Bill C-34

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-34

An Act to amend the Criminal Code and other Acts

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

SHORT TITLE

1. This Act may be cited as the Protecting Victims From Sex Offenders Act.

CRIMINAL CODE

2. Subsection 173(2) of the Criminal Code is replaced by the following:

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years

(b) is guilty of an offence punishable on summary conviction.

3. (1) Subparagraph (a)(i) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18),

(2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xi):

(3) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xiii):

(4) Subparagraphs (a.1)(i.11) to (v.2) of the definition “primary designated offence” in section 487.04 of the Act are replaced by the following:

(iv) paragraphs 212(1)(a) to (h) (procuring),

(v) paragraph 212(1)(j) (procuring),

(5) Subparagraph (a.1)(vii) of the definition “primary designated offence” in section 487.04 of the Act is repealed.

(6) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i):

(7) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):

(8) Paragraph (c) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:

(9) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:

(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01);

(10) Subparagraphs (c)(i.4) to (iii) of the definition “secondary designated offence” in section 487.04 of the Act are replaced by the following:

(iii) subsection 173(1) (indecent acts),

4. (1) Paragraph (a) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vi):

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

(i.1) subsection 173(1) (indecent acts),

(3) Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (iii):

5. Section 490.012 of the Act is replaced by the following:

490.012 (1) When 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 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) When 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) When 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 this paragraph, 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) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;

(b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and

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

6. Subsection 490.013(3) of the Act is 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 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.

7. Section 490.014 of the Act is replaced by the following:

490.014 The prosecutor, or a person who is subject  to   an   order   under   subsection 490.012(2), may appeal from a decision of the court under that subsection 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 order or make an order that may be made under that subsection.

8. (1) Paragraph 490.015(1)(c) of the Act is replaced by the following:

(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(2.1), (3) or (5).

(2) Subsection 490.015(4) of the Act is replaced by the following:

(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 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

9. (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 an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or 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) Subsection 490.016(3) of the Act is replaced by the following:

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

10. Subsection 490.017(2) of the Act is replaced by the following:

(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and 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.

11. 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 — Convictions Before December 15, 2004

12. (1) Subsection 490.023(2) of the Act is replaced by the following:

(2) The court 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 prevention or 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) Subsection 490.023(4) of the Act is replaced by the following:

(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

13. Subsection 490.024(2) of the Act is replaced by the following:

(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.

14. Section 490.025 of the Act is 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 Commissioner of the Royal Canadian Mounted Police and 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.

15. (1) Subsection 490.026(1) of the Act is replaced by the following:

490.026 (1) A person who is subject to an obligation under section 490.019 may apply for a termination order unless they are also subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act — or an order under section 490.012 or under section 227.01 of the National Defence Act — that began later.

(2) Subsection 490.026(5) of the Act is replaced by the following:

(5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act or an order under section 490.012 or under section 227.01 of the National Defence Act.

16. (1) Subsection 490.027(1) 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 prevention or 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) Subsection 490.027(3) of the Act is replaced by the following:

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

17. Subsection 490.029(2) of the Act is replaced by the following:

(2) If the appeal court makes an order that may be made under subsection 490.027(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and 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. The Act is amended by adding the following after section 490.029:

19. Subsections 490.03(1) and (2) of the Act are replaced by the following:

490.03 (1) The Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall, on request, disclose information that is registered in the database or the fact that such information is registered in the database

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

(b) to the Attorney General if the disclosure is necessary for the purpose of a proceeding under subsection 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) or for the purpose of an appeal from a decision made in any of those proceedings or in a proceeding under subsection 490.012(2).

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

20. (1) Subsection 490.031(1) of the Act 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 or under section 227.01 of the National Defence Act or with an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act is guilty of an offence and liable

(a) 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

(b) 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.

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

21. Paragraphs 490.0311(a) and (b) of the Act are replaced by the following:

(a) 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

(b) 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.

22. The Act is amended by adding the following after section 490.0311:

23. Paragraph 490.032(a) of the Act is replaced by the following:

(a) requiring that additional information be contained in a notice under Form 53 or Form 54; and

24. Paragraph 553(c) of the Act is amended by adding the following after subparagraph (viii):

25. Form 52 in Part XXVIII of the Act is replaced by the following:

FORM 52

(Section 490.012)

ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT

Canada,

Province of ....................

(territorial division)

To A.B., of ................, (occupation), (address or address of court if no fixed address), (date of birth), (gender):

You have been convicted of or found not criminally responsible on account of mental disorder for (description of offence(s)) under (applicable designated offence provision(s) of the Criminal Code), a designated offence (or designated offences) within the meaning of subsection 490.011(1) of the Criminal Code.

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(2.1) to (5) of the Criminal Code applies, for life).

3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre.

4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act.

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.

6. You have the right to apply to a court to terminate this order, and the right to appeal the decision of that court.

7. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both.

8. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both.

Dated this ................ day of ................, at ................. .

...................................................................

(Signature of judge or clerk and name of court)

...........................................................

(Signature of person subject to order)

26. Part XXVIII of the Act is amended by adding the following after Form 53:

SEX OFFENDER INFORMATION REGISTRATION ACT

27. (1) Subsection 2(1) of the Sex Offender Information Registration Act is replaced by the following:

2. (1) The purpose of this Act is to help police services prevent and investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.

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

(a) in the interest of protecting society through the effective prevention and investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders;

(3) Subparagraph 2(2)(c)(i) of the Act is replaced by the following:

(i) the information be collected only to enable police services to prevent or investigate crimes of a sexual nature, and

28. The definition “sex offender” in subsection 3(1) of the Act is replaced by the following:

“sex offender” means a person who is subject to an order or to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

29. (1) The portion of subsection 4(1) of the Act before paragraph (b) 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 seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

(a) the order is made, if they are convicted of the offence in connection with which the order is made and

(i) they are not given a custodial sentence,

(2) The portion of subsection 4(2) of the Act before subparagraph (b)(i) is replaced by the following:

(2) A person who is subject to an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act shall report to a registration centre referred to in section 7.1

(a) if they are not in custody on the day on which they become subject to the obligation, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after that day; and

(b) in any other case, within seven days — or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days — after

30. Paragraphs 4.1(1)(a) and (b) of the Act are replaced by the following:

(a) within seven days after they change their main residence or any secondary residence or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change;

(b) within seven days after they change their given name or surname or, if they are required to report to a registration centre designated under the National Defence Act, within 15 days after the change; and

31. Section 4.2 of the Act is replaced by the following:

4.2 A person shall report on the reporting dates established under only the most recent order or obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

32. Subsection 4.3(1) of the Act is replaced by the following:

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

33. (1) Paragraph 5(1)(d) of the Act is replaced by the following:

(d) the address of every place at which they are employed or retained or are engaged on a volunteer basis — or, if there is no address, the location of that place — the name of their employer or the person who engages them on a volunteer basis or retains them and the type of work that they do there;

(2) 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 an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act.

34. Subsection 6(1) of the Act is replaced by the following:

6. (1) Subject to subsection (1.1), a sex offender shall notify a person who collects information at the registration centre referred to in section 7.1

(a) before their departure — of the estimated dates of their departure and return and of every address or location at which they expect to stay in Canada — if they expect not to be at their main residence or any of their secondary residences for a period of seven or more consecutive days;

35. (1) The portion of subsection 8.1(1) of the Act before paragraph (a) is replaced by the following:

8.1 (1) When the Attorney General of a province, or the minister of justice of a territory, receives a copy of an affidavit and a notice sent in accordance with subsection 490.021(6) or 490.02903(3) of the Criminal Code — or receives a copy of the Form 1 delivered under subparagraph 8(4)(a)(ii) of the International Transfer of Offenders Act — 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, as applicable, relating to the person named in the notice or Form 1, as the case may be:

(2) Paragraph 8.1(1)(d) of the Act is replaced by the following:

(d) every offence listed in the notice or form;

(3) Paragraph 8.1(1)(h) of the Act is replaced by the following:

(h) the expected duration of the obligation; and

(4) Subsections 8.1(2) to (4) of the Act are replaced by the following:

(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), 490.029(2), 490.02909(3), 490.0291(2), 490.02913(3) or 490.02914(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 or 490.02905 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 or 490.02907 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) or 490.02905(2) of that Act or that the appeal court dismissed an appeal from such a decision or quashed an exemption order.

