Appeal	490.017 The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016 (1) 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 termination order or make an order that may be made under that subsection.
Requirements relating to notice	490.018 (1) When a court or appeal court makes an order under section 490.012 , it shall cause
	(a) the order to be read by or to the person who is subject to it;
	(b) a copy of the order to be given to that person;
	(c) that person to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031 ; and
	(d) a copy of the order to be sent to
	(i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,
	(ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable, and
	(iii) the police service whose member charged that person with the offence in connection with which the order is made.
Endorsement	(2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.
Notice on disposition by Review Board	(3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs
	(a) under paragraph 672.54(a), that the person be discharged absolutely; or
	(b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person's liberty in a manner and to an extent that prevent them from complying with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act.
Notice before release	(4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge.
	Obligation to Comply with Registration Requirements
Obligation to comply	490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2).
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), (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.
Exception	(2) A notice shall not be served on a person
	(a) referred to in paragraph (1)(a) or (b) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty's royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph;
	(b) referred to in paragraph (1)(a) or (b) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or
	(c) referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
Period for and method of service	490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force.
Exception	(2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or conditions set under this Act, that relate to residence, the notice may be served by registered mail at their last known address.
Exception	(3) If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address.
Exception	(4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address.
Proof of service	(5) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that
	(a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;
	(b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and
	(c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.
Requirements relating to notice	(6) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served.
Date obligation begins	490.022 (1) The obligation under section 490.019 begins
	(a) either one year after the day on which a person is served with a notice under section 490.021 or when a court decides not to make an exemption order under subsection 490.023(2), whichever is later; or
	(b) when an exemption order made under this Act is quashed.
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 to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre.
Duration of obligation	(3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation
	(a) ends 10 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates that was prosecuted summarily or for which the maximum term of imprisonment is two or five years;
	(b) ends 20 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates and for which the maximum term of imprisonment is 10 or 14 years;
	(c) applies for life if the maximum term of imprisonment for an offence to which the obligation relates is life; or
	(d) applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence'' in subsection 490.011(1).
Application for exemption order	490.023 (1) A person who is not subject to an order under section 490.012 may, within one year after the day on which they are served with a notice under section 490.021, apply to any court of criminal jurisdiction for an order exempting them from the obligation under section 490.019.
Exemption order	(2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation 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.
Reasons for decision	(3) The court shall give reasons for its decision.
Effect of exemption order	(4) If the court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.
Appeal	490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) 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 exemption order or make an order that may be made under that subsection.
Effect of exemption order	(2) If an appeal court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.
Requirements relating to notice	490.025 When a court decides not to make an exemption order under subsection 490.023(2) or an appeal court dismisses an appeal from such a decision or quashes an exemption order made under that subsection, it shall notify the Attorney General of the decision and cause the person who applied for the exemption order to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031.
Application for termination order	490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 may apply to a court of criminal jurisdiction for a termination order.
Time for application	(2) A person may apply for a termination order under subsection (1) if the following period has elapsed since the day on which they were sentenced, 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):
	(a) five years if the offence was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;
	(b) 10 years if the offence is one for which the maximum term of imprisonment is 10 or 14 years; and
	(c) 20 years if the offence is one for which the maximum term of imprisonment is life.
More than one offence	(3) A person who committed more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence'' in subsection 490.011(1) may apply for a termination order under subsection (1) if 20 years have elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence.
Re-applicatio n	(4) A person whose application is refused may re-apply if five years have elapsed since the day on which 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.
Termination order	490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, 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.
Reasons for decision	(2) The court shall give reasons for its decision.
Deemed application	490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021, an application within that period for one order is deemed to be an application for both.
Appeal	490.029 The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under section 490.027 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 termination order or make an order that may be made under that section.
	Disclosure of Information
Disclosure by Commissioner	490.03 (1) At the request of a prosecutor or the Attorney General, as the case may be, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database or the fact that such information is registered in the database
	(a) to the prosecutor, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding for an order under section 490.012; or
	(b) to the Attorney General, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding under section 490.015, 490.023 or 490.026, or an appeal from a decision made in a proceeding under any of those sections or in a proceeding for an order under section 490.012.
Disclosure by Commissioner	(2) At the request of the Attorney General, the Commissioner shall disclose to the Attorney General all information relating to a person that is registered in the database if the person, in connection with a proceeding, discloses any such information or the fact that any such information is registered in the database.
Disclosure in legal proceedings	(3) The prosecutor or the Attorney General may disclose the information to a court in connection with a proceeding referred to in subsection (1) or (2), or to an appeal court in connection with an appeal from a decision made in the proceeding, if the information is relevant to the proceeding or appeal.
Disclosure in legal proceedings	(4) Information that is collected under the Sex Offender Information Registration Act or registered in the database and that is relevant to the proceeding may be disclosed to a judge or justice in a proceeding relating to an application for a search warrant in connection with the investigation of a crime that there are reasonable grounds to suspect is of a sexual nature.
	Offences
Offence	490.031 Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or with an obligation under section 490.019 , is guilty of an offence and liable
	(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
	(b) in the case of a second or subsequent offence,
	(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
	(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.
	Regulations
Regulations	490.032 The Governor in Council may make regulations
	(a) requiring that additional information be contained in a notice under Form 53; and
	(b) prescribing, for one or more provinces, the form and content of that information.
	21. Part XXVIII of the Act is amended by adding the following at the end of that Part :