An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts (S.C. 2004, c. 10)
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Assented to 2004-04-01
MANAGEMENT OF INFORMATION
PROHIBITIONS
Marginal note:Unauthorized persons
16. (1) No person shall exercise any function or perform any duty under this Act that they are not authorized under this Act to exercise or perform.
Marginal note:Unauthorized consultation
(2) No person shall consult any information that is collected under this Act or registered in the database, unless they are
(a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature;
(b) a person who collects information at the registration centre at which a sex offender last reported who consults the information in order to ensure compliance by the sex offender with an order or orders or with section 490.019 of the Criminal Code;
(c) a person who collects or registers information and who consults the information in order to exercise the functions or perform the duties assigned to them under this Act;
(d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes;
(e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act; or
(f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information in order to maintain the database and who does so for that purpose.
Marginal note:Limited data matching
(3) No person shall match any information that is collected under this Act or registered in the database with any other data unless
(a) the person is a member or employee of, or a person retained by, a police service who matches the data for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature, and the resulting matched data is used for the purpose of that investigation only; or
(b) the person is authorized under section 13 to consult information that is registered in the database, and the resulting matched data is made anonymous.
Marginal note:Unauthorized disclosure
(4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed,
(a) except to the sex offender, or the person who was served with a notice under section 490.019 of the Criminal Code, to whom the information relates;
(b) except to a person referred to in any of paragraphs (2)(a) to (f), if the disclosure to them is necessary to enable them to fulfil the purposes, perform the duties or exercise the functions referred to in that paragraph;
(c) except to a member or employee of, or a person retained by, a police service, if the disclosure to them is necessary to ensure compliance by a sex offender with an order or orders or with section 490.019 of the Criminal Code;
(d) except to a person or court referred to in any of paragraphs 490.03(1)(a) to (c) and (2)(a) to (c) of the Criminal Code, in accordance with that paragraph;
(e) except to a person to whom the disclosure is necessary for a prosecution for an offence under section 17 or under section 490.031 of the Criminal Code or an appeal from a decision made in such a proceeding, and to a court in connection with the prosecution or appeal, if the information is relevant to that proceeding;
(f) except to a person to whom the disclosure is necessary to assist an investigation of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed; or
(g) unless the person is authorized under section 13 to consult information that is registered in the database, the information is disclosed for research or statistical purposes, and the disclosure is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.
Marginal note:Unauthorized use
(5) No person shall use any information that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than those referred to in paragraphs (2)(a) to (f) and (4)(c) to (g).
OFFENCES
Marginal note:Offence
17. (1) Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) is guilty of an offence and liable
(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
(b) in the case of a second or subsequent offence,
(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Offence
(2) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
AUTHORIZATIONS, DESIGNATIONS AND REGULATIONS
Marginal note:Regulations
18. (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations
(a) respecting the means by which classes of persons designated by the lieutenant governor in council of the province are required to report under section 4.1 or 4.3 or provide notification under section 6;
(b) authorizing persons or classes of persons in the province to collect information;
(c) authorizing persons or classes of persons in the province to register information; and
(d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre.
Marginal note:Regulations
(2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)(a) if the Governor in Council does not make a regulation with respect to that matter that applies in the province.
Marginal note:Regulations cease to apply
(3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province.
Marginal note:Regulations
19. (1) Subject to subsection (2), the Governor in Council may, by regulation, exercise any power of the lieutenant governor in council of a province under any of paragraphs 18(1)(a) to (d) if the lieutenant governor in council of the province does not make a regulation under that paragraph.
Marginal note:Regulations cease to apply
(2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)(a) to (d) ceases to apply in a province if the lieutenant governor in council of the province makes a regulation under that paragraph.
Marginal note:Regulations
(3) The Governor in Council may make regulations
(a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act;
(b) respecting the retention and maintenance, and the protection of information that is registered in the database;
(c) respecting the registration of photographs taken under subsection 5(3);
(d) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and
(e) generally for carrying out the purposes and provisions of this Act.
R.S., c. C-46RELATED AMENDMENTS TO THE CRIMINAL CODE
20. The Criminal Code is amended by adding the following after section 490.01:
Sex Offender Information
Interpretation
Marginal note:Definitions
490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032.
“crime of a sexual nature”
« crimes de nature sexuelle »
“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act.
