Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

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.