An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)
Full Document:
- HTMLFull Document: An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act |
- PDFFull Document: An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act [306 KB]
Assented to 2007-03-29
Marginal note:2004, c. 10, s. 20
15. Section 490.015 of the Act is replaced by the following:
Marginal note:Application for termination order
490.015 (1) A person who is subject to an order may apply for a termination order
(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(3) or (5).
Marginal note:Multiple orders
(2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.
Marginal note:Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Marginal note:Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, the application shall also be in relation to that obligation.
Marginal note:Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Marginal note:Jurisdiction
(6) The application shall be made to
(a) a superior court of criminal jurisdiction if
(i) one or more of the orders to which it relates were made by such a court under section 490.012, or
(ii) one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or
(b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.
Marginal note:2004, c. 10, s. 20
16. (1) Subsection 490.016(1) of the Act is replaced by the following:
Marginal note:Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
(2) Section 490.016 of the Act is amended by adding the following after subsection (2):
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.
17. Section 490.017 of the Act is renumbered as subsection 490.017(1) and is amended by adding the following:
Marginal note:Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.
Marginal note:2004, c. 10, s. 20
18. (1) Paragraph 490.018(1)(c) of the Act is replaced by the following:
(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and
Marginal note:2004, c. 10, s. 20
(2) Paragraph 490.018(3)(b) of the Act is replaced by the following:
(b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
Marginal note:2004, c. 10, s. 20
19. The heading before section 490.019 of the Act is replaced by the following:
Notice and Obligation to Comply with the Sex Offender Information Registration Act
Marginal note:2004, c. 10, s. 20
20. (1) The portion of subsection 490.02(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Persons who may be served
490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and
Marginal note:2004, c. 10, s. 20
(2) Paragraphs 490.02(2)(a) and (b) of the Act are replaced by the following:
(a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;
(b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or
Marginal note:2004, c. 10, s. 20
(3) Paragraph 490.02(2)(c) of the English version of the Act is replaced by the following:
(c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
Marginal note:2004, c. 10, s. 20
21. (1) Subsection 490.021(1) of the French version of the Act is replaced by the following:
Marginal note:Signification
490.021 (1) L’avis est signifié à personne dans l’année qui suit la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.
Marginal note:2004, c. 10, s. 20
(2) Subsection 490.021(2) of the Act is replaced by the following:
Marginal note:Exception
(2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.
Marginal note:2004, c. 10, s. 20
22. (1) Paragraphs 490.022(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or
(b) when an exemption order is quashed.
Marginal note:2004, c. 10, s. 20
(2) Paragraphs 490.022(3)(a) and (b) of the Act are replaced by the following:
(a) ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;
Marginal note:2004, c. 10, s. 20
(3) Paragraph 490.022(3)(c) of the English version of the Act is replaced by the following:
(c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or
Marginal note:2004, c. 10, s. 20
(4) Paragraph 490.022(3)(d) of the Act is replaced by the following:
(d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.
- Date modified: