The language used in the motion is identical to the language that's already used in section 447.1. The term “accused” is used simply because it's used in other areas in the Criminal Code. I believe the term “convicted individual” is not used in the code.
As well, if you look at the chapeau in subsection 447.1(1), it says, “The court may, in addition to any other sentence that it may impose”, so that would lead the court to conclude that there has to be a conviction.