Criminal Code

Version of section 490.02 from 2004-12-15 to 2008-09-11:

Marginal note:Persons who may be served
  •  (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was 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) and

  • Marginal note:Exception

    (2) A notice shall not be served on a person

    • (a) referred to in paragraph (1)(a) or (b) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph;

    • (b) referred to in paragraph (1)(a) or (b) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or

    • (c) referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

  • 2004, c. 10, s. 20.
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