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(b) ensure that the registration of the
information is done in a manner and in
circumstances that ensure its
confidentiality; and
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(c) send the person 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.
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| Information 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
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(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
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(b) the purpose for which the information is
being collected.
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| Fingerprints
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(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.
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| Destruction of
fingerprints
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(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.
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| Privacy and
confidentiality
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(4 ) The person who collects information
shall ensure that
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(a) the sex offender's privacy is respected in
a manner that is reasonable in the
circumstances; and
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(b) the information is provided and
collected in a manner and in circumstances
that ensure its confidentiality.
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| Registration
of information
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10. A person who registers information
collected at a registration centre
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(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;
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(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
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(c) shall ensure that the registration of the
information is done in a manner and in
circumstances that ensure its
confidentiality.
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| Copy of
information
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11. A person who collects information at a
registration centre shall, free of charge,
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(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 in accordance with
regulations made under paragraph 18(1)(a)
or subsection 19(1) ;
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(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 ;
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(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
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(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.
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| Request for
correction of
information
|
12. (1) A sex offender or a person served
with a notice under section 490.021 of the
Criminal Code may, at any time, ask a person
who collects information at the registration
centre that serves the area in which their main
residence is located to correct any
information relating to them that is registered
in the database that they believe contains an
error or omission.
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| Correction or
notation
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(2) The person who collects information
shall, without delay, ensure that
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(a) information in the database is corrected
if they are satisfied that the information
contains an error or omission; or
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(b) a notation is attached to the information
in the database that reflects any correction
that is requested but not made.
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| Authorization
for research
|
13. The Commissioner of the Royal
Canadian Mounted Police may authorize a
person to consult information that is registered
in the database for research or statistical
purposes if the Commissioner
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(a) is satisfied that those purposes cannot
reasonably be accomplished without
consulting that information ; and
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(b) obtains from the person a written
undertaking that no subsequent disclosure
of that 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.
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| Maintenance
of database
|
14. The database is to be maintained by the
Royal Canadian Mounted Police.
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| Retention 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.
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| Permanent
removal and
destruction of
information
|
(2) Despite any other Act of Parliament , if
a person who is subject to an 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 section 748 of the
Criminal Code for every such offence, all
information that is collected under this Act or
registered in the database in connection with
that order shall be destroyed, or permanently
removed from the database, in accordance
with regulations made under paragraph
19(3)(d).
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| 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 of the
Criminal Code shall be destroyed, or
permanently removed from the database, in
accordance with regulations made under
paragraph 19(3)(d) and with any court order
made under subsection 490.023(4) or
490.024(2) of that Act, if the person who is
subject to the obligation
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(a) is finally acquitted of every offence to
which the obligation relates or receives a
free pardon granted under Her Majesty's
royal prerogative of mercy or section 748 of
that Act for every such offence; or
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(b) is granted an exemption order under
subsection 490.023(2) of that Act or on an
appeal from a decision made under that
subsection.
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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 under this Act to
exercise or perform.
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| Unauthorized
consultation
|
(2) No person shall consult any information
that is collected under this Act or registered in
the database, unless they are
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(a) a member or employee of, or a person
retained by, a police service who consults
the information for the purpose of
investigating a specific crime that there are
reasonable grounds to suspect is of a sexual
nature;
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(b) a person who collects information at the
registration centre at which a sex offender
last reported who consults the information
in order to ensure compliance by the sex
offender with an order or orders or with
section 490.019 of the Criminal Code;
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(c) a person who collects or registers
information and who consults the
information in order to exercise the
functions or perform the duties assigned to
them under this Act;
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(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;
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(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 ; or
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(f) a member or employee of, or a person
retained by, the Royal Canadian Mounted
Police who is authorized to consult the
information in order to maintain the
database and who does so for that purpose .
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| Limited data
matching
|
(3) No person shall match any information
that is collected under this Act or registered in
the database with any other data unless
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(a) the person is a member or employee of,
or a person retained by, a police service who
matches the data for the purpose of
investigating a specific crime that there are
reasonable grounds to suspect is of a sexual
nature, and the resulting matched data is
used for the purpose of that investigation
only; or
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(b) the person is authorized under section 13
to consult information that is registered in
the database , and the resulting matched
data is made anonymous.
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| 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,
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(a) except to the sex offender, or the person
who was served with a notice under section
490.019 of the Criminal Code , to whom the
information relates;
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(b) except to a person referred to in any of
paragraphs (2)(a) to (f) , if the disclosure to
them is necessary to enable them to fulfil
the purposes, perform the duties or exercise
the functions referred to in that paragraph;
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(c) except to a member or employee of, or
a person retained by, a police service, if the
disclosure to them is necessary to ensure
compliance by a sex offender with an order
or orders or with section 490.019 of the
Criminal Code;
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(d) except to a person or court referred to in
any of paragraphs 490.03(1)(a) to (c) and
(2)(a) to (c) of the Criminal Code, in
accordance with that paragraph;
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(e) except to a person to whom the
disclosure is necessary for a prosecution for
an offence under section 17 or under section
490.031 of the Criminal Code or an appeal
from a decision made in such a proceeding,
and to a court in connection with the
prosecution or appeal, if the information is
relevant to that proceeding;
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(f) except to a person to whom the
disclosure 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; or
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(g) unless the person is authorized under
section 13 to consult information that is
registered in the database, the information
is disclosed for research or statistical
purposes, and the disclosure is not made, or
allowed to be made, in a form that could
reasonably be expected to identify any
individual to whom it relates.
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| 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 those referred to in paragraphs
(2)(a) to (f) and (4)(c) to (g) .
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| Offence
|
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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(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; and
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(b) in the case of a second or subsequent
offence,
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(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
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(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.
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| Offence
|
(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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| Regulations
|
18. (1) The lieutenant governor in council
of a province may, for the purposes of this Act,
make regulations
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(a) respecting the means by which classes
of persons designated by the lieutenant
governor in council of the province are
required to report under section 4.1 or 4.3 or
provide notification under section 6;
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(b) authorizing persons or classes of
persons in the province to collect
information;
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(c) authorizing persons or classes of
persons in the province to register
information; and
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(d) designating places or classes of places
in the province as registration centres, and
the area of the province served by each
registration centre.
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| 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.
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| 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.
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| Regulations
|
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 .
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| 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 .
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| Regulations
|
(3) The Governor in Council may make
regulations
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|
(a) respecting the recording, the retention
and maintenance, and the protection of
information collected under this Act;
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(b) respecting the retention and
maintenance, and the protection of
information that is registered in the
database;
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(c) respecting the registration of
photographs taken under subsection 5(3);
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(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
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(e) generally for carrying out the purposes
and provisions of this Act.
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