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Bill S-39

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1st Session, 38th Parliament,
53-54 Elizabeth II, 2004-2005
senate of canada
BILL S-39
An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. N-5
NATIONAL DEFENCE ACT
1. Subsection 2(1) of the National Defence Act is amended by adding the following in alphabetical order:
“finding of not responsible on account of mental disorder”
« verdict de non-responsabilité pour cause de troubles mentaux »
“finding of not responsible on account of mental disorder” means a finding made under subsection 202.14(1);
“Provost Marshal”
« prévôt »
“Provost Marshal” means the Canadian Forces Provost Marshal;
2. The Act is amended by adding the following after section 119:
Offence in Relation to the Sex Offender Information Registration Act
Failure to comply with order or obligation
119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 203.01 of this Act or section 490.012 of the Criminal Code, or with an obligation under section 203.06 of this Act or section 490.019 of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.
Reasonable excuse
(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.
1991, c. 43, s. 18
3. Subsection 202.14(1) of the Act is replaced by the following:
Finding of not responsible on account of mental disorder
202.14 (1) If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder.
4. The Act is amended by adding the following after section 202.26:
Division 7.1
Sex Offender Information
Interpretation
Definitions
203. The following definitions apply in this Division.
“crime of a sexual nature”
« crime de nature sexuelle »
“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act.
“database”
« banque de données »
“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
“designated offence”
« infraction désignée »
“designated offence” means
(a) an offence within the meaning of paragraph (a), (c) or (d) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;
(b) an offence within the meaning of paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;
(c) an offence under
(i) paragraph 77(f) (offence against the property or person of inhabitant or resident of country where serving),
(ii) section 84 (striking or offering violence to a superior officer),
(iii) section 93 (cruel or disgraceful conduct),
(iv) section 95 (abuse of subordinates), or
(v) paragraph 120(a) (ill-treatment of occupant or person on whom billeted);
(d) an attempt or conspiracy to commit an offence referred to in paragraph (a); or
(e) an attempt or conspiracy to commit an offence referred to in paragraph (b) or (c).
“finding of not responsible on account of mental disorder”
« verdict de non-responsabilité pour cause de troubles mentaux »
“finding of not responsible on account of mental disorder” includes a verdict of not criminally responsible on account of mental disorder within the meaning of section 672.1 of the Criminal Code.
“pardon”
« réhabilitation »
“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 of the Criminal Code, that has not ceased to have effect or been revoked.
“prescribed form”
« formulaire réglementaire »
“prescribed form” means a form prescribed in the regulations made by the Governor in Council.
“registration centre”
« bureau d’inscription »
“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
“Review Board”
« commission d’examen »
“Review Board” means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code.
Order to Comply with the Sex Offender Information Registration Act
Order
203.01 (1) As soon as possible after a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (d) of the definition “designated offence” in section 203 or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 203.02.
Order
(2) As soon as possible after a court martial imposes a sentence on a person for an offence referred to in paragraph (b), (c) or (e) of the definition “designated offence” in section 203, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 203.02, 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) or (d) of that definition.
Order
(3) As soon as possible after a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 203.02, if the prosecutor establishes that
(a) the person was, before or after the coming into force of the Sex Offender Information Registration Act, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (d) of the definition “designated offence” in section 203 of this Act or in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code;
(b) the person has not been served with a notice under section 203.08 of this Act or section 490.021 of the Criminal Code in connection with the previous offence; and
(c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with the previous offence.
Interpretation
(4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence
(a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or
(b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Exception
(5) The court martial 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.
Reasons for decision
(6) The court martial shall give reasons for its decision.
Date order begins
203.02 (1) An order made under section 203.01 begins on the day on which it is made.
Duration of order
(2) An order made under subsection 203.01(1) or (2)
(a) ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;
(b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(c) applies for life if the maximum term of imprisonment for the offence is life.
Duration of order
(3) An order made under subsection 203.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 203.06 of this Act or section 490.019 of the Criminal Code.
Duration of order
(4) An order made under subsection 203.01(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 203.01 of this Act or section 490.012 of the Criminal Code.
