Bill S-3

55-56 ELIZABETH II

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CHAPTER 5

An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act

[Assented to 29th March, 2007]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

NATIONAL DEFENCE ACT

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

“finding of not responsible on account of mental disorder” means a finding made under subsection 202.14(1);

“Provost Marshal” means the Canadian Forces Provost Marshal;

2. The Act is amended by adding the following after section 119:

Offence in Relation to the Sex Offender Information Registration Act

119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code, or with an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse.

3. Subsection 202.14(1) of the Act is replaced by the following:

202.14 (1) If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder.

4. The Act is amended by adding the following after section 226:

Division 8.1

Sex Offender Information

Interpretation

227. The following definitions apply in this Division.

“crime of a sexual nature” means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act.

“database” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

“designated offence” means

(a) an offence within the meaning of paragraph (a), (c), (c.1) or (d) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

(b) an offence within the meaning of paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act;

(c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or

(d) an attempt or conspiracy to commit an offence referred to in paragraph (b).

“finding of not responsible on account of mental disorder” includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code.

“officer, or non-commissioned member, of the primary reserve” means an officer, or non-commissioned member, of the reserve force

(a) who is required, whether on active service or not, to perform military or any other form of duty or training;

(b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and

(c) who is required to undergo annual training.

“pardon” means a pardon granted by any authority under law, other than a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code, that has not ceased to have effect or been revoked.

“prescribed form” means a form prescribed in the regulations made by the Governor in Council.

“registration centre” has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act.

“Review Board” means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code.

Order to Comply with the Sex Offender Information Registration Act

227.01 (1) As soon as possible after a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.

(2) As soon as possible after a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition “designated offence” in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02, if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a) or (c) of that definition.

(3) As soon as possible after a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02, if the prosecutor establishes that

(a) the person was, before or after the coming into force of the Sex Offender Information Registration Act, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code;

(b) the person has not been served with a notice under section 227.08 of this Act or section 490.021 of the Criminal Code in connection with the previous offence; and

(c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with the previous offence.

(4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence

(a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or

(b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.

(5) The court martial is not required to make an order under this section if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(6) The court martial shall give reasons for its decision.

227.02 (1) An order made under section 227.01 begins on the day on which it is made.

(2) An order made under subsection 227.01(1) or (2)

(a) ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less;

(b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

(c) applies for life if the maximum term of imprisonment for the offence is life.

(3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code.

(4) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 227.01 of this Act or section 490.012 of the Criminal Code.

(5) An order made under subsection 227.01(3) applies for life.

227.03 (1) A person who is subject to an order may apply for a termination order

(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(a);

(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(b); or

(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(3) or (5).

(2) A person who is subject to more than one order made under section 227.01 may apply for a termination order if 20 years have elapsed since the most recent order was made.

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.

(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code, the application shall also be in relation to that obligation.

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.

(6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code.

(7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.

227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(2) The court martial shall give reasons for the decision.

(3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.

227.05 (1) When a court martial makes an order under section 227.01, it shall cause

(a) the order to be read by or to the person who is subject to it;

(b) a copy of the order to be given to that person;

(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; and

(d) a copy of the order to be sent to

(i) the Review Board that is responsible for making a disposition with respect to that person, if applicable,

(ii) the person in charge of the place in which the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and

(iii) the Provost Marshal.

(2) A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs,

(a) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or

(b) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

(3) The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge.

Notice and Obligation to Comply with the Sex Offender Information Registration Act

227.06 A person who is served with a notice in the prescribed form shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.09 of this Act unless an exemption order is made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.

227.07 (1) The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence.

(2) A notice shall not be served on a person if

(a) they may be served with a notice under section 490.021 of the Criminal Code;

(b) they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for, every offence in connection with which the notice may be served on them; or

(c) an application has been made for an order under subsection 227.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them.

227.08 (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force.

(2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address.

(3) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that

(a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case;

(b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and

(c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit.

(4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay.

227.09 (1) The obligation under section 227.06 begins

(a) either one year after the day on which the person is served with the notice, or when an exemption order is refused under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or

(b) when an exemption order is quashed.

(2) The obligation ends when an exemption order is made on an appeal from a decision made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code.

