Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-06-22 and last amended on 2015-06-18. Previous Versions

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004

Marginal note:Obligation to comply

 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).

  • 2004, c. 10, s. 20.
Marginal note:Persons who may be served
  •  (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and

    • (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or

    • (b) in any other case,

  • Marginal note:Exception

    (2) A notice shall not be served on a person

    • (a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;

    • (b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or

    • (c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 20.
Marginal note:Period for and method of service
  •  (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.

  • Marginal note:Exception

    (2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.

  • Marginal note:Exception

    (3) If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.

  • Marginal note:Exception

    (4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.

  • Marginal note:Proof of service

    (5) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

    • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

    • (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

    • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

  • Marginal note:Requirements relating to notice

    (6) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 21.