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RESEARCH |
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Access to
database for
research
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13. The Commissioner may authorize a
person to consult the database for research or
statistical purposes if the Commissioner
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RETENTION OF INFORMATION IN DATABASE |
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Maintenance
of database
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14. The database is part of the automated
criminal conviction records retrieval system
that is maintained by the Royal Canadian
Mounted Police.
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Retention of
information
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15. (1) Subject to subsection (2) and any
regulations made under paragraph 19(3)(a),
information that is registered in the database
in accordance with this Act shall be kept in the
database indefinitely.
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Permanent
removal of
information
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(2) The Commissioner shall, without delay,
permanently remove from the database all of
the information that relates to, or was
provided in accordance with, an order if the
sex offender is finally acquitted of the offence
in connection with which the order was made,
or receives a free pardon granted under Her
Majesty's royal prerogative of mercy or the
Criminal Code for the offence.
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Commissioner
's duties
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(3) The Commissioner's duties under this
section may be performed by any person
authorized by the Commissioner to perform
them.
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PROHIBITIONS |
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Unauthorized
persons
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16. (1) No person shall exercise any
function or perform any duty under this Act
that they are not authorized to exercise or
perform.
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Unauthorized
consultation
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(2) No person shall consult the database
unless they are
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Limited data
matching
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(3) No person shall match any information
contained in the database with any other data
unless
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Unauthorized
disclosure
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(4) Subject to paragraphs 13(b) and (3)(b)
and to paragraph 8(2)(j) of the Privacy Act, no
person shall disclose any information
contained in the database or the fact that
information relating to a person is contained in
the database, or allow it to be disclosed, except
to
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Unauthorized
use
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(5) No person shall use any information
contained in the database, or allow it to be
used, for a purpose other than those referred to
in paragraphs (2)(a) to (e) and (4)(c) to (e).
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OFFENCES |
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Offence
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17. (1) Every person who knowingly
provides false or misleading information
under subsection 5(1) or 6(1) is guilty of an
offence and liable
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Offence
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(2) 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.
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AUTHORIZATIONS, DESIGNATIONS AND REGULATIONS |
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Authorization
s and
designations
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18. The lieutenant governor in council of a
province may, by order,
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Regulations
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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 section 18 if the
lieutenant governor in council of the province
does not exercise that power.
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Regulations
cease to apply
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(2) A regulation made by the Governor in
Council under subsection (1) in the exercise of
a power under section 18 ceases to apply in a
province when the lieutenant governor of the
province exercises that power.
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Regulations
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(3) The Governor in Council may make
regulations
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R.S., c. C-46
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RELATED AMENDMENTS TO THE CRIMINAL CODE |
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20. The Criminal Code is amended by
adding the following after section 490.01:
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Orders to Provide Information |
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Definitions
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490.02 (1) The following definitions apply
in this section and in sections 490.03 to
490.09.
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``designated
offence'' « infraction désignée »
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``designated offence'' means
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``institution'' « institution »l
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e ```institution'' includes a hospital within the
meaning of section 672.1.
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