Application for termination order
490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.
Time for application
(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act:
(a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;
(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment for the offence is life.
More than one offence
(3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition designated offence in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition designated offence in section 227 of the National Defence Act.
Pardon or record suspension
(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered.
Re-application
(5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or to an order under section 490.012 or under section 227.01 of the National Defence Act.
Jurisdiction
(6) The application shall be made to a court of criminal jurisdiction if
(a) it relates to an obligation under section 490.019 of this Act; or
(b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.12(6) of that Act.
Annotations
- Part XV