This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act to, among other things,

The enactment also amends the Criminal Code to, among other things, codify the process for modifying and revoking publication bans, and add a requirement for sentencing courts to inquire into whether the victim of an offence would like to receive information about the administration of the offender’s sentence and, in the affirmative, provide the Correctional Service of Canada with the victim’s contact information.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

• (a) an indictable offence and liable to imprisonment for a term not exceeding Insertion start 10 Insertion end years; or

Order restricting publication  — sexual offences

486.‍4 (1) Subject to subsection (2), the presiding judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document, broadcast or transmitted in any way or Insertion start otherwise made available Insertion end , in proceedings in respect of

• (i) an offence under section 151, 152, 153, 153.‍1, 155, 160, 162, Insertion start 162.‍1 Insertion end , 163.‍1, 170, 171, 171.‍1, 172, 172.‍1, 172.‍2, 173, 213, 271, 272, 273, 279.‍01, 279.‍011, 279.‍02, 279.‍03, 280, 281, 286.‍1, 286.‍2, 286.‍3, 346 or 347, or

Victim under 18  —  other offences

(2.‍1) Subject to subsection (2.‍2), in proceedings in respect of an offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the presiding judge or justice may make an order directing that any information that could identify the victim shall not be published in any document, broadcast or transmitted in any way or Insertion start otherwise made available Insertion end .

Inquiry by court

(3.‍1) If the prosecutor makes an application for an order under paragraph (2)‍(b) or (2.‍2)‍(b), the presiding judge or justice shall inquire of the prosecutor if reasonable steps were taken, before the application was made, to consult the victim with respect to the application.

Order restricting publication — victims and witnesses

486.‍5 (1) Unless an order is made under section 486.‍4, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a judge or justice may make an order directing that any information that could identify the victim or witness shall not be published in any document, broadcast or transmitted in any way or Insertion start otherwise made available Insertion end if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

Justice system participants

(2) On application of the prosecutor in respect of a justice system participant who is involved in proceedings in respect of an offence referred to in subsection (2.‍1), or on application of such a justice system participant, a judge or justice may make an order directing that any information that could identify the justice system participant shall not be published in any document, broadcast or transmitted in any way or Insertion start otherwise made available Insertion end if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice.

Publication prohibited

(9) Unless the judge or justice refuses to make an order, Insertion start a Insertion end person Insertion start is prohibited from publishing Insertion end in any document, Insertion start broadcasting Insertion end or Insertion start transmitting Insertion end in any way Insertion start or otherwise making available Insertion end

Hearing

486.‍51 (1) A court that makes an order under section 486.‍4 or 486.‍5 or, if the court is for any reason unable to act, another court of equivalent jurisdiction in the same province may — and, on application of the victim, must — hold a hearing to determine whether the order should be varied or revoked.

Factors

(2) In order to determine whether the order should be varied or revoked, the court must take into account any material change of circumstance, including the victim’s wishes, and whether the variation or revocation is in the interests of justice.

Application of order

(2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, Insertion start publishing Insertion end in any document, broadcasting or Insertion start transmitting Insertion end in any way Insertion start or otherwise making available Insertion end information that could identify a victim, witness or justice system participant whose identity is protected by the order.

Definitions

490.‍011 (1) The following definitions apply in this section and in sections 490.‍012 to Insertion start 490.‍07 Insertion end .

designated offence means Insertion start a primary offence or a secondary offence Insertion end .  (infraction désignée)

primary offence means

• (a) an offence under any of the following provisions:

  • (i) subsection 7(4.‍1) (offence in relation to sexual offences against children),

  • (ii) section 151 (sexual interference),

  • (iii) section 152 (invitation to sexual touching),

  • (iv) section 153 (sexual exploitation),

  • (v) section 153.‍1 (sexual exploitation of person with disability),

  • (vi) section 155 (incest),

  • (vii) subsection 160(1) (bestiality),

  • (viii) subsection 160(2) (compelling the commission of bestiality),

  • (ix) subsection 160(3) (bestiality in presence of or by a child),

  • Start of inserted block

    (x) section 162.‍1 (publication, etc.‍, of an intimate image without consent),

    End of inserted block

  • (xi) section 163.‍1 (child pornography),

  • (xii) section 170 (parent or guardian procuring sexual activity),

  • (xiii) section 171.‍1 (making sexually explicit material available to child),

  • (xiv) section 172.‍1 (luring a child),

  • (xv) section 172.‍2 (agreement or arrangement — sexual offence against child),

  • (xvi) subsection 173(2) (exposure),

  • (xvii) section 271 (sexual assault),

  • (xviii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

  • (xix)  Insertion start section Insertion end 273 (aggravated sexual assault),

  • (xx) subsection 273.‍3(2) (removal of a child from Canada),

  • (xxi) section 279.‍011 (trafficking  —  person under 18 years),

  • (xxii) subsection 279.‍02(2) (material benefit  —  trafficking of person under 18 years),

