|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
Fingerprints
|
(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.
|
|
Destruction of
fingerprints
|
(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.
|
|
Privacy and
confidentiality
|
(4) The person who collects information
shall ensure that
|
|
|
|
|
|
|
|
Registration
of information
|
10. A person who registers information
collected at a registration centre
|
|
|
|
|
|
|
|
|
|
|
Copy of
information
|
11. A person who collects information at a
registration centre shall, free of charge,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
Correction or
notation
|
(2) The person who collects information
shall, without delay, ensure that
|
|
|
|
|
|
|
|
|
MANAGEMENT OF INFORMATION |
|
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
|
|
|
|
|
|
|
|
Maintenance
of database
|
14. The database is to be maintained by the
Royal Canadian Mounted Police.
|
|
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.
|
|
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).
|
|
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
|
|
|
|
|
|
|
|
|
PROHIBITIONS |
|
Unauthorized
persons
|
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.
|
|
Unauthorized
consultation
|
(2) No person shall consult any information
that is collected under this Act or registered in
the database, unless they are
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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).
|
|
|
OFFENCES |
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
|
AUTHORIZATIONS, DESIGNATIONS AND REGULATIONS |
|
Regulations
|
18. (1) The lieutenant governor in council
of a province may, for the purposes of this Act,
make regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
Regulations
|
(3) The Governor in Council may make
regulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|