Marginal note:2004, c. 10, s. 20

15. Section 490.015 of the Act is replaced by the following:

Marginal note:2004, c. 10, s. 20

• 16. (1) Subsection 490.016(1) of the Act is replaced by the following:

  Marginal note:Termination order

  • 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, 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.

• (2) Section 490.016 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Requirements relating to notice

    (3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.

17. Section 490.017 of the Act is renumbered as subsection 490.017(1) and is amended by adding the following:

Marginal note:2004, c. 10, s. 20

• 18. (1) Paragraph 490.018(1)(c) of the Act is replaced by the following:

  • (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

• Marginal note:2004, c. 10, s. 20

  (2) Paragraph 490.018(3)(b) of the Act is replaced by the following:

  • (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:2004, c. 10, s. 20

19. The heading before section 490.019 of the Act is replaced by the following:

Marginal note:2004, c. 10, s. 20

• 20. (1) The portion of subsection 490.02(1) of the Act before paragraph (a) is replaced by the following:

  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), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and

• Marginal note:2004, c. 10, s. 20

  (2) Paragraphs 490.02(2)(a) and (b) of the Act are replaced by the following:

  • (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

• Marginal note:2004, c. 10, s. 20

  (3) Paragraph 490.02(2)(c) of the English version of the Act is replaced by the following:

  • (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.

Marginal note:2004, c. 10, s. 20

• 21. (1) Subsection 490.021(1) of the French version of the Act is replaced by the following:

  Marginal note:Signification

  • 490.021 (1) L’avis est signifié à personne dans l’année qui suit la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.

• Marginal note:2004, c. 10, s. 20

  (2) Subsection 490.021(2) of the Act is replaced by the following:

  • 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:2004, c. 10, s. 20

• 22. (1) Paragraphs 490.022(1)(a) and (b) of the English version of the Act are replaced by the following:

  • (a) either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or

  • (b) when an exemption order is quashed.

• Marginal note:2004, c. 10, s. 20

  (2) Paragraphs 490.022(3)(a) and (b) of the Act are replaced by the following:

  • (a) ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

  • (b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

• Marginal note:2004, c. 10, s. 20

  (3) Paragraph 490.022(3)(c) of the English version of the Act is replaced by the following:

  • (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

• Marginal note:2004, c. 10, s. 20

  (4) Paragraph 490.022(3)(d) of the Act is replaced by the following:

  • (d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.