Application for termination order
490.02908 (1) A person who is subject to an obligation under section 490.02901 may apply to a court of criminal jurisdiction for a termination order unless they are also subject to another obligation under that section — or to an obligation under section 490.019, 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 — one offence
(2) The person may apply for a termination order if the following period has elapsed since the sentence was imposed or the verdict of not criminally responsible on account of mental disorder was rendered:
(a) five years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is two or five years;
(b) 10 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is 10 or 14 years; or
(c) 20 years if the maximum term of imprisonment provided for in Canadian law for the equivalent offence is life.
Time for application — more than one offence
(3) If more than one offence is listed in the notice served under section 490.02903, the person may apply for a termination order if 20 years have elapsed since the sentence was imposed, or the verdict of not criminally responsible on account of mental disorder was rendered, for the most recent offence.
Re-application
(4) A person whose application is refused may apply again if five years have elapsed since the application was made.
Annotations
- Part XV