Bill S-3

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2004, c. 10

SEX OFFENDER INFORMATION REGISTRATION ACT

32. (1) The definitions “order”, “person who collects information”, “person who registers information”, “registration centre” and “sex offender” in subsection 3(1) of the Sex Offender Information Registration Act are replaced by the following:

“order”
« ordonnance »

“order” means an order under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.

“person who collects information”
« préposé à la collecte »

“person who collects information” means a person who is authorized to collect information under paragraph 18(1)(b) or subsection 19(1) of this Act or paragraph 227.2(c) of the National Defence Act.

“person who registers information”
« préposé à l’enregistrement »

“person who registers information” means a person who is authorized to register information under paragraph 18(1)(c) or subsection 19(1) of this Act or paragraph 227.2(d) of the National Defence Act.

“registration centre”
« bureau d’inscription »

“registration centre” means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1) of this Act or paragraph 227.2(e) of the National Defence Act.

“sex offender”
« délinquant sexuel »

“sex offender” means a person who is subject to one or more orders or to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act.

(2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

“finding of not criminally responsible on account of mental disorder”
« verdict de non-responsabilité »

“finding of not criminally responsible on account of mental disorder” means a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code or a finding of not responsible on account of mental disorder within the meaning of subsection 2(1) of the National Defence Act, as the case may be.

33. (1) Subsection 4(1) of the Act is repealed.

(2) The portion of subsection 4(2) of the Act before paragraph (a) is replaced by the following:

First obligation to report

4. (1) A person who is subject to an order shall report to a registration centre referred to in section 7.1 within 15 days after

(3) Paragraph 4(1)(b) of the French version of the Act is replaced by the following:

b) sa libération inconditionnelle ou sous conditions au titre de la partie XX.1 du Code criminel en cas de verdict de non-responsabilité à l’égard de l’infraction en cause;

(4) Subsection 4(1) of the Act is amended by adding the following after paragraph (b):

(b.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

(b.2) the imprisonment or detention to which they are sentenced for the offence in connection with which the order is made is suspended under section 215 or 216 of the National Defence Act;

(5) The portion of subsection 4(3) of the Act before paragraph (a) is replaced by the following:

First obligation to report

(2) A person who is subject to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act shall report to a registration centre referred to in section 7.1 of this Act

(6) Paragraph 4(2)(b) of the Act is amended by adding the following after subparagraph (i):

(i.1) they receive an absolute or conditional discharge or are released from custody under Division 7 of Part III of the National Defence Act,

(i.2) an imprisonment or a detention to which they are sentenced is suspended under section 215 or 216 of the National Defence Act,

(7) Section 4 of the Act is amended by adding the following after subsection (2):

Means of reporting

(3) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person. If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations.

34. (1) Section 4.1 of the Act is renumbered as subsection 4.1(1).

(2) The portion of subsection 4.1(1) of the Act before paragraph (a) is replaced by the following:

Subsequent obligation to report

4.1 (1) A sex offender shall subsequently report to the registration centre referred to in section 7.1,

(3) Section 4.1 of the Act is amended by adding the following after subsection (1):

Means of reporting

(2) If a sex offender is required to report to a registration centre designated under this Act, they shall report in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to report to a registration centre designated under the National Defence Act, they shall report in person unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall report in accordance with those regulations.

35. Subsection 4.2(1) of the Act is replaced by the following:

Obligation and order

4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act becomes subject to an order, they shall report on the reporting dates established under the order only.

36. (1) Section 4.3 of the Act is renumbered as subsection 4.3(1).

(2) Subsection 4.3(1) of the French version of the Act is replaced by the following:

Séjour hors du Canada

4.3 (1) Le délinquant sexuel qui est à l’étranger au moment où il est tenu de comparaître en application de l’article 4.1 comparaît au bureau d’inscription au plus tard quinze jours après son retour.

(3) Section 4.3 of the Act is amended by adding the following after subsection (1):

Canadian Forces

(2) Subsection (1) does not apply to a sex offender who is required to report to a registration centre designated under the National Defence Act while they are outside Canada.

37. (1) The portion of subsection 5(1) of the French version of the Act before paragraph (a) is replaced by the following:

Obligation de fournir des renseignements

5. (1) Lorsqu’il comparaît au bureau d’inscription, le délinquant sexuel fournit les renseignements suivants au préposé à la col- lecte :

(2) Subsection 5(1) of the Act is amended by adding the following after paragraph (d):

(d.1) if applicable, their status as an officer or a non-commissioned member of the Canadian Forces within the meaning of subsection 2(1) of the National Defence Act and the address and telephone number of their unit within the meaning of that subsection;

(3) Subsection 5(2) of the Act is replaced by the following:

Additional information

(2) When a sex offender reports to a registration centre, the person who collects the information from them may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act.

38. (1) The portion of subsection 6(1) of the Act before paragraph (a) is replaced by the following:

Notification of absence

6. (1) A sex offender shall notify a person who collects information at the registration centre referred to in section 7.1

(2) Subsection 6(2) of the Act is replaced by the following:

Means of notification

(2) If a sex offender is required to provide notification to a registration centre designated under this Act, they shall provide the notification by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1). If they are required to provide notification to a registration centre designated under the National Defence Act, they shall provide the notification by registered mail unless regulations are made under paragraph 227.2(a) of that Act, in which case they shall provide the notification in accordance with those regulations.

39. The Act is amended by adding the following after section 7:

Registration centre

7.1 For the purposes of sections 4, 4.1, 4.3 and 6, the registration centre is one that is designated under paragraph 18(1)(d) or subsection 19(1) that serves the area of the province in which the sex offender’s main residence is located, unless a registration centre designated under paragraph 227.2(e) of the National Defence Act serves a class of persons of which the sex offender is a member or the area in which the unit of the Canadian Forces in which the sex offender is serving is located.

40. (1) Subsection 8(2) of the Act is repealed and subsection 8(1) is renumbered as section 8.

(2) Subparagraph 8(a)(v) of the French version of the Act is replaced by the following:

(v) les lieu et date de la déclaration de culpabilité ou du verdict de non-responsabilité pour chacune des infractions,

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

Registration of information

8.1 (1) When the Attorney General of a province or the minister of justice of a territory receives a copy of an affidavit of service and a notice sent in accordance with subsection 490.021(6) of the Criminal Code, a person who registers information for the Attorney General or the minister of justice shall register without delay in the database only the following information relating to the person who was served with the notice:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(d) every offence listed in the notice;

(e) when and where the offence or offences were committed;

(f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

(h) the expected duration of the person’s obligation under section 490.019 of the Criminal Code; and

(i) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act.

Registration of information

(2) When the Attorney General of a province or the minister of justice of a territory receives a notice referred to in subsection 490.016(3), 490.017(2), 490.027(3) or 490.029(2) of the Criminal Code, a person who registers information for the Attorney General or the minister of justice shall register without delay in the database the fact that a termination order was made.

Registration of information

(3) A person who registers information for the Attorney General of a province or the minister of justice of a territory may register in the database the fact that a person has applied in that jurisdiction for an exemption order under section 490.023 of the Criminal Code.

Registration of information

(4) When the Attorney General of a province or the minister of justice of a territory receives a notice referred to in section 490.025 of the Criminal Code, a person who registers information for the Attorney General or the minister of justice shall register without delay in the database the fact that the court refused to make an exemption order under subsection 490.023(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order.

Registration of information

(5) A person who registers information for the Attorney General of a province or the minister of justice of a territory may register in the database the date on which the custodial portion of a sex offender’s sentence or detention in custody begins and the date of their release or discharge if

(a) the sex offender was prosecuted in that jurisdiction for the offence to which the sentence or detention relates; and

(b) the offence was not prosecuted under the National Defence Act.

Confidentiality and copy of information

(6) A person who registers information under this section shall

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

(b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code 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.