  • (xxiii) subsection 279.‍03(2) (withholding or destroying documents  —  trafficking of person under 18 years),

  • (xxiv) subsection 286.‍1(2) (obtaining sexual services for consideration from person under 18 years),

  • (xxv) subsection 286.‍2(2) (material benefit from sexual services provided by person under 18 years), and

  • (xxvi) subsection 286.‍3(2) (procuring  — person under 18 years);

• (b) 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:

  • (i) section 144 (rape),

  • (ii) section 145 (attempt to commit rape),

  • (iii) section 149 (indecent assault on female),

  • (iv) section 156 (indecent assault on male), and

  • (v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

• (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as 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:

  • (i) section 246.‍1 (sexual assault),

  • (ii) section 246.‍2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

  • (iii) section 246.‍3 (aggravated sexual assault);

• (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

  • (i) subsection 146(1) (sexual intercourse with a female under age of fourteen),

  • (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),

  • (iii) section 153 (sexual intercourse with step-daughter),

  • (iv) section 157 (gross indecency),

  • (v) section 166 (parent or guardian procuring defilement), and

  • (vi) section 167 (householder permitting defilement);

• (e) an offence under any of the following provisions of this Act, as they read from time to time before Insertion start December 6, 2014 Insertion end :

  • (i) paragraph 212(1)‍(i) (stupefying or overpowering for the purpose of sexual intercourse),

  • (ii) subsection 212(2) (living on the avails of prostitution of person under 18 years),

  • (iii) subsection 212(2.‍1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years), and

  • (iv) subsection 212(4) (prostitution of person under 18 years); or

• (f) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a) Insertion start to (e) Insertion end .  (infraction Insertion start primaire Insertion end )

secondary offence means

• Insertion start (a) Insertion end  an offence under any of the following provisions:

  • (i) section 162 (voyeurism),

  • (ii) subsection 173(1) (indecent acts),

  • (iii) section 177 (trespassing at night),

  • (iv) section 231 (murder),

  • (v) section 234 (manslaughter),

  • Start of inserted block

    (vi) paragraph 245(1)‍(a) (administering noxious thing with intent to endanger life or cause bodily harm),

  • (vii) paragraph 245(1)‍(b) (administering noxious thing with intent to aggrieve or annoy),

    End of inserted block

  • (viii)  Insertion start section Insertion end 246 (overcoming resistance to commission of offence),

  • (ix) section 264 (criminal harassment),

  • (x) section 279 (kidnapping),

  • (xi) section 279.‍01 (trafficking in persons),

  • (xii) subsection 279.‍02(1) (material benefit  —  trafficking),

  • (xiii) subsection 279.‍03(1) (withholding or destroying documents  —  trafficking),

  • (xiv) section 280 (abduction of a person under age of sixteen),

  • (xv) section 281 (abduction of a person under age of fourteen),

  • (xvi) subsection 286.‍1(1) (obtaining sexual services for consideration),

  • (xvii) subsection 286.‍2(1) (material benefit from sexual services),

  • (xviii) subsection 286.‍3(1) (procuring),

  • Start of inserted block

    (xix) section 346 (extortion),

    End of inserted block

  • (xx) paragraph 348(1)‍(d) (breaking and entering a dwelling house with intent to commit an indictable offence),

  • (xxi) paragraph 348(1)‍(d) (breaking and entering a dwelling house and committing an indictable offence),

  • (xxii) paragraph 348(1)‍(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and

  • (xxiii) paragraph 348(1)‍(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); or

• Insertion start (b) Insertion end  an attempt or conspiracy to commit an offence referred to in paragraph ( Insertion start a Insertion end ).‍ (infraction Insertion start secondaire Insertion end )

Order

490.‍012 (1)  Insertion start Subject to subsection (5) Insertion end , when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act Insertion start if Insertion end

• Start of inserted block

  (a) the designated offence was prosecuted by indictment;

• (b) the sentence for the designated offence is a term of imprisonment of two years or more; and

• (c) the victim of the designated offence is under the age of 18 years.

  End of inserted block

Order — previous offence or obligation

(2)  Insertion start Subject to subsection (5) Insertion end , when a court imposes a sentence on a person for a designated offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act if the prosecutor establishes that, before or after the coming into force of Insertion start paragraphs (a) and (b) Insertion end , the person

• Insertion start (a) Insertion end  was previously convicted of a Insertion start primary Insertion end offence or Insertion start previously convicted under section 130 of the National Defence Act in respect of a primary offence Insertion end ; or

• Start of inserted block

  (b) is or was, as a result of a conviction, subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

  End of inserted block

Order — other circumstances

(3)  Insertion start Subject to subsection (5) Insertion end , when a court imposes a sentence on a person for a designated offence Insertion start in circumstances in which neither Insertion end subsection (1) Insertion start nor Insertion end (2) Insertion start applies Insertion end , or Insertion start when the court Insertion end renders a verdict of not criminally responsible on account of mental disorder Insertion start for a designated offence Insertion end , it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act unless Insertion start the court Insertion end is satisfied the person has established that

• Start of inserted block

  (a) there would be no connection between making the order and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under that Act; or

• (b) the impact of the order on the person, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.

