Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-11-11 and last amended on 2014-09-19. Previous Versions

Marginal note:Termination order
  •  (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them 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, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

  • Marginal note:Reasons for decision

    (2) The court shall give reasons for its decision.

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 16;
  • 2010, c. 17, s. 9.
Marginal note:Appeal
  •  (1) The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) 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 termination order or make an order that may be made under that subsection.

  • 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 Commissioner of the Royal Canadian Mounted Police and 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.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 17;
  • 2010, c. 17, s. 10.
Marginal note:Requirements relating to notice
  •  (1) When a court or appeal court makes an order under section 490.012, it shall cause

    • (a) the order to be read by or to the person who is subject to it;

    • (b) a copy of the order to be given to that person;

    • (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

    • (d) a copy of the order to be sent to

      • (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

      • (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable,

      • (iii) the police service whose member charged that person with the offence in connection with which the order is made, and

      • (iv) the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:Endorsement

    (2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.

  • Marginal note:Notice on disposition by Review Board

    (3) A Review Board shall cause a copy of the order to be given to the person who is subject to it 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.

  • Marginal note:Notice before release

    (4) The person in charge of the place in which the person 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 order not earlier than 10 days before their release or discharge.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 18;
  • 2010, c. 17, s. 11.