Duration of order
(5) An order made under subsection 203.01(3) applies for life.
Application for termination order
203.03 (1) A person who is subject to an order may apply for a termination order
(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 203.02(2)(a);
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 203.02(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 203.02(2)(c) or subsection 203.02(3) or (5).
Multiple orders
(2) A person who is subject to more than one order made under section 203.01 may apply for a termination order if 20 years have elapsed since the most recent order was made.
Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 203.06 of this Act or section 490.019 of the Criminal Code, the application shall also be in relation to that obligation.
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 203.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
Jurisdiction
(6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or a non-commissioned member, of the reserve force at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code.
Court martial
(7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.
Termination order
203.04 (1) The court martial 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, 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
(2) The court martial shall give reasons for the decision.
Notice to Provost Marshal
(3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.
Requirements relating to notice
203.05 (1) When a court martial makes an order under section 203.01, 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 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; 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 the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and
(iii) the Provost Marshal.
Notice on disposition by Review Board
(2) A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs,
(a) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or
(b) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, 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 sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
Notice before release
(3) The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge.
Notice and Obligation to Comply with the Sex Offender Information Registration Act
Obligation to comply
203.06 A person who is served with a notice in the prescribed form shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 203.09 of this Act unless an exemption order is made under subsection 203.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
Persons who may be served
203.07 (1) The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (d) of the definition “designated offence” in section 203 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence.
Exception
(2) A notice shall not be served on a person if
(a) they may be served with a notice under section 490.021 of the Criminal Code;
(b) they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for, every offence in connection with which the notice may be served on them; or
(c) an application has been made for an order under subsection 203.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them.
Period for and method of service
203.08 (1) The notice shall be personally served within one year after the day on which section 203.07 comes into force.
Exception
(2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.
Proof of service
(3) 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
(4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.
Date obligation begins
203.09 (1) The obligation under section 203.06 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 203.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or
(b) when an exemption order is quashed.
Date obligation ends
(2) The obligation ends when an exemption order is made on an appeal from a decision made under subsection 203.1(4) of this Act or subsection 490.023(2) of the Criminal Code.
Duration of obligation
(3) If subsection (2) does not apply earlier, the obligation
(a) ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less;
(b) ends 20 years after the person was sentenced, or found not 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 responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (d) of the definition “designated offence” in section 203 of this Act or in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice.
Application for exemption order
203.1 (1) A person who is not subject to an order under section 203.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 203.08.
Jurisdiction
(2) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or a non-commissioned member, of the reserve force at the time. In any other case, the application shall be made to a court under section 490.023 of the Criminal Code.
Court martial
(3) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.
Exemption order
(4) The court martial 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
(5) The court martial shall give reasons for the decision.
Removal of information from database
(6) If the court martial 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
203.11 If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code.
Application for termination order
203.12 (1) A person who is subject to an obligation under section 203.06 and is not subject to an order under section 203.01 of this Act or section 490.012 of the Criminal Code may apply for a termination order.
Time for application
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not responsible on account of mental disorder, for an offence referred to in paragraph (a) or (d) of the definition “designated offence” in section 203:
(a) five years if the maximum term of imprisonment for the offence is five years or less;
(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment for the offence is life.
More than one offence
(3) If more than one offence is listed in the notice served under section 203.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (d) of the definition “designated offence” in section 203 of this Act or in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.
Pardon
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 203.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.
Jurisdiction
(6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or a non-commissioned member, of the reserve force at the time. In any other case, the application shall be made to a court under section 490.026 of the Criminal Code.
Court martial
(7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.
Termination order
203.13 (1) The court martial 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 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
(2) The court martial shall give reasons for the decision.
Requirements relating to notice
(3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.
Deemed application
203.14 If a person is eligible to apply for both an exemption order under section 203.1 and a termination order under section 203.12 within one year after they are served with a notice under section 203.08, an application within that period for one order is deemed to be an application for both.