  End of inserted block

Factors

(4) In determining whether to make an order under subsection (3) in respect of a person, the court shall consider

• (a) the nature and seriousness of the designated offence;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Limitation — secondary offences

(5) A court shall make an order under any of subsections (1) to (3) in respect of a secondary offence only if the prosecutor applies for the order and establishes beyond a reasonable doubt that the person committed the secondary offence with the intent to commit a primary offence.

Duration of order — s. 490.‍012(1) or (3)

(2) An order made under subsection 490.‍012(1) or Insertion start (3) Insertion end

• (a)  Insertion start subject to subsections (3) and (5) Insertion end , 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)  Insertion start subject to subsections (3) and (5) Insertion end , ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

Duration of order — offences in same proceeding

(3) An order made under subsection 490.‍012(1) Insertion start or (3) Insertion end applies for life Insertion start if Insertion end

• Start of inserted block

  (a) in the same proceeding, the person has been convicted of, or a verdict of not criminally responsible on account of mental disorder is rendered for, two or more designated offences in connection with which an order under any of subsections 490.‍012(1) to (3) may be made; and

• (b) the court is satisfied that those offences demonstrate, or form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.

  End of inserted block

If court not satisfied

(4) If paragraph (3)‍(a) applies in the circumstances but the court is not satisfied as set out in paragraph (3)‍(b), the duration of the order is determined by applying paragraphs (2)‍(a) to (c) to the designated offence with the longest maximum term of imprisonment.

Duration of order — other order or obligation

(5) An order made under subsection 490.‍012( Insertion start 1 Insertion end ) or ( Insertion start 3 Insertion end ) applies for life if the person is, or was at any time, Insertion start the subject of an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act. Insertion end

Duration of order — s. 490.‍012(2)

(6) An order made under subsection 490.‍012(2) applies for life.

Reasons

490.‍0131 The court shall

• (a) state the designated offence, and the term of imprisonment imposed for it, that form the basis of an order made under subsection 490.‍012(1); and

• (b) give reasons for a decision under subsection 490.‍012(3) or paragraph 490.‍013(3)‍(b).

  End of inserted block

Failure to make order

490.‍0132 If the court does not consider the matter under any of subsections 490.‍012(1) to (3) at the time the sentence is imposed, or a verdict of not criminally responsible on account of mental disorder is rendered, for a primary offence, the court

• Insertion start (a) Insertion end  shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;

• Insertion start (b) Insertion end  retains jurisdiction over the matter;

• Insertion start (c) Insertion end  may require the person to appear at the hearing by videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel; and

• Start of inserted block

  (d) may issue a summons in Form 6.‍3 to compel the attendance of the person at the hearing.

  End of inserted block

Appeal

490.‍014 The prosecutor, or a person who is subject to an order Insertion start made Insertion end under section 490.‍012, may appeal from a decision of the court under section Insertion start 490.‍012 or 490.‍013 Insertion end on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

• Insertion start (a) Insertion end  dismiss the appeal; or

• Insertion start (b) Insertion end  allow Insertion start the appeal Insertion end and order a new hearing, quash Insertion start or amend Insertion end the order or make an order that may be made under Insertion start section 490.‍012 Insertion end .

• (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 Insertion start in any of subsections Insertion end 490.‍013(3), (5) Insertion start or (6) Insertion end .

Pardon, record suspension or absolute discharge

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered Insertion start or once they are absolutely discharged under paragraph 672.‍54(a) Insertion end .

Termination order

490.‍016 (1) The court shall make a termination order if it is satisfied that the person has established that

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start there would be no connection between Insertion end continuing an order or obligation Insertion start and the purpose of helping police services prevent or investigate Insertion end crimes of a sexual nature Insertion start by requiring Insertion end the registration of information relating to sex offenders under the Sex Offender Information Registration Act; Insertion start or Insertion end

• Insertion start (b) Insertion end  the impact on Insertion start the person Insertion end of Insertion start continuing an order or obligation Insertion end , including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of Insertion start crimes of a sexual nature Insertion end , to be achieved by Insertion start the registration of information relating to sex offenders under that Act Insertion end .

Factors

(1.‍1) In determining whether to make the termination order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of an order or obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

• Start of inserted block

  (iv) the Commissioner of the Royal Canadian Mounted Police and, if there is a provincial police service that is responsible for the registration of information under the Sex Offender Information Registration Act in the province in which the court makes the order, the head of that police service.

  End of inserted block

References

(3) The reference in subsection (1) to the definition designated offence is a reference to that definition as it read from time to time before the day on which this subsection comes into force, and the reference in paragraph (2)‍(b) to subsection 490.‍012(3) is a reference to that provision as it read from time to time before that day.

