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Criminal Code (R.S.C., 1985, c. C-46)

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Act current to 2021-11-17 and last amended on 2021-08-27. Previous Versions

PART XVSpecial Procedure and Powers (continued)

Other Provisions Respecting Search Warrants, Preservation Orders and Production Orders (continued)

Marginal note:Perishable things

 Where any thing seized pursuant to this Act is perishable or likely to depreciate rapidly, the person who seized the thing or any other person having custody of the thing

  • (a) may return it to its lawful owner or the person who is lawfully entitled to possession of it; or

  • (b) where, on ex parte application to a justice, the justice so authorizes, may

    • (i) dispose of it and give the proceeds of disposition to the lawful owner of the thing seized, if the lawful owner was not a party to an offence in relation to the thing or, if the identity of that lawful owner cannot be reasonably ascertained, the proceeds of disposition are forfeited to Her Majesty, or

    • (ii) destroy it.

  • 1997, c. 18, s. 51
  • 1999, c. 5, s. 17

Sex Offender Information

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in this section and in sections 490.012 to 490.032.

    crime of a sexual nature

    crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crimes de nature sexuelle)

    database

    database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données)

    designated offence

    designated offence means

    • (a) an offence under any of the following provisions:

      • (i) subsection 7(4.1) (offence in relation to sexual offences against children),

      • (ii) section 151 (sexual interference),

      • (iii) section 152 (invitation to sexual touching),

      • (iv) section 153 (sexual exploitation),

      • (v) section 153.1 (sexual exploitation of person with disability),

      • (vi) section 155 (incest),

      • (vi.01) subsection 160(1) (bestiality),

      • (vi.1) subsection 160(2) (compelling the commission of bestiality),

      • (vii) subsection 160(3) (bestiality in presence of or by a child),

      • (viii) section 163.1 (child pornography),

      • (ix) section 170 (parent or guardian procuring sexual activity),

      • (ix.1) section 171.1 (making sexually explicit material available to child),

      • (x) section 172.1 (luring a child),

      • (x.1) section 172.2 (agreement or arrangement — sexual offence against child),

      • (xi) subsection 173(2) (exposure),

      • (xii) to (xv) [Repealed, 2014, c. 25, s. 25]

      • (xvi) section 271 (sexual assault),

      • (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

      • (xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization),

      • (xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm),

      • (xix) paragraph 273(2)(b) (aggravated sexual assault),

      • (xx) subsection 273.3(2) (removal of a child from Canada),

      • (xxi) section 279.011 (trafficking  —  person under 18 years),

      • (xxii) subsection 279.02(2) (material benefit  —  trafficking of person under 18 years),

      • (xxiii) subsection 279.03(2) (withholding or destroying documents  —  trafficking of person under 18 years),

      • (xxiv) subsection 286.1(2) (obtaining sexual services for consideration from person under 18 years),

      • (xxv) subsection 286.2(2) (material benefit from sexual services provided by person under 18 years), and

      • (xxvi) subsection 286.3(2) (procuring  — person under 18 years);

    • (b) an offence under any of the following provisions:

      • (i) section 162 (voyeurism),

      • (i.1) subsection 173(1) (indecent acts),

      • (ii) section 177 (trespassing at night),

      • (iii) [Repealed, 2019, c. 25, s. 202]

      • (iii.1) section 231 (murder),

      • (iv) section 234 (manslaughter),

      • (v) paragraph 246(b) (overcoming resistance to commission of offence),

      • (vi) section 264 (criminal harassment),

      • (vii) section 279 (kidnapping),

      • (vii.1) section 279.01 (trafficking in persons),

      • (vii.11) subsection 279.02(1) (material benefit  —  trafficking),

      • (vii.12) subsection 279.03(1) (withholding or destroying documents  —  trafficking),

      • (viii) section 280 (abduction of a person under age of sixteen),

      • (ix) section 281 (abduction of a person under age of fourteen),

      • (ix.1) subsection 286.1(1) (obtaining sexual services for consideration),

      • (ix.2) subsection 286.2(1) (material benefit from sexual services),

      • (ix.3) subsection 286.3(1) (procuring),

      • (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),

      • (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),

      • (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and

      • (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence);

    • (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

      • (i) section 144 (rape),

      • (ii) section 145 (attempt to commit rape),

      • (iii) section 149 (indecent assault on female),

      • (iv) section 156 (indecent assault on male), and

      • (v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

    • (c.1) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

      • (i) section 246.1 (sexual assault),

      • (ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

      • (iii) section 246.3 (aggravated sexual assault);

    • (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

      • (i) subsection 146(1) (sexual intercourse with a female under age of fourteen),

      • (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),

      • (iii) section 153 (sexual intercourse with step-daughter),

      • (iv) section 157 (gross indecency),

      • (v) section 166 (parent or guardian procuring defilement), and

      • (vi) section 167 (householder permitting defilement);

    • (d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force:

      • (i) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

      • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

      • (iii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

      • (iv) subsection 212(4) (prostitution of person under 18 years);

    • (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or

    • (f) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée)

    Ontario Act

    Ontario Act means Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1. (loi ontarienne)

    pardon

    pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked. (pardon)

    record suspension

    record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier)

    registration centre

    registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription)

    Review Board

    Review Board means the Review Board established or designated for a province under subsection 672.38(1). (commission d’examen)

    verdict of not criminally responsible on account of mental disorder

    verdict of not criminally responsible on account of mental disorder means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be. (verdict de non-responsabilité)

  • Marginal note:Interpretation

    (2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

    • (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

    • (b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

  • 2004, c. 10, s. 20
  • 2005, c. 43, s. 6
  • 2007, c. 5, s. 11
  • 2008, c. 6, s. 36
  • 2010, c. 3, s. 7, c. 17, s. 4
  • 2012, c. 1, ss. 31, 141
  • 2014, c. 25, s. 25
  • 2019, c. 17, s. 4
  • 2019, c. 25, s. 202

Order to Comply with the Sex Offender Information Registration Act

Marginal note:Order

  •  (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

  • Marginal note:Order  — if intent established

    (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition designated offence in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition.

  • Marginal note:Order — if previous offence established

    (3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that

    • (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act;

    • (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and

    • (c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.

  • Marginal note:Failure to make order

    (4) If the court does not consider the matter under subsection (1) or (3) at that time, the court

    • (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;

    • (b) retains jurisdiction over the matter; and

    • (c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.

Marginal note:Date order begins

  •  (1) An order made under section 490.012 begins on the day on which it is made.

  • Marginal note:Duration of order

    (2) An order made under subsection 490.012(1) or (2)

    • (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

    • (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

    • (c) applies for life if the maximum term of imprisonment for the offence is life.

  • Marginal note:Duration of order

    (2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1).

  • Marginal note:Duration of order

    (3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.

  • Marginal note:Duration of order

    (4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.

  • Marginal note:Duration of order

    (5) An order made under subsection 490.012(3) applies for life.

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 14
  • 2010, c. 17, s. 6
  • 2014, c. 25, s. 27
 
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