Suspension of Time Limits, Proceedings and Obligations
Determination — inability to act for operational reasons
203.15 (1) The Chief of the Defence Staff may determine that a person who is subject to the Code of Service Discipline or is an officer, or a non-commissioned member, of the reserve force is, for operational reasons, unable to
(a) apply for an exemption order under section 203.1 of this Act or section 490.023 of the Criminal Code within the required period;
(b) appeal the legality of a decision made under section 203.01 or subsection 203.04(1), 203.1(4) or 203.13(1) of this Act, or appeal a decision made under section 490.012 or subsection 490.016(1), 490.023(2) or 490.027(1) of the Criminal Code, within the required period;
(c) participate in a proceeding relating to an exemption order referred to in paragraph (a) or in an appeal proceeding referred to in paragraph (b); or
(d) comply with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act within the required period.
Effects of determination
(2) If the Chief of the Defence Staff makes a determination, the following rules apply:
(a) in the case of a determination under paragraph (1)(a), the running of the period during which the person may apply for an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;
(b) in the case of a determination under paragraph (1)(b), the running of the period during which the person may appeal the legality of a decision, or a decision, is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;
(c) in the case of a determination under paragraph (1)(c),
(i) any proceeding relating to an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply, or
(ii) an application may be made to appeal the legality of a decision, or a decision, after the day on which the operational reasons first apply, but any appeal proceeding is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; and
(d) in the case of a determination under paragraph (1)(d), the person’s obligation to comply with the relevant section of the Sex Offender Information Registration Act is suspended from the day on which the operational reasons first apply until 15 days after the day on which they cease to apply.
Notice
(3) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, the date on which the operational reasons first apply and the date on which they cease to apply, and the Provost Marshal shall notify the person without delay.
Notice
(4) The Provost Marshal shall notify the following persons without delay of a determination made under paragraph (1)(b) or (c), the effect of the determination, the date on which the suspension of the time limit or proceeding first applies and the date on which it ceases to apply:
(a) the Minister or counsel instructed by the Minister if the decision in relation to which an appeal may be brought was made under this Act, or the Minister or counsel instructed by the Minister and the Court Martial Administrator if the proceeding was commenced under this Act; or
(b) the attorney general of a province or the minister of justice of a territory if the decision in relation to which an appeal may be brought was made, or the proceeding was commenced, in that jurisdiction under the Criminal Code.
Determination — information relating to an operation
203.16 (1) The Chief of the Defence Staff may determine that the communication, under section 6 of the Sex Offender Information Registration Act, of information that relates to an operation could jeopardize national security, international relations or the security of an operation that is within a class of operations designated by a regulation made under paragraph 203.2(b).
Notice
(2) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, and the Provost Marshal shall notify without delay any participant in the operation who is required to comply with section 6 of the Sex Offender Information Registration Act.
Effect of determination
(3) A participant in the operation is exempted from the requirement under section 6 of the Sex Offender Information Registration Act to provide the information relating to the operation.
Statutory Instruments Act
203.17 The Statutory Instruments Act does not apply to a determination made by the Chief of the Defence Staff under subsection 203.15(1) or 203.16(1).
Disclosure of Information
Disclosure by Commissioner
203.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine
(a) whether a person may be served with a notice under section 203.08;
(b) for the purpose of a proceeding for an order under section 203.01, a termination order under subsection 203.04(1) or 203.13(1) or an exemption order under subsection 203.1(4), or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline is, or was at any time, required to comply with an order made under section 203.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 203.06 of this Act or section 490.019 of the Criminal Code;
(c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or a non-commissioned member, of the reserve force and has been notified that they will be placed on active service, called out on service or called out under Part VI, is required to comply with an order made under section 203.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 203.06 of this Act or section 490.019 of the Criminal Code; or
(d) whether a person who is subject to the Code of Service Discipline or is an officer, or a non-commissioned member, of the reserve force may be the subject of a determination under subsection 203.15(1) or 203.16(1).
Disclosure by Provost Marshal
(2) The Provost Marshal shall disclose the information
(a) to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 203.01, a termination order under subsection 203.04(1) or 203.13(1) or an exemption order under subsection 203.1(4);
(b) to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a);
(c) to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or
(d) to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 203.15(1) or 203.16(1).