Reference

(4) The reference in paragraph (3)‍(d) to the definition designated offence is to a reference to that definition as it read from time to time before the day on which this subsection comes into force.

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 Insertion start the Insertion end offence Insertion start listed in the notice Insertion end :

More than one offence

(3) If more than one offence is listed in the notice, 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.

Pardon, record suspension or absolute discharge

(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon, once a record suspension is ordered Insertion start or once they are absolutely discharged under paragraph 672.‍54(a) Insertion end .

Termination order

490.‍027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start there would be no connection between Insertion end continuing the obligation Insertion start and the purpose of helping police services prevent or investigate Insertion end crimes of a sexual nature Insertion start by requiring Insertion end the registration of information relating to sex offenders under the Sex Offender Information Registration Act; Insertion start or Insertion end

• Insertion start (b) Insertion end  the impact on the person Insertion start of continuing the obligation Insertion end , including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of Insertion start crimes of a sexual nature Insertion end , to be achieved by Insertion start the registration of information relating to sex offenders under that Act Insertion end .

Factors

(1.‍1) In determining whether to make the termination order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Persons who may be served

490.‍02902 (1) The Attorney General of a province, or the minister of justice of a territory, may serve a person with a notice in Form 54 only if the person arrived in Canada Insertion start on or Insertion end after Insertion start April 15, 2011 Insertion end and they were convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada — other than a service offence as defined in subsection 2(1) of the National Defence Act — that is, in the opinion of the Attorney General or minister of justice, equivalent to an offence referred to in paragraph (a) of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1).

• (d) applies for life if, Insertion start on April 15, 2011 Insertion end or before Insertion start or Insertion end after Insertion start that day Insertion end , the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence Insertion start outside Canada that is, in the opinion of the Attorney General of the province or minister of justice of the territory, equivalent to an offence Insertion end referred to in paragraph (a) of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1) and if more than one of those offences is listed in the notice.

Exemption order

(2) The court shall make an exemption order if it is satisfied that the person has established that

• (a) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question;

• (b) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1);

• Start of inserted block

  (c) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

• (d) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.

  End of inserted block

Factors

(2.‍1) In determining whether to make an exemption order under paragraph (2)‍(c) or (d), the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Order to correct

(2.‍2) If the court does not make an exemption order but is satisfied that the offence in question, though not equivalent to the offence referred to in the notice, is equivalent to another offence referred to in paragraph (a) of the definition primary offence in subsection 490.‍011(1), the court shall order that the notice be corrected.

Notification

(5) If the court makes an order referred to in Insertion start subsection (2.‍2) Insertion end , it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

Application for variation order

490.‍029051 (1) A person who is served with a notice in Form 54 under section 490.‍02903 may, within one year after they are served, apply to a court of criminal jurisdiction for an order to vary the duration of the obligation if

• (a) the obligation applies for life under paragraph 490.‍02904(3)‍(d); and

• (b) none of the offences in question listed in the notice have an equivalent offence with a maximum term of imprisonment for life provided for in Canadian law.

  End of inserted block

Variation order

(2) The court shall make the variation order if it is satisfied that the person has established that the offences in question listed in the notice do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.

Variation of duration

(3) If the court makes a variation order, it shall set out the duration of the obligation in the order, which shall be determined by applying paragraphs 490.‍02904(3)‍(a) and (b) to the offence in question listed in the notice whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law.

Reasons for decision

(4) The court shall give reasons for its decision.

Notification

(5) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.

Appeal

490.‍02906 (1) The Attorney General or the person who applied for an exemption order Insertion start or a variation order Insertion end may appeal from a decision under subsection 490.‍02905(2) Insertion start or (2.‍2) or 490.‍029051(2) or (3) Insertion end on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

• Insertion start (a) Insertion end  dismiss the appeal; or

• Insertion start (b) Insertion end  allow the appeal and order a new hearing, quash Insertion start or amend Insertion end the exemption order Insertion start or variation order Insertion end or make an order that may be made, Insertion start as the case may be Insertion end , under subsection Insertion start 490.‍02905(2) or (2.‍2) or 490.‍029051(2) Insertion end .

Notice — variation order

(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

Termination order

490.‍02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start there would be no connection between Insertion end continuing the obligation Insertion start and the purpose of helping police services prevent or investigate Insertion end crimes of a sexual nature Insertion start by requiring Insertion end the registration of information relating to sex offenders under the Sex Offender Information Registration Act; Insertion start or Insertion end

• Insertion start (b) Insertion end  the impact on Insertion start the person of continuing the obligation Insertion end , including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of Insertion start crimes of a sexual nature Insertion end , to be achieved by Insertion start the registration of information relating to sex offenders under that Act Insertion end .

