Section 490.029111 — Criminal Code: Application for exemption order

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. The court shall make an exemption order if it is satisfied that the person has established that 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 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. In determining whether to make an exemption order, the court shall consider the nature and seriousness of the offence that is the basis of the obligation; the victim’s age and other personal characteristics; the nature and circumstances of the relationship between the person and the victim; the personal characteristics and circumstances of the person; 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; the opinions of experts who have examined the person; and any other factors that the court considers relevant. The court shall give reasons for its decision. 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 .