“database”
« banque de données »
“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
“designated offence”
« infraction désignée »
“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),
(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),
(x) section 172.1 (luring a child by means of a computer system),
(xi) subsection 173(2) (exposure),
(xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
(xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen),
(xiv) subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen),
(xv) subsection 212(4) (obtaining prostitution of person under age of eighteen),
(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 firearm),
(xix) paragraph 273(2)(b) (aggravated sexual assault), and
(xx) subsection 273.3(2) (removal of a child from Canada);
(b) an offence under any of the following provisions:
(i) subsection 173(1) (indecent acts),
(ii) section 177 (trespassing at night),
(iii) section 230 (murder in commission of offences),
(iv) section 234 (manslaughter),
(v) paragraph 246(b) (overcoming resistance to commission of offence),
(vi) section 264 (criminal harassment),
(vii) section 279 (kidnapping),
(viii) section 280 (abduction of a person under age of sixteen),
(ix) section 281 (abduction of a person under age of fourteen),
(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);
(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 attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c) and (d); or
(f) an attempt or conspiracy to commit an offence referred to in paragraph (b).
“Ontario Act”
« loi ontarienne »
“Ontario Act” means Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.
“pardon”
« réhabilitation »
“pardon” means a pardon granted by any authority under law, other than a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748, that has not ceased to have effect or been revoked.
“registration centre”
« bureau d’inscription »
“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act
“Review Board”
« commission d’examen »
“Review Board” means the Review Board established or designated for a province under subsection 672.38(1).
“verdict of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité »
“verdict of not criminally responsible on account of mental disorder” has the same meaning as in section 672.1.
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 Registration Requirements
Marginal note:Order
490.012 (1) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (a), (c), (d) 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.
Marginal note:Order
(2) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), 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), (d) or (e) of that definition.
Marginal note:Order
(3) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person in respect of whom an order may be made under subsection (1) or (2) to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(5), as soon as possible after it imposes a sentence on the person for a designated offence or renders a verdict of not criminally responsible on account of mental disorder for such an offence, if the prosecutor establishes that
(a) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1);
(b) the person is not, and was not at any time, subject to an obligation under section 490.019; and
(c) no order was made under subsection (1) in connection with the previous offence.
Marginal note:Exception
(4) The court is not required to make an order under this section if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(5) The court shall give reasons for its decision.
Marginal note:Date order begins
490.013 (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 is an offence for which the maximum term of imprisonment is two or five years;
(b) ends 20 years after it was made if the offence in connection with which it was made is one for which the maximum term of imprisonment is 10 or 14 years; and
(c) applies to the person for life if the offence in connection with which it was made is one for which the maximum term of imprisonment is life.
Marginal note:Duration of order
(3) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an obligation under section 490.019.
Marginal note:Duration of order
(4) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an order made previously under either of those subsections.
Marginal note:Duration of order
(5) An order made under subsection 490.012(3) applies to a person for life.
Marginal note:Appeal
490.014 The prosecutor, or a person who is subject to an order under section 490.012, may appeal from a decision of the court under that section on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that section.
Marginal note:Application for termination order
490.015 (1) A person who is subject to an order may apply for a termination order
(a) not earlier than five years after the order was made, in the case of an order that is applicable for 10 years under paragraph 490.013(2)(a);
(b) not earlier than 10 years after the order was made, in the case of an order that is applicable for 20 years under paragraph 490.013(2)(b);
(c) not earlier than 20 years after the order was made, in the case of an order that is applicable for life under paragraph 490.013(2)(c) or subsection 490.013(3) or (5); or
(d) on or after the day on which they receive a pardon.
Marginal note:Application for termination of multiple orders
(2) If more than one order is made in respect of a person, the person may apply for a termination order not earlier than 20 years after the most recent order was made under section 490.012, or on or after the day on which they receive a pardon. The application must be in relation to every order that is in effect.
Marginal note:Person subject to obligation
(3) If an applicant is also subject to an obligation under section 490.019, the application must be in relation to that obligation as well as to every order that is in effect.
Marginal note:Re-application
(4) A person whose application is refused may re-apply not earlier than five years after they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.
Marginal note:Court to which application is made
(5) A person must apply to a superior court of criminal jurisdiction under this section if such a court made an order to which the application relates. In any other case, they must apply to a court of criminal jurisdiction.
Marginal note:Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders, and any obligation, to which the application relates, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(2) The court shall give reasons for its decision.
Marginal note:Appeal
490.017 The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.
Marginal note:Requirements relating to notice
490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause
(a) the order to be read by or to the person who is subject to it;
(b) a copy of the order to be given to that person;
(c) that person to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031; and
(d) a copy of the order to be sent to
(i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,
(ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable, and
(iii) the police service whose member charged that person with the offence in connection with which the order is made.
Marginal note:Endorsement
(2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.
Marginal note:Notice on disposition by Review Board
(3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs
(a) under paragraph 672.54(a), that the person be discharged absolutely; or
(b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act.
Marginal note:Notice before release
(4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.
Obligation to Comply with Registration Requirements
Marginal note:Obligation to comply
490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).
Marginal note:Persons who may be served
490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and
(a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or
(b) in any other case,
(i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and
(ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.