Factors

(1.‍1) In determining whether to make the termination order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Obligation to advise police service

490.‍02911 (1) A person who was convicted of or found not criminally responsible on account of mental disorder for an offence outside Canada shall, if the offence is equivalent to one referred to in paragraph (a) of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1), advise a police service within seven days after the day on which they arrive in Canada of that fact and of

• Insertion start (a) Insertion end  their name, date of birth, gender, address and Insertion start telephone number in Canada; and Insertion end

• Start of inserted block

  (b) to the best of their knowledge,

  • (i) the offence for which they were convicted or found not criminally responsible,

  • (ii) the country — and, if applicable, the province, state, territory or municipality in that country — in which the offence was committed,

  • (iii) the day on which the offence was committed,

  • (iv) the day on which they were convicted of the offence or found not criminally responsible for it, and

  • (v) if different from the day on which they were convicted of the offence, the day on which the sentence was imposed.

    End of inserted block

New obligation to advise

Insertion start (1.‍1) Insertion end Insertion start   Insertion end Insertion start The person is Insertion end not required to advise the police service again Insertion start under subsection (1) Insertion end unless they are later convicted of or found not criminally responsible on account of mental disorder for another offence Insertion start outside Canada referred to in that subsection Insertion end .

Application for exemption order

490.‍029111 (1) A person who is subject to an obligation under section 36.‍1 of the International Transfer of Offenders Act may apply to a court of criminal jurisdiction for an order exempting them from the obligation within one year after the day of their transfer to Canada under that Act.

Exemption order

(2) The court shall make an exemption order if it is satisfied that the person has established that

• (a) there is no connection between the obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

• (b) the impact of the obligation on the person, including on their privacy or liberty, is grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.

  End of inserted block

Factors

(3) In determining whether to make an exemption order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Reasons for decision

(4) The court shall give reasons for its decision.

Removal of information from database

(5) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act.

Application for variation order

490.‍029112 (1) A person who is subject to an obligation under section 36.‍1 of the International Transfer of Offenders Act may, within one year after the day of their transfer to Canada under that Act, apply to a court of criminal jurisdiction for an order to vary the duration of the obligation if

• (a) the obligation applies for life under subsection 36.‍2(3) of that Act; and

• (b) none of the offences in question listed in the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of that Act have an equivalent criminal offence with a maximum term of imprisonment for life provided for in Canadian law.

  End of inserted block

Variation order

(2) The court shall make the variation order if it is satisfied that the person has established that the offences in question listed in that Form 1 do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.

Variation of duration

(3) If the court makes a variation order, it shall set out the duration of the obligation in the order, which shall be determined by applying paragraphs 36.‍2(2)‍(a) and (b) of the International Transfer of Offenders Act to the offence in question listed in that Form 1 whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law.

Reasons for decision

(4) The court shall give reasons for its decision.

Notification

(5) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.

Appeal

490.‍029113 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.‍029111(2) or 490.‍029112(2) or (3) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

• (a) dismiss the appeal; or

• (b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.‍029111(2) or section 490.‍029112.

  End of inserted block

Removal of information from database

(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act.

Requirements relating to notice

490.‍029114 (1) If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, 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.

Notice — variation order

(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

Absolute discharge

(3.‍1) Despite subsections (2) and (3), a person may apply for a termination order once they are absolutely discharged under paragraph 672.‍54(a).

Termination order

490.‍02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that

• Insertion start (a) Insertion end Insertion start   Insertion end Insertion start there would be no connection between Insertion end continuing the obligation Insertion start and the purpose of helping police services prevent or investigate Insertion end crimes of a sexual nature Insertion start by requiring Insertion end the registration of information relating to sex offenders under the Sex Offender Information Registration Act; Insertion start or Insertion end

• Insertion start (b) Insertion end  the impact of Insertion start continuing the obligation on the person Insertion end , including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of Insertion start crimes of a sexual nature Insertion end , to be achieved by Insertion start the registration of information relating to sex offenders under that Act Insertion end .

Factors

(1.‍1) In determining whether to make the termination order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

• (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under Insertion start section Insertion end 490.‍016, 490.‍023, 490.‍027, 490.‍02905, Insertion start 490.‍029051 Insertion end , 490.‍02909, Insertion start 490.‍029111, 490.‍029112 Insertion end , 490.‍02913, Insertion start 490.‍04 Insertion end or Insertion start 490.‍05 Insertion end or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under Insertion start section Insertion end 490.‍012 Insertion start or 490.‍013 Insertion end .

Proof of certain facts by certificate

(3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)‍(b) of the Sex Offender Information Registration Act stating that the sex offender failed to report under section 4, 4.‍1, 4.‍2 or 4.‍3 — or provide information under section 5 or notify a person under subsection 6(1) Insertion start or (1.‍01) Insertion end — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

Offence

490.‍0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) Insertion start or (1.‍01) Insertion end of the Sex Offender Information Registration Act is guilty of an offence and liable

Warrant

Warrant to arrest

490.‍03121 (1) If a justice is satisfied that there are reasonable grounds to believe that a person has contravened any of sections 4 to 5.‍1 of the Sex Offender Information Registration Act, the justice may issue a warrant in Form 6.‍4 authorizing a peace officer to arrest the person and, despite section 7.‍1 of that Act, bring them to any registration centre to remedy the contravention.