Disclosure in proceedings
(3) The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial.
Disclosure by Commissioner
203.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 203.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner shall disclose the information to the Provost Marshal without delay.
Disclosure by Provost Marshal
(2) The Provost Marshal shall disclose the information
(a) to the officer who has jurisdiction to try the person and to a person who provides legal advice to the officer with respect to the proceeding, in the case of a summary trial; or
(b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.
Disclosure in proceedings
(3) The officer who has jurisdiction to try the person may, if the officer is unable to preside over the summary trial, disclose the information to another officer who has jurisdiction to try the person and to a person who provides legal advice to that officer with respect to the summary trial.
Disclosure in proceedings
(4) The officer who presides over the summary trial may disclose the information to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the summary trial, if the information is relevant to the review.
Disclosure in proceedings
(5) The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review.
Disclosure in proceedings
(6) A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review.
Authorizations, Designations and Regulations
Regulations by Governor in Council
203.2 The Governor in Council may make regulations
(a) respecting the means by which designated classes of persons who are subject to the Code of Service Discipline are required to report under section 4, 4.1 or 4.3, or provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e);
(b) designating classes of operations in respect of which a determination may be made under subsection 203.16(1);
(c) authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline;
(d) authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline; and
(e) designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline, served by each registration centre.
Authorization
203.21 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf.
5. Section 230 of the Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) the legality of a decision made under section 203.01.
6. Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (f), by adding the word “or” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) the legality of a decision made under section 203.01.
7. The Act is amended by adding the following after section 230.1:
Appeal from order
230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 203.1 or a termination order under section 203.03 or 203.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.
1991, c. 43, s. 22; 1998, c. 35, par. 92(l)
8. Subsection 232(3) of the French version of the Act is replaced by the following:
Délai d’appel
(3) L’appel interjeté ou la demande d’autorisation d’appel présentée aux termes de la présente section ne sont recevables que si, dans les trente jours suivant la date à laquelle la cour martiale met fin à ses délibérations, l’avis d’appel est transmis au greffe de la Cour d’appel de la cour martiale ou, dans les circonstances prévues par un règlement du gouverneur en conseil, à toute personne désignée par ce règlement.
9. The Act is amended by adding the following after section 240.3:
Appeal against order or decision
240.4 (1) On the hearing of an appeal respecting the legality of a decision made under section 203.01 or subsection 203.04(1), 203.1(4) or 203.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.
Requirements relating to notice
(2) If the Court Martial Appeal Court or other court makes an order that may be made under section 203.01, it shall cause the requirements set out in section 203.05 to be fulfilled.
Requirements relating to notice
(3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 203.04(1) or 203.13(1), it shall cause the Provost Marshal to be notified of the decision.
Removal of information from database
(4) If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 203.1(4), it shall also make the order referred to in subsection 203.1(6).
1998, c. 35, s. 82
10. The definition “Provost Marshal” in section 250 of the Act is repealed.
R.S., c. C-46
CRIMINAL CODE
2004, c. 10, s. 20
11. (1) The definition “verdict of not criminally responsible on account of mental disorder” in subsection 490.011(1) of the Criminal Code is replaced by the following:
“verdict of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité »
“verdict of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of section 672.1 or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.
2004, c. 10, s. 20
(2) Subparagraph (c)(v) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(v) subsection 246(1) (assault with intent) — excluding the version of that subsection enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83 — and sections 246.1 (sexual assault), 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm) and 246.3 (aggravated sexual assault), as enacted by that section 19;
2004, c. 10, s. 20
12. The heading before section 490.012 of the Act is replaced by the following:
Order to Comply with the Sex Offender Information Registration Act
2004, c. 10, s. 20
13. Subsections 490.012(1) to (3) of the Act are replaced by the following:
Order
490.012 (1) As soon as possible after a court imposes a sentence on a 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, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
Order
(2) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, 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.