(3) If subsection (2) does not apply earlier, the obligation

(a) ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less;

(b) ends 20 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

(c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

(d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice.

227.1 (1) A person who is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 227.08.

(2) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.023 of the Criminal Code.

(3) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.

(4) The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(5) The court martial shall give reasons for the decision.

(6) If the court martial makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person.

227.11 If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code.

227.12 (1) A person who is subject to an obligation under section 227.06 and is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for a termination order.

(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not responsible on account of mental disorder, for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227:

(a) five years if the maximum term of imprisonment for the offence is five years or less;

(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or

(c) 20 years if the maximum term of imprisonment for the offence is life.

(3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.

(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made.

(6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.026 of the Criminal Code.

(7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue.

227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(2) The court martial shall give reasons for the decision.

(3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision.

227.14 If a person is eligible to apply for both an exemption order under section 227.1 and a termination order under section 227.12 within one year after they are served with a notice under section 227.08, an application within that period for one order is deemed to be an application for both.

Suspension of Time Limits, Proceedings and Obligations

227.15 (1) The Chief of the Defence Staff may determine that a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, for operational reasons, unable to

(a) apply for an exemption order under section 227.1 of this Act or section 490.023 of the Criminal Code within the required period;

(b) appeal the legality of a decision made under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) of this Act, or appeal a decision made under section 490.012 or subsection 490.016(1), 490.023(2) or 490.027(1) of the Criminal Code, within the required period;

(c) participate in a proceeding relating to an exemption order referred to in paragraph (a) or in an appeal proceeding referred to in paragraph (b); or

(d) comply with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act within the required period.

(2) If the Chief of the Defence Staff makes a determination, the following rules apply:

(a) in the case of a determination under paragraph (1)(a), the running of the period during which the person may apply for an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;

(b) in the case of a determination under paragraph (1)(b), the running of the period during which the person may appeal the legality of a decision, or a decision, is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply;

(c) in the case of a determination under paragraph (1)(c),

(i) any proceeding relating to an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply, or

(ii) an application may be made to appeal the legality of a decision, or a decision, after the day on which the operational reasons first apply, but any appeal proceeding is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; and

(d) in the case of a determination under paragraph (1)(d), the person’s obligation to comply with the relevant section of the Sex Offender Information Registration Act is suspended from the day on which the operational reasons first apply until 15 days after the day on which they cease to apply.

(2.1) The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons clearly outweigh in importance the public interest in applying the provisions of the Act that, but for the determination, would apply in the circumstances.

(2.2) The Chief of the Defence Staff shall notify the Minister before making a determination.

(2.3) Every 15 days after a determination is made, the Chief of the Defence Staff shall consider whether the operational reasons cease to apply.

(3) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.

(4) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, the date on which the operational reasons first apply and the date on which they cease to apply, and the Provost Marshal shall notify the person without delay.

(5) The Provost Marshal shall notify the following persons without delay of a determination made under paragraph (1)(b) or (c), the effect of the determination, the date on which the suspension of the time limit or proceeding first applies and the date on which it ceases to apply:

(a) the Minister or counsel instructed by the Minister if the decision in relation to which an appeal may be brought was made under this Act, or the Minister or counsel instructed by the Minister and the Court Martial Administrator if the proceeding was commenced under this Act; or

(b) the attorney general of a province or the minister of justice of a territory if the decision in relation to which an appeal may be brought was made, or the proceeding was commenced, in that jurisdiction under the Criminal Code.

227.16 (1) The Chief of the Defence Staff may determine that the communication, under section 6 of the Sex Offender Information Registration Act, of information that relates to an operation could jeopardize national security, international relations or the security of an operation that is within a class of operations designated by a regulation made under paragraph 227.2(b).

(2) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section.

(3) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, and the Provost Marshal shall notify without delay any participant in the operation who is required to comply with section 6 of the Sex Offender Information Registration Act.

(4) A participant in the operation is exempted from the requirement under section 6 of the Sex Offender Information Registration Act to provide the information relating to the operation.

227.17 The Statutory Instruments Act does not apply to a determination made by the Chief of the Defence Staff under subsection 227.15(1) or 227.16(1).

