BILL C-23 (First Reading)

``ordinary court'' « juridiction normalement compétente »l	e ``ordinary court'' has the same meaning as in subsection 2(1) of the Young Offenders Act.
``pardon'' « réhabilitatio n »	``pardon'' means a pardon granted by any authority under law, other than a free pardon granted under Her Majesty's royal prerogative of mercy or under section 748, that has not ceased to have effect or been revoked.
``registration centre'' « bureau d'inscription »l	e ```registration centre'' has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.
``Review Board'' « commission d'examen »l	e ```Review Board'' has the same meaning as in section 672.1.
``verdict of not criminally responsible on account of a mental disorder'' « verdict de non-responsa bilité criminelle pour cause de troubles mentaux »l	e ```verdict of not criminally responsible on account of a mental disorder'' has the same meaning as in section 672.1.
``young person'' « adolescent » l	e ```young person'' has the same meaning as in subsection 2(1) of the Young Offenders Act.
Interpretation	(2) For the purpose of sections 490.03 to 490.09, ``person'' includes a young person if the young person is convicted of, or found not criminally responsible on account of a mental disorder for, the offence in question in ordinary court.
Order	490.03 (1) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to report to a registration centre and provide information in accordance with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.04(1) or (2) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence'', or renders a verdict of not criminally responsible for such an offence on account of a mental disorder.
Order	(2) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to report to a registration centre and provide information in accordance with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.04(1) or (2) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (b) or (f) of the definition ``designated offence'', if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence''.
Order	(3) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person in respect of whom an order may be made under subsection (1) or (2) to report to a registration centre and provide information in accordance with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.04(3), as soon as possible after it imposes a sentence on the person for a designated offence or renders a verdict of not criminally responsible for such an offence on account of a mental disorder, if the prosecutor establishes beyond a reasonable doubt that
	(a) the person was previously convicted of, or found not criminally responsible on account of a mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence''; and
	(b) no order was made under subsection (1) in connection with that offence.
Exception	(4) The court is not required to make an order under this section if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders.
Written reasons	(5) The court shall give reasons in writing for making or refusing to make an order under this section.
Duration of order	490.04 (1) An order made under subsection 490.03(1) or (2) begins on the day on which the order is made and
	(a) ends not later than 10 years after that day if the offence for which the person is convicted or found not criminally responsible on account of a mental disorder is prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;
	(b) ends not later than 20 years after that day if the offence for which the person is convicted or found not criminally responsible on account of a mental disorder is one for which the maximum term of imprisonment is 10 or 14 years; and
	(c) applies to the person for life if the offence for which the person is convicted or found not criminally responsible on account of a mental disorder is one for which the maximum term of imprisonment is life.
Duration of order	(2) A second or subsequent order made under subsection 490.03(1) or (2) begins on the day on which it is made and applies to the person who is subject to it for life.
Duration of order	(3) An order made under subsection 490.03(3) begins on the day on which it is made and applies to the person who is subject to it for life.
Appeal	490.05 The prosecutor or a person who is subject to an order under section 490.03 may appeal from a decision of the court under that section on any ground of appeal that raises a question of law or fact alone or of mixed law and fact, and the appeal court may
	(a) dismiss the appeal;
	(b) allow the appeal and order a new hearing; or
	(c) allow the appeal and either quash the order or make an order that may be made under section 490.03.
Application for termination of order	490.06 (1) A person who is subject to an order may apply to a court to terminate the order not earlier than
	(a) five years after it was made, in the case of an order referred to in paragraph 490.04(1)(a);
	(b) 10 years after it was made, in the case of an order referred to in paragraph 490.04(1)(b); or
	(c) 20 years after it was made, in the case of an order referred to in paragraph 490.04(1)(c) or subsection 490.04(3).
Application for termination of multiple orders	(2) If more than one order is made in respect of a person, the person may apply to a court to terminate the orders not earlier than 20 years after the earliest order that is still in effect was made, and the application must be in relation to all of the orders that are still in effect.
Application on pardon	(3) A person who is subject to one or more orders may apply to a court to terminate the order or orders on or after the day on which they receive a pardon. If more than one order was made in respect of the person, the application must be in relation to all of the orders that are still in effect.
