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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-23 |
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An Act respecting the registration of
information relating to sex offenders, to
amend the Criminal Code and to make
consequential amendments to other Acts
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Sex Offender
Information Registration Act.
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PURPOSE AND PRINCIPLES |
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Purpose
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2. (1) The purpose of this Act is to help
police services investigate crimes of a sexual
nature by requiring the registration of certain
information relating to sex offenders.
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Principles
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(2) This Act shall be carried out in
recognition of, and in accordance with, the
following principles:
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INTERPRETATION |
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Definitions
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3. (1) The following definitions apply in
this Act.
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``Commission
er'' « commissaire »
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``Commissioner'' means the Commissioner of
the Royal Canadian Mounted Police.
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``database'' « banque de données »
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``database'' means the database that contains
the information relating to sex offenders
that is registered under this Act.
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``home
address'' « résidence principale »
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``home address'' means the address of the
main residence in Canada of a sex offender
or, if they have no residence, the address of
premises or any other location where they
may regularly be found.
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``institution'' « institution »
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``institution'' includes a hospital within the
meaning of section 672.1 of the Criminal
Code.
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``member of a
police
service'' « membre d'un service de police »
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``member of a police service'' includes
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``order'' « ordonnance »
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``order'' means an order under section 490.03
of the Criminal Code.
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``person who
collects
information'' « préposé à la collecte des renseignement s »
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``person who collects information'' means a
person who is authorized by the lieutenant
governor in council of a province under
paragraph 18(a) to collect information or a
person authorized by regulation under
subsection 19(1).
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``person who
registers
information'' « préposé à l'enregistre- ment des renseigne- ments »
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``person who registers information'' means a
person who is authorized by the lieutenant
governor in council of a province under
paragraph 18(b) to register information or a
person authorized by regulation under
subsection 19(1).
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``registration
centre'' « bureau d'inscription »
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``registration centre'' means a place that is
designated as a registration centre by the
lieutenant governor in council of a province
under paragraph 18(c) or designated by
regulation under subsection 19(1).
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``retained'' « agent contractuel »
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``retained'' means retained under a contract
for services, whether the contract is entered
into with the individual, or with their
employer or another person to whom the
individual provides services.
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``secondary
address'' « résidence secondaire »
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``secondary address'' means an address in
Canada, other than a home address, at
which a sex offender regularly resides.
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``sex
offender'' « délinquant sexuel »
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``sex offender'' means a person who is subject
to one or more orders.
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Interpretation
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(2) For the purposes of this Act, a crime is
of a sexual nature if it consists of one or more
acts that
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OBLIGATIONS OF SEX OFFENDERS |
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First
obligation to
report
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4. (1) A sex offender shall report for the first
time under an order, in person, to the
registration centre nearest to their home
address, within 15 days after
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Subsequent
obligation to
report
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(2) A sex offender shall subsequently report
under an order to the registration centre
nearest to their home address, in person or by
any means authorized by the lieutenant
governor in council of the province,
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Reporting
dates if more
than one order
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(3) A sex offender who is subject to more
than one order is required to report under the
most recent order only. Any reporting dates
established by reference to the most recent
order substitute for those established by
reference to a previous order.
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Compliance if
temporarily
outside
Canada
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(4) A sex offender who is outside Canada
when they are required to report under
subsection (2) shall report not later than 15
days after their return to Canada.
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Obligation to
provide
information
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5. (1) When a sex offender reports to the
registration centre, they shall provide the
following information to a person who
collects information at the registration centre:
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Additional
information
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(2) When a sex offender provides the
information referred to in subsection (1), the
person who collects the information may ask
the sex offender when and where they were
convicted of, or found not criminally
responsible on account of a mental disorder
for, an offence in connection with which an
order was made.
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Notice about
absence
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6. (1) A sex offender shall notify a person
who collects information at the registration
centre nearest to their home address
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Means of
notification
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(2) Notification shall be by registered mail
or any means authorized by the lieutenant
governor in council of the province, but a sex
offender may not be required to provide
notification in person.
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Young sex
offender
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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 provide
information.
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RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION |
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Registration
of information
in order
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8. When a police service receives a copy of
an order sent in accordance with subparagraph
490.08(1)(d)(iii) of the Criminal Code, a
person who registers information at the police
service shall
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Information to
be given to
sex offender
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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
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Privacy and
confidentiality
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(2) The person who collects the information
shall ensure that
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Registration
of information
provided by
sex offender
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10. A person who registers information at
the registration centre shall
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Copy of
information
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11. A person who collects information at the
registration centre shall, free of charge,
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Request for
correction of
information
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12. (1) A sex offender may, at any time, ask
a person who collects information at the
registration centre nearest to their home
address to correct any information relating to
them that is registered in the database that the
sex offender believes contains an error or
omission.
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Correction or
notation
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(2) The person shall, without delay, ensure
that
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