Law:Sex Offender Information Registration Act

From Law Delta

Jump to: navigation, search


S.c. 2004, c. 10

Assented to 2004-04-01

An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:


Contents

Short Title

Short title

1. This Act may be cited as the Sex Offender Information Registration Act.


Purpose And Principles

Purpose

2. (1) The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

Principles

(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:

(a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders;

(b) the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and

(c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that

(i) the information be collected only to enable police services to prevent or investigate crimes of a sexual nature, and

(ii) access to the information, and use and disclosure of it, be restricted.

2004, c. 10, s. 2; 2010, c. 17, s. 28.

Previous Version

Interpretation

Definitions

3. (1) The following definitions apply in this Act.

“database”

« banque de données »

“database” means the database that contains the information that is registered under this Act.

“finding of not criminally responsible on account of mental disorder”

« verdict de non-responsabilité »

“finding of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.

“information”

« renseignements »

“information” includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2).

“main residence”

« résidence principale »

“main residence” means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often.

“member of a police service”

« membre d’un service de police »

“member of a police service” includes

(a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and

(b) in an area in which an aboriginal police service is responsible for policing, a member of that police service.

“Ontario Act”

« loi ontarienne »

“Ontario Act” has the same meaning as in subsection 490.011(1) of the Criminal Code.

“order”

« ordonnance »

“order” means an order under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.

“person who collects information”

« préposé à la collecte »

“person who collects information” means a person who is authorized to collect information under paragraph 18(1)(b) or subsection 19(1) of this Act or paragraph 227.2(c) of the National Defence Act.

“person who registers information”

« préposé à l’enregistrement »

“person who registers information” means a person who is authorized to register information under paragraph 18(1)(c) or subsection 19(1) of this Act or paragraph 227.2(d) of the National Defence Act.

“registration centre”

« bureau d’inscription »

“registration centre” means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1) of this Act or paragraph 227.2(e) of the National Defence Act.

“retained”

« agent contractuel »

“retained” means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services.

“secondary residence”

« résidence secondaire »

“secondary residence” means a place in Canada, other than a main residence, where a person regularly lives.

“sex offender”

« délinquant sexuel »

“sex offender” means a person who is subject to an order or to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

Interpretation

(2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that

(a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and

(b) constitute an offence.

2004, c. 10, s. 3; 2007, c. 5, s. 32; 2010, c. 17, s. 29.

Previous Version

Obligations Of Sex Offenders

First obligation to report

4. (1) A person who is subject to an order shall report to a registration centre referred to in section 7.1 within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

(a) the order is made, if they are convicted of the offence in connection with which the order is made and

(i) they are not given a custodial sentence,

(ii) they are ordered to serve a sentence of imprisonment intermittently under subsection 732(1) of the Criminal Code, or

(iii) they are the subject of a conditional sentence order made under section 742.1 of the Criminal Code;

(b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

(b.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

(b.2) the imprisonment or detention to which they are sentenced for the offence in connection with which the order is made is suspended under section 215 or 216 of the National Defence Act;

(c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or

(d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made.

First obligation to report

(2) A person who is subject to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act shall report to a registration centre referred to in section 7.1

(a) if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and

(b) in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

(i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code,

(i.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act,

(i.2) an imprisonment or a detention to which they are sentenced is suspended under section 215 or 216 of the National Defence Act,

(ii) they are released from custody pending the determination of an appeal, or

(iii) they are released from custody after serving the custodial portion of a sentence.

Means of reporting

(3) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person. If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations.

Compliance before leaving Canada

(4) A sex offender shall not leave Canada before they report under this section.

2004, c. 10, s. 4; 2007, c. 5, s. 33; 2010, c. 17, s. 30.

Previous VersionSubsequent obligation to report

4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1,

(a) within seven days after they change their main residence or any secondary residence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

(b) within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; and

(c) at any time between 11 months and one year after they last reported to a registration centre under this Act.

Means of reporting

(2) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations.

2004, c. 10, s. 4.1; 2007, c. 5, s. 34; 2010, c. 17, s. 31.

Previous VersionMore than one order or obligation

4.2 A person shall report on the reporting dates established under only the most recent order or obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

2004, c. 10, s. 4.2; 2007, c. 5, s. 35; 2010, c. 17, s. 32.

Previous VersionTemporarily outside Canada

4.3 (1) A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than seven days after they return to Canada.