227.171 (1) The Chief of the Defence Staff shall, within 30 days after the end of each year, submit a report to the Minister on the operation of sections 227.15 and 227.16 for that year that includes

(a) the number of determinations made under each of paragraphs 227.15(a) to (d) and the duration of the suspension resulting from each determination; and

(b) the number of determinations made under subsection 227.16(1) and the number of persons exempted under subsection 227.16(4) as a result of each determination.

(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Disclosure of Information

227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine

(a) whether a person may be served with a notice under section 227.08;

(b) for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4), or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code;

(c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act or section 490.019 of the Criminal Code; or

(d) whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, may be the subject of a determination under subsection 227.15(1) or 227.16(1).

(2) The Provost Marshal shall disclose the information

(a) to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4);

(b) to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a);

(c) to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or

(d) to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 227.15(1) or 227.16(1).

(3) The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial.

227.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner shall disclose the information to the Provost Marshal without delay.

(2) The Provost Marshal shall disclose the information

(a) to the officer who has jurisdiction to try the person and to a person who provides legal advice to the officer with respect to the proceeding, in the case of a summary trial; or

(b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case.

(3) The officer who has jurisdiction to try the person may, if the officer is unable to preside over the summary trial, disclose the information to another officer who has jurisdiction to try the person and to a person who provides legal advice to that officer with respect to the summary trial.

(4) The officer who presides over the summary trial may disclose the information to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the summary trial, if the information is relevant to the review.

(5) The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review.

(6) A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review.

Authorizations, Designations and Regulations

227.2 The Governor in Council may make regulations

(a) respecting the means by which designated classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve are required to report under section 4, 4.1 or 4.3, or to provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e);

(b) designating classes of operations in respect of which a determination may be made under subsection 227.16(1);

(c) authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve;

(d) authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; and

(e) designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve, served by each registration centre.

227.21 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf.

5. Section 230 of the Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f):

(g) the legality of a decision made under section 227.01.

6. Section 230.1 of the Act is amended by striking out the word “or” at the end of paragraph (f.1), by adding the word “or” at the end of paragraph (g) and by adding the following after paragraph (g):

(h) the legality of a decision made under section 227.01.

7. The Act is amended by adding the following after section 230.1:

230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or a termination order under section 227.03 or 227.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial.

8. Subsection 232(3) of the French version of the Act is replaced by the following:

9. The Act is amended by adding the following after section 240.4:

240.5 (1) On the hearing of an appeal respecting the legality of a decision made under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.

(2) If the Court Martial Appeal Court or other court makes an order that may be made under section 227.01, it shall cause the requirements set out in section 227.05 to be fulfilled.

(3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal to be notified of the decision.

(4) If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 227.1(4), it shall also make the order referred to in subsection 227.1(6).

10. The definition “Provost Marshal” in section 250 of the Act is repealed.

CRIMINAL CODE

11. (1) The definition “verdict of not criminally responsible on account of mental disorder” in subsection 490.011(1) of the Criminal Code is replaced by the following:

“verdict 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) 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.

(2) Subparagraph (c)(v) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(v) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in any of subparagraphs (i) to (iv);

(3) The definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after paragraph (c):

(c.1) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:

(i) section 246.1 (sexual assault),

(ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and

(iii) section 246.3 (aggravated sexual assault);

(4) Paragraph (e) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:

(e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c), (c.1) and (d); or

12. The heading before section 490.012 of the Act is replaced by the following:

Order to Comply with the Sex Offender Information Registration Act

13. Subsections 490.012(1) to (3) of the Act are replaced by the following:

490.012 (1) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.

(2) As soon as possible after a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.

(3) As soon as possible after a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013, if the prosecutor establishes that

(a) the person was, before or after the coming into force of that Act, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

(b) the person has not been served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act in connection with the previous offence; and

(c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with the previous offence.

14. (1) Paragraphs 490.013(2)(a) to (c) of the English version of the Act are replaced by the following:

(a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

(b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and

(c) applies for life if the maximum term of imprisonment for the offence is life.

(2) Subsections 490.013(3) and (4) of the Act are replaced by the following:

(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act.

(4) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of this Act or section 227.01 of the National Defence Act.

