Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-06-06 and last amended on 2015-07-23. Previous Versions

Marginal note:Notice before release
  •  (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.

  • Marginal note:Notice on disposition by Review Board

    (2) A Review Board shall cause a copy of the Form 1 to be given to the person when it directs

    • (a) under paragraph 672.54(a), that the person be discharged absolutely; or

    • (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.

  • 2010, c. 17, s. 19.

Disclosure of Information

Marginal note:Disclosure
  •  (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database

    • (a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding under section 490.012; or

    • (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).

  • Marginal note:Disclosure in connection with proceedings

    (2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database.

  • Marginal note:Disclosure in proceedings

    (3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.

  • (4) [Repealed, 2007, c. 5, s. 27]

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 27;
  • 2010, c. 17, s. 20.

Offences

Marginal note:Offence
  •  (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with 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 is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Reasonable excuse

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

  • Marginal note:Proof of certain facts by certificate

    (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender 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) — 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.

  • Marginal note:Attendance and cross-examina­tion

    (4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce

    (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 28;
  • 2010, c. 17, s. 21.
Marginal note:Offence

 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

  • 2007, c. 5, s. 29;
  • 2010, c. 17, s. 22.
Marginal note:Offence

 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.

  • 2010, c. 17, s. 23.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) requiring that additional information be contained in a notice under Form 53 or Form 54; and

  • (b) prescribing, for one or more provinces, the form and content of that information.

  • 2004, c. 10, s. 20;
  • 2010, c. 17, s. 24.

Forfeiture of Offence-related Property

Marginal note:Order of forfeiture of property on conviction
  •  (1) Subject to sections 490.3 to 490.41, if a person is convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that any property is offence-related property and that the offence was committed in relation to that property, the court shall

    • (a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

  • (1.1) [Repealed, 2001, c. 41, s. 130]

  • Marginal note:Property related to other offences

    (2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person has been convicted was committed in relation to property in respect of which an order of forfeiture would otherwise be made under subsection (1) but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Appeal

    (3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 30, c. 41, ss. 18, 130;
  • 2007, c. 13, s. 8.
Marginal note:Application for in rem forfeiture
  •  (1) If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

  • Marginal note:Order of forfeiture of property

    (2) Subject to sections 490.3 to 490.41, the judge to whom an application is made under subsection (1) shall order that the property that is subject to the application be forfeited and disposed of in accordance with subsection (4) if the judge is satisfied

    • (a) beyond a reasonable doubt that the property is offence-related property;

    • (b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and

    • (c) that the accused charged with the offence has died or absconded.

  • Marginal note:Accused deemed absconded

    (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if

    • (a) an information has been laid alleging the commission of the offence by the accused,

    • (b) a warrant for the arrest of the accused has been issued in relation to that information, and

    • (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued,

    and the accused is deemed to have so absconded on the last day of that six month period.

  • Marginal note:Who may dispose of forfeited property

    (4) For the purpose of subsection (2), the judge shall

    • (a) where the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of by the Attorney General or Solicitor General of that province in accordance with the law; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of by the member of the Queen’s Privy Council for Canada that may be designated for the purpose of this paragraph in accordance with the law.

  • Marginal note:Property outside Canada

    (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Definition of judge

    (5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction.

  • 1997, c. 23, s. 15;
  • 2001, c. 32, s. 31;
  • 2007, c. 13, s. 9.
 
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