View source for Breach of SOIRA Orders (Offence)

{{Fr|Violation_des_ordonnances_du_LERDS_(infraction)}}
{{Currency2|November|2023}}
{{LevelZero}}{{HeaderOffences}}
{{OffenceBox 
|OffenceTitle=Breach of SOIRA Orders
|OffencePage=Breach of SOIRA Orders
|Section=490.031, 490.0311 or 490.0312
|Act={{OBCCC}} 
|CrownElection= {{OBHybridSummaryElection}} 
|Jurisdiction=varies<!--{{OBJurisdictionAll}} {{OBJurisdictionAbsolute}} -->
|Bail= {{OBBailAll}}  
|SummaryDisp= {{OBDispAll}}  
|SummaryMin= {{OBMinNone}} 
|SummaryMax= {{OBTime|fine / 6 months}}  
|IndictableDisp= {{OBDispSame}} 
|IndictableMin= {{OBMinNone}}  
|IndictableMax= {{OBTime|2 years}} }}
==Overview==
The offences relating to '''breaches of SOIRA Orders''' are found in Part XV of the Criminal Code relating to "Special Procedure and Powers".

; Pleadings

{{PleadingsHeader-N}}
{{PleadingsSummaryList-N|s. 490.0312 {{DescrSec|490.0312}} | {{No}} | {{No}}| {{No-Under14}} }}
{{PleadingsHybridList-N|s. 490.031 {{DescrSec|490.031}} or<br>s. 490.0311 {{DescrSec|490.0311}} | {{No}} | {{No}}| {{No-Under14}} }}
{{PleadingsEnd}}

{{PleadingsAbsolute|s. 490.031 or 490.0311}}

{{PleadingsSummary|s. 490.0312}}

; Release
{{ReleaseHeader}}
|s. 490.031 {{DescrSec|490.031}} and <br> s. 490.0311 {{DescrSec|490.0311}}  || {{ReleaseProfile-Hybrid}} 
|-
|s. 490.0312 {{DescrSec|490.0312}} || {{ReleaseProfile-Summary}} 
|-
{{ReleaseEnd}}

{{ReleaseOptions-Hybrid|s. 490.031, 490.0311, 490.0312}}

:''<u>Renversement du fardeau de la preuve</u>''
{{ReverseOnusCirc}}

:''Fingerprints and Photos''
{{IDCriminalAct|s. 490.031 or 490.0311}}

; Publication Bans
{{GeneralPubBan}}

; Offence Designations
{{DesignationHeader}}
|-
|s. 490.031 {{DescrSec|490.031}} or 490.0311 {{DescrSec|490.0311}}|| {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark}}
|-
|s. 490.0312 {{DescrSec|490.0312}} || {{XMark}} <!--wire--> || {{XMark}} <!--DO-->||{{XMark}} <!--SPIO--> || {{XMark}} <!--consent--> || {{XMark}}
{{DesignationEnd}}
{{SeeBelowForAncillary}}

==Offence Wording==
{{quotation2|
; Offence
490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 {{AnnSec4|490.012}} or under section 227.01 of the ''National Defence Act'' or with an obligation under section 490.019 {{AnnSec4|490.019}} or 490.02901 {{AnnSec4|490.02901}}, under section 227.06 of the ''National Defence Act'' or under section 36.1 of the ''International Transfer of Offenders Act'' is guilty of an offence and liable
:(a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or
:(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

; Reasonable excuse
(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the ''National Defence Act''.
<br>
; 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.
<Br>
; Attendance and cross-examination
(4) The sex offender named in the certificate may, with the leave of the court, require the attendance of the person who signed it for the purpose of cross-examination.
<br>
; Notice of intention to produce
(5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the sex offender a copy of it and reasonable notice of their intention to produce it.
<br>
{{LegHistory00s|2004, c. 10}}, s. 20; 
{{LegHistory00s|2007, c. 5}}, s. 28; 
{{LegHistory10s|2010, c. 17}}, s. 21;
{{LegHistory10s|2019, c. 25}}, s. 204;
{{LegHistory20s|2023, c. 28}}, s. 29.
|{{CCCSec2|490.031}}
|{{NoteUp|490.031|1|2|3|4|5}}
}}

{{quotation2|
; 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

:(a) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both; or
:(b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years less a day, or to both.

{{LegHistory00s|2007, c. 5}}, s. 29; 
{{LegHistory10s|2010, c. 17}}, s. 22;
{{LegHistory10s|2019, c. 25}}, s. 205;
{{LegHistory10s|2023, c. 28}}, s. 30.
|{{CCCSec2|490.0311}}
|{{NoteUp|490.0311}}
}}

{{quotation2|
; Offence
490.0312 Every person who, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) {{AnnSec4|490.02911(1)}} or (2) {{AnnSec4|490.02911(2)}} is guilty of an offence punishable on summary conviction.
<br>
{{LegHistory10s|2010, c. 17}}, s. 23.
|{{CCCSec2|490.0312}}
|{{NoteUp|490.0312}}
}}

