R.S., c. C-46 Criminal Code 1 Paragraph 153.1(1)(a) of the  Criminal Code  is replaced by the following: (a) an indictable offence and liable to imprisonment for a term not exceeding  10  years; or Criminal Code Clause 1 : Relevant portion of subsection 153.1(1): 153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or 2 (1) The portion of subsection 486.4(1) of the Act before paragraph (a) is replaced by the following: 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judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document, broadcast or transmitted in any way or  otherwise made available , in proceedings in respect of Clause 2 : (1) and (2) Relevant portion of subsection 486.4(1): 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judge or justice may make an order directing that any information that could identify the victim or a witness shall not be published in any document or broadcast or transmitted in any way, in proceedings in respect of (a) any of the following offences: (i) an offence under section 151, 152, 153, 153.1, 155, 160, 162, 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 (2) Subparagraph 486.4(1)(a)(i) of the Act is replaced by the following: (i) an offence under section 151, 152, 153, 153.1, 155, 160, 162,  162.1 , 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 (3) Subsection 486.4(2.1) of the Act is replaced by the following: 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  otherwise made available . (3) Existing text of subsection 486.4(2.1): (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 or broadcast or transmitted in any way. (4) Section 486.4 of the Act is amended by adding the following after subsection (3): 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. (4) New. 3 (1) Subsections 486.5(1) and (2) of the Act are replaced by the following: 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  otherwise made available  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  otherwise made available  if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice. Clause 3 : (1) Existing text of subsections 486.5(1) and (2): 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 or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice. (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 or broadcast or transmitted in any way if the judge or justice is of the opinion that the order is in the interest of the proper administration of justice. (2) The portion of subsection 486.5(9) of the Act before paragraph (a) is replaced by the following: Publication prohibited (9) Unless the judge or justice refuses to make an order,  a  person  is prohibited from publishing  in any document,  broadcasting  or  transmitting  in any way  or otherwise making available (2) Relevant portion of subsection 486.5(9): (9) Unless the judge or justice refuses to make an order, no person shall publish in any document or broadcast or transmit in any way 4 The Act is amended by adding the following after section 486.5: 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. Clause 4 : New. 5 Subsection 486.6(2) of the Act is replaced by the following: 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,  publishing  in any document, broadcasting or  transmitting  in any way  or otherwise making available  information that could identify a victim, witness or justice system participant whose identity is protected by the order. Clause 5 : Existing text of subsection 486.6(2): (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, the publication in any document or the broadcasting or transmission in any way of information that could identify a victim, witness or justice system participant whose identity is protected by the order. 6 (1) The portion of subsection 490.011(1) of the Act before the definition  crime of a sexual nature  is replaced by the following: Definitions 490.011 (1) The following definitions apply in this section and in sections 490.012 to  490.07 . Clause 6 : (1) Relevant portion of subsection 490.011(1): 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032. (2) The definition  designated offence  in subsection 490.011(1) of the Act is replaced by the following: designated offence  means  a primary offence or a secondary offence .  ( infraction désignée ) (2) Existing text of the definition: designated 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), (vi.01) subsection 160(1) (bestiality), (vi.1) subsection 160(2) (compelling the commission of bestiality), (vii) subsection 160(3) (bestiality in presence of or by a child), (viii) section 163.1 (child pornography), (ix) section 170 (parent or guardian procuring sexual activity), (ix.1) section 171.1 (making sexually explicit material available to child), (x) section 172.1 (luring a child), (x.1) section 172.2 (agreement or arrangement — sexual offence against child), (xi) subsection 173(2) (exposure), (xii) to (xv) [Repealed, 2014, c. 25, s. 25] (xvi) section 271 (sexual assault), (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a restricted firearm or prohibited firearm or any firearm in connection with criminal organization), (xviii.1) paragraph 273(2)(a.1) (aggravated sexual assault — use of a firearm), (xix) paragraph 273(2)(b) (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: (i) section 162 (voyeurism), (i.1) subsection 173(1) (indecent acts), (ii) section 177 (trespassing at night), (iii) [Repealed, 2019, c. 25, s. 202] (iii.1) section 231 (murder), (iv) section 234 (manslaughter), (v) paragraph 246(b) (overcoming resistance to commission of offence), (vi) section 264 (criminal harassment), (vii) section 279 (kidnapping), (vii.1) section 279.01 (trafficking in persons), (vii.11) subsection 279.02(1) (material benefit  —  trafficking), (vii.12) subsection 279.03(1) (withholding or destroying documents  —  trafficking), (viii) section 280 (abduction of a person under age of sixteen), (ix) section 281 (abduction of a person under age of fourteen), (ix.1) subsection 286.1(1) (obtaining sexual services for consideration), (ix.2) subsection 286.2(1) (material benefit from sexual services), (ix.3) subsection 286.3(1) (procuring), (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence), (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence), (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); (c) an offence under any of the following provisions of the  Criminal Code , chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983: (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.1) 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); (d.1) an offence under any of the following provisions of this Act, as they read from time to time before the day on which this paragraph comes into force: (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); (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1), (d) and (d.1); or (f) an attempt or conspiracy to commit an offence referred to in paragraph (b). ( infraction désignée ) (3) Subsection 490.011(1) of the Act is amended by adding the following in alphabetical order: 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), (x) section 162.1 (publication, etc., of an intimate image without consent), (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) section  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  December 6, 2014  : (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)  to (e) .  ( infraction  primaire ) secondary offence  means (a) 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), (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), (viii) section  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), (xix) section 346 (extortion), (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 (b) an attempt or conspiracy to commit an offence referred to in paragraph ( a ). ( infraction  secondaire ) (3) New. 7 Section 490.012 of the Act is replaced by the following: Order 490.012 (1) Subject to subsection (5) , 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 (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. Order — previous offence or obligation (2) Subject to subsection (5) , 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  paragraphs (a) and (b) , the person (a) was previously convicted of a  primary  offence or  previously convicted under section 130 of the  National Defence Act  in respect of a primary offence ; or (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 . Order — other circumstances (3) Subject to subsection (5) , when a court imposes a sentence on a person for a designated offence  in circumstances in which neither  subsection (1)  nor  (2)  applies , or  when the court  renders a verdict of not criminally  responsible  on account of mental disorder  for a designated offence , it shall make an order in Form 52 requiring the person to comply with the  Sex Offender Information Registration Act  unless  the court  is satisfied the person has established that (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. 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. 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. Clause 7 : Existing text of section 490.012: 490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the  Sex Offender Information Registration Act  for the applicable period specified in section 490.013. (2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition  designated offence  in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the  Sex Offender Information Registration Act  for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of that definition. (3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the  Sex Offender Information Registration Act  for the applicable period specified in section 490.013 if the prosecutor establishes that (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) or in paragraph (a) or (c) of the definition  designated offence  in section 227 of the  National Defence Act ; (b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the  National Defence Act  in connection with that offence; and (c) no order was made under subsection (1) or under subsection 227.01(1) of the  National Defence Act  in connection with that offence. (4) If the court does not consider the matter under subsection (1) or (3) at that time, the court (a) 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; (b) retains jurisdiction over the matter; and (c) may require the person to appear at the hearing by closed-circuit television or videoconference, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel. 8 (1) The portion of subsection 490.013(2) of the Act before paragraph (c) is replaced by the following: Duration of order — s. 490.012(1) or (3) (2) An order made under subsection 490.012(1) or  (3) (a) subject to subsections (3) and (5) , 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) subject to subsections (3) and (5) , ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and Clause 8 : (1) Relevant portion of subsection 490.013(2): (2) An order made under subsection 490.012(1) or (2) (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years; (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and (2) Subsections 490.013(2.1) to (5) of the Act are replaced by the following: Duration of order — offences in same proceeding (3) An order made under subsection 490.012(1)  or (3)  applies for life  if (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. 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( 1 ) or ( 3 ) applies for life if the person is, or was at any time,  the subject of an order or obligation under this or another Act of Parliament to comply with the  Sex Offender Information Registration Act . Duration of order — s. 490.012(2) (6) An order made under subsection 490.012( 2 ) applies for life. (2) Existing text of subsections 490.013(2.1) to (5): (2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1). (3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the  National Defence Act  or under section 36.1 of the  International Transfer of Offenders Act . (4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the  National Defence Act . (5) An order made under subsection 490.012(3) applies for life. 9 Section 490.014 of the Act is replaced by the following: 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). 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 (a) 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; (b) retains jurisdiction over the matter; (c) 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 (d) may issue a summons in Form 6.3 to compel the attendance of the person at the hearing. Appeal 490.014 The prosecutor, or a person who is subject to an order  made  under section 490.012, may appeal from a decision of the court under section  490.012 or 490.013  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 order or make an order that may be made under  section 490.012 . Clause 9 : Existing text of section 490.014: 490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection. 10 (1) Paragraph 490.015(1)(c) of the Act is replaced by the following: (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  in any of subsections  490.013(3), (5)  or (6) . Clause 10 : (1) Relevant portion of subsection 490.015(1): 490.015 (1) A person who is subject to an order may apply for a termination order ...   (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5). (2) Subsection 490.015(3) of the Act is replaced by the following: 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  or once they are absolutely discharged under paragraph 672.54(a) . (2) Existing text of subsection 490.015(3): (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. 11 Subsection 490.016(1) of the Act is replaced by the following: Termination order 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that (a) there would be no connection between  continuing an 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 on  the person  of  continuing an order or obligation , 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 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. Clause 11 : Existing text of subsection 490.016(1): 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, 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 the  Sex Offender Information Registration Act . 12 Subparagraph 490.018(1)(d)(iv) of the Act is replaced by the following: (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. Clause 12 : Relevant portion of subsection 490.018(1): 490.018 (1) When a court or appeal court makes an order under section 490.012, it shall cause ...   (d) a copy of the order to be sent to ...   (iv) the Commissioner of the Royal Canadian Mounted Police. 13 Section 490.02 of the Act is amended by adding the following after subsection (2): 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. Clause 13 : New. 14 Section 490.022 of the Act is amended by adding the following after subsection (3): 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. Clause 14 : New. 15 (1) The portion of subsection 490.026(2) of the Act before paragraph (a) is replaced by the following: 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  the  offence  listed in the notice : Clause 15 : (1) Relevant portion of subsection 490.026(2): (2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition  designated offence  in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition  designated offence  in section 227 of the  National Defence Act : (2) Subsections 490.026(3) and (4) of the Act are replaced by the following: 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  or once they are absolutely discharged under paragraph 672.54(a) . (2) Existing text of subsections 490.26(3) and (4): (3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition  designated offence  in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition  designated offence  in section 227 of the  National Defence Act . (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. 16 Subsection 490.027(1) of the Act is replaced by the following: Termination order 490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that (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 on the person  of continuing the obligation , 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. Clause 16 : Existing text of subsection 490.027(1): 490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in 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 the  Sex Offender Information Registration Act . 17 Subsection 490.02902(1) of the Act is replaced by the following: 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  on or  after  April 15, 2011  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  primary  offence  in subsection 490.011(1). Clause 17 : Existing text of subsection 490.02902(1): 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 after the coming into force of this subsection 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  designated offence  in subsection 490.011(1). 18 Paragraph 490.02904(3)(d) of the Act is replaced by the following: (d) applies for life if,  on April 15, 2011  or before  or  after  that day , the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence  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  referred to in paragraph (a) of the definition  primary  offence  in subsection 490.011(1) and if more than one of those offences is listed in the notice. Clause 18 : Relevant portion of subsection 490.02904(3): (3) If subsection (2) does not apply, the obligation ...   (d) applies for life if, before or after the coming into force of this paragraph, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) or referred to in paragraph (a) or (c) of the definition  designated offence  in section 227 of the  National Defence Act  and if more than one of those offences is listed in the notice. 19 (1) Subsection 490.02905(2) of the Act is replaced by the following: 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  primary  offence  in subsection 490.011(1); (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 . 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. 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. Clause 19 : (1) Existing text of subsection 490.02905(2): (2) The court (a) shall make an exemption order if it is satisfied that the person has established that (i) they were not convicted of or found not criminally responsible on account of mental disorder for or were acquitted of the offence in question, or (ii) the offence in question is not equivalent to an offence referred to in paragraph (a) of the definition  designated offence  in subsection 490.011(1); and (b) shall order that the notice be corrected if it is satisfied that the offence in question is not equivalent to the offence referred to in the notice but is equivalent to another offence referred to in paragraph (a) of the definition  designated offence  in subsection 490.011(1). (2) Subsection 490.02905(5) of the Act is replaced by the following: Notification (5) If the court makes an order referred to in  subsection (2.2) , 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. (2) Existing text of subsection 490.02905(5): (5) If the court makes an order referred to in paragraph (2)(b), 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. 