Marginal note:Persons who may be served
490.02 (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), (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,
(i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and
(2) A notice shall not be served on a person
(a) referred to in paragraph (1)(a) or (b) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph;
(b) referred to in paragraph (1)(a) or (b) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or
(c) 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.
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