Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2016-05-12 and last amended on 2015-07-23. Previous Versions

Marginal note:Termination order
  •  (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an 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. 16;
  • 2010, c. 17, s. 9.
Marginal note:Appeal
  •  (1) The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(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 490.016(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. 17;
  • 2010, c. 17, s. 10.
Marginal note:Requirements relating to notice
  •  (1) When a court or appeal court makes an order under section 490.012, it shall cause

    • (a) the order to be read by or to the person who is subject to it;

    • (b) a copy of the order to be given to that person;

    • (c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and

    • (d) a copy of the order to be sent to

      • (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

      • (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable,

      • (iii) the police service whose member charged that person with the offence in connection with which the order is made, and

      • (iv) the Commissioner of the Royal Canadian Mounted Police.

  • Marginal note:Endorsement

    (2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.

  • Marginal note:Notice on disposition by Review Board

    (3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs

    • (a) under paragraph 672.54(a), that the person be discharged absolutely; or

    • (b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

  • Marginal note:Notice before release

    (4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.

  • 2004, c. 10, s. 20;
  • 2007, c. 5, s. 18;
  • 2010, c. 17, s. 11.

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

  • 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.
 
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