An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (S.C. 2023, c. 28)
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Assented to 2023-10-26
R.S., c. C-46Criminal Code (continued)
7 Section 490.012 of the Act is replaced by the following:
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.
8 (1) The portion of subsection 490.013(2) of the Act before paragraph (c) is replaced by the following:
Marginal note:Duration of order — s. 490.012(1) or (3)
(2) An order made under subsection 490.012(1) or (3)
(a) subject to subsections (3) and (5), ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(2) Subsections 490.013(2.1) to (5) of the Act are replaced by the following:
Marginal note:Duration of order — offences in same proceeding
(3) An order made under subsection 490.012(1) or (3) applies for life if
(a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.012(1) to (3) may be made; and
(b) the court is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.
Marginal note:If court not satisfied
(4) If paragraph (3)(a) applies in the circumstances but the court is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment.
Marginal note:Duration of order — other order or obligation
(5) An order made under subsection 490.012(1) or (3) applies for life if the person
(a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or
(b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.
Marginal note:Duration of order — s. 490.012(2)
(6) An order made under subsection 490.012(2) applies for life.
9 Section 490.014 of the Act is replaced by the following:
Marginal note:Reasons
490.0131 The court shall
(a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.012(1); and
(b) give reasons for a decision under subsection 490.012(3) or paragraph 490.013(3)(b).
Marginal note:Failure to make order
490.0132 If the court does not consider the matter under any of subsections 490.012(1) to (3) at the time the sentence is imposed, or a verdict of not criminally responsible on account of mental disorder is rendered, for a primary offence, the court
(a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;
(b) retains jurisdiction over the matter;
(c) may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and
(d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing.
Marginal note:Appeal
490.014 The prosecutor, or a person who is subject to an order made under section 490.012, may appeal from a decision of the court under section 490.012 or 490.013 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; or
(b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under section 490.012.
10 (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 in any of subsections 490.013(3), (5) or (6).
(2) Subsection 490.015(3) of the Act is replaced by the following:
Marginal note:Pardon, record suspension or absolute discharge
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered or once they are absolutely discharged under paragraph 672.54(a).
11 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
(a) there would be no connection between continuing an order or obligation 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 the Sex Offender Information Registration Act; or
(b) the impact on the person of continuing an order or 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 that Act.
Marginal note:Factors
(1.1) In determining whether to make the termination order, the court shall consider
(a) the nature and seriousness of the offence that is the basis of an order or obligation;
(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.
12 Subparagraph 490.018(1)(d)(iv) of the Act is replaced by the following:
(iv) the Commissioner of the Royal Canadian Mounted Police and, if there is a provincial police service that is responsible for the registration of information under the Sex Offender Information Registration Act in the province in which the court makes the order, the head of that police service.
13 Section 490.02 of the Act is amended by adding the following after subsection (2):
Marginal note:References
(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, and the reference in paragraph (2)(b) to subsection 490.012(3) is a reference to that provision as it read from time to time before that day.
14 Section 490.022 of the Act is amended by adding the following after subsection (3):
Marginal note:Reference
(4) The reference in paragraph (3)(d) to the definition designated offence is to a reference to that definition as it read from time to time before the day on which this subsection comes into force.
15 (1) The portion of subsection 490.026(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Time for application
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice:
(2) Subsections 490.026(3) and (4) of the Act are replaced by the following:
Marginal note:More than one offence
(3) If more than one offence is listed in the notice, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.
Marginal note:Pardon, record suspension or absolute discharge
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered or once they are absolutely discharged under paragraph 672.54(a).
- Date modified: