GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Criminal Code — C-46 490.02913
Termination order 490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that (a) there would be no connection between continuing 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 continuing the obligation 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. 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. Reasons for decision (2) The court shall give reasons for its decision. Requirements relating to notice (3) If the court makes a termination 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, to be notified of the decision. 2010, c. 17, s. 19 2023, c. 28, s. 27
Criminal Code — C-46 490.02914
Appeal 490.02914 (1) The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(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, allow the appeal 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 490.02913(1), 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. 2010, c. 17, s. 19
Criminal Code — C-46 490.02915
Notice before release 490.02915 (1) The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence, or is detained in custody before their release or discharge, shall give the person a copy of the Form 1 referred to in subsection 490.02912(3) not earlier than 10 days before their release or discharge. Notice on disposition by Review Board (2) A Review Board shall cause a copy of the Form 1 to be given to the person when it directs (a) under paragraph 672.54(a), that the person be discharged absolutely; or (b) under paragraph 672.54(b), that the person be discharged subject to conditions unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act . 2010, c. 17, s. 19
Criminal Code — C-46 490.03
Disclosure 490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, 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 disclosure is necessary for the purpose of a proceeding under section 490.012; or (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under section 490.016, 490.023, 490.027, 490.02905, 490.029051, 490.02909, 490.029111, 490.029112, 490.02913, 490.04 or 490.05 or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under section 490.012 or 490.013. Disclosure in connection with proceedings (2) The Commissioner or that person shall, on request, disclose to the prosecutor or Attorney General the information that is registered in the database relating to a person if the person discloses, in connection with a proceeding or appeal other than one referred to in subsection (1), the fact that information relating to them 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. (4) [Repealed, 2007, c. 5, s. 27] 2004, c. 10, s. 20; 2007, c. 5, s. 27; 2010, c. 17, s. 20 2023, c. 28, s. 28
Criminal Code — C-46 490.031
Offence 490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act is guilty of an offence and liable (a) 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 (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both. 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 . 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) or (1.01) — 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. Attendance and cross-examina­tion (4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination. Notice of intention to produce (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it. 2004, c. 10, s. 20; 2007, c. 5, s. 28; 2010, c. 17, s. 21 2019, c. 25, s. 204 2023, c. 28, s. 29
Criminal Code — C-46 490.0311
Offence 490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) or (1.01) of the Sex Offender Information Registration Act is guilty of an offence and liable (a) 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 (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both. 2007, c. 5, s. 29; 2010, c. 17, s. 22 2019, c. 25, s. 205 2023, c. 28, s. 30
Criminal Code — C-46 490.0312
Offence 490.0312 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction. 2010, c. 17, s. 23
Criminal Code — C-46 490.03121
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. 2023, c. 28, s. 31
Criminal Code — C-46 490.032
Regulations 490.032 The Governor in Council may make regulations (a) requiring that additional information be contained in a notice under Form 53 or Form 54; and (b) prescribing, for one or more provinces, the form and content of that information. 2004, c. 10, s. 20; 2010, c. 17, s. 24
Criminal Code — C-46 490.06
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. 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. 2023, c. 28, s. 32
Criminal Code — C-46 490.07
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. 2023, c. 28, s. 32
Criminal Code — C-46 490.1
Order of forfeiture of property on conviction 490.1 (1) Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that offence-related property is related to the commission of the offence, the court shall (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph. (1.1) [Repealed, 2001, c. 41, s. 130] Property related to other offences (2) Subject to sections 490.3 to 490.41, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the indictable offence under this Act or the Corruption of Foreign Public Officials Act of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property. Property outside Canada (2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Appeal (3) A person who has been convicted of an indictable offence under this Act or the Corruption of Foreign Public Officials Act , or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence. 1997, c. 23, s. 15; 2001, c. 32, s. 30, c. 41, ss. 18, 130; 2007, c. 13, s. 8; 2017, c. 7, s. 64
Criminal Code — C-46 490.2
