Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-03-28 and last amended on 2015-07-23. Previous Versions

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order
  •  (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

  • Marginal note:Order  — if intent established

    (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition designated offence in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act;

    • (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.

  • Marginal note:Failure to make order

    (4) If the court does not consider the matter under subsection (1) or (3) at that time, the court

    • (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;

    • (b) retains jurisdiction over the matter; and

    • (c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 13;
  • 2010, c. 17, s. 5;
  • 2014, c. 25, s. 26.
Marginal note:Date order begins
  •  (1) An order made under section 490.012 begins on the day on which it is made.

  • Marginal note:Duration of order

    (2) An order made under subsection 490.012(1) or (2)

    • (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

    • (c) applies for life if the maximum term of imprisonment for the offence is life.

  • Marginal note:Duration of order

    (2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1).

  • Marginal note:Duration of order

    (3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.

  • Marginal note:Duration of order

    (4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.

  • Marginal note:Duration of order

    (5) An order made under subsection 490.012(3) applies for life.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 14;
  • 2010, c. 17, s. 6;
  • 2014, c. 25, s. 27.
Marginal note:Appeal

 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.

  • 2004, c. 10, s. 20;
  • 2010, c. 17, s. 7.
Marginal note:Application for termination order
  •  (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(2.1), (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 or record suspension

    (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.

  • 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 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders 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 or once a record suspension is ordered. 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.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 15;
  • 2010, c. 17, s. 8;
  • 2012, c. 1, s. 142.
 
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