Criminal Code
Sections and provisions with full text and the judgments that cite each one.
Section 490.02912 — Application for termination 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 a termination order unless they are also…
Section 490.02913 — Termination order
The court shall make an order terminating the obligation if it is satisfied that the person has established that there would be no connection between continuing the obligation and the purpose of…
Section 490.02914 — Appeal
The Attorney General or the person who applied for a termination order may appeal from a decision under subsection 490.02913(1) on any ground of appeal that raises a question of law or of mixed law…
Section 490.02915 — Notice before release
The person in charge of the place in which a person who is subject to an obligation under section 36.1 of the International Transfer of Offenders Act is serving the custodial portion of a sentence,…
Section 490.03 — Disclosure
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…
Section 490.031 — Offence
Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or under section 227.01 of the National Defence Act or with an obligation under section 490.019…
Section 490.0311 — Offence
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 on…
Section 490.0312 — Offence
Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2) is guilty of an offence punishable on summary conviction.
Section 490.03121 — Warrant to arrest
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…
Section 490.032 — Regulations
The Governor in Council may make regulations requiring that additional information be contained in a notice under Form 53 or Form 54; and prescribing, for one or more provinces, the form and content…
Section 490.04 — Application for exemption order
A person may apply to a court for an order exempting them from 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 an…
Section 490.05 — 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…
Section 490.06 — Appeal
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…
Section 490.07 — Requirements relating to notice
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…
Section 490.1 — Order of forfeiture of property on conviction
Subject to sections 490.3 to 490.41, if a person is convicted, or discharged under section 730, of an indictable offence under this Act or the Corruption of Foreign Public Officials Act and, on…
Section 490.2 — Application for in rem forfeiture
If an information has been laid in respect of an indictable offence under this Act or the Corruption of Foreign Public Officials Act , the Attorney General may make an application to a judge for an…
Section 490.3 — Voidable transfers
A court may, before ordering that offence-related property be forfeited under subsection 490.1(1) or 490.2(2), set aside any conveyance or transfer of the property that occurred after the seizure of…
Section 490.4 — Notice
Before making an order under subsection 490.1(1) or 490.2(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to, and may hear, any person who,…
Section 490.41 — Notice
If all or part of offence-related property that would otherwise be forfeited under subsection 490.1(1) or 490.2(2) is a dwelling-house, before making an order of forfeiture, a court shall require…
Section 490.5 — Application
Where any offence-related property is forfeited to Her Majesty pursuant to an order made under subsection 490.1(1) or 490.2(2), any person who claims an interest in the property, other than in the…
Section 490.6 — Appeals from orders under subsection 490.2(2)
Any person who, in their opinion, is aggrieved by an order made under subsection 490.2(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict…
Section 490.7 — Suspension of order pending appeal
Notwithstanding anything in this Act, the operation of an order made in respect of property under subsection 490.1(1), 490.2(2) or 490.5(4) is suspended pending any application made in respect of the…
Section 490.8 — Application for restraint order
The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any offence-related property. An application made under subsection…
Section 490.81 — Management order
With respect to offence-related property other than a controlled substance within the meaning of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act…
Section 490.9 — Sections 489.1 and 490 applicable
Subject to sections 490.1 to 490.7, sections 489.1 and 490 apply, with any modifications that the circumstances require, to any offence-related property that is the subject of a restraint order made…
Section 491 — Forfeiture of weapons and ammunition
Subject to subsection (2), where it is determined by a court that a weapon, an imitation firearm, a prohibited device, a firearm part, any ammunition, any prohibited ammunition or an explosive…
Section 491.1 — Order for restitution or forfeiture of property obtained by crime
Where an accused or defendant is tried for an offence and the court determines that an offence has been committed, whether or not the accused has been convicted or discharged under section 730 of the…
Section 491.2 — Photographic evidence
Before any property that would otherwise be required to be produced for the purposes of a preliminary inquiry, trial or other proceeding in respect of an offence under section 334, 344, 348, 354,…
Section 492 — Seizure of explosives
Every person who executes a warrant issued under section 487 may seize any explosive substance that they suspect is intended to be used for an unlawful purpose, and shall, as soon as possible, remove…
Section 492.1 — Warrant for tracking device — transactions and things
A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed under this or any other Act of Parliament and…
Section 492.2 — Warrant for transmission data recorder
A justice or judge who is satisfied by information on oath that there are reasonable grounds to suspect that an offence has been or will be committed against this or any other Act of Parliament and…
Section 493 — Definitions
In this Part, accused includes a person to whom a peace officer has issued an appearance notice under section 497, and a person arrested for a criminal offence; ( prévenu ) appearance notice…
Section 493.1 — Principle of restraint
In making a decision under this Part, a peace officer, justice or judge shall give primary consideration to the release of the accused at the earliest reasonable opportunity and on the least onerous…
Section 493.2 — Aboriginal accused or vulnerable populations
In making a decision under this Part, a peace officer, justice or judge shall give particular attention to the circumstances of Aboriginal accused; and accused who belong to a vulnerable population…
Section 494 — Arrest without warrant by any person
Any one may arrest without warrant a person whom he finds committing an indictable offence; or a person who, on reasonable grounds, he believes has committed a criminal offence, and is escaping from…
Section 495 — Arrest without warrant by peace officer
A peace officer may arrest without warrant a person who has committed an indictable offence or who, on reasonable grounds, he believes has committed or is about to commit an indictable offence; a…
Section 495.1 — Arrest without warrant – application of section 524
Despite any other provision in this Act, if a peace officer has reasonable grounds to believe that an accused has contravened or is about to contravene a summons, appearance notice, undertaking or…
Section 496 — Appearance notice for judicial referral hearing
If a peace officer has reasonable grounds to believe that a person has failed to comply with a summons, appearance notice, undertaking or release order or to attend court as required and that the…
Section 497 — Issue of appearance notice by peace officer
If, by virtue of subsection 495(2), a peace officer does not arrest a person, they may issue an appearance notice to the person if the offence is an indictable offence mentioned in section 553; an…
Section 498 — Release from custody — arrest without warrant
Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under…
Section 499 — Release from custody — arrest with warrant
If a person who has been arrested with a warrant by a peace officer is taken into custody for an offence other than one listed in section 469 and the warrant has been endorsed by a justice under…
Section 500 — Contents of appearance notice
An appearance notice shall set out the name, date of birth and contact information of the accused; set out the substance of the offence that the accused is alleged to have committed; require the…
Section 501 — Contents of undertaking
An undertaking under paragraph 498(1)(c), 499(b) or 503(1.1)(b) must set out the name, date of birth and contact information of the accused; the substance of the offence that the accused is alleged…
Section 502 — Variation of undertaking on consent
The undertaking in respect of which an accused has been released under section 498, 499 or 503 may, with the written consent of the accused and the prosecutor, be varied and the undertaking so varied…
Section 502.1 — Appearance of the accused
Except as otherwise provided in this Part, an accused who is required to appear in a proceeding under this Part shall appear in person but may appear by audioconference or videoconference, if…
Section 503 — Taking before justice
Subject to the other provisions of this section, a peace officer who arrests a person with or without warrant and who has not released the person under any other provision under this Part shall, in…
Section 504 — In what cases justice may receive information
Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice, and the justice shall receive the…
Section 505 — Time within which information to be laid in certain cases
If an appearance notice has been issued to an accused under section 497, or if an accused has been released from custody under section 498 or 503, an information relating to the offence alleged to…
Section 506 — Form
An information laid under section 504 or 505 may be in Form 2.
Section 507 — Justice to hear informant and witnesses — public prosecutions
Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an…