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Bill C-23

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    (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

    (c) send the person a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

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 their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and

    (b) the purpose for which the information is being collected.

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

    (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

10. A person who registers information collected at a registration centre

    (a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay, in the database, only the information collected under sections 5 and 6;

    (b) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and

    (c) shall 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 a registration centre shall, free of charge,

    (a) either give a copy of the information collected under section 5, dated and signed by the person who collected it, to the sex offender when they report to the registration centre in person and provide information under this Act, or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1);

    (b) send the sex offender a copy of the information collected under section 6, dated and signed by the person who collected it, by mail or another means agreed to by the sex offender, without delay after it is collected;

    (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 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

    (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 the information in the database that reflects any correction that is requested but not made.

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

    (a) is satisfied that those purposes cannot reasonably be accomplished without consulting that information; and

    (b) obtains from the person a written undertaking that no subsequent disclosure of that information 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.

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

    (a) is finally acquitted of every offence to which the obligation relates or receives a free pardon granted under Her Majesty's royal prerogative of mercy or section 748 of that Act for every such offence; or

    (b) is granted an exemption order under subsection 490.023(2) of that Act or on an appeal from a decision made under that subsection.

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

    (a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature;

    (b) a person who collects information at the registration centre at which a sex offender last reported who consults the information in order to ensure compliance by the sex offender with an order or orders or with section 490.019 of the Criminal Code;

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

    (d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes;

    (e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act; or

    (f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information in order to maintain the database and who does so for that purpose.

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

    (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 there are reasonable grounds to suspect is of a sexual nature, and the resulting matched data is used for the purpose of that investigation only; or

    (b) the person is authorized under section 13 to consult information that is registered in the database, and the resulting matched data is made anonymous.

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,

    (a) except to the sex offender, or the person who was served with a notice under section 490.019 of the Criminal Code, to whom the information relates;

    (b) except to a person referred to in any of paragraphs (2)(a) to (f), 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) except to 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 or with section 490.019 of the Criminal Code;

    (d) except to a person or court referred to in any of paragraphs 490.03(1)(a) to (c) and (2)(a) to (c) of the Criminal Code, in accordance with that paragraph;

    (e) except to a person to whom the disclosure is necessary for a prosecution for an offence under section 17 or under section 490.031 of the Criminal Code or an appeal from a decision made in such a proceeding, and to a court in connection with the prosecution or appeal, if the information is relevant to that proceeding;

    (f) except to 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; or

    (g) unless the person is authorized under section 13 to consult information that is registered in the database, the information is disclosed for research or statistical purposes, and the disclosure is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates.

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

    (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; and

    (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

Regulations

18. (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations

    (a) respecting the means by which classes of persons designated by the lieutenant governor in council of the province are required to report under section 4.1 or 4.3 or provide notification under section 6;

    (b) authorizing persons or classes of persons in the province to collect information;

    (c) authorizing persons or classes of persons in the province to register information; and

    (d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre.

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

    (a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act;

    (b) respecting the retention and maintenance, and the protection of information that is registered in the database;

    (c) respecting the registration of photographs taken under subsection 5(3);

    (d) respecting the destruction of information under subsections 9(3) and 15(2) and (3) and the permanent removal of information from the database; and

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