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Bill C-23

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	2nd Session, 37th Parliament, 51 Elizabeth II, 2002
	House of Commons of Canada
	BILL C-23
	An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Sex Offender Information Registration Act.
	PURPOSE AND PRINCIPLES
Purpose	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.
Principles	(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:
	(a) in the interest of protecting society through the effective investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders;
	(b) the provision and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and
	(c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that
	(i) the information be collected only to enable police services to investigate crimes that they have reasonable grounds to believe are of a sexual nature, and
	(ii) access to the information, and use and disclosure of it, be restricted.
	INTERPRETATION
Definitions	3. (1) The following definitions apply in this Act.
``Commission er'' « commissaire »	``Commissioner'' means the Commissioner of the Royal Canadian Mounted Police.
``database'' « banque de données »	``database'' means the database that contains the information relating to sex offenders that is registered under this Act.
``home address'' « résidence principale »	``home address'' means the address of the main residence in Canada of a sex offender or, if they have no residence, the address of premises or any other location where they may regularly be found.
``institution'' « institution »	``institution'' includes a hospital within the meaning of section 672.1 of the Criminal Code.
``member of a police service'' « membre d'un service de police »	``member of a police service'' includes
	(a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and
	(b) in an area in which an aboriginal police service is responsible for policing, a member of that police service.
``order'' « ordonnance »	``order'' means an order under section 490.03 of the Criminal Code.
``person who collects information'' « préposé à la collecte des renseignement s »	``person who collects information'' means a person who is authorized by the lieutenant governor in council of a province under paragraph 18(a) to collect information or a person authorized by regulation under subsection 19(1).
``person who registers information'' « préposé à l'enregistre- ment des renseigne- ments »	``person who registers information'' means a person who is authorized by the lieutenant governor in council of a province under paragraph 18(b) to register information or a person authorized by regulation under subsection 19(1).
``registration centre'' « bureau d'inscription »	``registration centre'' means a place that is designated as a registration centre by the lieutenant governor in council of a province under paragraph 18(c) or designated by regulation under subsection 19(1).
``retained'' « agent contractuel »	``retained'' means retained under a contract for services, whether the contract is entered into with the individual, or with their employer or another person to whom the individual provides services.
``secondary address'' « résidence secondaire »	``secondary address'' means an address in Canada, other than a home address, at which a sex offender regularly resides.
``sex offender'' « délinquant sexuel »	``sex offender'' means a person who is subject to one or more orders.
Interpretation	(2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that
	(a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and
	(b) constitute an offence.
	OBLIGATIONS OF SEX OFFENDERS
First obligation to report	4. (1) A sex offender shall report for the first time under an order, in person, to the registration centre nearest to their home address, within 15 days after
	(a) the order is made if they are convicted of the offence in connection with which the order is made but are not given a custodial sentence;
	(b) they receive an absolute or conditional discharge for the offence in connection with which the order is made if they are found not criminally responsible for the offence on account of a mental disorder;
	(c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made;
	(d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made; or
	(e) they are released from custodial detention in an institution in accordance with a disposition under Part XX.1 of the Criminal Code in respect of the offence in connection with which the order is made.
Subsequent obligation to report	(2) A sex offender shall subsequently report under an order to the registration centre nearest to their home address, in person or by any means authorized by the lieutenant governor in council of the province,
	(a) within 15 days after they change their home address or any secondary address;
	(b) within 15 days after they change their given name or surname; and
	(c) at any time between 11 months and one year after they last reported to a registration centre.
Reporting dates if more than one order	(3) A sex offender who is subject to more than one order is required to report under the most recent order only. Any reporting dates established by reference to the most recent order substitute for those established by reference to a previous order.
Compliance if temporarily outside Canada	(4) A sex offender who is outside Canada when they are required to report under subsection (2) shall report not later than 15 days after their return to Canada.
Obligation to provide information	5. (1) When a sex offender reports to the registration centre, they shall provide the following information to a person who collects information at the registration centre:
	(a) the sex offender's given name and surname, and any alias that they use;
	(b) their date of birth and gender;
	(c) their home address and any secondary address;
	(d) the address of any place at which they are employed or retained, or are engaged on a volunteer basis;
	(e) a telephone number at which they may be reached, if any, for each address referred to in paragraphs (c) and (d), and the number of any mobile telephone or pager in their possession; and
	(f) a description of any physical distinguishing marks that they have.
Additional information	(2) When a sex offender provides the information referred to in subsection (1), the person who collects the information may ask the sex offender when and where they were convicted of, or found not criminally responsible on account of a mental disorder for, an offence in connection with which an order was made.
Notice about absence	6. (1) A sex offender shall notify a person who collects information at the registration centre nearest to their home address
	(a) of any address or location at which the sex offender stays or intends to stay, and of their actual or estimated dates of departure from, and return to, a home address or secondary address, not later than 15 days after departure if they are in Canada but are absent from both a home address and secondary address for a period of at least 15 consecutive days;
	(b) of their actual or estimated date of departure from a home address or secondary address, not later than 15 days after departure if they are outside Canada for a period of at least 15 consecutive days; and
	(c) of their actual return to a home address or secondary address after a departure referred to in paragraph (a) or (b), not later than 15 days after they return, unless they are required to report under subsection 4(2) or (4) within that period.
Means of notification	(2) Notification shall be by registered mail or any means authorized by the lieutenant governor in council of the province, but a sex offender may not be required to provide notification in person.
Young sex offender	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 provide information.
	RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION
Registration of information in order	8. When a police service receives a copy of an order sent in accordance with subparagraph 490.08(1)(d)(iii) of the Criminal Code, a person who registers information at the police service shall
	(a) register without delay, in the database, only the name of the police service and the following information contained in the order:
	(i) the given name and surname of the sex offender,
	(ii) the offence in connection with which the order was made,
	(iii) the date and duration of the order, and
	(iv) the court that made the order; and
	(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
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
	(a) the nature of the sex offender's obligations under sections 4 to 6 and the nature of the information that they are required to provide under subsections 5(1) and 6(1); and
	(b) the purpose for which the information is being collected.
Privacy and confidentiality	(2) The person who collects the information shall ensure that
	(a) the sex offender's privacy is respected in a manner that is reasonable in the circumstances; and
	(b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality.
Registration of information provided by sex offender	10. A person who registers information at the registration centre shall
	(a) register without delay, in the database, only the information provided in accordance with section 5 or subsection 6(1); and
	(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
Copy of information	11. A person who collects information at the registration centre shall, free of charge,
	(a) either give a copy of the information provided under subsection 5(1) or (2), dated and signed by the person who collected the information, to the sex offender when they report to the registration centre in person and provide the information, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after they provide the information, if they report by a means authorized by the lieutenant governor in council of the province;
	(b) send the sex offender a copy of the information provided under subsection 6(1), dated and signed by the person who collected the information, by mail or another means agreed to by the sex offender, without delay after the information is provided;
	(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
	(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.
Request for correction of information	12. (1) A sex offender may, at any time, ask a person who collects information at the registration centre nearest to their home address to correct any information relating to them that is registered in the database that the sex offender believes contains an error or omission.
Correction or notation	(2) The person shall, without delay, ensure that
	(a) information in the database is corrected if they are satisfied that the information contains an error or omission; or
	(b) a notation is attached to information in the database that reflects any correction that is requested but not made.

Bill C-23

BILL C-23

SHORT TITLE

PURPOSE AND PRINCIPLES

INTERPRETATION

OBLIGATIONS OF SEX OFFENDERS

RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION