Criminal Code

Marginal note:Application for termination order

• 490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 may apply to a court of criminal jurisdiction for a termination order.

• Marginal note:Time for application

  (2) A person may apply for a termination order under subsection (1) if the following period has elapsed since the day on which they were sentenced, 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):

  • (a) five years if the offence was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;

  • (b) 10 years if the offence is one for which the maximum term of imprisonment is 10 or 14 years; and

  • (c) 20 years if the offence is one for which the maximum term of imprisonment is life.

• Marginal note:More than one offence

  (3) A person who committed more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition designated offence in subsection 490.011(1) may apply for a termination order under subsection (1) if 20 years have elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.

• Marginal note:Re-application

  (4) A person whose application is refused may re-apply if five years have elapsed since the day on which they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.