Skip to main content

Bill C-405

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

2nd Session, 35th Parliament,
45-46 Elizabeth II, 1996-97

The House of Commons of Canada

BILL C-405

An Act to amend the Privacy Act (previous conviction for child-related sexual offences)

R.S., c. P-21; R.S., cc. 22, 27, 44, 46 (1st Supp.), cc. 8, 19, 20 (2nd Supp.), cc. 1, 3, 18, 20, 24, 28 (3rd Supp.), cc. 1, 7, 10, 11, 21, 28, 31, 41, 47 (4th Supp.); 1989, cc. 3, 27; 1990, cc. 1, 3, 13; 1991, cc. 3, 6, 16, 38; 1992, cc. 1, 21, 33, 37, 44; 1993, cc. 3, 28, 31, 34; 1994, cc. 26, 31, 35, 38, 41, 43; 1995, cc. 1, 5, 11, 12, 18, 29, 45; 1996, cc. 8, 9, 10, 11, 16

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Privacy Act is amended by adding the following after section 8:

Disclosure of criminal history

8.1 (1) The head of the Royal Canadian Mounted Police may disclose whether an individual has been convicted of an offence under any of the following provisions of the Criminal Code if the head of that institution is satisfied that the requirements set out in this section have been met:

    (a) section 151 (sexual interference);

    (b) section 152 (invitation to sexual touching);

    (c) section 155 (incest); or

    (d) section 170 (parent or guardian procuring sexual activity), 271 (sexual assault) or 273 (aggravated sexual assault), in respect of a person who is under the age of eighteen years.

Request in writing

(2) A request for the information must be made in writing by the parent or guardian of a person under eighteen years of age.

Trust relationship to be established

(3) The individual about whom the information is requested must be in regular contact with and in a position of trust or authority towards the person under eighteen years of age.

Notification of Commissioner

(4) The head of the Royal Canadian Mounted Police shall notify the Privacy Commissioner in writing of any disclosure of personal information under this section.