Duration of SOIRA Orders

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General Principles

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 [first offence]

(2) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] or (2) [SOIRA order – previous offence or obligation]

(a) 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) 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 [more than one offence]

(2.1) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) [sex offender information – definitions].

Duration of order

(3) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] or (2) [SOIRA order – previous offence or obligation] applies for life if the person is, or was at any time, subject to an obligation under section 490.019 [Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004] or 490.02901 [Obligation to Comply with the Sex Offender Information Registration Act — Convictions Outside Canada], under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.

Duration of order

(4) An order made under subsection 490.012(1) [power to make SOIRA orders – designated offences] or (2) [SOIRA order – previous offence or obligation] applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 [SOIRA orders] of this Act or section 227.01 of the National Defence Act.

Duration of order

(5) An order made under subsection 490.012(3) [power to make SOIRA orders – other circumstances] applies for life.
2004, c. 10, s. 20; 2007, c. 5, s. 14; 2010, c. 17, s. 6; 2014, c. 25, s. 27.
[annotation(s) added]

– [http://canlii.ca/t/7vf2#sec490.013

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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).

Correcting SOIRA of Improper Duration

See Appeals below

Effect of Prior Orders and Convictions

490.012
[omitted (1) and (2)]

Order — if previous offence established

(3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) [power to make SOIRA orders – designated offences] or (2) [SOIRA order – previous offence or obligation] or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 [forms] requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 [commencement and duration of SOIRA Order] if the prosecutor establishes that

(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition “designated offence” in subsection 490.011(1) [sex offender information – definitions] or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

(b) the person was not served with a notice under section 490.021 [period for and method of service] or 490.02903 [notice of SOIRA obligations outside Canada – timing and method of service] or under section 227.08 of the National Defence Act in connection with that offence; and

(c) no order was made under subsection (1) [power to make SOIRA orders – designated offences] or under subsection 227.01(1) of the National Defence Act in connection with that offence.

[omitted (4)]
2004, c. 10, s. 20; 2007, c. 5, s. 13; 2010, c. 17, s. 5; 2014, c. 25, s. 26.
[annotation(s) added]

– [http://canlii.ca/t/7vf2#sec490.012

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When considering the effect of prior-related records, convictions for sexual offences while the offender was a youth should not be considered if it occurred more than 5 years prior to the adult offence.