Termination order	(4) The court shall make an order terminating an order - or, if the person is subject to more than one order, the orders - made under section 490.03 if it is satisfied that the person has established that the impact on them of continuing the order or orders, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders.
Re-applicatio n	(5) A person whose application under any of subsections (1) to (3) is refused may re-apply to a court to terminate the order or orders that are still in effect not earlier than five years after they made the previous application. However, they may not re-apply if a new order under section 490.03 is made with respect to them after the previous application was made.
Court to which application is made	(6) A person shall apply to a superior court of criminal jurisdiction under this section if such a court made an order under section 490.03 to which the application relates. In any other case, they shall apply to a court of criminal jurisdiction.
Appeal	490.07 The prosecutor or a person who is subject to an order under section 490.03 may appeal from a decision of the court made under subsection 490.06(4) on any ground of appeal that raises a question of law or fact alone or of mixed law and fact, and the appeal court may
	(a) dismiss the appeal;
	(b) allow the appeal and order a new hearing; or
	(c) allow the appeal and either quash the termination order or make an order that may be made under subsection 490.06(4).
Requirements relating to notice	490.08 (1) When a court makes an order under section 490.03, it shall cause
	(a) the order to be read by or to the person who is subject to it;
	(b) a copy of the order to be given to that person;
	(c) that person to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.09; and
	(d) a copy of the order to be sent to
	(i) the Review Board that is responsible for making a disposition with respect to the person, if applicable,
	(ii) the institution in which the person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable, and
	(iii) the police service whose member charged the sex offender with the offence in connection with which the order is made.
Endorsement	(2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order.
Notice on disposition by Review Board	(3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs
	(a) under paragraph 672.54(a), that the person be discharged absolutely; or
	(b) under paragraph 672.54(b), that the person be discharged subject to conditions, if the conditions do not restrict the liberty of the person in a manner and to an extent that prevent them from reporting to a registration centre under section 4, or providing notification under section 6, of the Sex Offender Information Registration Act.
Notice before release	(4) An institution in which the person is in custody or detention before their release shall give the person a copy of the order not earlier than 10 days before their release.
Offence - contravention of order	490.09 (1) Every person who knowingly contravenes an order made under section 490.03 is guilty of an offence and liable
	(a) in the case of a first offence, 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; or
	(b) in the case of a second or subsequent offence,
	(i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or
	(ii) 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.
Inability to comply with order	(2) A person who is subject to an order under section 490.03 is not required to comply with the order if their liberty is restricted, under lawful authority, in a manner and to an extent that prevents them from reporting to a registration centre under section 4, or providing notification under section 6, of the Sex Offender Information Registration Act.
	21. Part XXVIII of the Act is amended by adding the following after Form 51:
	FORM 52
	(Section 490.03)
	ORDER TO REPORT AND PROVIDE INFORMATION
	Canada, Province of .................... (territorial division).
	To A.B., of ................, (occupation):
	You have been convicted of ............. (insert description of offence), a designated offence within the meaning of subsection 490.02(1) of the Criminal Code, under .......... (insert the designated offence provision of the Criminal Code that is applicable), or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the offence.
	1. You must report for the first time, in person, to the registration centre nearest to your home address, when required under subsection 4(1) of the Sex Offender Information Registration Act.
	2. You must subsequently report to the registration centre nearest to your home address whenever required under subsection 4(2) or (4) of the Sex Offender Information Registration Act, for a period of ...... years after this order is made (or if paragraph 490.04(1)(c) or subsection 490.04(2) or (3) of the Criminal Code are applicable, for life).
	3. You must provide the information referred to in subsections 5(1) and 6(1) of the Sex Offender Information Registration Act to a person who collects information at the registration centre.
	4. The information that you provide will be registered in a database, and the database may be consulted in the circumstances set out in the Sex Offender Information Registration Act.
	5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre nearest to your home address to correct the information.
	6. You have the right to appeal this order.
	7. You have a right to apply to a court to terminate this order, and to appeal any decision of that court.
	8. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.
	9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.
	Dated this ................ day of ................, at ................. .
	......................................... (Signature of judge and name of court)
	.................................. (Signature of offender)

FORM 52

ORDER TO REPORT AND PROVIDE INFORMATION