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 the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or

  • (b) when an exemption order 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 or record suspension to a person who collects information, as defined in 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 person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

  • (b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

  • (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

  • (d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

• Marginal note:Reference

  (4) The reference in paragraph (3)(d) to the definition designated offence is to a reference to that definition as it read from time to time before the day on which this subsection comes into force.