Criminal Code (R.S.C., 1985, c. C-46)

Marginal note:Persons who may be served

• 490.02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada after the coming into force of this subsection and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).

• Marginal note:Exception

  (2) The notice shall not be served on a person who has been acquitted of every offence in connection with which a notice may be served on them under section 490.02903.

Marginal note:Period for and method of service

• 490.02903 (1) A notice in Form 54 shall be personally served.

• Marginal note:Proof of service

  (2) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

  • (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

  • (b) the notice was personally served on the person to whom it was directed on a named day; and

  • (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

• Marginal note:Requirements relating to notice

  (3) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.

Marginal note:When obligation begins

• 490.02904 (1) The obligation under section 490.02901 begins on the day on which the person is served with the notice.

• Marginal note:When obligation ends

  (2) The obligation ends on the day on which an exemption order is made.

• Marginal note:Duration of obligation

  (3) If subsection (2) does not apply, the obligation

  • (a) ends 10 years after the person was sentenced or found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent 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 if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years;

  • (c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life; or

  • (d) applies for life if, before or after the coming into force of this paragraph, the person was 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) or (e) of the definition “designated offence” in subsection 490.011(1) or referred to 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.