Section 490.05 — Criminal Code: Application for variation order

A person may apply to a court for an order to vary the duration of 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; 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; 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 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. 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. The application shall be made to 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 a court of criminal jurisdiction, in any other case. 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. 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 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; 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; 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 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. The court shall give reasons for its decision. 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.