Registration of information — Canadian Forces

8.2 (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(d) when and where the offence or offences were committed;

(e) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(f) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person; and

(g) the date and duration of the order.

Registration of information — Canadian Forces

(2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice:

(a) their given name and surname;

(b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

(d) every offence listed in the notice;

(e) when and where the offence or offences were committed;

(f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

(g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person; and

(h) the expected duration of the person’s obligation under section 227.06 of the National Defence Act.

Registration of information — Canadian Forces

(3) When the Canadian Forces Provost Marshal receives a notice referred to in subsection 227.04(3), 227.13(3) or 240.5(3) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a termination order was made.

Registration of information — Canadian Forces

(4) A person who registers information for the Canadian Forces Provost Marshal may register in the database the fact that a person has applied for an exemption order under section 227.1 of the National Defence Act.

Registration of information — Canadian Forces

(5) When the Canadian Forces Provost Marshal receives a notice referred to in section 227.11 of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a court martial refused to make an exemption order under subsection 227.1(4) of that Act or that the Court Martial Appeal Court dismissed an appeal from such a decision or quashed an exemption order.

Registration of information — Canadian Forces

(6) A person who registers information for the Canadian Forces Provost Marshal may register in the database the date on which the custodial portion of a sex offender’s sentence or detention in custody begins and the date of their release or discharge, if the sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates.

Registration of information — Canadian Forces

(7) A person who registers information for the Canadian Forces Provost Marshal shall register without delay in the database

(a) the fact that a person is the subject of a determination under subsection 227.15(1) of the National Defence Act, the effect of the determination on the person, the date on which the suspension of the time limit, proceeding or obligation first applies and the date on which it ceases to apply;

(b) the fact that a person is the subject of a determination under subsection 227.16(1) of the National Defence Act and the date on which the determination was made; and

(c) the fact that a person has become, or has ceased to be, subject to a regulation made under paragraph 227.2(a) or (e) of the National Defence Act.

Confidentiality and copy of information

(8) A person who registers information under this section shall

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

(b) once the information is registered under any of subsections (2) to (7), on request, send the sex offender or the person served with a notice under section 227.08 of the National Defence Act 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.

42. Paragraphs 10(a) and (b) of the Act are replaced by the following:

(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, the date on which the sex offender reported or provided notification to the registration centre and the province of registration;

(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

43. (1) The portion of section 11 of the French version of the Act before paragraph (a) is replaced by the following:

Copie des renseignements

11. Il incombe au préposé à la collecte au bureau d’inscription, sans frais pour le délinquant sexuel :

(2) Paragraph 11(a) of the Act is replaced by the following:

(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 other than in person;

44. (1) Subsection 12(1) of the Act is replaced by the following:

Request for correction of information

12. (1) Subject to subsection (2), a sex offender or a person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act may, at any time, ask a person who collects information at the registration centre referred to in section 7.1 to correct any information relating to them that is registered in the database and that they believe contains an error or omission.

Request for correction of information

(2) The request shall be made to the Canadian Forces Provost Marshal if the information is registered in the database under section 8.2.

(2) The portion of subsection 12(2) of the Act before paragraph (a) is replaced by the following:

Correction or notation

(3) The person to whom the request is made shall, without delay, ensure that

45. Section 13 of the Act is replaced by the following:

Authorization for research

13. (1) The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database, compare the information with other information or, by electronic means, combine the information with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code, for research or statistical purposes.

Conditions

(2) The Commissioner shall not provide the authorization unless the Commissioner

(a) is satisfied that those purposes cannot reasonably be accomplished without consulting the information or without comparing or combining the information with, or linking it to, the other information, as the case may be; and

(b) obtains from the person a written undertaking that no subsequent disclosure of the information or of any information resulting from the comparison or combination of the information with, or the linking of the information to, other 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.

