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Bill C-23

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RESEARCH

Access to database for research

13. The Commissioner may authorize a person to consult the database for research or statistical purposes if the Commissioner

    (a) is satisfied that the research or statistical purposes cannot reasonably be accomplished without access to the database; and

    (b) obtains from the person a written undertaking that no subsequent disclosure of information contained in the database will be made, or be allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.

RETENTION OF INFORMATION IN DATABASE

Maintenance of database

14. The database is part of the automated criminal conviction records retrieval system that is maintained by the Royal Canadian Mounted Police.

Retention of information

15. (1) Subject to subsection (2) and any regulations made under paragraph 19(3)(a), information that is registered in the database in accordance with this Act shall be kept in the database indefinitely.

Permanent removal of information

(2) The Commissioner shall, without delay, permanently remove from the database all of the information that relates to, or was provided in accordance with, an order if the sex offender is finally acquitted of the offence in connection with which the order was made, or receives a free pardon granted under Her Majesty's royal prerogative of mercy or the Criminal Code for the offence.

Commissioner 's duties

(3) The Commissioner's duties under this section may be performed by any person authorized by the Commissioner to perform them.

PROHIBITIONS

Unauthorized persons

16. (1) No person shall exercise any function or perform any duty under this Act that they are not authorized to exercise or perform.

Unauthorized consultation

(2) No person shall consult the database unless they are

    (a) a member or employee of, or a person retained by, a police service who is authorized to consult it and who does so for the purpose of investigating a specific crime that the police service has reasonable grounds to believe is of a sexual nature;

    (b) a person who collects or registers information and who consults the database in order to exercise the functions or perform the duties assigned to them under this Act;

    (c) a person who is authorized under section 13 to consult it for research or statistical purposes and who does so for those purposes;

    (d) the Commissioner or a person authorized by the Commissioner who consults it in order to perform the duties of the Commissioner under section 15; or

    (e) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the database in order to maintain it and who does so for those purposes.

Limited data matching

(3) No person shall match any information contained in the database with any other data unless

    (a) the person is a member or employee of, or a person retained by, a police service who matches the data for the purpose of investigating a specific crime that the police service has reasonable grounds to believe is of a sexual nature, and the resulting matched data is used for the purpose of that investigation or a resulting prosecution only; or

    (b) the person is authorized under section 13, and the matched data is made anonymous.

Unauthorized disclosure

(4) Subject to paragraphs 13(b) and (3)(b) and to paragraph 8(2)(j) of the Privacy Act, no person shall disclose any information contained in the database or the fact that information relating to a person is contained in the database, or allow it to be disclosed, except to

    (a) the sex offender to whom the information relates;

    (b) a person referred to in any of paragraphs (2)(a) to (e), if the disclosure to them is necessary to enable them to fulfil the purposes, perform the duties or exercise the functions referred to in that paragraph;

    (c) a member or employee of, or a person retained by, a police service, if the disclosure to them is necessary to ensure compliance by a sex offender with an order or orders;

    (d) a person to whom the disclosure is necessary to permit a prosecution for an offence under section 17 or under section 490.09 of the Criminal Code; or

    (e) a person to whom the disclosure is necessary to assist an investigation of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed.

Unauthorized use

(5) No person shall use any information contained in the database, or allow it to be used, for a purpose other than those referred to in paragraphs (2)(a) to (e) and (4)(c) to (e).

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

    (a) in the case of a first offence, 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; or

    (b) in the case of a second or subsequent offence,

      (i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or

      (ii) 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.

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

Authorization s and designations

18. The lieutenant governor in council of a province may, by order,

    (a) authorize persons or classes of persons in the province to collect information relating to sex offenders under this Act;

    (b) authorize persons or classes of persons in the province to register information relating to sex offenders under this Act; or

    (c) designate places or classes of places in the province as registration centres for the purposes of this Act.

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 section 18 if the lieutenant governor in council of the province does not exercise that power.

Regulations cease to apply

(2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under section 18 ceases to apply in a province when the lieutenant governor of the province exercises that power.

Regulations

(3) The Governor in Council may make regulations

    (a) respecting the removal of information from the database; and

    (b) generally for carrying out the purposes and provisions of this Act.

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:

Orders to Provide Information

Definitions

490.02 (1) The following definitions apply in this section and in sections 490.03 to 490.09.

``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) paragraph 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),

        (v) section 245 (common assault), and

        (vi) 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 151 (seduction of a female between ages of sixteen and eighteen),

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

        (v) section 155 (buggery or bestiality),

        (vi) section 157 (gross indecency),

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

        (viii) section 167 (householder permitting defilement);

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

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

``institution''
« institution »l

e ```institution'' includes a hospital within the meaning of section 672.1.