20 The Act is amended by adding the following after section 490.02905: 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. 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. Clause 20 : New. 21 Subsection 490.02906(1) of the Act is replaced by the following: Appeal 490.02906 (1) The Attorney General or the person who applied for an exemption order  or a variation order  may appeal from a decision under subsection 490.02905(2)  or (2.2) or 490.029051(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  490.02905(2) or (2.2) or 490.029051(2) . Clause 21 : Existing text of subsection 490.02906(1): 490.02906 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision under subsection 490.02905(2) 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; (b) allow the appeal and order a new hearing; (c) quash the exemption order; or (d) make an order that may be made under that subsection. 22 Section 490.02907 of the Act is renumbered as subsection 490.02907(1) and is amended by adding the following: 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. Clause 22 : Existing text of section 490.02907: 490.02907 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 . 23 Subsection 490.02909(1) of the Act is replaced by the following: Termination order 490.02909 (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 on  the person of continuing the obligation , 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. Clause 23 : Existing text of subsection 490.02909(1): 490.02909 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the  Sex Offender Information Registration Act . 24 Subsection 490.02911(1) of the Act is replaced by the following: 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  primary  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 (a) their name, date of birth, gender, address and  telephone number in Canada; and (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. New obligation to advise (1.1) The person is  not required to advise the police service again  under subsection (1)  unless they are later convicted of or found not criminally responsible on account of mental disorder for another offence  outside Canada referred to in that subsection . Clause 24 : Existing text of subsection 490.02911(1): 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  designated 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 their name, date of birth, gender and address. They are not required to so advise the police service again unless they are later convicted of or found not criminally responsible on account of mental disorder for another such offence. 25 The Act is amended by adding the following before section 490.02912: 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 . 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. 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. 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 . 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. Clause 25 : New. 26 Section 490.02912 of the Act is amended by adding the following after subsection (3): 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). Clause 26 : New. 27 Subsection 490.02913(1) of the Act is replaced by the following: 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. Clause 27 : Existing text of subsection 490.02913(1): 490.02913 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature to be achieved by the registration of information relating to sex offenders under the  Sex Offender Information Registration Act . 28 Paragraph 490.03(1)(b) of the Act is replaced by the following: (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 . Clause 28 : Relevant portion of subsection 490.03(1): 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 ...   (b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2). 29 Subsection 490.031(3) of the Act is replaced by the following: 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. Clause 29 : Existing text of subsection 490.031(3): (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) — 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. 30 The portion of section 490.0311 of the Act before paragraph (a) is replaced by the following: 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 Clause 30 : Relevant portion of section 490.0311: 490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the  Sex Offender Information Registration Act  is guilty of an offence and liable 31 The Act is amended by adding the following after section 490.0312: 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. Clause 31 : New. 32 The Act is amended by adding the following after section 490.032: 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. 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. 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 . 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 . 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. 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. 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. 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. 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. 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. Clause 32 : New. 33 Subsection 703(2) of the Act is replaced by the following: Warrant effective in a province (2) Despite any other provision of this Act but subject to subsections 487.0551(2),  490.03121(3)  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. Clause 33 : Existing text of subsection 703(2): (2) Despite any other provision of this Act but subject to subsections 487.0551(2) 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. 34 The Act is amended by adding the following after section 726.2: 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. Clause 34 : New. 35 Section 743.2 of the Act is replaced by the following: 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  and the name and contact information for any victim who wishes to receive information under the  Corrections and Conditional Release Act . Clause 35 : Existing text of section 743.2: 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, and any other information relevant to administering the sentence or committal. 