46. Subsections 15(2) and (3) of the Act are replaced by the following:

Permanent removal and destruction of information

(2) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an order shall be destroyed and permanently removed from the database if

(a) the person who is subject to the 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 under section 748 of the Criminal Code for every such offence; or

(b) the sentence for every offence in connection with which the order was made ceases to have force and effect under subsection 249.11(2) of the National Defence Act.

Permanent removal and destruction of information

(a) the person who is subject to the obligation is finally acquitted of every offence to which it relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for every such offence;

(b) the sentence for every offence to which the obligation relates ceases to have force and effect under subsection 249.11(2) of the National Defence Act; or

(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.

47. (1) Paragraph 16(2)(b) of the Act is replaced by the following:

(b) a person who collects information at a registration centre designated under this Act in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or orders or with an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act;

(b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act, with an order or orders or with an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act;

(2) Paragraph 16(2)(c) of the English version of the Act is replaced by the following:

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

(3) Paragraph 16(2)(e) of the Act is replaced by the following:

(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, under subsection 490.03(1) or (2) of the Criminal Code or under subsection 227.18(1) or 227.19(1) of the National Defence Act; or

(4) Subsection 16(3) of the Act is replaced by the following:

Unauthorized comparison of information

(3) No person shall compare any information that is collected under this Act or registered in the database with any other information unless

(a) they compare information that was consulted in accordance with paragraph (2)(a) with other information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature;

(b) they compare information that was consulted in accordance with paragraph (2)(b) or (b.1) with other information to verify compliance by the sex offender with one or more orders or with an obligation under section 490.019 of the Criminal Code or section 227.06 of the National Defence Act, or to investigate an offence under section 490.031 or 490.0311 of the Criminal Code, an offence under either of those provisions that is punishable under section 130 of the National Defence Act, or an offence under section 119.1 of the National Defence Act; or

Unauthorized combination or linking of information

(3.1) No person shall, by electronic means, combine any information that is collected under this Act or registered in the database with, or link it to, any other information contained in a computer system within the meaning of subsection 342.1(2) of the Criminal Code unless

(a) they combine the information that is registered in the database with, or link it to, information contained in the sex offender registry established under the Ontario Act, for the purpose of registering information under section 8, 8.1 or 10; or

(b) they combine or link information in accordance with an authorization under section 13.

(5) The portion of subsection 16(4) of the French version of the Act before paragraph (a) is replaced by the following:

Communication interdite

(4) Il est interdit à quiconque de communiquer ou laisser communiquer les renseignements recueillis au titre de la présente loi ou enregistrés dans la banque de données, ou le fait que des renseignements ont été recueillis ou enregistrés à l’égard d’une personne, à moins que la communication :

(6) Paragraphs 16(4)(a) to (g) of the Act are replaced by the following:

(a) unless the disclosure is to the sex offender, or the person served with a notice under section 490.021 of the Criminal Code or section 227.08 of the National Defence Act, to whom the information relates;

(b) unless the disclosure is expressly authorized under this Act, the Criminal Code or the National Defence Act;

(i) to enable them to investigate an offence under section 17 or to lay a charge for such an offence,

(ii) to enable them to investigate a specific crime that there are reasonable grounds to suspect is of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act, or to lay a charge for such an offence, or

(iii) to enable them to investigate a criminal offence or a service offence within the meaning of subsection 2(1) of the National Defence Act or to lay a charge for such an offence, as long as the investigation or charge results from an investigation referred to in subparagraph (ii);

(d) unless the disclosure is to a prosecutor and is necessary to enable the prosecutor to determine whether a charge for an offence resulting from an investigation referred to in paragraph (c) should be laid;

(e) unless the disclosure is to a person who is responsible under the National Defence Act for laying, referring or preferring a charge for a service offence and to a person who provides legal advice with respect to the charge, and the disclosure is necessary to enable them to determine whether a charge for a service offence resulting from an investigation referred to in paragraph (c) should be laid, referred or preferred;

(f) unless the disclosure is to a prosecutor, judge or justice in a proceeding relating to an application for a search warrant in connection with an investigation referred to in paragraph (c), and the information is relevant to the application;

