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2nd Session, 37th Parliament, 51-52 Elizabeth II, 2002-2003
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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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``database'' « banque de données »
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``database'' means the database that contains
the information that is registered under this
Act.
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``information'
' « renseigne- ments »
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``information'' includes characteristics
recorded and photographs taken under
subsection 5(3) and fingerprints taken
under subsection 9(2).
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``main
residence'' « résidence principale »
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``main residence'' means the place in Canada
where a person lives most often or, if there
is no such place, the place in Canada where
they may be found most often.
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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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``Ontario
Act'' « loi ontarienne »
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``Ontario Act'' has the same meaning as in
subsection 490.011(1) of the Criminal
Code.
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``order'' « ordonnance »
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``order'' means an order under section
490.012 of the Criminal Code.
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``person who
collects
information'' « préposé à la collecte »
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``person who collects information'' means a
person who is authorized under paragraph
18(1)(b) or subsection 19(1) to collect
information.
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``person who
registers
information'' « préposé à l'enregistreme nt »
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``person who registers information'' means a
person who is authorized under paragraph
18(1)(c) or subsection 19(1) to register
information.
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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 under
paragraph 18(1)(d) or 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 an individual, or with their
employer or another person to whom the
individual provides services.
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``secondary
residence'' « résidence secondaire »
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``secondary residence'' means a place in
Canada, other than a main residence, where
a person regularly lives.
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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 or to an obligation
under section 490.019 of the Criminal
Code.
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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 this Act, in person to the
registration centre that serves the area in
which their main residence is located.
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Reporting
date
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(2) A person who is subject to an order shall
report within 15 days after
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Reporting
date
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(3) A person who is subject to an obligation
under section 490.019 of the Criminal Code
shall report,
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Compliance
before leaving
Canada
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(4) A sex offender shall not leave Canada
before they report under this section.
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Subsequent
obligation to
report
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4.1 A sex offender shall subsequently report
to the registration centre that serves the area in
which their main residence is located in
person or in accordance with regulations made
under paragraph 18(1)(a) or subsection 19(1),
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Obligation
and order
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4.2 (1) If a person who is subject to an
obligation under section 490.019 of the
Criminal Code becomes subject to an order,
they shall report on the reporting dates
established under the order only.
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More than one
order
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(2) A person who is subject to more than one
order shall report on the reporting dates
established under the most recent order only.
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Compliance if
temporarily
outside
Canada
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4.3 A sex offender who is outside Canada
when they are required to report under section
4.1 shall report not later than 15 days after they
return to Canada.
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Obligation to
provide
information
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5. (1) When a sex offender reports to a
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
them when and where they were convicted of,
or found not criminally responsible on
account of mental disorder for, an offence in
connection with which an order was made or,
if they are subject to an obligation under
section 490.019 of the Criminal Code, a
designated offence within the meaning of
subsection 490.011(1) of that Act.
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Additional
information
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(3) When a sex offender reports to a
registration centre in person, the person who
collects the information referred to in
subsection (1) may record any observable
characteristic that may assist in identification
of the sex offender, including their eye colour
and hair colour, and may require that their
photograph be taken.
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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 that serves the area in which their main
residence is located
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Means of
notification
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(2) Notification shall be by registered mail
or in accordance with regulations made under
paragraph 18(1)(a) or subsection 19(1), 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 when
information is collected.
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RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION |
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Registration
of information
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8. (1) When a police service receives a copy
of an order sent in accordance with
subparagraph 490.018(1)(d)(iii) of the
Criminal Code, a person who registers
information for the police service shall
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Registration
of information
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(2) When the Attorney General of a
province or minister of justice of a territory
receives a copy of an affidavit of service and
notice sent in accordance with subsection
490.021(6) of the Criminal Code, the
Attorney General or minister of justice shall
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