An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)
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Assented to 2007-03-29
Marginal note:2004, c. 10, s. 20
23. Subsection 490.023(1) of the Act is replaced by the following:
Marginal note:Application for exemption order
490.023 (1) A person who is not subject to an order under section 490.012 of this Act or section 227.01 of the National Defence Act may apply for an order exempting them from the obligation within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act.
Marginal note:Jurisdiction
(1.1) The application shall be made to a court of criminal jurisdiction if
(a) it relates to an obligation under section 490.019 of this Act; or
(b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act.
Marginal note:2004, c. 10, s. 20
24. Sections 490.025 and 490.026 of the Act are replaced by the following:
Marginal note:Requirements relating to notice
490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause 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: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 of this Act or section 227.01 of the National Defence Act may apply for a termination order.
Marginal note:Time for application
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act:
(a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment for the offence is life.
Marginal note:More than one offence
(3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act.
Marginal note:Pardon
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Marginal note:Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.
Marginal note:Jurisdiction
(6) The application shall be made to a court of criminal jurisdiction if
(a) it relates to an obligation under section 490.019 of this Act; or
(b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.12(6) of that Act.
Marginal note:2004, c. 10, s. 20
25. (1) Subsection 490.027(1) of the English version of the Act is replaced by the following:
Marginal note:Termination order
490.027 (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 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.
(2) Section 490.027 of the Act is amended by adding the following after subsection (2):
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.
Marginal note:2004, c. 10, s. 20
26. Sections 490.028 and 490.029 of the Act are replaced by the following:
Marginal note:Deemed application
490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.
Marginal note:Appeal
490.029 (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(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, or allow it 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 490.027(1), it shall cause 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:2004, c. 10, s. 20
27. (1) Paragraphs 490.03(1)(a) and (b) of the Act are replaced by the following:
(a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 490.012; or
(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding for a termination order under subsection 490.016(1) or 490.027(1) or an exemption order under subsection 490.023(2), or for the purpose of an appeal from a decision made in a proceeding under any of those subsections or in a proceeding for an order under section 490.012.
Marginal note:2004, c. 10, s. 20
(2) Subsections 490.03(2) to (4) of the Act are replaced by the following:
Marginal note:Disclosure in connection with proceedings
(2) If a person, in connection with a proceeding or an appeal other than one referred to in subsection (1), discloses the fact that information relating to them is registered in the database, the Commissioner shall, on request, disclose to the prosecutor or the Attorney General all of the information relating to the person that 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.
Marginal note:2004, c. 10, s. 20
28. (1) The portion of section 490.031 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence
490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 of this Act or section 227.01 of the National Defence Act, or with an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, is guilty of an offence and liable
(2) Section 490.031 of the Act is amended by adding the following after subsection (1):
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.
29. The Act is amended by adding the following after section 490.031:
Marginal note:Offence
490.0311 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) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
(b) in the case of a second or subsequent offence,
(i) 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
(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
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