Order
(3) As soon as possible after a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes that
(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) of this Act or in paragraph (a) or (d) of the definition “designated offence” in section 203 of the National Defence Act;
(b) the person has not been served with a notice under section 490.021 of this Act or section 203.08 of the National Defence Act in connection with the previous offence; and
(c) no order was made under subsection (1) or under subsection 203.01(1) of the National Defence Act in connection with the previous offence.
2004, c. 10, s. 20
14. (1) Paragraphs 490.013(2)(a) to (c) of the English version of the Act are replaced by the following:
(a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and
(c) applies for life if the maximum term of imprisonment for the offence is life.
2004, c. 10, s. 20
(2) Subsections 490.013(3) and (4) of the Act are replaced by the following:
Duration of order
(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 of this Act or section 203.06 of the National Defence Act.
Duration of order
(4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 203.01 of the National Defence Act.
2004, c. 10, s. 20
(3) Subsection 490.013(5) of the English version of the Act is replaced by the following:
Duration of order
(5) An order made under subsection 490.012(3) applies for life.
2004, c. 10, s. 20
15. Section 490.015 of the Act is replaced by the following:
Application for termination order
490.015 (1) A person who is subject to an order may apply for a termination order
(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);
(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(3) or (5).
Multiple orders
(2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 203.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.
Pardon
(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.
Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 of this Act or section 203.06 of the National Defence Act, the application shall also be in relation to that obligation.
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 203.01 of the National Defence Act after the previous application was made.
Jurisdiction
(6) The application shall be made to
(a) a superior court of criminal jurisdiction if
(i) one or more of the orders to which it relates were made by such a court under section 490.012, or
(ii) one or more of the orders to which it relates were made under section 203.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.03(6) of that Act; or
(b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.
2004, c. 10, s. 20
16. (1) Subsection 490.016(1) of the Act is replaced by the following:
Termination order
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, 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.
(2) Section 490.016 of the Act is amended by adding the following after subsection (2):
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.
17. Section 490.017 of the Act is renumbered as subsection 490.017(1) and is amended by adding the following:
Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.
2004, c. 10, s. 20
18. (1) Paragraph 490.018(1)(c) of the Act is replaced by the following:
(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and
2004, c. 10, s. 20
(2) Paragraph 490.018(3)(b) of the Act is replaced by the following:
(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 sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.
2004, c. 10, s. 20
19. The heading before section 490.019 of the Act is replaced by the following:
Notice and Obligation to Comply with the Sex Offender Information Registration Act
2004, c. 10, s. 20
20. (1) Paragraphs 490.02(2)(a) and (b) of the Act are replaced by the following:
(a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 203.08 of the National Defence Act;
(b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 203.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 203.08 of the National Defence Act; or
2004, c. 10, s. 20
(2) Paragraph 490.02(2)(c) of the English version of the Act is replaced by the following:
(c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.
2004, c. 10, s. 20
21. (1) Subsection 490.021(1) of the French version of the Act is replaced by the following:
Signification
490.021 (1) L’avis est signifié à personne dans l’année qui suit la date d’entrée en vigueur de la Loi sur l’enregistrement de renseignements sur les délinquants sexuels.
2004, c. 10, s. 20
(2) Subsection 490.021(2) of the Act is replaced by the following:
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 of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.
2004, c. 10, s. 20
22. (1) Paragraphs 490.022(1)(a) and (b) of the English version of the Act are replaced by the following:
(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.
2004, c. 10, s. 20
(2) Paragraphs 490.022(3)(a) and (b) of the Act are replaced by the following:
(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;
2004, c. 10, s. 20
(3) Paragraph 490.022(3)(c) of the English version of the Act is replaced by the following:
(c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or
2004, c. 10, s. 20
(4) Paragraph 490.022(3)(d) of the Act is replaced by the following:
(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), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (d) of the definition “designated offence” in section 203 of the National Defence Act and if more than one of those offences is listed in the notice.
2004, c. 10, s. 20
23. Subsection 490.023(1) of the Act is replaced by the following:
Application for exemption order
490.023 (1) A person who is not subject to an order under section 490.012 of this Act or section 203.01 of the National Defence Act may apply for an order exempting them from the obligation within one year after they are served with a notice under section 490.021 of this Act or section 203.08 of the National Defence Act.