Canadian Forces

(2) Subsection (1) does not apply to a sex offender who is required to report to a registration centre designated under the National Defence Act while they are outside Canada.

2004, c. 10, s. 4.3; 2007, c. 5, s. 36; 2010, c. 17, s. 33.

Previous VersionObligation to provide information

5. (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre:

(a) their given name and surname, and every alias that they use;

(b) their date of birth and gender;

(c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place;

(d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;

(d.1) if applicable, their status as an officer or a non-commissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection;

(e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;

(f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession;

(g) their height and weight and a description of every physical distinguishing mark that they have; and

(h) the licence plate number, make, model, body type, year of manufacture and colour of the motor vehicles that are registered in their name or that they use regularly.

Additional information

(2) When a sex offender reports to a registration centre, the person who collects the information from them may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

Additional information

(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.

2004, c. 10, s. 5; 2007, c. 5, s. 37; 2010, c. 17, s. 34.

Previous VersionNotification of change of information — paragraph 5(1)(d)

5.1 A sex offender shall, within seven days after the date of the change, notify a person who collects information at the registration centre referred to in section 7.1 of any change in the information that they have provided under paragraph 5(1)(d).

2010, c. 17, s. 35.

Notification of absence

6. (1) Subject to subsection (1.1), a sex offender shall notify a person who collects information at the registration centre referred to in section 7.1

(a) before their departure — of the estimated dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;

(b) within seven days after the date of their departure — of the estimated date of their return and, if the sex offender is in Canada, of their address or location — if they decide, after departure, not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days or if they have not given a notification required under paragraph (a); and

(c) before departure or, if it is later, within seven days after the day on which the change is made — of a change in address, location or date.

Canadian Forces

(1.1) A sex offender who is required to notify a person who collects information at a registration centre designated under the National Defence Act and who requests the Chief of the Defence Staff to make a determination under section 227.16 of that Act shall provide the information relating to the operation within seven days after the date of their departure unless the determination is made during that period.

Means of notification

(2) If a sex offender is required to provide notification to a registration centre designated under this Act, they shall provide the notification by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to provide notification to a registration centre designated under the National Defence Act, they shall provide the notification by registered mail unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall provide the notification in accordance with those regulations.

2004, c. 10, s. 6; 2007, c. 5, s. 38; 2010, c. 17, s. 36.

Previous VersionYoung sex offender

7. A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected.

Registration centre

7.1 For the purposes of sections 4, 4.1, 4.3, 5.1 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located.

2007, c. 5, s. 39; 2010, c. 17, s. 37.

Previous Version

Responsibilities Of Persons Who Collect And Register Information

Registration of information

8. When a police service or the Commissioner of the Royal Canadian Mounted Police receives a copy of an order sent in accordance with paragraph 490.018(1)(d) of the Criminal Code, either a person who registers information for the police service or one who registers it for the Commissioner shall

(a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:

(i) their given name and surname,

(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,

(iii) every offence to which the order relates,

(iv) when and where the offence or offences were committed,

(v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

(vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,

(vi.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information,

(vii) the date and duration of the order, and

(viii) the court that made the order; and

(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

2004, c. 10, s. 8; 2007, c. 5, s. 40; 2010, c. 17, s. 38.

Previous VersionRegistration of information — obligations

8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database only the following information, as applicable, relating to the person named in the notice or Form 1, as the case may be:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(c) the date on which the notice was served;

(d) every offence listed in the notice or form;

(e) when and where the offence or offences were committed;

(f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

(g.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information;

(h) the expected duration of the obligation; and

(i) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act.

Registration of information — termination orders

(2) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(2) of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that a termination order was made.

Registration of information — exemption orders

(3) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the fact that a person has applied in that jurisdiction for an exemption order under section 490.023 or 490.02905 of the Criminal Code.

Registration of information — exemption orders

(4) When the Attorney General of a province, or the minister of justice of a territory, receives a notice referred to in section 490.025 or 490.02907 of the Criminal Code, a person who registers information for the Attorney General, or the minister of justice, shall register without delay in the database the fact that the court refused to make an exemption order under subsection 490.023(2) or 490.02905(2) of that Act or that the appeal court dismssed an appeal from such a decision or quashed an exemption order.

Registration of information

(5) A person who registers information for the Attorney General of a province, or the minister of justice of a territory, may register in the database the day on which the custodial portion of a sex offender’s sentence or detention in custody begins, the days on which they are or are expected to be outside penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act or outside the provincial correctional facility, the address or location at which they stay or are expected to stay during that period and the date of their release or discharge if

(a) the sex offender was prosecuted in that jurisdiction for the offence to which the sentence or detention relates; and

(b) the offence was not prosecuted under the National Defence Act.

