Criminal Code

Marginal note:Application for termination order

• 490.02912 (1) A person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for a termination order unless they are also subject to an obligation under section 490.019 or 490.02901 or under section 227.06 of the National Defence Act — or to an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

• Marginal note:Time for application — one offence

  (2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:

  • (a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;

  • (b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or

  • (c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.

• Marginal note:More than one offence

  (3) If more than one offence is listed in the copy of the Form 1 that was delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.

• Marginal note:Absolute discharge

  (3.1) Despite subsections (2) and (3), a person may apply for a termination order once they are absolutely discharged under paragraph 672.54(a).

• Marginal note:Re-application

  (4) A person whose application is refused may apply again if five years have elapsed since the application was made.