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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2022-11-28 and last amended on 2022-11-17. Previous Versions

PART XVSpecial Procedure and Powers (continued)

Sex Offender Information (continued)

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada (continued)

Marginal note:Termination order

  •  (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.

  • 2010, c. 17, s. 19

Marginal note:Appeal

  •  (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.

  • 2010, c. 17, s. 19

Marginal note:Obligation to advise police service

  •  (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).

  • 2010, c. 17, s. 19

International Transfer of Offenders Act

Marginal note:Application for termination order

  •  (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.

  • 2010, c. 17, s. 19

Marginal note:Termination order

  •  (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.

  • 2010, c. 17, s. 19

Marginal note:Appeal

  •  (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.

  • 2010, c. 17, s. 19

Marginal note:Notice before release

  •  (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.

  • 2010, c. 17, s. 19

Disclosure of Information

Marginal note:Disclosure

  •  (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, 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 disclosure is necessary for the purpose of a proceeding under section 490.012; or

    • (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).

  • Marginal note:Disclosure in connection with proceedings

    (2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them is registered in the database.

  • Marginal note:Disclosure in proceedings

    (3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.

  • (4) [Repealed, 2007, c. 5, s. 27]

  • 2004, c. 10, s. 20
  • 2007, c. 5, s. 27
  • 2010, c. 17, s. 20

Offences

Marginal note:Offence

  •  (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with 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 is guilty of an offence and liable

    • (a) 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

    • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

  • Marginal note:Reasonable excuse

    (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

  • Marginal note:Proof of certain facts by certificate

    (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance and cross-examina­tion

    (4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce

    (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.

Marginal note:Offence

 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act is guilty of an offence and liable

  • (a) 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

  • (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

Marginal note:Offence

 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.

  • 2010, c. 17, s. 23

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) requiring that additional information be contained in a notice under Form 53 or Form 54; and

  • (b) prescribing, for one or more provinces, the form and content of that information.

  • 2004, c. 10, s. 20
  • 2010, c. 17, s. 24

Forfeiture of Offence-related Property

Marginal note:Order of forfeiture of property on conviction

  •  (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall

    • (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

    • (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph.

  • (1.1) [Repealed, 2001, c. 41, s. 130]

  • Marginal note:Property related to other offences

    (2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

  • Marginal note:Property outside Canada

    (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

  • Marginal note:Appeal

    (3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

  • 1997, c. 23, s. 15
  • 2001, c. 32, s. 30, c. 41, ss. 18, 130
  • 2007, c. 13, s. 8
  • 2017, c. 7, s. 64
 
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