R.S., c. C-46

RELATED AMENDMENTS TO THE CRIMINAL CODE

20. The Criminal Code is amended by adding the following after section 490.01:

Sex Offender Information

Interpretation

Definitions

490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032.

``crime of a sexual nature''
« crimes de nature sexuelle »

``crime of a sexual nature'' means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act.

``database''
« banque de données »

``database'' has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

``designated offence''
« infraction désignée »

``designated offence'' means

      (a) an offence under any of the following provisions:

        (i) subsection 7(4.1) (offence in relation to sexual offences against children),

        (ii) section 151 (sexual interference),

        (iii) section 152 (invitation to sexual touching),

        (iv) section 153 (sexual exploitation),

        (v) section 153.1 (sexual exploitation of person with disability),

        (vi) section 155 (incest),

        (vii) subsection 160(3) (bestiality in presence of or by a child),

        (viii) section 163.1 (child pornography),

        (ix) section 170 (parent or guardian procuring sexual activity),

        (x) section 172.1 (luring a child by means of a computer system),

        (xi) subsection 173(2) (exposure),

        (xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),

        (xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen),

        (xiv) subsection 212(2.1) (aggravated offence - living on the avails of prostitution of a person under age of eighteen),

        (xv) subsection 212(4) (obtaining prostitution of person under age of eighteen),

        (xvi) section 271 (sexual assault),

        (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm),

        (xviii) paragraph 273(2)(a) (aggravated sexual assault - use of a firearm),

        (xix) paragraph 273(2)(b) (aggravated sexual assault), and

        (xx) subsection 273.3(2) (removal of a child from Canada);

      (b) an offence under any of the following provisions:

        (i) subsection 173(1) (indecent acts),

        (ii) section 177 (trespassing at night),

        (iii) section 230 (murder in commission of offences),

        (iv) section 234 (manslaughter),

        (v) paragraph 246(b) (overcoming resistance to commission of offence),

        (vi) section 264 (criminal harassment),

        (vii) section 279 (kidnapping),

        (viii) section 280 (abduction of a person under age of sixteen),

        (ix) section 281 (abduction of a person under age of fourteen),

        (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence),

        (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence),

        (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and

        (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence);

      (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983:

        (i) section 144 (rape),

        (ii) section 145 (attempt to commit rape),

        (iii) section 149 (indecent assault on female),

        (iv) section 156 (indecent assault on male), and

        (v) subsection 246(1) (assault with intent);

      (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

        (i) subsection 146(1) (sexual intercourse with a female under age of fourteen),

        (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen),

        (iii) section 153 (sexual intercourse with step-daughter),

        (iv) section 157 (gross indecency),

        (v) section 166 (parent or guardian procuring defilement), and

        (vi) section 167 (householder permitting defilement);

      (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c) and (d); or

      (f) an attempt or conspiracy to commit an offence referred to in paragraph (b).

``Ontario Act''
« loi ontarienne »

``Ontario Act'' means Christopher's Law (Sex Offender Registry), 2000, S.O. 2000, c. 1.

``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 »

``registration centre'' has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

``Review Board''
« commission d'examen »

``Review Board'' means the Review Board established or designated for a province under subsection 672.38(1).

``verdict of not criminally responsible on account of mental disorder''
« verdict de non-responsa bilité »

``verdict of not criminally responsible on account of mental disorder'' has the same meaning as in section 672.1.

Interpretation

(2) For the purpose of this section and sections 490.012 to 490.032, a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person

    (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or

    (b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection.

Order to Comply with Registration Requirements

Order

490.012 (1) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) 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'' in subsection 490.011(1), or renders a verdict of not criminally responsible on account of mental disorder for such an offence.

Order

(2) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) 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'' in subsection 490.011(1), 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 that definition.

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 comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(5), as soon as possible after it imposes a sentence on the person for a designated offence or renders a verdict of not criminally responsible on account of mental disorder for such an offence, if the prosecutor establishes that

    (a) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition ``designated offence'' in subsection 490.011(1);

    (b) the person is not, and was not at any time, subject to an obligation under section 490.019; and

    (c) no order was made under subsection (1) in connection with the previous 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 under the Sex Offender Information Registration Act.

Reasons for decision

(5) The court shall give reasons for its decision.

Date order begins

490.013 (1) An order made under section 490.012 begins on the day on which it is made.

Duration of order

(2) An order made under subsection 490.012(1) or (2)

    (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years;

    (b) ends 20 years after it was made if the offence in connection with which it was made 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 in connection with which it was made is one for which the maximum term of imprisonment is life.

Duration of order

(3) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an obligation under section 490.019.

Duration of order

(4) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an order made previously under either of those subsections.

Duration of order

(5) An order made under subsection 490.012(3) applies to a person for life.

Appeal

490.014 The prosecutor, or a person who is subject to an order under section 490.012, may appeal from a decision of the court under that section on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that section.

Application for termination order

490.015 (1) A person who is subject to an order may apply for a termination order

    (a) not earlier than five years after the order was made, in the case of an order that is applicable for 10 years under paragraph 490.013(2)(a);

    (b) not earlier than 10 years after the order was made, in the case of an order that is applicable for 20 years under paragraph 490.013(2)(b);

    (c) not earlier than 20 years after the order was made, in the case of an order that is applicable for life under paragraph 490.013(2)(c) or subsection 490.013(3) or (5); or

    (d) on or after the day on which they receive a pardon.

Application for termination of multiple orders

(2) If more than one order is made in respect of a person, the person may apply for a termination order not earlier than 20 years after the most recent order was made under section 490.012, or on or after the day on which they receive a pardon. The application must be in relation to every order that is in effect.

Person subject to obligation

(3) If an applicant is also subject to an obligation under section 490.019, the application must be in relation to that obligation as well as to every order that is in effect.

Re-applicatio n

(4) A person whose application is refused may re-apply not earlier than five years after they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made.

Court to which application is made

(5) A person must apply to a superior court of criminal jurisdiction under this section if such a court made an order to which the application relates. In any other case, they must apply to a court of criminal jurisdiction.

Termination order

490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders, and any obligation, to which the application relates, 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 under the Sex Offender Information Registration Act.

Reasons for decision

(2) The court shall give reasons for its decision.