Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-05-11 and last amended on 2015-04-10. Previous Versions

Marginal note:Application for exemption order
  •  (1) A person who is served with a notice in Form 54 under section 490.02903 may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after they are served.

  • Marginal note:Exemption order

    (2) The court

    • (a) shall make an exemption order if it is satisfied that the person has established that

      • (i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or

      • (ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1); and

    • (b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).

  • Marginal note:Reasons for decision

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

  • Marginal note:Removal of information from database

    (4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • Marginal note:Notification

    (5) If the court makes an order referred to in paragraph (2)(b), 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.

  • 2010, c. 17, s. 19.
Marginal note:Appeal
  •  (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

    • (a) dismiss the appeal;

    • (b) allow the appeal and order a new hearing;

    • (c) quash the exemption order; or

    • (d) make an order that may be made under that subsection.

  • Marginal note:Removal of information from database

    (2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

  • 2010, c. 17, s. 19.