Marginal note:Exception
(2) A notice shall not be served on a person
(a) referred to in paragraph (1)(a) or (b) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph;
(b) referred to in paragraph (1)(a) or (b) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or
(c) referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
Marginal note:Period for and method of service
490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.
Marginal note:Exception
(2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or conditions set under this Act, that relate to residence, the notice may be served by registered mail at their last known address.
Marginal note:Exception
(3) If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.
Marginal note:Exception
(4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.
Marginal note:Proof of service
(5) 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, or mailed to, 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
(6) 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:Date obligation begins
490.022 (1) The obligation under section 490.019 begins
(a) either one year after the day on which a person is served with a notice under section 490.021 or when a court decides not to make an exemption order under subsection 490.023(2), whichever is later; or
(b) when an exemption order made under this Act is quashed.
Marginal note:Date obligation ends
(2) The obligation ends on the earliest of
(a) the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2),
(b) the day on which the obligation of a person referred to in paragraph 490.02(1)(b) to comply with section 3 of the Ontario Act ends under paragraph 7(1)(a) of that Act, or
(c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
Marginal note:Duration of obligation
(3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation
(a) ends 10 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates that was prosecuted summarily or for which the maximum term of imprisonment is two or five years;
(b) ends 20 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates and for which the maximum term of imprisonment is 10 or 14 years;
(c) applies for life if the maximum term of imprisonment for an offence to which the obligation relates is life; or
(d) applies for life if 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), (d) or (e) of the definition “designated offence” in subsection 490.011(1).
Marginal note:Application for exemption order
490.023 (1) A person who is not subject to an order under section 490.012 may, within one year after the day on which they are served with a notice under section 490.021, apply to any court of criminal jurisdiction for an order exempting them from the obligation under section 490.019.
Marginal note:Exemption order
(2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(3) The court shall give reasons for its decision.
Marginal note:Effect of exemption order
(4) If the court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.
Marginal note:Appeal
490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the exemption order or make an order that may be made under that subsection.
Marginal note:Effect of exemption order
(2) If an appeal court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.
Marginal note:Requirements relating to notice
490.025 When a court decides not to make an exemption order under subsection 490.023(2) or an appeal court dismisses an appeal from such a decision or quashes an exemption order made under that subsection, it shall notify the Attorney General of the decision and cause the person who applied for the exemption order to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031.
Marginal note:Application for termination order
490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 may apply to a court of criminal jurisdiction for a termination order.
Marginal note:Time for application
(2) A person may apply for a termination order under subsection (1) if the following period has elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1):
(a) five years if the offence was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;
(b) 10 years if the offence is one for which the maximum term of imprisonment is 10 or 14 years; and
(c) 20 years if the offence is one for which the maximum term of imprisonment is life.
Marginal note:More than one offence
(3) A person who committed more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) may apply for a termination order under subsection (1) if 20 years have elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.
Marginal note:Re-application
(4) A person whose application is refused may re-apply if five years have elapsed since the day on which they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.
Marginal note:Termination order
490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(2) The court shall give reasons for its decision.
Marginal note:Deemed application
490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021, an application within that period for one order is deemed to be an application for both.
Marginal note:Appeal
490.029 The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under section 490.027 on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that section.
Disclosure of Information
Marginal note:Disclosure by Commissioner
490.03 (1) At the request of a prosecutor or the Attorney General, as the case may be, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database or the fact that such information is registered in the database
(a) to the prosecutor, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding for an order under section 490.012; or
(b) to the Attorney General, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding under section 490.015, 490.023 or 490.026, or an appeal from a decision made in a proceeding under any of those sections or in a proceeding for an order under section 490.012.
Marginal note:Disclosure by Commissioner
(2) At the request of the Attorney General, the Commissioner shall disclose to the Attorney General all information relating to a person that is registered in the database if the person, in connection with a proceeding, discloses any such information or the fact that any such information is registered in the database.
Marginal note:Disclosure in legal proceedings
(3) The prosecutor or the Attorney General may disclose the information to a court in connection with a proceeding referred to in subsection (1) or (2), or to an appeal court in connection with an appeal from a decision made in the proceeding, if the information is relevant to the proceeding or appeal.
Marginal note:Disclosure in legal proceedings
(4) Information that is collected under the Sex Offender Information Registration Act or registered in the database and that is relevant to the proceeding may be disclosed to a judge or justice in a proceeding relating to an application for a search warrant in connection with the investigation of a crime that there are reasonable grounds to suspect is of a sexual nature.
Offences
Marginal note:Offence
490.031 Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or with an obligation under section 490.019, is guilty of an offence and liable
(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
(b) in the case of a second or subsequent offence,
(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
Regulations
Marginal note:Regulations
490.032 The Governor in Council may make regulations
(a) requiring that additional information be contained in a notice under Form 53; and
(b) prescribing, for one or more provinces, the form and content of that information.
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