Criminal Code (R.S.C., 1985, c. C-46)

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• (2.1) [Repealed, 2023, c. 28, s. 8]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.

Marginal note:Reasons

490.0131 The court shall

• (a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.012(1); and

• (b) give reasons for a decision under subsection 490.012(3) or paragraph 490.013(3)(b).

Marginal note:Failure to make order

490.0132 If the court does not consider the matter under any of subsections 490.012(1) to (3) at the time the sentence is imposed, or a verdict of not criminally responsible on account of mental disorder is rendered, for a primary offence, the court

• (a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;

• (b) retains jurisdiction over the matter;

• (c) may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and

• (d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing.

Marginal note:Appeal

490.014 The prosecutor, or a person who is subject to an order made under section 490.012, may appeal from a decision of the court under section 490.012 or 490.013 on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

• (a) dismiss the appeal; or

• (b) allow the appeal and order a new hearing, quash or amend the order or make an order that may be made under section 490.012.

Marginal note:Application for termination order

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

  • (a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);

  • (b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or

  • (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or in any of subsections 490.013(3), (5) or (6).

• Marginal note:Multiple orders

  (2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.

• Marginal note:Pardon, record suspension or absolute discharge

  (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered or once they are absolutely discharged under paragraph 672.54(a).

• Marginal note:Scope of application

  (4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

• 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 or once a record suspension is ordered. 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) a superior court of criminal jurisdiction if

    • (i) one or more of the orders to which it relates were made by such a court under section 490.012, or

    • (ii) one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or

  • (b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.

Marginal note:Termination order

• 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that

  • (a) there would be no connection between continuing an order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

  • (b) the impact on the person of continuing an order or obligation, 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 that Act.

• Marginal note:Factors

  (1.1) In determining whether to make the termination order, the court shall consider

  • (a) the nature and seriousness of the offence that is the basis of an order or obligation;

  • (b) the victim’s age and other personal characteristics;

  • (c) the nature and circumstances of the relationship between the person and the victim;

  • (d) the personal characteristics and circumstances of the person;

  • (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

  • (f) the opinions of experts who have examined the person; and

  • (g) any other factors that the court considers relevant.

• Marginal note:Reasons for decision

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

• Marginal note:Requirements relating to notice

  (3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.

Marginal note:Appeal

• 490.017 (1) The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(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 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and 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:Requirements relating to notice

• 490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause

  • (a) the order to be read by or to the person who is subject to it;

  • (b) a copy of the order to be given to that person;

  • (c) that person 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; and

  • (d) a copy of the order to be sent to

    • (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

    • (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable,

    • (iii) the police service whose member charged that person with the offence in connection with which the order is made, and

    • (iv) the Commissioner of the Royal Canadian Mounted Police and, if there is a provincial police service that is responsible for the registration of information under the Sex Offender Information Registration Act in the province in which the court makes the order, the head of that police service.

• Marginal note:Endorsement

  (2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.

• Marginal note:Notice on disposition by Review Board

  (3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs

  • (a) under paragraph 672.54(a), that the person be discharged absolutely; or

  • (b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

• Marginal note:Notice before release

  (4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004

Marginal note:Obligation to comply

490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).

Marginal note:Persons who may be served

• 490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, 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) and

  • (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or

  • (b) in any other case,

    • (i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and

    • (ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario.

• Marginal note:Exception

  (2) A notice shall not be served on a person

  • (a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;

  • (b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or

  • (c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

• Marginal note:References

  (3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, and the reference in paragraph (2)(b) to subsection 490.012(3) is a reference to that provision as it read from time to time before that day.