An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)

• Marginal note:Absolute discharge

  (3.1) Despite subsections (2) and (3), a person may apply for a termination order once they are absolutely discharged under paragraph 672.54(a).

Marginal note:Termination order

• 490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

  • (a) there would be no connection between continuing the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

  • (b) the impact of continuing the obligation on the person, 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 that Act.

• Marginal note:Factors

  (1.1) In determining whether to make the termination order, the court shall consider

  • (a) the nature and seriousness of the offence that is the basis of the obligation;

  • (b) the victim’s age and other personal characteristics;

  • (c) the nature and circumstances of the relationship between the person and the victim;

  • (d) the personal characteristics and circumstances of the person;

  • (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

  • (f) the opinions of experts who have examined the person; and

  • (g) any other factors that the court considers relevant.

• (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under section 490.016, 490.023, 490.027, 490.02905, 490.029051, 490.02909, 490.029111, 490.029112, 490.02913, 490.04 or 490.05 or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under section 490.012 or 490.013.

• Marginal note:Proof of certain facts by certificate

  (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Offence

490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable

Warrant

Marginal note:Warrant to arrest

• 490.03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.4 authorizing a peace officer to arrest the person and, despite section 7.1 of that Act, bring them to any registration centre to remedy the contravention.

• Marginal note:Conditions

  (2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.

• Marginal note:Execution of warrant

  (3) The warrant may be executed anywhere in Canada.

• Marginal note:Warrant in force

  (4) The warrant remains in force until it is executed, until a charge under section 490.031 is laid in respect of the contravention or until the person has remedied the contravention.

• Marginal note:No charge

  (5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.1 of that Act that is remedied by the person after the warrant is issued.

Additional Orders

Marginal note:Application for exemption order

• 490.04 (1) A person may apply to a court for an order exempting them from

  • (a) an order made under section 490.012 on or after April 15, 2011 but before the day on which this paragraph comes into force; or

  • (b) an obligation under section 490.02901, or under section 36.1 of the International Transfer of Offenders Act, that began before the day on which this paragraph comes into force.

• Marginal note:Limitation — application

  (2) A person is not permitted to apply under paragraph (1)(b) if, on or after the day on which this subsection comes into force, they have made an application for an exemption order under section 490.02905 or 490.029111 in respect of the same obligation.

• Marginal note:Jurisdiction

  (3) The application shall be made to

  • (a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or

  • (b) a court of criminal jurisdiction, in any other case.

• Marginal note:Limitation — exemption order

  (4) The court shall not make an exemption order in respect of an application made under paragraph (1)(a) if

  • (a) the designated offence that is the basis of the order made under section 490.012 was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or

  • (b) before or after the order under section 490.012 was made, the person

    • (i) was convicted of a primary offence — or convicted of an offence under section 130 of the National Defence Act in respect of a primary offence — that is not the offence on the basis of which the order was made, or

    • (ii) is or was, as a result of a conviction, subject to another order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

• Marginal note:Exemption order

  (5) Subject to subsection (4), the court shall make an exemption order if it is satisfied that the person has established that, at the time the order was made or the obligation began,

  • (a) there was no connection between the order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

  • (b) the impact of the order or the obligation on the person, including on their privacy or liberty, was 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 that Act.

• Marginal note:Factors

  (6) In determining whether to make the exemption order, the court shall consider

  • (a) the nature and seriousness of the offence that is the basis of the order or obligation;

  • (b) the victim’s age and other personal characteristics;

  • (c) the nature and circumstances of the relationship between the person and the victim;

  • (d) the personal characteristics and circumstances of the person;

  • (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

  • (f) the opinions of experts who have examined the person; and

  • (g) any other factors that the court considers relevant.

• Marginal note:Reasons for decision

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

• Marginal note:Removal of information from database

  (8) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.

Marginal note:Application for variation order

• 490.05 (1) A person may apply to a court for an order to vary the duration of

  • (a) an order made under section 490.012, if the order applies for life under subsection 490.013(2.1), as it read from time to time before the day on which this paragraph comes into force;

  • (b) an obligation under section 490.019, if the obligation applies for life under paragraph 490.022(3)(d) and none of the offences listed in the notice in Form 53 served on the person in respect of the obligation have a maximum term of imprisonment for life;

  • (c) an obligation under section 490.02901, if the obligation applies for life under paragraph 490.02904(3)(d), the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029051(1)(b) is met; or

  • (d) an obligation under section 36.1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.2(3) of that Act, the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.029112(1)(b) is met.

• Marginal note:Limitation

  (2) A person is not permitted to apply under paragraph (1)(c) or (d) if they have made an application for a variation order under section 490.029051 or 490.029112 in respect of the same obligation.

• Marginal note:Jurisdiction

  (3) The application shall be made to

  • (a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)(a) in respect of an order made by such a court; or

  • (b) a court of criminal jurisdiction, in any other case.

• Marginal note:Variation order

  (4) The court shall make the variation order if it is satisfied that the person has established that the offences that are the basis of the order or obligation do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.

• Marginal note:Variation of duration

  (5) If the court makes a variation order, it shall set out the duration of the order or obligation in the order, which shall be determined by applying

  • (a) subsection 490.013(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 490.012;

  • (b) paragraphs 490.022(3)(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 490.019;

  • (c) paragraphs 490.02904(3)(a) and (b) to the offence in question whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 490.02901; and

  • (d) paragraphs 36.2(2)(a) and (b) of the International Transfer of Offenders Act to the offence in question whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 36.1 of that Act.

• Marginal note:Reasons for decision

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

• Marginal note:Notification

  (7) The court 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 a variation order made under this section.

Marginal note:Appeal

• 490.06 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.04(4) or (5) or 490.05(4) or (5) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

  • (a) dismiss the appeal; or

  • (b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.04(5) or section 490.05.

• Marginal note:Removal of information from database

  (2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.012, the notice referred to in section 490.02901 or the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, as the case may be.

Marginal note:Requirements relating to notice

• 490.07 (1) If an appeal court quashes an exemption 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, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order 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.

• Marginal note:Notice — variation order

  (2) If an appeal court quashes a variation 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, in which the application for the order was made to be notified of the decision.