36 Part XXVIII of the Act is amended by adding the following after Form 6.2: FORM 6.3 (Section 490.0132) Summons to Appear for the Purposes of Section 490.0132 Canada, Province of  ( territorial division ) To ( name of person ), of  , born on ( date of birth ): Because on ( date ) at ( hour ) at ( place ) a sentence was imposed on you — or a verdict of not criminally responsible on account of mental disorder was rendered in respect of you — for a primary offence and the court did not, at the time the sentence was imposed or the verdict was rendered, consider whether an order to comply with the  Sex Offender Information Registration Act  should be made under any of subsections 490.012(1) to (3) of the  Criminal Code ; You are ordered, in His Majesty’s name, to appear on ( date ) at ( hour ) at ( place ) for the purposes of considering whether an order should be made under any of subsections 490.012(1) to (3) of the  Criminal Code  in respect of the primary offence for which the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered. You are warned that, unless you have a lawful excuse, it is an offence under subsection 145(3) of the  Criminal Code  to fail to appear as required in this summons. If you commit an offence under subsection 145(3) of the  Criminal Code , a warrant for your arrest may be issued (section 512 or 512.1 of the  Criminal Code ) and you may be liable to a fine or to imprisonment, or to both. Signed on ( date ), at ( place ). ( Signature of judge, justice or clerk of the court ) ( Name of the judge or justice ) FORM 6.4 (Section 490.03121) Warrant for Arrest Canada Province of  ( territorial division ) To the peace officers in ( territorial division ): This warrant is issued for the arrest of ( name of person ), of  , born on ( date of birth ). Whereas ( name of person ) contravened a requirement, under the  Criminal Code  or another Act of Parliament, to comply with sections 4 to 5.1 of the  Sex Offender Information Registration Act ; This is, therefore, to command you, in His Majesty’s name, to arrest ( name of person ) without delay in order to bring them to a  registration centre , as defined in subsection 3(1) of the  Sex Offender Information Registration Act , to remedy any contravention of any of sections 4 to 5.1 of that Act. Signed on ( date ), at ( place ). ( Signature of justice ) ( Name of the justice who has issued this warrant ) Clause 36 : New. 37 Form 34.2 of Part XXVIII of the Act is replaced by the following: FORM 34.2 (Subsection 722(4)) Victim Impact Statement 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 • any statement about the offence or the offender that is not relevant to the harm or loss you suffered; • any unproven allegations; • any comments about any offence for which the offender was not convicted; • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or • except with the court’s approval, an opinion or recommendation about the sentence. 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 Describe how the offence has affected you emotionally. For example, think of • your lifestyle and activities; • your relationships with others such as your spouse, family and friends; • your ability to work, attend school or study; and • your feelings, emotions and reactions as they relate to the offence.                 Physical impact Describe how the offence has affected you physically. For example, think of • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; • hospitalization or surgery you have had because of the offence; • treatment, physiotherapy or medication you have been prescribed; • the need for any further treatment or the expectation that you will receive further treatment; and • any permanent or long-term disability.                 Economic impact Describe how the offence has affected you financially. For example, think of • the value of any property that was lost or damaged and the cost of repairs or replacement; • any financial loss due to missed time from work; • the cost of any medical expenses, therapy or counselling; • any costs or losses that are not covered by insurance. Please note that this is not an application for compensation or restitution.                 Fears for security Describe any fears you have for your security or that of your family and friends. For example, think of • concerns with respect to contact with the offender; and • concerns with respect to contact between the offender and members of your family or close friends.                 Drawing, poem or letter You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.         □ I would like to present my statement in court. □ I would like to receive information respecting the sentence imposed on the offender and its administration. 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 Clause 37 : Existing text of Form 34.2 FORM 34.2 (Subsection 722(4)) Victim Impact Statement 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 • any statement about the offence or the offender that is not relevant to the harm or loss you suffered; • any unproven allegations; • any comments about any offence for which the offender was not convicted; • any complaint about any individual, other than the offender, who was involved in the investigation or prosecution of the offence; or • except with the court’s approval, an opinion or recommendation about the sentence. 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 Describe how the offence has affected you emotionally. For example, think of • your lifestyle and activities; • your relationships with others such as your spouse, family and friends; • your ability to work, attend school or study; and • your feelings, emotions and reactions as they relate to the offence.                 Physical impact Describe how the offence has affected you physically. For example, think of • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; • hospitalization or surgery you have had because of the offence; • treatment, physiotherapy or medication you have been prescribed; • the need for any further treatment or the expectation that you will receive further treatment; and • any permanent or long-term disability.                 Economic impact Describe how the offence has affected you financially. For example, think of • the value of any property that was lost or damaged and the cost of repairs or replacement; • any financial loss due to missed time from work; • the cost of any medical expenses, therapy or counselling; • any costs or losses that are not covered by insurance. Please note that this is not an application for compensation or restitution.                 