(3) Subsection 490.013(5) of the English version of the Act is replaced by the following:

(5) An order made under subsection 490.012(3) applies for life.

15. Section 490.015 of the Act is replaced by the following:

490.015 (1) A person who is subject to an order may apply for a termination order

(a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(a);

(b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(b); or

(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(3) or (5).

(2) A person who is subject to more than one order made under section 490.012 of this Act, or under that section and section 227.01 of the National Defence Act, may apply for a termination order if 20 years have elapsed since the most recent order was made.

(3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon.

(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, the application shall also be in relation to that obligation.

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.

(6) The application shall be made to

(a) a superior court of criminal jurisdiction if

(i) one or more of the orders to which it relates were made by such a court under section 490.012, or

(ii) one or more of the orders to which it relates were made under section 227.01 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.03(6) of that Act; or

(b) a court of criminal jurisdiction, in any other case in which the application relates to one or more orders made under section 490.012.

16. (1) Subsection 490.016(1) of the Act is replaced by the following:

490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders and any obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(2) Section 490.016 of the Act is amended by adding the following after subsection (2):

(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.

17. Section 490.017 of the Act is renumbered as subsection 490.017(1) and is amended by adding the following:

(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.

18. (1) Paragraph 490.018(1)(c) of the Act is replaced by the following:

(c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act; and

(2) Paragraph 490.018(3)(b) of the Act is replaced by the following:

(b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act.

19. The heading before section 490.019 of the Act is replaced by the following:

Notice and Obligation to Comply with the Sex Offender Information Registration Act

20. (1) The portion of subsection 490.02(1) of the Act before paragraph (a) is replaced by the following:

490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) and

(2) Paragraphs 490.02(2)(a) and (b) of the Act are replaced by the following:

(a) if they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 for, every offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act;

(b) if an application has been made for an order under subsection 490.012(3) of this Act or subsection 227.01(3) of the National Defence Act in relation to any offence in connection with which a notice may be served on them under section 490.021 of this Act or section 227.08 of the National Defence Act; or

(3) Paragraph 490.02(2)(c) of the English version of the Act is replaced by the following:

(c) who is referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act.

21. (1) Subsection 490.021(1) of the French version of the Act is replaced by the following:

(2) Subsection 490.021(2) of the Act is replaced by the following:

(2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or of any conditions set under this Act or under Part III of the National Defence Act, that relate to residence, the notice may be served by registered mail at their last known address.

22. (1) Paragraphs 490.022(1)(a) and (b) of the English version of the Act are replaced by the following:

(a) either one year after the day on which the person is served with the notice or when an exemption order is refused under subsection 490.023(2), whichever is later; or

(b) when an exemption order is quashed.

(2) Paragraphs 490.022(3)(a) and (b) of the Act are replaced by the following:

(a) ends 10 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

(b) ends 20 years after the person was sentenced, or found not criminally responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years;

(3) Paragraph 490.022(3)(c) of the English version of the Act is replaced by the following:

(c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or

(4) Paragraph 490.022(3)(d) of the Act is replaced by the following:

(d) applies for life if, at any time, the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence that is referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act and if more than one of those offences is listed in the notice.

23. Subsection 490.023(1) of the Act is replaced by the following:

490.023 (1) A person who is not subject to an order under section 490.012 of this Act or section 227.01 of the National Defence Act may apply for an order exempting them from the obligation within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act.

(1.1) The application shall be made to a court of criminal jurisdiction if

(a) it relates to an obligation under section 490.019 of this Act; or

(b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.1(2) of that Act.

24. Sections 490.025 and 490.026 of the Act are replaced by the following:

490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision, and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.

490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 of this Act or section 227.01 of the National Defence Act may apply for a termination order.

(2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act:

(a) five years if the offence was prosecuted summarily or if the maximum term of imprisonment for the offence is two or five years;

(b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or

(c) 20 years if the maximum term of imprisonment for the offence is life.

(3) If more than one offence is listed in the notice served under section 490.021, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of this Act or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act.

(4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon.

(5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 of this Act or section 227.01 of the National Defence Act after the previous application was made.