Conditions

(2) The warrant shall contain any conditions that the justice considers advisable to ensure that an arrest authorized by the warrant is reasonable in the circumstances.

Execution of warrant

(3) The warrant may be executed anywhere in Canada.

Warrant in force

(4) The warrant remains in force until it is executed, until a charge under section 490.‍031 is laid in respect of the contravention or until the person has remedied the contravention.

No charge

(5) No charge shall be laid against the person in respect of any contravention of any of sections 4 to 5.‍1 of that Act that is remedied by the person after the warrant is issued.

Additional Orders

Application for exemption order

490.‍04 (1) A person may apply to a court for an order exempting them from

• (a) an order made under section 490.‍012 on or after April 15, 2011 but before the day on which this paragraph comes into force; or

• (b) an obligation under section 490.‍02901, or under section 36.‍1 of the International Transfer of Offenders Act, that began before the day on which this paragraph comes into force.

  End of inserted block

Limitation — application

(2) A person is not permitted to apply under paragraph (1)‍(b) if they have made an application for an exemption order under section 490.‍02905 or 490.‍029111 in respect of the same obligation.

Jurisdiction

(3) The application shall be made to

• (a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)‍(a) in respect of an order made by such a court; or

• (b) a court of criminal jurisdiction, in any other case.

  End of inserted block

Limitation — exemption order

(4) The court shall not make an exemption order in respect of an application made under paragraph (1)‍(a) if

• (a) the designated offence that is the basis of the order made under section 490.‍012 was prosecuted by indictment, the sentence for that offence is a term of imprisonment of two years or more and the victim of that offence was under the age of 18 years; or

• (b) before or after the order under section 490.‍012 was made, the person

  • (i) was convicted of a primary offence — or convicted of an offence under section 130 of the National Defence Act in respect of a primary offence — that is not the offence on the basis of which the order was made, or

  • (ii) is or was, as a result of a conviction, subject to another order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

    End of inserted block

Exemption order

(5) Subject to subsection (4), the court shall make an exemption order if it is satisfied that the person has established that, at the time the order was made or the obligation began,

• (a) there was no connection between the order or obligation and the purpose of helping police services prevent or investigate crimes of a sexual nature by requiring the registration of information relating to sex offenders under the Sex Offender Information Registration Act; or

• (b) the impact of the order or the obligation on the person, including on their privacy or liberty, was grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under that Act.

  End of inserted block

Factors

(6) In determining whether to make the exemption order, the court shall consider

• (a) the nature and seriousness of the offence that is the basis of the order or obligation;

• (b) the victim’s age and other personal characteristics;

• (c) the nature and circumstances of the relationship between the person and the victim;

• (d) the personal characteristics and circumstances of the person;

• (e) the person’s criminal history, including the age at which they previously committed any offence and the length of time for which they have been at liberty without committing an offence;

• (f) the opinions of experts who have examined the person; and

• (g) any other factors that the court considers relevant.

  End of inserted block

Reasons for decision

(7) The court shall give reasons for its decision.

Removal of information from database

(8) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.‍012, the notice referred to in section 490.‍02901 or the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act, as the case may be.

Application for variation order

490.‍05 (1) A person may apply to a court for an order to vary the duration of

• (a) an order made under section 490.‍012, if the order applies for life under subsection 490.‍013(2.‍1), as it read from time to time before the day on which this paragraph comes into force;

• (b) an obligation under section 490.‍019, if the obligation applies for life under paragraph 490.‍022(3)‍(d) and none of the offences listed in the notice in Form 53 served on the person in respect of the obligation have a maximum term of imprisonment for life;

• (c) an obligation under section 490.‍02901, if the obligation applies for life under paragraph 490.‍02904(3)‍(d), the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.‍029051(1)‍(b) is met; or

• (d) an obligation under section 36.‍1 of the International Transfer of Offenders Act, if the obligation applies for life under subsection 36.‍2(3) of that Act, the obligation began before the day on which this paragraph comes into force and the condition set out in paragraph 490.‍029112(1)‍(b) is met.

  End of inserted block

Limitation

(2) A person is not permitted to apply under paragraph (1)‍(c) or (d) if they have made an application for a variation order under section 490.‍029051 or 490.‍029112 in respect of the same obligation.

Jurisdiction

(3) The application shall be made to

• (a) a superior court of criminal jurisdiction, if the application is made under paragraph (1)‍(a) in respect of an order made by such a court; or

• (b) a court of criminal jurisdiction, in any other case.

  End of inserted block

Variation order

(4) The court shall make the variation order if it is satisfied that the person has established that the offences that are the basis of the order or obligation do not demonstrate, or do not form part of, a pattern of behaviour showing that the person presents an increased risk of reoffending by committing a crime of a sexual nature.