Fears for security Describe any fears you have for your security or that of your family and friends. For example, think of • concerns with respect to contact with the offender; and • concerns with respect to contact between the offender and members of your family or close friends.                 Drawing, poem or letter You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the offence has had on you.          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 38 Form 48.2 of Part XXVIII of the Act is replaced by the following: FORM 48.2 (Subsection 672.5(14)) Victim Impact Statement  —  Not Criminally Responsible 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 • any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you; • any unproven allegations; • any comments about any conduct for which the accused was not found not criminally responsible; • any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or • except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition. 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 Describe how the accused’s conduct has affected you emotionally. For example, think of • your lifestyle and activities; • your relationships with others such as your spouse, family and friends; • your ability to work, attend school or study; and • your feelings, emotions and reactions as these relate to the conduct.                 Physical impact Describe how the accused’s conduct has affected you physically. For example, think of • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; • hospitalization or surgery you have had because of the conduct of the accused; • treatment, physiotherapy or medication you have been prescribed; • the need for any further treatment or the expectation that you will receive further treatment; and • any permanent or long-term disability.                 Economic impact Describe how the accused’s conduct has affected you financially. For example, think of • the value of any property that was lost or damaged and the cost of repairs or replacement; • any financial loss due to missed time from work; • the cost of any medical expenses, therapy or counselling; and • any costs or losses that are not covered by insurance. Please note that this is not an application for compensation or restitution.                 Fears for security Describe any fears you have for your security or that of your family and friends. For example, think of • concerns with respect to contact with the accused; and • concerns with respect to contact between the accused and members of your family or close friends.                 Drawing, poem or letter You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.         □ I would like to read or present my statement (in court or before the Review Board). □ I would like to receive information respecting any hearings held to make or review a disposition in respect of the accused. □ I would like to receive information respecting any disposition made in respect of the accused. □ If the accused is discharged absolutely or conditionally, I would like to receive notice of that discharge and of the accused’s intended place of residence. To the best of my knowledge, the information contained in this statement is true. Dated this   day of   20 , at   . Signature of declarant Clause 38 : Existing text of Form 48.2 FORM 48.2 (Subsection 672.5(14)) Victim Impact Statement  —  Not Criminally Responsible 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 • any statement about the conduct of the accused that is not relevant to the harm or loss suffered by you; • any unproven allegations; • any comments about any conduct for which the accused was not found not criminally responsible; • any complaint about any individual, other than the accused, who was involved in the investigation or prosecution of the offence; or • except with the court’s or Review Board’s approval, an opinion or recommendation about the disposition. 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 Describe how the accused’s conduct has affected you emotionally. For example, think of • your lifestyle and activities; • your relationships with others such as your spouse, family and friends; • your ability to work, attend school or study; and • your feelings, emotions and reactions as these relate to the conduct.                 Physical impact Describe how the accused’s conduct has affected you physically. For example, think of • ongoing physical pain, discomfort, illness, scarring, disfigurement or physical limitation; • hospitalization or surgery you have had because of the conduct of the accused; • treatment, physiotherapy or medication you have been prescribed; • the need for any further treatment or the expectation that you will receive further treatment; and • any permanent or long-term disability.                 Economic impact Describe how the accused’s conduct has affected you financially. For example, think of • the value of any property that was lost or damaged and the cost of repairs or replacement; • any financial loss due to missed time from work; • the cost of any medical expenses, therapy or counselling; and • any costs or losses that are not covered by insurance. Please note that this is not an application for compensation or restitution.                 Fears for security Describe any fears you have for your security or that of your family and friends. For example, think of • concerns with respect to contact with the accused; and • concerns with respect to contact between the accused and members of your family or close friends.                 Drawing, poem or letter You may use this space to draw a picture or write a poem or letter if it will help you express the impact that the accused’s conduct has had on you.          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 39 Section 2 of Form 52 of Part XXVIII of the Act is replaced by the following: 2 You must subsequently report to the registration centre referred to in section 7.1 of the  Sex Offender Information Registration Act , whenever required under section 4.1 or 4.3 of that Act, for a period of   years after this order is made ( or if paragraph 490.013(2)(c) or any of subsections 490.013( 3 ), (5)  or (6)  of the  Criminal Code  applies,  for life). Clause 39 : Existing text of section 2 of Form 52: 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). 