Criminal Code

Marginal note:Termination order

• 490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

  • (a) there would be no connection between continuing the 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 the 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 the 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.