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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2024-02-06 and last amended on 2024-01-14. 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: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 primary 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

    • (a) their name, date of birth, gender, address and telephone number in Canada; and

    • (b) to the best of their knowledge,

      • (i) the offence for which they were convicted or found not criminally responsible,

      • (ii) the country — and, if applicable, the province, state, territory or municipality in that country — in which the offence was committed,

      • (iii) the day on which the offence was committed,

      • (iv) the day on which they were convicted of the offence or found not criminally responsible for it, and

      • (v) if different from the day on which they were convicted of the offence, the day on which the sentence was imposed.

  • Marginal note:New obligation to advise

    (1.1) The person is not required to advise the police service again under subsection (1) unless they are later convicted of or found not criminally responsible on account of mental disorder for another offence outside Canada referred to in that subsection.

  • 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).

International Transfer of Offenders Act

Marginal note:Application for exemption 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 an order exempting them from the obligation within one year after the day of their transfer to Canada under that Act.

  • Marginal note:Exemption order

    (2) The court shall make an exemption order if it is satisfied that the person has established that

    • (a) 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

    • (b) 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

    (3) In determining whether to make an exemption order, 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:Reasons for decision

    (4) The court shall give reasons for its decision.

  • Marginal note:Removal of information from database

    (5) 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 a copy of the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act.

Marginal note:Application for variation order

  •  (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may, within one year after the day of their transfer to Canada under that Act, apply to a court of criminal jurisdiction for an order to vary the duration of the obligation if

    • (a) the obligation applies for life under subsection 36.2(3) of that Act; and

    • (b) none of the offences in question listed in the Form 1 referred to in subparagraph 8(4)(a)(ii) of that Act have an equivalent criminal offence with a maximum term of imprisonment for life provided for in Canadian law.

  • Marginal note:Variation order

    (2) The court shall make the variation order if it is satisfied that the person has established that the offences in question listed in that Form 1 do not demonstrate, or do not 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:Variation of duration

    (3) If the court makes a variation order, it shall set out the duration of the obligation in the order, which shall be determined by applying paragraphs 36.2(2)(a) and (b) of the International Transfer of Offenders Act to the offence in question listed in that Form 1 whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law.

  • Marginal note:Reasons for decision

    (4) The court shall give reasons for its decision.

  • Marginal note:Notification

    (5) The court 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 a variation order made under this section.

Marginal note:Appeal

  •  (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.029111(2) or 490.029112(2) or (3) 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 exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.029111(2) or section 490.029112.

  • Marginal note:Removal of information from database

    (2) If an appeal 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 a copy of the Form 1 referred to in subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act.

Marginal note:Requirements relating to notice

  •  (1) If an appeal court quashes an exemption 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, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

  • Marginal note:Notice — variation order

    (2) If an appeal court quashes a variation 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, in which the application for the order was made to be notified of the decision.

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:Absolute discharge

    (3.1) Despite subsections (2) and (3), a person may apply for a termination order once they are absolutely discharged under paragraph 672.54(a).

  • Marginal note:Re-application

    (4) A person whose application is refused may apply again if five years have elapsed since the application was made.

Marginal note:Termination order

  •  (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

    • (a) there would be no connection between continuing 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

    • (b) the impact of continuing the obligation 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

    (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 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: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.

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
 

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