Criminal Code

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.