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| Access to
database for
research
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13. The Commissioner may authorize a
person to consult the database for research or
statistical purposes if the Commissioner
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(a) is satisfied that the research or statistical
purposes cannot reasonably be
accomplished without access to the
database; and
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(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.
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| Maintenance
of database
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14. The database is part of the automated
criminal conviction records retrieval system
that is maintained by the Royal Canadian
Mounted Police.
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| Retention of
information
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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.
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| 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.
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| Commissioner
's duties
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(3) The Commissioner's duties under this
section may be performed by any person
authorized by the Commissioner to perform
them.
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| Unauthorized
persons
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16. (1) No person shall exercise any
function or perform any duty under this Act
that they are not authorized to exercise or
perform.
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| Unauthorized
consultation
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(2) No person shall consult the database
unless they are
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(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;
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(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;
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(c) a person who is authorized under section
13 to consult it for research or statistical
purposes and who does so for those
purposes;
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(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
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(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.
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| Limited data
matching
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(3) No person shall match any information
contained in the database with any other data
unless
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(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
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(b) the person is authorized under section
13, and the matched data is made
anonymous.
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| Unauthorized
disclosure
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(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
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(a) the sex offender to whom the
information relates;
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(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;
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(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;
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(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
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(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.
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| Unauthorized
use
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(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).
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| Offence
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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
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(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
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(b) in the case of a second or subsequent
offence,
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(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
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(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.
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| 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.
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| Authorization
s and
designations
|
18. The lieutenant governor in council of a
province may, by order,
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(a) authorize persons or classes of persons
in the province to collect information
relating to sex offenders under this Act;
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(b) authorize persons or classes of persons
in the province to register information
relating to sex offenders under this Act; or
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(c) designate places or classes of places in
the province as registration centres for the
purposes of this Act.
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| 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.
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| 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.
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| Regulations
|
(3) The Governor in Council may make
regulations
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(a) respecting the removal of information
from the database; and
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(b) generally for carrying out the purposes
and provisions of this Act.
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| R.S., c. C-46
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20. The Criminal Code is amended by
adding the following after section 490.01:
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| Definitions
|
490.02 (1) The following definitions apply
in this section and in sections 490.03 to
490.09.
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``designated
offence''
« infraction
désignée »
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``designated offence'' means
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(a) an offence under any of the following
provisions:
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(i) subsection 7(4.1) (offence in
relation to sexual offences against
children),
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(ii) section 151 (sexual interference),
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(iii) section 152 (invitation to sexual
touching),
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(iv) section 153 (sexual exploitation),
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(v) section 153.1 (sexual exploitation
of person with disability),
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(vi) section 155 (incest),
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(vii) subsection 160(3) (bestiality in
presence of or by a child),
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(viii) section 163.1 (child
pornography),
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(ix) section 170 (parent or guardian
procuring sexual activity),
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(x) section 172.1 (luring a child by
means of a computer system),
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(xi) subsection 173(2) (exposure),
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(xii) paragraph 212(1)(i) (stupefying
or overpowering for the purpose of
sexual intercourse),
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(xiii) subsection 212(2) (living on the
avails of prostitution of a person under
age of eighteen),
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(xiv) subsection 212(2.1) (aggravated
offence - living on the avails of
prostitution of a person under age of
eighteen),
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(xv) subsection 212(4) (obtaining
prostitution of person under age of
eighteen),
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(xvi) section 271 (sexual assault),
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(xvii) section 272 (sexual assault with
a weapon, threats to a third party or
causing bodily harm),
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(xviii) paragraph 273(2)(a)
(aggravated sexual assault - use of a
firearm),
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(xix) paragraph 273(2)(b) (aggravated
sexual assault), and
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(xx) paragraph 273.3(2) (removal of a
child from Canada);
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(b) an offence under any of the following
provisions:
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(i) subsection 173(1) (indecent acts),
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(ii) section 177 (trespassing at night),
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(iii) section 230 (murder in
commission of offences),
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(iv) section 234 (manslaughter),
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(v) paragraph 246(b) (overcoming
resistance to commission of offence),
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(vi) section 264 (criminal harassment),
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(vii) section 279 (kidnapping),
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(viii) section 280 (abduction of a
person under age of sixteen),
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(ix) section 281 (abduction of a person
under age of fourteen),
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(x) paragraph 348(1)(d) (breaking and
entering a dwelling house with intent
to commit an indictable offence),
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(xi) paragraph 348(1)(d) (breaking and
entering a dwelling house and
committing an indictable offence),
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(xii) paragraph 348(1)(e) (breaking
and entering a place other than a
dwelling house with intent to commit
an indictable offence), and
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(xiii) paragraph 348(1)(e) (breaking
and entering a place other than a
dwelling house and committing an
indictable offence);
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(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:
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(ii) section 145 (attempt to commit
rape),
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(iii) section 149 (indecent assault on
female),
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(iv) section 156 (indecent assault on
male),
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(v) section 245 (common assault), and
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(vi) subsection 246(1) (assault with
intent);
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(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:
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(i) subsection 146(1) (sexual
intercourse with a female under age of
fourteen),
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(ii) subsection 146(2) (sexual
intercourse with a female between
ages of fourteen and sixteen),
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(iii) section 151 (seduction of a female
between ages of sixteen and eighteen),
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(iv) section 153 (sexual intercourse
with step-daughter),
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(v) section 155 (buggery or bestiality),
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(vi) section 157 (gross indecency),
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(vii) section 166 (parent or guardian
procuring defilement), and
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(viii) section 167 (householder
permitting defilement);
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(e) an attempt to commit an offence
referred to in any of paragraphs (a), (c)
and (d); or
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(f) an attempt to commit an offence
referred to in paragraph (b).
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``institution''
« institution »l
|
e ```institution'' includes a hospital within the
meaning of section 672.1.
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