(g) unless the disclosure is to a person who is authorized under the National Defence Act to issue a search warrant in connection with the investigation of a service offence and to a person who provides legal advice with respect to the issuance of the search warrant, and the information is relevant to an application for a search warrant in connection with an investigation referred to in paragraph (c);

(h) unless the information disclosed is relevant to the proceeding, appeal or review and the disclosure is

(i) to a prosecutor in connection with a proceeding that results from an investigation referred to in paragraph (c) and that is before a court of criminal jurisdiction or superior court of criminal jurisdiction within the meaning of section 2 of the Criminal Code or a service tribunal within the meaning of subsection 2(1) of the National Defence Act,

(ii) to the Attorney General within the meaning of section 2 of the Criminal Code, or the Minister of National Defence or counsel instructed by the Minister, in connection with an appeal of a decision made in such a proceeding,

(iii) to the court or service tribunal presiding over the proceeding or appeal and, in the case of a summary trial under the National Defence Act, to a person who provides legal advice to the presiding officer, or

(iv) to a review authority under section 249 of the National Defence Act and to a person who provides legal advice to the review authority in connection with its review of a finding of guilty made or punishment imposed in the proceeding or appeal;

(i) unless the disclosure to the person 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;

(j) unless the disclosure is to an employee of, or a person retained by, a person referred to in any of paragraphs (d) to (i) who is authorized by that person to receive information disclosed under that paragraph on their behalf; or

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

(7) Subsection 16(5) of the Act is replaced by the following:

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 that for which it is consulted, compared, combined, linked or disclosed, as the case may be, under this section.

48. Subsection 17(1) of the Act is repealed and subsection 17(2) is renumbered as section 17.

49. Paragraph 18(1)(a) of the Act is replaced by the following:

(a) respecting the means by which designated classes of persons may report under section 4.1 or 4.3, or provide notification under section 6, to registration centres designated under paragraph (d);

R.S., c. C-47

CRIMINAL RECORDS ACT

2004, c. 10, s. 23

50. Paragraph 5(b) of the Criminal Records Act is replaced by the following:

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of the Criminal Code or subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act, or of a regulation made under an Act of Parliament.

COORDINATING AMENDMENTS

2004, c. 10

51. If section 32 of this Act comes into force on or before December 15, 2006, then, on the day on which that section 32 comes into force

(a) section 21.1 of the Sex Offender Information Registration Act and the heading before it are repealed; and

(b) the Sex Offender Information Registration Act is amended by adding the following after section 19:

REVIEW AND REPORT TO PARLIAMENT

Review

19.1 (1) Two years after this Act comes into force, a committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for the purpose shall undertake a comprehensive review of sections 1 to 19 of this Act, sections 490.011 to 490.032 of the Criminal Code, sections 119.1 and 227 to 227.21, paragraphs 230(g) and 230.1(h), section 230.2, subsection 232(3) and section 240.5 of the National Defence Act, and of the operation of those provisions.

Report

(2) The committee shall submit a report on the review to Parliament, including a statement of any changes that it recommends, within six months after it undertakes the review or within any further time authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be.

2005, c. 25

52. (1) If section 3 of this Act comes into force before section 30 of An Act to amend the Criminal Code, the DNA Identification Act and the National Defence Act, chapter 25 of the Statutes of Canada, 2005 (the “other Act”), then, on the day on which that section 30 comes into force, subsection 202.14(1) of the French version of the National Defence Act, as enacted by that section 30, is replaced by the following:

Verdict de non-responsabilité pour cause de troubles mentaux

202.14 (1) La cour martiale qui conclut que l’accusé a commis l’acte ou l’omission qui a donné lieu à l’accusation et que l’accusé était atteint, au moment de la perpétration de l’acte ou de l’omission, de troubles mentaux de nature à ne pas engager sa responsabilité doit rendre un verdict portant que l’accusé a commis l’acte ou l’omission mais n’est pas responsable pour cause de troubles mentaux.

