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Criminal Code

Version of section 490.023 from 2004-12-15 to 2008-09-11:


Marginal note:Application for exemption order

  •  (1) A person who is not subject to an order under section 490.012 may, within one year after the day on which they are served with a notice under section 490.021, apply to any court of criminal jurisdiction for an order exempting them from the obligation under section 490.019.

  • Marginal note:Exemption order

    (2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective 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

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

  • Marginal note:Effect of exemption order

    (4) If the court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.

  • 2004, c. 10, s. 20

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