(6) The application shall be made to a court of criminal jurisdiction if

(a) it relates to an obligation under section 490.019 of this Act; or

(b) it relates to an obligation under section 227.06 of the National Defence Act and the Chief Military Judge does not have jurisdiction to receive the application under subsection 227.12(6) of that Act.

25. (1) Subsection 490.027(1) of the English version of the Act is replaced by the following:

490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.

(2) Section 490.027 of the Act is amended by adding the following after subsection (2):

(3) If the court makes a termination order, it shall cause the Attorney General of the province or the minister of justice of the territory to be notified of the decision.

26. Sections 490.028 and 490.029 of the Act are replaced by the following:

490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021 of this Act or section 227.08 of the National Defence Act, an application within that period for one order is deemed to be an application for both.

490.029 (1) The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under subsection 490.027(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection.

(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Attorney General of the province or the minister of justice of the territory in which the application for the order was made to be notified of the decision.

27. (1) Paragraphs 490.03(1)(a) and (b) of the Act are replaced by the following:

(a) to the prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 490.012; or

(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding for a termination order under subsection 490.016(1) or 490.027(1) or an exemption order under subsection 490.023(2), or for the purpose of an appeal from a decision made in a proceeding under any of those subsections or in a proceeding for an order under section 490.012.

(2) Subsections 490.03(2) to (4) of the Act are replaced by the following:

(2) If a person, in connection with a proceeding or an appeal other than one referred to in subsection (1), discloses the fact that information relating to them is registered in the database, the Commissioner shall, on request, disclose to the prosecutor or the Attorney General all of the information relating to the person that is registered in the database.

(3) The prosecutor or the Attorney General may, if the information is relevant to the proceeding, appeal or any subsequent appeal, disclose it to the presiding court.

28. (1) The portion of section 490.031 of the Act before paragraph (a) is replaced by the following:

490.031 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 of this Act or section 227.01 of the National Defence Act, or with an obligation under section 490.019 of this Act or section 227.06 of the National Defence Act, is guilty of an offence and liable

(2) Section 490.031 of the Act is amended by adding the following after subsection (1):

(2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse if, at the time, the person is subject to the Code of Service Discipline within the meaning of subsection 2(1) of the National Defence Act.

29. The Act is amended by adding the following after section 490.031:

490.0311 Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) of the Sex Offender Information Registration Act 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.

30. (1) The paragraph before section 1 of Form 52 in Part XXVIII of the French version of the Act is replaced by the following:

(2) Sections 1 and 2 of Form 52 in Part XXVIII of the Act are replaced by the following:

1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(1) of that Act.

2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies, for life).

(3) Section 5 of Form 52 in Part XXVIII of the Act is replaced by the following:

5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.

31. (1) The paragraph before section 1 of Form 53 in Part XXVIII of the Act is replaced by the following:

Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences 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, under ....... (insert the applicable offence provision(s)), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act.

(2) Sections 1 and 2 of Form 53 in Part XXVIII of the Act are replaced by the following:

1. You must report for the first time to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under subsection 4(2) of that Act.

2. You must subsequently report to the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act, whenever required under section 4.1 or 4.3 of that Act, for a period of ....... years after you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) or (d) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code.

(3) Section 5 of Form 53 in Part XXVIII of the Act is replaced by the following:

5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre referred to in section 7.1 of the Sex Offender Information Registration Act or, if applicable, the Canadian Forces Provost Marshal, to correct the information.

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

“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” 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” 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” 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” 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:

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:

(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:

(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):

(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:

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):

(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:

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:

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

(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:

(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:

(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:

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:

(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:

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:

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

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;

(c) the date on which the notice was served;

(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.

(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.

(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.

(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.

(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.

(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.

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;

(c) every offence to which the order relates;

(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.

(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;

(c) the date on which the notice was served;

(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.

(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.

(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.

(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.

(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.

(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.

(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:

(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:

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.

(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:

(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:

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.

(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:

(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.

(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 or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if

(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:

(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

(c) they compare the information in accordance with an authorization under section 13.

(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:

(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;

(c) unless the disclosure is to a member or an employee of, or a person retained by, a police service and is necessary

(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:

(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);

CRIMINAL RECORDS ACT

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

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

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.

(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.

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:

(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

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.