Criminal Code

Marginal note:Date obligation begins

• 490.022 (1) The obligation under section 490.019 begins

  • (a) either one year after the day on which a person is served with a notice under section 490.021 or when a court decides not to make an exemption order under subsection 490.023(2), whichever is later; or

  • (b) when an exemption order made under this Act is quashed.

• Marginal note:Date obligation ends

  (2) The obligation ends on the earliest of

  • (a) the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2),

  • (b) the day on which the obligation of a person referred to in paragraph 490.02(1)(b) to comply with section 3 of the Ontario Act ends under paragraph 7(1)(a) of that Act, or

  • (c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.

• Marginal note:Duration of obligation

  (3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation

  • (a) ends 10 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates that was prosecuted summarily or for which the maximum term of imprisonment is two or five years;

  • (b) ends 20 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates and for which the maximum term of imprisonment is 10 or 14 years;

  • (c) applies for life if the maximum term of imprisonment for an offence to which the obligation relates is life; or

  • (d) applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition designated offence in subsection 490.011(1).