Jurisdiction
(1.1) The application shall be made to a court of criminal jurisdiction if
(a) it relates to an obligation under section 490.019 of this Act; or
(b) it relates to an obligation under section 203.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.1(2) of that Act.
2004, c. 10, s. 20
24. Sections 490.025 and 490.026 of the Act are replaced by the following:
Requirements relating to notice
490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision, and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
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 of this Act or section 203.01 of the National Defence Act may apply for a termination order.
Time for application
(2) A person may apply for a termination order if the following period has elapsed since 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) of this Act or in paragraph (a) or (d) of the definition “designated offence” in section 203 of the National Defence Act:
(a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment for the offence is life.
More than one offence
(3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (d) of the definition “designated offence” in section 203 of the National Defence Act.
Pardon
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.
Re-application
(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 203.01 of the National Defence Act after the previous application was made.
Jurisdiction
(6) The application shall be made to a court of criminal jurisdiction if
(a) it relates to an obligation under section 490.019 of this Act; or
(b) it relates to an obligation under section 203.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 203.12(6) of that Act.
2004, c. 10, s. 20
25. (1) Subsection 490.027(1) of the English version of the Act is replaced by the following:
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 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.
(2) Section 490.027 of the Act is amended by adding the following after subsection (2):
Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.
2004, c. 10, s. 20
26. Sections 490.028 and 490.029 of the Act are replaced by the following:
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 of this Act or section 203.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.
Appeal
490.029 (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(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
(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.
2004, c. 10, s. 20
27. (1) Paragraphs 490.03(1)(a) and (b) of the Act are replaced by the following:
(a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 490.012; or
(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding for a termination order under subsection 490.016(1) or 490.027(1) or an exemption order under subsection 490.023(2), or for the purpose of an appeal from a decision made in a proceeding under any of those subsections or in a proceeding for an order under section 490.012.
2004, c. 10, s. 20
(2) Subsections 490.03(2) to (4) of the Act are replaced by the following:
Disclosure in connection with proceedings
(2) If a person, in connection with a proceeding or an appeal other than one referred to in subsection (1), discloses the fact that information relating to them is registered in the database, the Commissioner shall, on request, disclose to the prosecutor or the Attorney General all of the information relating to the person that is registered in the database.
Disclosure in proceedings
(3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.
2004, c. 10, s. 20
28. (1) The portion of section 490.031 of the Act before paragraph (a) is replaced by the following:
Offence
490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 of this Act or section 203.01 of the National Defence Act, or with an obligation under section 490.019 of this Act or section 203.06 of the National Defence Act, is guilty of an offence and liable
(2) Section 490.031 of the Act is amended by adding the following after subsection (1):
Reasonable excuse
(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.
29. The Act is amended by adding the following after section 490.031:
Offence
490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act 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.
2004, c. 10, s. 21
30. (1) The paragraph before section 1 of Form 52 in Part XXVIII of the French version of the Act is replaced by the following:
Vous avez été déclaré coupable d’avoir ............... (décrire chaque infraction), infraction(s) désignée(s) au sens du paragraphe 490.011(1) du Code criminel, en violation de ............. (citer la disposition du Code criminel relative à chaque infraction désignée) ou un verdict de non-responsabilité a été rendu à votre égard.
2004, c. 10, s. 21
(2) Sections 1 and 2 of Form 52 in Part XXVIII of the Act are replaced by the following:
1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act.
2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies, for life).
2004, c. 10, s. 21
(3) Section 5 of Form 52 in Part XXVIII of the Act is replaced by the following:
5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.
2004, c. 10, s. 21
31. (1) The paragraph before section 1 of Form 53 in Part XXVIII of the Act is replaced by the following:
Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (d) of the definition “designated offence” in section 203 of the National Defence Act, under ....... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.
2004, c. 10, s. 21
(2) Sections 1 and 2 of Form 53 in Part XXVIII of the Act are replaced by the following:
1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.
2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) or (d) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.
2004, c. 10, s. 21
(3) Section 5 of Form 53 in Part XXVIII of the Act is replaced by the following:
5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.




