Criminal Code

Marginal note:Date order begins

• 490.013 (1) An order made under section 490.012 begins on the day on which it is made.

• Marginal note:Duration of order — s. 490.012(1) or (3)

  (2) An order made under subsection 490.012(1) or (3)

  • (a) subject to subsections (3) and (5), ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

  • (b) subject to subsections (3) and (5), ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

  • (c) applies for life if the maximum term of imprisonment for the offence is life.

• (2.1) [Repealed, 2023, c. 28, s. 8]

• Marginal note:Duration of order — offences in same proceeding

  (3) An order made under subsection 490.012(1) or (3) applies for life if

  • (a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.012(1) to (3) may be made; and

  • (b) the court is satisfied that those offences demonstrate, or 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:If court not satisfied

  (4) If paragraph (3)(a) applies in the circumstances but the court is not satisfied as set out in paragraph (3)(b), the duration of the order is determined by applying paragraphs (2)(a) to (c) to the designated offence with the longest maximum term of imprisonment.

• Marginal note:Duration of order — other order or obligation

  (5) An order made under subsection 490.012(1) or (3) applies for life if the person

  • (a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or

  • (b) is, or was at any time, the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

• Marginal note:Duration of order — s. 490.012(2)

  (6) An order made under subsection 490.012(2) applies for life.