Criminal Code

Marginal note:Order

• 490.012 (1) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act if

  • (a) the designated offence was prosecuted by indictment;

  • (b) the sentence for the designated offence is a term of imprisonment of two years or more; and

  • (c) the victim of the designated offence is under the age of 18 years.

• Marginal note:Order — previous offence or obligation

  (2) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of paragraphs (a) and (b), the person

  • (a) was previously convicted of a primary offence or previously convicted under section 130 of the National Defence Act in respect of a primary offence; or

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

• Marginal note:Order — other circumstances

  (3) Subject to subsection (5), when a court imposes a sentence on a person for a designated offence in circumstances in which neither subsection (1) nor (2) applies, or when the court renders a verdict of not criminally responsible on account of mental disorder for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act unless the court is satisfied the person has established that

  • (a) there would be no connection between making the order 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 that Act; or

  • (b) the impact of the order 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

  (4) In determining whether to make an order under subsection (3) in respect of a person, the court shall consider

  • (a) the nature and seriousness of the designated offence;

  • (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:Limitation — secondary offences

  (5) A court shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.