Explanatory Notes
National Defence Act
Clause 1: New.
Clause 2: New.
Clause 3: Existing text of subsection 202.14(1):
202.14 (1) Where a court martial finds that an accused person committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed that act or made the omission but is not responsible on account of mental disorder (referred to in this Act as a finding of not responsible on account of mental disorder).
Clause 4: New.
Clause 5: Relevant portion of section 230:
230. Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:
Clause 6: Relevant portion of section 230.1:
230.1 The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters:
Clause 7: New.
Clause 8: Existing text of subsection 232(3):
(3) No appeal or application for leave to appeal under this Division shall be entertained unless the Notice of Appeal is delivered within thirty days after the date on which the court martial terminated its proceedings to the Registry of the Court Martial Appeal Court or, in such circumstances as may be prescribed by the Governor in Council in regulations, to a person prescribed in those regulations.
Clause 9: New.
Clause 10: Existing text of the definition:
“Provost Marshal” means the Canadian Forces Provost Marshal.
Criminal Code
Clause 11: (1) Existing text of the definition:
“verdict of not criminally responsible on account of mental disorder” has the same meaning as in section 672.1.
(2) Relevant portion of the definition:
“designated offence” means
...
(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:
...
(v) subsection 246(1) (assault with intent);
Clause 12: Existing text of the heading:
Order to Comply with Registration Requirements
Clause 13: Existing text of subsections 490.012(1) to (3):
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.
(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.
(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
(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);
(b) the person is not, and was not at any time, subject to an obligation under section 490.019; and
(c) no order was made under subsection (1) in connection with the previous offence.
Clause 14: (1) to (3) Existing text of subsections 490.013(2) to (5):
(2) An order made under subsection 490.012(1) or (2)
(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;
(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
(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.
(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.
(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.
(5) An order made under subsection 490.012(3) applies to a person for life.
Clause 15: Existing text of section 490.015:
490.015 (1) A person who is subject to an order may apply for a termination order
(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);
(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);
(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
(d) on or after the day on which they receive a pardon.
(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.
(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.
(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.
(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.
Clause 16: (1) Existing text of subsection 490.016(1):
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.
(2) New.
Clause 17: New.
Clause 18: (1) Relevant portion of subsection 490.018(1):
490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause
...
(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
(2) Relevant portion of subsection 490.018(3):
(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
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(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.
Clause 19: Existing text of the heading:
Obligation to Comply with Registration Requirements
Clause 20: (1) and (2) Existing text of subsection 490.02(2):
(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.
Clause 21: (1) and (2) Existing text of subsections 490.021(1) and (2):
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.
(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.
Clause 22: (1) Existing text of subsection 490.022(1):
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.
(2) to (4) Existing text of subsection 490.022(3):
(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).
Clause 23: Existing text of subsection 490.023(1):
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.
Clause 24: Existing text of sections 490.025 and 490.026:
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.
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.
(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.
(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.
(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.
Clause 25: (1) Existing text of subsection 490.027(1):
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.
(2) New.
Clause 26: Existing text of sections 490.028 and 490.029:
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.
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.
Clause 27: (1) and (2) Existing text of section 490.03:
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.
(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.
(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.
(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.
Clause 28: (1) Relevant portion of section 490.031:
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
(2) New.
Clause 29: New.
Clause 30: (1) to (3) Relevant portion of Form 52:
You have been convicted of, or found not criminally responsible on account of mental disorder for, ............. (insert description of offence(s)), a designated offence (or if more than one offence, designated offences) within the meaning of subsection 490.011(1) of the Criminal Code, under ......... (insert the applicable designated offence provision(s) of the Criminal Code).
1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(2) of the Sex Offender Information Registration Act.
2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies, for life).
...
5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information.
Clause 31: (1) to (3) Relevant portion of Form 53:
Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, under ....... (insert the applicable offence provision(s) of the Criminal Code), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.
1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(3) of the Sex Offender Information Registration Act.
2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act for a period of ....... years after the day on which you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.
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5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information.