(2) If section 3 of this Act comes into force on the same day as section 30 of the other Act, then section 30 of the other Act is deemed to have come into force before section 3 of this Act.

COMING INTO FORCE

Order in council

53. This Act, other than sections 51 and 52, comes into force on a day to be fixed by order of the Governor in Council.

Published under authority of the Senate of Canada

Explanatory Notes

Sex Offender Information Registration Act

Clause 32: (1) Existing text of the definitions:

“order” means an order under section 490.012 of the Criminal Code.

“person who collects information” means a person who is authorized under paragraph 18(1)(b) or subsection 19(1) to collect information.

“person who registers information” means a person who is authorized under paragraph 18(1)(c) or subsection 19(1) to register information.

“registration centre” means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1).

“sex offender” means a person who is subject to one or more orders or to an obligation under section 490.019 of the Criminal Code.

(2) New.

Clause 33: (1) Existing text of subsection 4(1):

4. (1) A sex offender shall report, for the first time under this Act, in person to the registration centre that serves the area in which their main residence is located.

(2) to (4) Relevant portion of subsection 4(2):

(2) A person who is subject to an order shall report within 15 days after

...

(b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;

(5) and (6) Relevant portion of subsection 4(3):

(3) A person who is subject to an obligation under section 490.019 of the Criminal Code shall report,

...

(b) in any other case, within 15 days after

(7) New.

Clause 34: (1) and (2) Relevant portion of section 4.1:

4.1 A sex offender shall subsequently report to the registration centre that serves the area in which their main residence is located in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1),

(3) New.

Clause 35: Existing text of subsection 4.2(1):

4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code becomes subject to an order, they shall report on the reporting dates established under the order only.

Clause 36: (1) and (2) Existing text of section 4.3:

4.3 A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than 15 days after they return to Canada.

(3) New.

Clause 37: (1) and (2) Relevant portion of subsection 5(1):

5. (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre:

(3) Existing text of subsection 5(2):

(2) When a sex offender provides the information referred to in subsection (1), the person who collects the information may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code, a designated offence within the meaning of subsection 490.011(1) of that Act.

Clause 38: (1) Relevant portion of subsection 6(1):

6. (1) A sex offender shall notify a person who collects information at the registration centre that serves the area in which their main residence is located

(2) Existing text of subsection 6(2):

(2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), but a sex offender may not be required to provide notification in person.

Clause 39: New.

Clause 40: (1) and (2) Relevant portion of section 8:

8. (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018(1)(d)(iii) of the Criminal Code, a person who registers information for the police service shall

(a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:

...

(v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

...

(2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code, the Attorney General or minister of justice shall

(a) register without delay in the database only the following information relating to the person who was served with the notice:

(i) their given name and surname,

(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,

(iii) the date on which the notice was served,

(iv) every offence referred to in the notice,

(v) when and where the offence or offences were committed,

(vi) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,

(vii) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,

(viii) the expected duration of the person’s obligation under section 490.019 of the Criminal Code, and

(ix) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act;

(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.

Clause 41: New.

Clause 42: Relevant portion of section 10:

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

Clause 43: (1) and (2) Relevant portion of section 11:

11. A person who collects information at a registration centre shall, free of charge,

Clause 44: (1) Existing text of subsection 12(1):

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.

(2) Relevant portion of subsection 12(2):

(2) The person who collects information shall, without delay, ensure that

Clause 45: Existing text of section 13:

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.

Clause 46: Existing text of subsections 15(2) and (3):

(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).

(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.

Clause 47: (1) to (3) Relevant portion of subsection 16(2):

(2) No person shall consult any information that is collected under this Act or registered in the database, unless they are

...

(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;

...

(4) to (7) Existing text of subsections 16(3) to (5):

(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.

(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.

(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).

Clause 48: Existing text of subsection 17(1):

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.

Clause 49: Relevant portion of subsection 18(1):

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;

Criminal Records Act

Clause 50: Relevant portion of section 5:

5. The pardon

...

(b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament.