Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-03-31 and last amended on 2015-03-31. Previous Versions

Marginal note:Termination order
  •  (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the 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. 25;
  • 2010, c. 17, s. 17.
Marginal note:Deemed application

 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 26.
Marginal note:Appeal
  •  (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(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 490.027(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. 26;
  • 2010, c. 17, s. 18.

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada

Marginal note:Obligation

 A person who is served with a notice in Form 54 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.02904 unless a court makes an exemption order under subsection 490.02905(2).

  • 2010, c. 17, s. 19.