Confidentiality and copy of information

(6) A person who registers information under this section shall

(a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

(b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

2007, c. 5, s. 41; 2010, c. 17, s. 39.

Previous VersionRegistration of information — Canadian Forces

8.2 (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(c) every offence to which the order relates;

(d) when and where the offence or offences were committed;

(e) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(f) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

(f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

(g) the date and duration of the order.

Registration of information — Canadian Forces

(2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(c) the date on which the notice was served;

(d) every offence listed in the notice;

(e) when and where the offence or offences were committed;

(f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

(g.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

(h) the expected duration of the person’s obligation under section 227.06 of the National Defence Act.

Registration of information — Canadian Forces

(3) When the Canadian Forces Provost Marshal receives a notice referred to in subsection 227.04(3), 227.13(3) or 240.5(3) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a termination order was made.

Registration of information — Canadian Forces

(4) A person who registers information for the Canadian Forces Provost Mashal may register in the database the fact that a person has applied for an exemption order under section 227.1 of the National Defence Act.

Registration of information — Canadian Forces

(5) When the Canadian Forces Provost Marshal receives a notice referred to in section 227.11 of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a court martial refused to make an exemption order under subsection 227.1(4) of that Act or that the Court Martial Appeal Court dismissed an appeal from such a decision or quashed an exemption order.

Registration of information — Canadian Forces

(6) If a sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates, a person who registers information for the Canadian Forces Provost Marshal may register in the database

(a) the day on which the custodial portion of the sex offender’s sentence or detention in custody begins;

(b) the days on which they are or are expected to be outside the service prison or detention barrack as defined in subsection 2(1) of that Act and the address or location at which they stay or are expected to stay during that period; and

(c) the date of their release or discharge.

Registration of information — Canadian Forces

(7) A person who registers information for the Canadian Forces Provost Marshal shall register without delay in the database

(a) the fact that a person is the subject of a determination under subsection 227.15(1) of the National Defence Act, the effect of the determination on the person, the date on which the suspension of the time limit, proceeding or obligation first applies and the date on which it ceases to apply;

(b) the fact that a person is the subject of a determination under subsection 227.16(1) of the National Defence Act and the date on which the determination was made; and

(c) the fact that a person has become, or has ceased to be, subject to a regulation made under paragraph 227.2(a) or (e) of the National Defence Act.

Confidentiality and copy of information

(8) A person who registers information under this section shall

(a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

(b) once the information is registered under any of subsections (2) to (7), on request, send the sex offender or the person served with a notice under section 227.08 of the National Defence Act a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

2007, c. 5, s. 41; 2010, c. 17, s. 40.

Previous VersionInformation to be given to sex offender

9. (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of

(a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and

(b) the purpose for which the information is being collected.

Fingerprints

(2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity.

Destruction of fingerprints

(3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay.

Privacy and confidentiality

(4) The person who collects information shall ensure that

(a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and

(b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality.

Registration of information

10. A person who registers information collected at a registration centre

(a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay in the database only the information collected under sections 5 and 6, the date on which the sex offender reported or provided notification to the registration centre and the province of registration;

(b) may register at any time in the database the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and

(c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.

2004, c. 10, s. 10; 2007, c. 5, s. 42.

Previous VersionCopy of information

11. A person who collects information at a registration centre shall, free of charge,

(a) either give a copy of the information collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report other than in person;

(b) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected;

(c) send the sex offender a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (a) is registered; and

(d) at the request of the sex offender, send them a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (b) is registered.

2004, c. 10, s. 11; 2007, c. 5, s. 43.

Previous VersionRequest for correction of information

12. (1) Subject to subsection (2), a sex offender or a person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act may, at any time, ask a person who collects information at the registration centre referred to in section 7.1 to correct any information relating to them that is registered in the database and that they believe contains an error or omission.

Request for correction of information

(2) The request shall be made to the Canadian Forces Provost Marshal if the information is registered in the database under section 8.2.

Correction or notation

(3) The person to whom the request is made shall, without delay, ensure that

(a) information in the database is corrected if they are satisfied that the information contains an error or omission; or

(b) a notation is attached to the information in the database that reflects any correction that is requested but not made.