Variation of duration

(5) If the court makes a variation order, it shall set out the duration of the order or obligation in the order, which shall be determined by applying

• (a) subsection 490.‍013(2) to the offence in question with the longest maximum term of imprisonment, in the case of an order under section 490.‍012;

• (b) paragraphs 490.‍022(3)‍(a) and (b) to the offence in question with the longest maximum term of imprisonment, in the case of an obligation under section 490.‍019;

• (c) paragraphs 490.‍02904(3)‍(a) and (b) to the offence in question whose equivalent offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 490.‍02901; and

• (d) paragraphs 36.‍2(2)‍(a) and (b) of the International Transfer of Offenders Act to the offence in question whose equivalent criminal offence has the longest maximum term of imprisonment provided for in Canadian law, in the case of an obligation under section 36.‍1 of that Act.

  End of inserted block

Reasons for decision

(6) The court shall give reasons for its decision.

Notification

(7) The court shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of a variation order made under this section.

Appeal

490.‍06 (1) The Attorney General or the person who applied for an exemption order or a variation order may appeal from a decision under subsection 490.‍04(4) or (5) or 490.‍05(4) or (5) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may

• (a) dismiss the appeal; or

• (b) allow the appeal and order a new hearing, quash or amend the exemption order or variation order or make an order that may be made, as the case may be, under subsection 490.‍04(5) or section 490.‍05.

  End of inserted block

Removal of information from database

(2) If an appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of a copy of the order made under section 490.‍012, the notice referred to in section 490.‍02901 or the Form 1 referred to in subparagraph 8(4)‍(a)‍(ii) of the International Transfer of Offenders Act, as the case may be.

Requirements relating to notice

490.‍07 (1) If an appeal court quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, 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.

Notice — variation order

(2) If an appeal court quashes a variation order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.

Warrant effective in a province

(2) Despite any other provision of this Act but subject to subsections 487.‍0551(2), Insertion start 490.‍03121(3) Insertion end and 705(3), a warrant of arrest or committal that is issued by a justice or provincial court judge may be executed anywhere in the province in which it is issued.

Inquiry by court

726.‍3 When imposing a sentence, a court must inquire of the prosecutor if reasonable steps were taken to determine whether the victim wishes to receive information regarding the sentence and its administration and must, if known, enter the victim’s wishes into the record of the proceedings.

Report by court to Correctional Service

743.‍2 A court that sentences or commits a person to penitentiary shall forward to the Correctional Service of Canada its reasons and recommendation relating to the sentence or committal, any relevant reports that were submitted to the court, any other information relevant to administering the sentence or committal Insertion start and the name and contact information for any victim who wishes to receive information under the Corrections and Conditional Release Act Insertion end .

• (a)  Insertion start at least 14 days Insertion end before the sex offender’s departure — of the dates of their departure and return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they expect to stay in Canada or outside Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;

• (b) within seven days after their departure — of the date of their return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they are staying in Canada or outside Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and

• (a)  Insertion start at least 14 days Insertion end before the sex offender’s departure — of the dates of their departure and return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;

• (b)  Insertion start at least 14 days Insertion end before their departure — of the dates of their departure and return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they expect to stay outside Canada;

• (c) within seven days after their departure — of the date of their return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they are staying in Canada — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a);

• (d) without delay, after their departure — of the date of their return and of every address or, Insertion start if the address is unknown, every Insertion end location at which they are staying outside Canada — if they decide, after departure, to extend their stay beyond the date of return that they indicated in the notification they gave under paragraph (b) or if they have not given a notification under paragraph (b); and

Exception

(1.‍02) Despite paragraph (1)‍(a) or (1.‍01)‍(a) or (b), as the case may be, a sex offender who has a reasonable excuse for not complying with the requirement to give at least 14 days’ notice shall notify a person who collects information at the registration centre referred to in section 7.‍1 as soon as feasible before their departure of the dates of their departure and return and of every address or, if the address is unknown, every location at which they expect to stay in Canada or outside Canada.

Registration of information — exemption orders

(3) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the fact that a person has applied in that jurisdiction for an exemption order under section 490.‍023, 490.‍02905, Insertion start 490.‍029111 Insertion end or Insertion start 490.‍04 Insertion end of the Criminal Code.

Registration of information — exemption orders

(4) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in section 490.‍025 or Insertion start subsection Insertion end 490.‍02907 Insertion start (1), 490.‍029114(1) or 490.‍07(1) Insertion end of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that the court refused to make an exemption order under subsection 490.‍023(2), 490.‍02905(2), Insertion start 490.‍029111(2) or 490.‍04(5) Insertion end of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order.

Retention of information

15 (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)‍(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database Insertion start until 50 years have elapsed after the death of the sex offender to whom it relates Insertion end .

