Criminal Code

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.