40 (1) The paragraph of Form 54 of Part XXVIII of the Act that begins with “Because, on ( date )” and ends with “490.011(1) of the  Criminal Code ” is replaced by the following: 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 ), an offence (or offences)  referred to in paragraph (a) of the definition   primary offence  in subsection 490.011(1) of the  Criminal Code ; Clause 40 : (1) Relevant portion of Form 54: 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) Section 2 of Form 54 of Part XXVIII of the Act is replaced by the following: 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  an offence (or offences) that the Attorney General of the province, or the minister of justice of the territory, has identified as equivalent to  ( description of offence(s) ) under ( applicable offence provision(s) of the   Criminal Code ),  an offence (or offences) referred to in paragraph (a) of the definition  primary offence  in subsection 490.011(1) of the  Criminal Code ) or for any shorter period determined under subsection 490.02904(2) of the  Criminal Code . (2) Existing text of section 2 of Form 54: 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 . (3) Form 54 of Part XXVIII of the Act is amended by adding the following after section 6: 6.1 You have the right to apply to a court to vary the duration of the obligation to comply with the  Sex Offender Information Registration Act  if the obligation applies for life because you were convicted or found not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court. (3) New. 2004, c. 10 Sex Offender Information Registration Act 41 (1) Paragraphs 6(1)(a) and (b) of the  Sex Offender Information Registration Act  are replaced by the following: (a) at least 14 days  before the sex offender’s 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 — 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,  if the address is unknown, every  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 Sex Offender Information Registration Act Clause 41 : (1) Relevant portion of subsection 6(1): 6 (1) Subject to subsection (1.1), a sex offender other than one who is referred to in subsection (1.01) shall notify a person who collects information at the registration centre referred to in section 7.1 (a) before the sex offender’s departure — of the dates of their departure and return and of every address or 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 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 (2) Paragraphs 6(1.01)(a) to (d) of the Act are replaced by the following: (a) at least 14 days  before the sex offender’s 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 — 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) at least 14 days  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 outside Canada; (c) within seven days after their departure — of the date of their return and of every address or,  if the address is unknown, every  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,  if the address is unknown, every  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 (2) Relevant portion of subsection 6(1.01): (1.01) Subject to subsection (1.1), a sex offender who is convicted of a sexual offence against a child shall notify a person who collects information at the registration centre referred to in section 7.1 (a) before the sex offender’s departure — of the dates of their departure and return and of every address or 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) before their departure, of the dates of their departure and return and of every address or 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 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 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 (3) Section 6 of the Act is amended by adding the following after subsection (1.01): 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. (3) New. 42 Subsections 8.1(3) and (4) of the Act are replaced by the following: 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,  490.029111  or  490.04  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  subsection  490.02907 (1), 490.029114(1) or 490.07(1)  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),  490.029111(2) or 490.04(5)  of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order. Clause 42 : Existing text of subsections 8.1(3) and (4): (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 or 490.02905 of the  Criminal Code . (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 490.02907 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) or 490.02905(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order. 43 (1) Subsection 15(1) of the Act is replaced by the following: 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  until 50 years have elapsed after the death of the sex offender to whom it relates . Clause 43 : (1) Existing text of subsection 15(1): 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 indefinitely. (2) Subsection 15(2) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b): (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. (2) New. (3) Paragraph 15(3)(c) of the Act is replaced by the following: (c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2), 490.02905(2),  490.029111(2)  or  490.04(5)  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. (3) Relevant portion of subsection 15(3): (3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 or 490.02901 of the  Criminal Code  or section 227.06 of the  National Defence Act  shall be destroyed and permanently removed from the database if ...   (c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) 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. 44 (1) Paragraph 16(2)(b) of the Act is replaced by the following: (b) a member or employee of, or  a person  retained by, a police service  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 ; Clause 44 : (1) Relevant portion of subsection 16(2): (2) No person shall consult any information that is collected under this Act or registered in the database, unless they are ...   (b) a person who collects information at a registration centre designated under this Act 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 ; (2) Paragraph 16(4)(c) of the Act is amended by adding the following after subparagraph (i): (i.1) to enable them to verify the sex offender’s compliance with section 5, (2) to (4) Relevant portion of subsection 16(4): (4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed, ...   (c) unless the disclosure is to a member or an employee of, or a person retained by, a police service and is necessary (3) Paragraph 16(4)(c) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after that subparagraph: (iv) to enable them to obtain a warrant under subsection 490.03121(1) of the  Criminal Code  and execute the warrant; (4) Subsection 16(4) of the Act is amended by adding the following after paragraph (f): (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; 2004, c. 21 International Transfer of Offenders Act 45 Section 36.1 of the  International Transfer of Offenders Act  is replaced by the following: Obligation 36.1 If the criminal offence identified under section 15 or 36.3 is an offence referred to in paragraph (a) or  (f)  of the definition  primary  offence  in subsection 490.011(1) of the  Criminal Code , the person is required to comply with the  Sex Offender Information Registration Act . International Transfer of Offenders Act Clause 45 : Existing text of section 36.1: 36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) of the  Criminal Code , the person is required to comply with the  Sex Offender Information Registration Act . 46 (1) Paragraphs 36.2(2)(a) and (b) of the Act are replaced by the following: (a) subject to subsections (3) and (4) , 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) subject to subsections (3) and (4) , 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 Clause 46 : (1) Relevant portion of subsection 36.2(2): (2) The obligation (a) 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) 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 (2) Subsections 36.2(3) to (6) of the Act are replaced by the following: 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  (f)  of the definition  primary  offence  in subsection 490.011(1) of the  Criminal Code . Duration — if previous obligation (4) The obligation applies for life if the person,  before or after the coming into force of paragraphs (a) and (b) , (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 . (2) Existing text of subsections 36.2(3) to (6): (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), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) of the  Criminal Code . (4) The obligation applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901 of the  Criminal Code  or section 227.06 of the  National Defence Act . (5) The obligation applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of the  Criminal Code  or section 227.01 of the  National Defence Act . (6) The obligation applies for life if (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition  designated offence  in subsection 490.011(1) of the  Criminal Code  or in paragraph (a) or (c) of the definition  designated offence  in section 227 of the  National Defence Act ; (b) the person was not served with a notice under section 490.021 or 490.02903 of the  Criminal Code  or section 227.08 of the  National Defence Act  in connection with that offence; and (c) no order was made under subsection 490.012(1) of the  Criminal Code  or subsection 227.01(1) of the  National Defence Act  in connection with that offence. 47 (1) The paragraph of Form 1 of the schedule to the Act that begins with “And because you” and ends with “490.011(1) of the  Criminal Code ” is replaced by the following: 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 ), an offence (or offences)  referred to in paragraph (a) or (f) of the definition  primary offence  in subsection 490.011(1) of the  Criminal Code ; Clause 47 : (1) Relevant portion of Form 1: 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) Section 2 of Form 1 of the schedule to the Act is replaced by the following: 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  subsection  36.2(3) or ( 4 ) 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  an offence (or offences) that the Minister has identified as being equivalent to  ( description of offence(s) ) under ( applicable offence provision(s) of the   Criminal Code ),  an offence (or offences) referred to in paragraph (a) or (f) of the definition  primary offence  in  subsection 490.011(1) of the  Criminal Code ). (2) Existing text of section 2 of Form 1: 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 ). (3) Form 1 of the schedule to the Act is amended by adding the following after item 5: 5.1 You have the right to apply to a court to exempt you from the obligation to comply with the  Sex Offender Information Registration Act , and the right to appeal the decision of that court. 5.2 You have the right to apply to a court to vary the duration of the obligation to comply with the  Sex Offender Information Registration Act  if the obligation applies for life because you were convicted or given a verdict of not criminally responsible on account of mental disorder for more than one offence, and you have the right to appeal the decision of that court. (3) New. Coordinating Amendments 2015, c. 23 48 (1) In this section,  other Act  means chapter 23 of the Statutes of Canada, 2015. (2) On the first day on which both section 29 of the other Act and section  6  of this Act are in force, paragraph (a) of the definition  sexual offence against a child  in subsection 2(1) of the Act enacted by that section 29 is replaced by the following: (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 (3) If section 30 of the other Act comes into force before section  29  of this Act, then that section  29  is deemed never to have come into force and is repealed. (4) If section  29  of this Act comes into force before section 30 of the other Act, then that section 30 is repealed. (5) If section 30 of the other Act comes into force on the same day as section  29  of this Act, then that section  29  is deemed never to have come into force and is repealed. (6) If section 31 of the other Act comes into force before section  30  of this Act, then that section  30  is deemed never to have come into force and is repealed. (7) If section  30  of this Act comes into force before section 31 of the other Act, then that section 31 is repealed. (8) If section 31 of the other Act comes into force on the same day as section  30  of this Act, then that section  30  is deemed never to have come into force and is repealed. Coming into Force Order in council 49 Section  35  comes into force on a day to be fixed by order of the Governor in Council.