2004, c. 10, s. 12; 2007, c. 5, s. 44.

Previous Version

Management Of Information

Authorization for research

13. (1) The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database, compare the information with other information or, by electronic means, combine the information with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code, for research or statistical purposes.

Conditions

(2) The Commissioner shall not provide the authorization unless the Commissioner

(a) is satisfied that those purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and

(b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other information will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.

2004, c. 10, s. 13; 2007, c. 5, s. 45.

Previous VersionAdministration of database

14. The database is to be administered by the Royal Canadian Mounted Police.

2004, c. 10, s. 14; 2010, c. 17, s. 41(E).

Previous VersionRetention of information

15. (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database indefinitely.

Permanent removal and destruction of information

(2) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an order shall be destroyed and permanently removed from the database if

(a) the person who is subject to the order is finally acquitted of every offence in connection with which the order was made or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence; or

(b) the sentence for every offence in connection with which the order was made ceases to have force and effect under subsection 249.11(2) of the National Defence Act.

Permanent removal and destruction of information

(3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if

(a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence;

(b) the sentence for every offence to which the obligation relates ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or

(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.

2004, c. 10, s. 15; 2007, c. 5, s. 46; 2010, c. 17, s. 42.

Previous Version

Authority To Release Information

Correctional Service of Canada

15.1 (1) The Correctional Service of Canada may disclose to a person who registers information

(a) the day on which a sex offender is received into a penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act;

(b) if a sex offender is expected to be temporarily outside penitentiary for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

(c) the date of a sex offender’s release or discharge.

Provincial correctional authority

(2) The person in charge of a provincial correctional facility may disclose to a person who registers information

(a) the day on which a sex offender is received into the facility;

(b) if a sex offender is expected to be temporarily outside the facility for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

(c) the date of a sex offender’s release or discharge.

Canadian Forces

(3) The person in charge of a service prison or detention barrack as defined in subsection 2(1) of the National Defence Act may disclose to a person who registers information

(a) the day on which a sex offender is received into the prison or barrack;

(b) if a sex offender is expected to be temporarily outside the prison or barrack for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and

(c) the date of a sex offender’s release or discharge.

2010, c. 17, s. 43.


Prohibitions

Unauthorized persons

16. (1) No person shall exercise any function or perform any duty under this Act that they are not authorized under this Act to exercise or perform.

Unauthorized consultation

(2) No person shall consult any information that is collected under this Act or registered in the database, unless they are

(a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code;

(b) a person who collects information at a registration centre designated under this Act in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act;

(b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act;

(c) a person who collects or registers information who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;

(d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes;

(e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act, under subsection 490.03(1) or (2) of the Criminal Code or under subsection 227.18(1) or 227.19(1) of the National Defence Act; or

(f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information for the purpose of administering the database and who does so for that purpose.

Unauthorized comparison of information

(3) No person shall compare any information that is collected under this Act or registered in the database with any other information unless

(a) the information was consulted in accordance with paragraph (2)(aem) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature;

(b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act; or

(c) they compare the information in accordance with an authorization under section 13.

Unauthorized combination or linking of information

(3.1) No person shall, by electronic means, combine any information that is collected under this Act or registered in the database with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code unless

(a) they combine the information that is registered in the database with, or link it to, information contained in the sex offender registry established under the Ontario Act, for the purpose of registering information under section 8, 8.1 or 10;

(a.1) the information was consulted in accordance with paragraph (2)(a) and they combine it with, or link it to, law enforcement information for the purpose of preventing or investigating a crime of a sexual nature;

(a.2) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they combine it with, or link it to, law enforcement information for the purpose of verifying the sex offender’s compliance with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031 or 490.0311 of the Criminal Code, an offence under either of those provisions that is punishable under section 130 of the National Defence Act or an offence under section 119.1 of that Act; or

(b) they combine or link information in accordance with an authorization under section 13.