Application for in rem forfeiture 490.2 (1) If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act , the Attorney General may make an application to a judge for an order of forfeiture under subsection (2). Order of forfeiture of property (2) Subject to sections 490.3 to 490.41, the judge to whom an application is made under subsection (1) shall order that the property that is subject to the application be forfeited and disposed of in accordance with subsection (4) if the judge is satisfied (a) beyond a reasonable doubt that the property is offence-related property; (b) that proceedings in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to the property were commenced; and (c) that the accused charged with the offence has died or absconded. Accused deemed absconded (3) For the purpose of subsection (2), an accused is deemed to have absconded in connection with the indictable offence if (a) an information has been laid alleging the commission of the offence by the accused, (b) a warrant for the arrest of the accused has been issued in relation to that information, and (c) reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued, and the accused is deemed to have so absconded on the last day of that six month period. Who may dispose of forfeited property (4) For the purpose of subsection (2), the judge shall (a) if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province to be disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and (b) in any other case, order that the property be forfeited to Her Majesty in right of Canada to be disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council for the purpose of this paragraph. Property outside Canada (4.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require. Definition of judge (5) In this section and sections 490.5 and 490.8, judge means a judge as defined in section 552 or a judge of a superior court of criminal jurisdiction. 1997, c. 23, s. 15; 2001, c. 32, s. 31; 2007, c. 13, s. 9; 2017, c. 7, s. 65
Criminal Code — C-46 490.3
Voidable transfers 490.3 A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the conveyance or transfer was for valuable consideration to a person acting in good faith. 1997, c. 23, s. 15
Criminal Code — C-46 490.4
Notice 490.4 (1) Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who, in the opinion of the court, appears to have a valid interest in the property. Manner of giving notice (2) A notice shall (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and (c) set out the offence charged and a description of the property. Order of restoration of property (3) A court may order that all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) be returned to a person — other than a person who was charged with an indictable offence under this Act or the Corruption of Foreign Public Officials Act or a person who acquired title to or a right of possession of the property from such a person under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property — if the court is satisfied that the person is the lawful owner or is lawfully entitled to possession of all or part of that property, and that the person appears innocent of any complicity in, or collusion in relation to, the offence. 1997, c. 23, s. 15; 2001, c. 32, s. 32; 2007, c. 13, s. 10; 2017, c. 7, s. 66
Criminal Code — C-46 490.41
Notice 490.41 (1) If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require that notice in accordance with subsection (2) be given to, and may hear, any person who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted of the indictable offence under this Act or the Corruption of Foreign Public Officials Act in relation to which the property would be forfeited. Manner of giving notice (2) A notice shall (a) be given in the manner that the court directs or that may be specified in the rules of the court; (b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and (c) set out the offence charged and a description of the property. Non-forfeiture of property (3) Subject to an order made under subsection 490.4(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 490.1(1) or 490.2(2) would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted of the offence, as the case may be, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part. Factors in relation to dwelling-house (4) Where all or part of the property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, when making a decision under subsection (3), the court shall also consider (a) the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted of the offence, if the dwelling-house was the member’s principal residence at the time the charge was laid and continues to be the member’s principal residence; and (b) whether the member referred to in paragraph (a) appears innocent of any complicity in the offence or of any collusion in relation to the offence. 2001, c. 32, s. 33; 2007, c. 13, s. 11; 2017, c. 7, s. 67
Criminal Code — C-46 490.6
Appeals from orders under subsection 490.2(2) 490.6 Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with any modifications that the circumstances require, in respect of such an appeal. 1997, c. 23, s. 15
Criminal Code — C-46 490.7
Suspension of order pending appeal 490.7 Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending (a) any application made in respect of the property under any of those provisions or any other provision of this or any other Act of Parliament that provides for restoration or forfeiture of the property, or (b) any appeal taken from an order of forfeiture or restoration in respect of the property, and the property shall not be disposed of or otherwise dealt with until thirty days have expired after an order is made under any of those provisions. 1997, c. 23, s. 15