| R.S., c. C-46
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20. The Criminal Code is amended by
adding the following after section 490.01:
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Interpretation
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| Definitions
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490.011 (1) The following definitions apply
in this section and in sections 490.012 to
490.032.
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``crime of a
sexual
nature''
« crimes de
nature
sexuelle »
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``crime of a sexual nature'' means a crime
referred to in subsection 3(2) of the Sex
Offender Information Registration Act.
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``database''
« banque de
données »
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``database'' has the same meaning as in
subsection 3(1) of the Sex Offender
Information Registration Act.
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``designated
offence''
« infraction
désignée »
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``designated offence'' means
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(a) an offence under any of the following
provisions:
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(i) subsection 7(4.1) (offence in
relation to sexual offences against
children),
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(ii) section 151 (sexual interference),
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(iii) section 152 (invitation to sexual
touching),
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(iv) section 153 (sexual exploitation),
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(v) section 153.1 (sexual exploitation
of person with disability),
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(vi) section 155 (incest),
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(vii) subsection 160(3) (bestiality in
presence of or by a child),
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(viii) section 163.1 (child
pornography),
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(ix) section 170 (parent or guardian
procuring sexual activity),
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(x) section 172.1 (luring a child by
means of a computer system),
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(xi) subsection 173(2) (exposure),
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(xii) paragraph 212(1)(i) (stupefying
or overpowering for the purpose of
sexual intercourse),
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(xiii) subsection 212(2) (living on the
avails of prostitution of a person under
age of eighteen),
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(xiv) subsection 212(2.1) (aggravated
offence - living on the avails of
prostitution of a person under age of
eighteen),
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(xv) subsection 212(4) (obtaining
prostitution of person under age of
eighteen),
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(xvi) section 271 (sexual assault),
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(xvii) section 272 (sexual assault with
a weapon, threats to a third party or
causing bodily harm),
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(xviii) paragraph 273(2)(a)
(aggravated sexual assault - use of a
firearm),
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(xix) paragraph 273(2)(b) (aggravated
sexual assault), and
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(xx) subsection 273.3(2) (removal of a
child from Canada);
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(b) an offence under any of the following
provisions:
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(i) subsection 173(1) (indecent acts),
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(ii) section 177 (trespassing at night),
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(iii) section 230 (murder in
commission of offences),
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(iv) section 234 (manslaughter),
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(v) paragraph 246(b) (overcoming
resistance to commission of offence),
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(vi) section 264 (criminal harassment),
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(vii) section 279 (kidnapping),
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(viii) section 280 (abduction of a
person under age of sixteen),
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(ix) section 281 (abduction of a person
under age of fourteen),
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(x) paragraph 348(1)(d) (breaking and
entering a dwelling house with intent
to commit an indictable offence),
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(xi) paragraph 348(1)(d) (breaking and
entering a dwelling house and
committing an indictable offence),
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(xii) paragraph 348(1)(e) (breaking
and entering a place other than a
dwelling house with intent to commit
an indictable offence), and
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(xiii) paragraph 348(1)(e) (breaking
and entering a place other than a
dwelling house and committing an
indictable offence);
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(c) an offence under any of the following
provisions of the Criminal Code, chapter
C-34 of the Revised Statutes of Canada,
1970, as they read from time to time
before January 4, 1983:
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(ii) section 145 (attempt to commit
rape),
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(iii) section 149 (indecent assault on
female),
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(iv) section 156 (indecent assault on
male), and
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(v) subsection 246(1) (assault with
intent);
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(d) an offence under any of the following
provisions of the Criminal Code, chapter
C-34 of the Revised Statutes of Canada,
1970, as they read from time to time
before January 1, 1988:
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(i) subsection 146(1) (sexual
intercourse with a female under age of
fourteen),
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(ii) subsection 146(2) (sexual
intercourse with a female between
ages of fourteen and sixteen),
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(iii) section 153 (sexual intercourse
with step-daughter),
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(iv) section 157 (gross indecency),
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(v) section 166 (parent or guardian
procuring defilement), and
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(vi) section 167 (householder
permitting defilement);
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(e) an attempt or conspiracy to commit an
offence referred to in any of paragraphs
(a), (c) and (d); or
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(f) an attempt or conspiracy to commit an
offence referred to in paragraph (b).
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``Ontario
Act''
« loi
ontarienne »
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``Ontario Act'' means Christopher's Law (Sex
Offender Registry), 2000, S.O. 2000, c. 1.
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``pardon''
« réhabilitatio
n »
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``pardon'' means a pardon granted by any
authority under law, other than a free
pardon granted under Her Majesty's royal
prerogative of mercy or under section 748,
that has not ceased to have effect or been
revoked.
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``registration
centre''
« bureau
d'inscription
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``registration centre'' has the same meaning as
in subsection 3(1) of the Sex Offender
Information Registration Act.
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``Review
Board''
« commission
d'examen »
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``Review Board'' means the Review Board
established or designated for a province
under subsection 672.38(1).
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``verdict of
not criminally
responsible on
account of
mental
disorder''
« verdict de
non-responsa
bilité »
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``verdict of not criminally responsible on
account of mental disorder'' has the same
meaning as in section 672.1.
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| Interpretation
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(2) For the purpose of this section and
sections 490.012 to 490.032, a person who is
convicted of, or found not criminally
responsible on account of mental disorder for,
a designated offence does not include a young
person
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(a) within the meaning of subsection 2(1) of
the Youth Criminal Justice Act unless they
are given an adult sentence within the
meaning of that subsection for the offence;
or
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(b) within the meaning of subsection 2(1) of
the Young Offenders Act, chapter Y-1 of the
Revised Statutes of Canada, 1985, unless
they are convicted of the offence in ordinary
court within the meaning of that subsection.
