Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)
Full Document:
Assented to 2010-12-15
6. Subsection 490.013(3) of the Act is replaced by the following:
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) 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.
7. Section 490.014 of the Act is replaced by the following:
Marginal note:Appeal
490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection 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 subsection.
8. (1) Paragraph 490.015(1)(c) of the Act is replaced by the following:
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).
(2) Subsection 490.015(4) of the Act is replaced by the following:
Marginal note:Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is 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, the application shall also be in relation to that obligation.
9. (1) Subsection 490.016(1) of the Act is replaced by the following:
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 an order or an obligation, 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 the Sex Offender Information Registration Act.
(2) Subsection 490.016(3) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
10. Subsection 490.017(2) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
11. Paragraph 490.018(1)(d) of the Act is amended by striking out “and” at the end of subparagraph (ii), by adding “and’’ at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) the Commissioner of the Royal Canadian Mounted Police.
12. The heading before section 490.019 of the Act is replaced by the following:
Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004
13. (1) Subsection 490.023(2) of the Act is replaced by the following:
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 prevention or 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.
(2) Subsection 490.023(4) of the Act is replaced by the following:
Marginal note:Removal of information from database
(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
14. Subsection 490.024(2) of the Act is replaced by the following:
Marginal note:Removal of information from database
(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
15. Section 490.025 of the Act is replaced by the following:
Marginal note:Requirements relating to notice
490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
16. (1) Subsection 490.026(1) of the Act is replaced by the following:
Marginal note:Application for termination order
490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
(2) Subsection 490.026(5) of the Act is replaced by the following:
Marginal note:Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act.
17. (1) Subsection 490.027(1) of the Act is replaced by the following:
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 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 the Sex Offender Information Registration Act.
(2) Subsection 490.027(3) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
18. Subsection 490.029(2) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
19. The Act is amended by adding the following after section 490.029:
Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada
Marginal note:Obligation
490.02901 A person who is served with a notice in Form 54 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.02904 unless a court makes an exemption order under subsection 490.02905(2).
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.
Marginal note:Application for exemption order
490.02905 (1) A person who is served with a notice in Form 54 under section 490.02903 may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after they are served.
Marginal note:Exemption order
(2) The court
(a) shall make an exemption order if it is satisfied that the person has established that
(i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or
(ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1); and
(b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1).
Marginal note:Reasons for decision
(3) The court shall give reasons for its decision.
Marginal note:Removal of information from database
(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
Marginal note:Notification
(5) If the court makes an order referred to in paragraph (2)(b), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
Marginal note:Appeal
490.02906 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may
(a) dismiss the appeal;
(b) allow the appeal and order a new hearing;
(c) quash the exemption order; or
(d) make an order that may be made under that subsection.
Marginal note:Removal of information from database
(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
Marginal note:Requirements relating to notice
490.02907 If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Marginal note:Application for termination order
490.02908 (1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
Marginal note:Time for application — one offence
(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
Marginal note:Time for application — more than one offence
(3) If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Marginal note:Re-application
(4) A person whose application is refused may apply again if five years have elapsed since the application was made.
Marginal note:Termination order
490.02909 (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 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 the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(2) The court shall give reasons for its decision.
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
Marginal note:Appeal
490.0291 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02909(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, allow the appeal 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
(2) If the appeal court makes an order that may be made under subsection 490.02909(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
Marginal note:Obligation to advise police service
490.02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition “designated offence” in subsection 490.011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence.
Marginal note:Change in address
(2) The person shall, if they are in Canada, advise a police service of a change in address within seven days after the day on which the change is made.
Marginal note:Information to be provided to Attorney General
(3) The police service shall cause the Attorney General of the province, or the minister of justice of the territory, in which it is located to be provided with the information.
Marginal note:Obligation ends
(4) A person’s obligation under subsection (2) ends when they are served under section 490.02902 or, if it is earlier, one year after the day on which they advise the police service under subsection (1).
International Transfer of Offenders Act
Marginal note:Application for termination order
490.02912 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for a termination order unless they are also subject to an obligation under section 490.019 or 490.02901 or under section 227.06 of the National Defence Act — or to an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
Marginal note:Time for application — one offence
(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
Marginal note:More than one offence
(3) If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Marginal note:Re-application
(4) A person whose application is refused may apply again if five years have elapsed since the application was made.
Marginal note:Termination order
490.02913 (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 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 the Sex Offender Information Registration Act.
Marginal note:Reasons for decision
(2) The court shall give reasons for its decision.
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
Marginal note:Appeal
490.02914 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(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, allow the appeal 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
(2) If the appeal court makes an order that may be made under subsection 490.02913(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
Marginal note:Notice before release
490.02915 (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act 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 Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge.
Marginal note:Notice on disposition by Review Board
(2) A Review Board shall cause a copy of the Form 1 to be given to the person 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 sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
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