Criminal Code

Marginal note:Application for termination order

• 490.015 (1) A person who is subject to an order may apply for a termination order

  • (a) not earlier than five years after the order was made, in the case of an order that is applicable for 10 years under paragraph 490.013(2)(a);

  • (b) not earlier than 10 years after the order was made, in the case of an order that is applicable for 20 years under paragraph 490.013(2)(b);

  • (c) not earlier than 20 years after the order was made, in the case of an order that is applicable for life under paragraph 490.013(2)(c) or subsection 490.013(3) or (5); or

  • (d) on or after the day on which they receive a pardon.

• Marginal note:Application for termination of multiple orders

  (2) If more than one order is made in respect of a person, the person may apply for a termination order not earlier than 20 years after the most recent order was made under section 490.012, or on or after the day on which they receive a pardon. The application must be in relation to every order that is in effect.

• Marginal note:Person subject to obligation

  (3) If an applicant is also subject to an obligation under section 490.019, the application must be in relation to that obligation as well as to every order that is in effect.

• Marginal note:Re-application

  (4) A person whose application is refused may re-apply not earlier than five years after 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.

• Marginal note:Court to which application is made

  (5) A person must apply to a superior court of criminal jurisdiction under this section if such a court made an order to which the application relates. In any other case, they must apply to a court of criminal jurisdiction.