• Start of inserted block

  (c) the person who is subject to the order is granted an exemption order under subsection 490.‍04(5) of the Criminal Code or on an appeal from a decision made under that subsection.

  End of inserted block

• (c) the person who is subject to the obligation is granted an exemption order under subsection 490.‍023(2), 490.‍02905(2), Insertion start 490.‍029111(2) Insertion end or Insertion start 490.‍04(5) Insertion end of the Criminal Code or subsection 227.‍1(4) of the National Defence Act or on an appeal from a decision made under that subsection.

• (b)  Insertion start a member or employee of, or Insertion end a person Insertion start retained by, a police service Insertion end in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with an obligation under section 490.‍019 or 490.‍02901 of the Criminal Code, section 227.‍06 of the National Defence Act or section 36.‍1 of the International Transfer of Offenders Act;

• Start of inserted block

  (i.‍1) to enable them to verify the sex offender’s compliance with section 5,

  End of inserted block

• Start of inserted block

  (iv) to enable them to obtain a warrant under subsection 490.‍03121(1) of the Criminal Code and execute the warrant;

  End of inserted block

• Start of inserted block

  (f.‍1) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a warrant referred to in subparagraph (c)‍(iv), and the information is relevant to the application;

  End of inserted block

Obligation

36.‍1 If the criminal offence identified under section 15 or 36.‍3 is an offence referred to in paragraph (a) or Insertion start (f) Insertion end of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.

• (a)  Insertion start subject to subsections (3) and (4) Insertion end , ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;

• (b)  Insertion start subject to subsections (3) and (4) Insertion end , ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and

Duration — if more than one offence

(3) The obligation applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a) or Insertion start (f) Insertion end of the definition Insertion start primary Insertion end offence in subsection 490.‍011(1) of the Criminal Code.

Duration — if previous obligation

(4) The obligation applies for life if the person, Insertion start before or after the coming into force of paragraphs (a) and (b) Insertion end ,

• Start of inserted block

  (a) was previously convicted of a primary offence, as defined in subsection 490.‍011(1) of the Criminal Code, or previously convicted under section 130 of the National Defence Act in respect of such a primary offence; or

• (b) is or was subject to an order or obligation under this or another Act of Parliament to comply with the Sex Offender Information Registration Act.

  End of inserted block

• (a) a designated offence, as defined in subsection 490.‍011(1) of the Criminal Code, that is committed against a person who is under 18 years of age, other than a secondary offence, as defined in that subsection, for which the prosecutor has not, for the purposes of subsection 490.‍012(5) of that Act, established beyond a reasonable doubt that the offender committed the offence with the intent to commit a primary offence, as defined in that subsection 490.‍011(1); or

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you as the result of the commission of an offence, as well as a description of the impact of the offence on you. You may attach additional pages if you need more space.

Your statement must not include

You may present a detailed account of the impact the offence has had on your life. The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Physical impact

Economic impact

Fears for security

Drawing, poem or letter

 I would like to present my statement in court.

To the best of my knowledge, the information contained in this statement is true.

Dated this   day of   20 , at   .

Signature of declarant

If you completed this statement on behalf of the victim, please indicate the reasons why you did so and the nature of your relationship with the victim.

Dated this   day of   20 , at   .

Signature of declarant

This form may be used to provide a description of the physical or emotional harm, property damage or economic loss suffered by you arising from the conduct for which the accused person was found not criminally responsible on account of mental disorder, as well as a description of the impact that the conduct has had on you. You may attach additional pages if you need more space.

Your statement must not include

The following sections are examples of information you may wish to include in your statement. You are not required to include all of this information.

Emotional impact

Physical impact

Economic impact

Fears for security

Drawing, poem or letter

 I would like to read or present my statement (in court or before the Review Board).

To the best of my knowledge, the information contained in this statement is true.

Dated this   day of   20 , at   .

Signature of declarant

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(2.‍1) to (5) of the Criminal Code applies, for life).

Because, on (date), you were convicted of or found not criminally responsible on account of mental disorder for an offence (or offences) in (location of offence(s)) that the Attorney General of the province, or the minister of justice of the territory, has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.‍011(1) of the Criminal Code;

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 the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 490.‍02904(3)‍(c) or (d) of the Criminal Code applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.‍011(1) of the Criminal Code) or for any shorter period determined under subsection 490.‍02904(2) of the Criminal Code.

And because you were convicted of or found not criminally responsible on account of mental disorder for (description, date and location of offence(s)) that the Minister has identified as being equivalent to (description of offence(s)) under (applicable provision(s) of the Criminal Code), a designated offence (or designated offences) as defined in subsection 490.‍011(1) of the Criminal Code;

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 the day on which you were sentenced or found not criminally responsible on account of mental disorder for the offence (or if paragraph 36.‍2(2)‍(c) or any of subsections 36.‍2(3) to (6) of the International Transfer of Offenders Act applies, for life because you were convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.‍011(1) of the Criminal Code).