.
(a) Group 3 Players and Free Agents.
(i) For (A) the 2005-06 League Year, any Player who is 31 years of age or older and has four (4) Accrued Seasons as of June 30 of the end of the 2004-05 League Year, (B) the 2006-07 League Year, any Player who either has eight (8) Accrued Seasons or is 29 years of age or older as of June 30 of the end of the 2005-06 League Year, (C) the 2007-08 League Year, any Player who either has seven (7) Accrued Seasons or is 28 Years of age or older as of June 30 of the end of the 2006-07 League Year, and (D) the 2008-09, 2009-10, 2010-11 League Years, any Player who either has seven (7) Accrued Seasons or is 27 years of age or older as of June 30 of the end of the 2007-08, 2008-09, 2009-10 League Year, shall, if his most recent SPC has expired, with such expiry occurring either as of June 30 of the applicable League Year or June 30 of any prior League Year, become an Unrestricted Free Agent. Such Player shall be completely free to negotiate and sign an SPC with any Club, and any Club shall be completely free to negotiate and sign an SPC with such Player, without penalty or restriction, or being subject to any Right of First Refusal, Draft Choice Compensation or any other compensation or equalization obligation of any kind.
Even if the lockout year did not count as NHL service year (which, I believe, it did) the 2008/09 season was Heatley's 7th in the league. He was also 28 as of June 30 this year.
So he is Group 3 eligible. Bottom line, there is nothing that prevents his NTC/NMC from coming into effect, and once they are in effect, a trade or the player being picked off waivers does not change that status.