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Order to Comply with Registration
Requirements
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| Order
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490.012 (1) A court shall, on application of
the prosecutor, make an order in Form 52
requiring a person to comply with the Sex
Offender Information Registration Act for the
applicable period specified in subsection
490.013(2), (3) or (4) as soon as possible after
it imposes a sentence on the person for an
offence referred to in paragraph (a), (c), (d) or
(e) of the definition ``designated offence'' in
subsection 490.011(1), or renders a verdict of
not criminally responsible on account of
mental disorder for such an offence.
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| Order
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(2) A court shall, on application of the
prosecutor, make an order in Form 52
requiring a person to comply with the Sex
Offender Information Registration Act for the
applicable period specified in subsection
490.013(2), (3) or (4) as soon as possible after
it imposes a sentence on the person for an
offence referred to in paragraph (b) or (f) of the
definition ``designated offence'' in subsection
490.011(1), if the prosecutor establishes
beyond a reasonable doubt that the person
committed the offence with the intent to
commit an offence referred to in paragraph
(a), (c), (d) or (e) of that definition.
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| Order
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(3) A court shall, on application of the
prosecutor, make an order in Form 52
requiring a person in respect of whom an order
may be made under subsection (1) or (2) to
comply with the Sex Offender Information
Registration Act for the applicable period
specified in subsection 490.013(5), as soon as
possible after it imposes a sentence on the
person for a designated offence or renders a
verdict of not criminally responsible on
account of mental disorder for such an
offence, if the prosecutor establishes that
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(a) the person was, before or after the
coming into force of that Act, previously
convicted of, or found not criminally
responsible on account of mental disorder
for, an offence referred to in paragraph (a),
(c), (d) or (e) of the definition ``designated
offence'' in subsection 490.011(1);
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(b) the person is not, and was not at any
time, subject to an obligation under section
490.019; and
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(c) no order was made under subsection (1)
in connection with the previous offence.
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| Exception
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(4) The court is not required to make an
order under this section if it is satisfied that the
person has established that, if the order were
made, the impact on them, including on their
privacy or liberty, would be grossly
disproportionate to the public interest in
protecting society through the effective
investigation of crimes of a sexual nature, to
be achieved by the registration of information
relating to sex offenders under the Sex
Offender Information Registration Act.
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| Reasons for
decision
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(5) The court shall give reasons for its
decision.
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| Date order
begins
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490.013 (1) An order made under section
490.012 begins on the day on which it is made.
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| Duration of
order
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(2) An order made under subsection
490.012(1) or (2)
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(a) ends 10 years after it was made if the
offence in connection with which it was
made was prosecuted summarily or is an
offence for which the maximum term of
imprisonment is two or five years;
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(b) ends 20 years after it was made if the
offence in connection with which it was
made is one for which the maximum term of
imprisonment is 10 or 14 years; and
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(c) applies to the person for life if the
offence in connection with which it was
made is one for which the maximum term of
imprisonment is life.
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| Duration of
order
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(3) An order made under subsection
490.012(1) or (2) applies to a person for life if
they are, or were at any time, subject to an
obligation under section 490.019.
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| Duration of
order
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(4) An order made under subsection
490.012(1) or (2) applies to a person for life if
they are, or were at any time, subject to an
order made previously under either of those
subsections.
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| Duration of
order
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(5) An order made under subsection
490.012(3) applies to a person for life.
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| Appeal
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490.014 The prosecutor, or a person who is
subject to an order under section 490.012, may
appeal from a decision of the court under that
section 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 order or
make an order that may be made under that
section.
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| Application
for
termination
order
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490.015 (1) A person who is subject to an
order may apply for a termination order
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(a) not earlier than five years after the order
was made, in the case of an order that is
applicable for 10 years under paragraph
490.013(2)(a);
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(b) not earlier than 10 years after the order
was made, in the case of an order that is
applicable for 20 years under paragraph
490.013(2)(b);
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(c) not earlier than 20 years after the order
was made, in the case of an order that is
applicable for life under paragraph
490.013(2)(c) or subsection 490.013(3) or
(5); or
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(d) on or after the day on which they receive
a pardon.
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| Application
for
termination of
multiple
orders
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(2) If more than one order is made in respect
of a person, the person may apply for a
termination order not earlier than 20 years
after the most recent order was made under
section 490.012, or on or after the day on
which they receive a pardon. The application
must be in relation to every order that is in
effect.
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| Person subject
to obligation
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(3) If an applicant is also subject to an
obligation under section 490.019, the
application must be in relation to that
obligation as well as to every order that is in
effect.
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| Re-applicatio
n
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(4) A person whose application is refused
may re-apply not earlier than five years after
they made the previous application. However,
they may not re-apply under this subsection if
an order is made with respect to them under
section 490.012 after the previous application
was made.
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| Court to
which
application is
made
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(5) A person must apply to a superior court
of criminal jurisdiction under this section if
such a court made an order to which the
application relates. In any other case, they
must apply to a court of criminal jurisdiction.
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| Termination
order
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490.016 (1) The court shall make a
termination order if it is satisfied that the
person has established that the impact on them
of continuing the order or orders, and any
obligation, to which the application relates,
including on their privacy or liberty, would be
grossly disproportionate to the public interest
in the protection of society through the
effective investigation of crimes of a sexual
nature, to be achieved by the registration of
information relating to sex offenders under the
Sex Offender Information Registration Act.
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| Reasons for
decision
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(2) The court shall give reasons for its
decision.
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