===Draft Form of Charges===
{{seealso|Draft Form of Charges}}
{{DraftHeader}}
|-
|490.031
| 
|"{{ellipsis1}}, 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 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act{{ToWit-Conduct}} {{contrary|490.031}}."
|-
|490.0311
| 
|"{{ellipsis1}}, did knowingly provide false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act{{ToWit-Conduct}} {{contrary|490.0311}}."
|-
|490.0312
| 
|"{{ellipsis1}}, did, without reasonable excuse, fails to comply with an obligation under subsection 490.02911(1) or (2){{ToWit-Conduct}} {{contrary|490.0311}}."
{{DraftEnd}}

==Proof of the Offence==
{{ElementHeader}}
{{ElementLeft}}

{{Proving|breach of SOIRA orders|490.031}}
{{InitialElements}}
# {{box}} the culprit failed to comply with an order;
# {{box}} the order was made under s. 490.012 or 227.01 of the ''National Defence Act'' or "with 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 is guilty of an offence"
# {{box}} the culprit had no "reasonable excuse" for the offending conduct.

{{ElementRight}}
{{Proving|providing false info under SOIRA obligations|490.0311}}
{{InitialElements}}
# {{box}} the culprit provides false or misleading information to police;
# {{box}} information is being provided as required under s. 5(1) or 6(1) of the SOIRA
# {{box}} the culprit knew that the information was false or misleading.

{{ElementLeft}}
{{Proving|failure to comply with SOIRA obligations|490.0312}}
{{InitialElements}}
# {{box}} the culprit failed to comply with an obligation required under s. 490.02911(1) or (2), consisting of:
## {{box}} failing to advise a police service of their name, date of birth, gender and address;
## {{box}} failing to advise police of a change in address within 7 days of change 490.02911(2); 
# {{box}} the culprit had no "reasonable excuse" for the offending conduct.
{{ElementRight}}

{{ElementEnd}}

==Interpretation==

See also [[Warrant_Arrests#Arrest_Warrant_for_SOIRA_Order_Breach]]

==Participation of Third Parties==
{{seealso|Role of the Victim and Third Parties|Testimonial Aids for Young, Disabled or Vulnerable Witnesses}}

; Testimonial Aids
{{3rdPTestimonyAids}}

; On Finding of Guilt 
{{VictimHeader}} <!-- Sections / Notice of Agree / Notice of Restitution / Notice of VIS --> 
|s. 490.031 {{DescrSec|490.031}} || || || 
|- 
|s. 490.0311 {{DescrSec|490.0311}} || || || 
|- 
|s. 490.0312 {{DescrSec|490.0312}} || || || 
|- 
{{VictimEnd}}
 
<!--
{{606Notice5Y|XX}}
{{606NoticeSPIO|XX}}
-->
{{RestitutionNotice}}

{{VISNotice}}

==Sentencing Principles and Ranges==
{{seealsoSentencing}}

; Maximum Penalties
{{MaxPenaltyHybrid|s. 490.031 and 490.0311|a '''$10,000 fine and/or 2 years incarceration'''|'''$10,000 fine and/or 6 months jail'''}}

{{MaxPenaltySummary|s. 490.0312|'''{{summaryconviction}}'''}}

; Minimum Penalties
{{NoMinimumPenalties}}

; Available Dispositions
{{AllDispositionsAvailable}}

; Consecutive Sentences
{{NoConsecutive}}

==Ancillary Sentencing Orders==
{{seealso|Ancillary Orders}}
	
; Offence-specific Orders
* None

; General Sentencing Orders
{{GeneralSentencingOrders}}

; General Forfeiture Orders
{{GeneralForfeitureOrders}}

==Record Suspensions and Pardons== 
{{RecordSuspension|s. 490.031 or 490.0311 }}

==History==
{{seealso|List of Criminal Code Amendments|Table of Concordance (Criminal Code)}}
===2007 to 2010===
{{quotation1|
; Offence
490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 of this Act or section 227.01 of the ''National Defence Act'', or with an obligation under section 490.019 of this Act or section 227.06 of the ''National Defence Act'', is guilty of an offence and liable
:(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
:(b) in the case of a second or subsequent offence,
::(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
::(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

; Reasonable excuse
(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the ''National Defence Act''.
<br>
{{LegHistory00s|2004, c. 10}}, s. 20; 
{{LegHistory00s|2007, c. 5}}, s. 28.
|[http://canlii.ca/t/kmnw#sec490.031 CCC]
|{{NoteUp|}}
}}
{{quotation1|
; Offence
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
:(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
:(b) in the case of a second or subsequent offence,
::(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
::(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

{{LegHistory00s|2007, c. 5}}, s. 29.
|[http://canlii.ca/t/kmnw#sec490.0311 CCC]
|{{NoteUp|}}
}}

===2004 to 2007===
{{quotation1|
; Offence
490.031 Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or with an obligation under section 490.019, is guilty of an offence and liable
:(a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and
:(b) in the case of a second or subsequent offence,
::(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
::(ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

{{LegHistory00s|2004, c. 10}}, s. 20.
|[http://canlii.ca/t/hzbm#sec490.031 CCC]
|{{NoteUp|}}
}}

==See Also==
'''Reference'''
* [[Pre-Trial and Trial Motions Checklist]]

{{OffencesNavBar/Sexual}}