Criminal Code

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 shall make an exemption order if it is satisfied that the person has established that

  • (a) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question;

  • (b) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1);

  • (c) there is no connection between the 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

  • (d) the impact of the obligation on the person, including on their privacy or liberty, is 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

  (2.1) In determining whether to make an exemption order under paragraph (2)(c) or (d), the court shall consider

  • (a) the nature and seriousness of the offence that is the basis of the 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.

• Marginal note:Order to correct

  (2.2) If the court does not make an exemption order but is satisfied that the offence in question, though not equivalent to the offence referred to in the notice, is equivalent to another offence referred to in paragraph (a) of the definition primary offence in subsection 490.011(1), the court shall order that the notice be corrected.

• 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 subsection (2.2), 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.