Criminal Code

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:Exemption order

  (2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or 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.

• Marginal note:Reasons for decision

  (3) The court shall give reasons for its decision.

• Marginal note:Removal of information from database

  (4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.