Duration of SOIRA Orders

From Criminal Law Notebook

General Principles

See also: SOIRA Orders and Early Termination of SOIRA Orders

Under Section 490.13, the length of the SOIRA order is based on the election and the maximum penalty.

 
Flowchart for duration of SOIRA Order



Date order begins

490.013 (1) An order made under section 490.012 [SOIRA orders] begins on the day on which it is made.

Duration of order — s. 490.‍012(1) or (3)

(2) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] or (3) [power to make SOIRA orders – other circumstances]

(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
(c) applies for life if the maximum term of imprisonment for the offence is life.
Duration of order — offences in same proceeding

(3) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] or (3) [power to make SOIRA orders – other circumstances] 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) [power to make SOIRA orders – designated offences] to (3) [power to make SOIRA orders – other circumstances] 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) [power to make SOIRA orders – designated offences] or (3) [power to make SOIRA orders – other circumstances] applies for life if the person

(a) was previously convicted of, or previously received a verdict of not criminally responsible on account of mental disorder for, a primary offence or an offence under section 130 of the National Defence Act in respect of a primary offence; or
(b) 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) [SOIRA order – previous offence or obligation] applies for life.
2004, c. 10, s. 20; 2007, c. 5, s. 14; 2010, c. 17, s. 6; 2014, c. 25, s. 27; 2023, c. 28, s. 8.
[annotation(s) added]

CCC (CanLII), (DOJ)


Note up: 490.013(1), (2), (3), (4), (5), and (6)

Lifetime Duration

An order must be made for a minimum of life where:

  • "if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence" that is a "designated offence". (490.013 (2.1))
  • "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" (490.013 (3))
  • "if the person is, or was at any time, subject to [a SOIRA] order made previously" (490.013 (4))


Lifetime duration is not permitted under s. 490.013(2.1).[1]

Correcting SOIRA of Improper Duration

See SOIRA_Orders#Appeal_From_Order

See Also