Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Perishable things

490.01 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.

Sex Offender Information

Interpretation

Marginal note:Definitions

• 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.07.

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means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 that has not been revoked.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

  primary offence

  primary 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),

    • (vii) subsection 160(1) (bestiality),

    • (viii) subsection 160(2) (compelling the commission of bestiality),

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

    • (x) section 162.1 (publication, etc., of an intimate image without consent),

    • (xi) section 163.1 (child pornography),

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

    • (xiii) section 171.1 (making sexually explicit material available to child),

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

    • (xv) section 172.2 (agreement or arrangement — sexual offence against child),

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

    • (xvii) section 271 (sexual assault),

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

    • (xix) section 273 (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 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) 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);

  • (e) an offence under any of the following provisions of this Act, as they read from time to time before December 6, 2014 :

    • (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); or

  • (f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) to (e). (infraction primaire)

  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)

  secondary offence

  secondary offence means

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

    • (i) section 162 (voyeurism),

    • (ii) subsection 173(1) (indecent acts),

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

    • (iv) section 231 (murder),

    • (v) section 234 (manslaughter),

    • (vi) paragraph 245(1)(a) (administering noxious thing with intent to endanger life or cause bodily harm),

    • (vii) paragraph 245(1)(b) (administering noxious thing with intent to aggrieve or annoy),

    • (viii) section 246 (overcoming resistance to commission of offence),

    • (ix) section 264 (criminal harassment),

    • (x) section 279 (kidnapping),

    • (xi) section 279.01 (trafficking in persons),

    • (xii) subsection 279.02(1) (material benefit  —  trafficking),

    • (xiii) subsection 279.03(1) (withholding or destroying documents  —  trafficking),

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

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

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

    • (xvii) subsection 286.2(1) (material benefit from sexual services),

    • (xviii) subsection 286.3(1) (procuring),

    • (xix) section 346 (extortion),

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

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

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

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

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

  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.

Order to Comply with the Sex Offender Information Registration Act

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.