Unauthorized disclosure

(4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed,

(a) unless the disclosure is to the sex offender, or the person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the href="/eng/National Defence Act, to whom the information relates;

(b) unless the disclosure is expressly authorized under this Act, the Criminal Code or the National Defence Act;

(c) unless the disclosure is to a member or an employee of, or a person retained by, a police service and is necessary

(i) to enable them to investigate an offence under section 17 or to lay a charge for such an offence,

(ii) to enable them to prevent or investigate a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or to enable them to lay a charge for such an offence, or

(iii) to enable them to investigate a criminal offence or a service offence within the meaning of subsection 2(1) of the National Defence Act or to lay a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii);

(d) unless the disclosure is to a prosecutor and is necessary to enable the prosecutor to determine whether a charge for an offence resulting from an investigation referred to in paragraph (c) should be laid;

(e) unless the disclosure is to a person who is responsible under the National Defence Act for laying, referring or preferring a charge for a service offence and to a person who provides legal advice with respect to the charge, and the disclosure is necessary to enable them to determine whether a charge for a service offence resulting from an investigation referred to in paragraph (c) should be laid, referred or preferred;

(f) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a search warrant in connection with an investigation referred to in paragraph (c), and the information is relevant to the application;

(g) unless the disclosure is to a person who is authorized under the National Defence Act to issue a search warrant in connection with the investigation of a service offence and to a person who provides legal advice with respect to the issuance of the search warrant, and the information is relevant to an application for a search warrant in connection with an investigation referred to in paragraph (c);

(h) unless the information disclosed is relevant to the proceeding, appeal or review and the disclosure is

(i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or superior court of criminal jurisdiction within the meaning of section 2 of the Criminal Code or a service tribunal within the meaning of subsection 2(1) of the National Defence Act,

(ii) to the Attorney General within the meaning of section 2 of the Criminal Code, or the Minister of National Defence or counsel instructed b the Minister, in connection with an appeal of a decision made in such a proceeding,

(iii) to the court or service tribunal presiding over the proceeding or appeal and, in the case of a summary trial under the National Defence Act, to a person who provides legal advice to the presiding officer, or

(iv) to a review authority under section 249 of the National Defence Act and to a person who provides legal advice to the review authority in connection with its review of a finding of guilty made or punishment imposed in the proceeding or appeal;

(i) unless the disclosure to the person is necessary to assist an investigation of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed;

(j) unless the disclosure is to an employee of, or a person retained by, a person referred to in any of paragraphs (d) to (i) who is authorized by that person to receive information disclosed under that paragraph on their behalf;

(j.1) unless the disclosure is to a member or an employee of, or a person retained by, a police service outside Canada and is necessary to assist them in the prevention or investigation of a crime of a sexual nature; or

(k) unless the disclosure is by a person who is authorized under section 13 to consult information that is registered in the database or to compare or combine that information with, or link it to, other information, the disclosure is for research or statistical purposes and it is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.

Unauthorized use

(5) No person shall use any information that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than that for which it is consulted, compared, combined, linked or disclosed, as the case may be, under this section.

2004, c. 10, s. 16; 2007, c. 5, s. 47; 2010, c. 17, s. 44.

Previous Version

Offences

Offence

17. Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable 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.

2004, c. 10, s. 17; 2007, c. 5, s. 48.

Previous Version

Authorizations, Designations And Regulations

Regulations

18. (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations

(a) respecting the means by which designated classes of persons may report under section 4.1 or 4.3, or provide notification under section 6, to registration centres designated under paragraph (d);

(b) authorizing persons or classes of persons in the province to collect information;

(c) authorizing persons or classes of persons in the province to register information; and

(d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre.

Regulations

(2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)(a) if the Governor in Council does not make a regulation with respect to that matter that applies in the province.

Regulations cease to apply

(3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province.

2004, c. 10, s. 18; 2007, c. 5, s. 49.

Previous VersionRegulations

19. (1) Subject to subsection (2), the Governor in Council may, by regulation, exercise any power of the lieutenant governor in council of a province under any of paragraphs 18(1)(a) to (d) if the lieutenant governor in council of the province does not make a regulation under that paragraph.

Regulations cease to apply

(2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)(a) to (d) ceases to apply in a province if the lieutenant governor in council of the province makes a regulation under that paragraph.

Regulations

(3) The Governor in Council may make regulations

(a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act;

(b) respecting the retention and maintenance, and the protection of information that is registered in the database;

(c) respecting the registration of photographs taken under subsection 5(3);

(d) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and

(e) generally for carrying out the purposes and provisions of this Act.


Related Amendments To The Criminal Code

20. (Amendment)

21. (Amendment)


Review And Report

Review by committee

21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose.

Report

(2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend.


Consequential Amendments

Access to Information Act

22. (Amendment)


Criminal Records Act

23. (Amendment)


Coordinating Provision

24. (Amendment)


Coming Into Force

Coming into force


Personal tools
Laws
Variants
Actions
Navigation
Toolbox