(5) The portion of subsection 8.1(5) of the Act before paragraph (a) is replaced by the following:

(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 day on which the custodial portion of a sex offender’s sentence or detention in custody begins, the days on which they are or are expected to be outside penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act or outside the provincial correctional facility, the address or location at which they stay or are expected to stay during that period and the date of their release or discharge if

36. Subsection 8.2(6) of the Act is replaced by the following:

(6) If a sex offender was prosecuted under the National Defence Act for the offence to which the sentence or detention relates, a person who registers information for the Canadian Forces Provost Marshal may register in the database

(a) the day on which the custodial portion of the sex offender’s sentence or detention in custody begins;

(c) the date of their release or discharge.

37. Section 14 of the English version of the Act is replaced by the following:

14. The database is to be administered by the Royal Canadian Mounted Police.

38. (1) The portion of subsection 15(3) of the Act before paragraph (a) is replaced by the following:

(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 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if

(2) Paragraph 15(3)(c) of the Act is replaced by the following:

(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(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.

39. The Act is amended by adding the following after section 15:

40. (1) Paragraphs 16(2)(a) to (c) of the Act are replaced by the following:

(a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code;

(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 with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders 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 with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offend- ers Act;

(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 an Act of Parliament;

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

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

(3) Paragraphs 16(3)(a) and (b) of the Act are replaced by the following:

(a) the information was consulted in accordance with paragraph (2)(a) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature;

(b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying compliance by the sex offender with an order or with an obligation under section 490.019 or 490.02901 of the Criminal Code, section 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act; or

(4) Subsection 16(3.1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:

(5) Subparagraph 16(4)(c)(ii) of the Act is replaced by the following:

(ii) to enable them to prevent or investigate a crime 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 enable them to lay a charge for such an offence, or

(6) Subsection 16(4) of the Act is amended by striking out “or” at the end of paragraph (j) and by adding the following after that paragraph:

NATIONAL DEFENCE ACT

41. (1) Subsection 119.1(1) of the National Defence Act is replaced by the following:

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, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

(2) Section 119.1 of the Act is amended by adding the following after subsection (2):

42. Paragraph (b) of the definition “primary designated offence” in section 196.11 of the Act is replaced by the following:

(b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.01) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

43. (1) Subsections 227.01(1) to (3) of the Act are replaced by the following:

227.01 (1) When 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 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) When 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) When 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 this paragraph, 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 was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and

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

(2) Subsections 227.01(5) and (6) of the Act are repealed.

44. Subsection 227.02(3) of the Act is replaced by the following:

(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, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act.

45. (1) Paragraph 227.03(1)(c) of the Act is replaced by the following:

(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(2.1), (3) or (5).

(2) Subsection 227.03(4) of the Act is replaced by the following:

(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, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

46. Subsection 227.04(1) of the Act is replaced by the following:

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 an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or 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.

47. The heading before section 227.06 of the Act is replaced by the following:

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008

48. (1) Subsection 227.1(4) of the Act is replaced by the following:

(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 prevention or 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) Subsection 227.1(6) of the Act is replaced by the following:

(6) If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the notice.

49. (1) Subsection 227.12(1) of the Act is replaced by the following:

227.12 (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to

(b) an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later.

(2) Subsection 227.12(5) of the Act is replaced by the following:

(5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act or an order under section 227.01 of this Act or section 490.012 of the Criminal Code.

50. Subsection 227.13(1) of the Act is replaced by the following:

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 prevention or 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.

51. Paragraph 227.15(1)(b) of the Act is replaced by the following:

(b) appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period;

52. (1) The portion of subsection 227.18(1) of the Act before paragraph (a) is replaced by the following:

227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner 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

(2) Paragraphs 227.18(1)(b) and (c) of the Act are replaced by the following:

(b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) 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, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offend- ers Act;

(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, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or

53. Subsection 227.19(1) of the Act is replaced by the following:

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 or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay.

54. Paragraph 230(g) of the Act is replaced by the following:

(g) the legality of a decision made under subsection 227.01(2).

55. Paragraph 230.1(h) of the Act is replaced by the following:

(h) the legality of a decision made under subsection 227.01(2).

56. Subsections 240.5(1) and (2) of the Act are replaced by the following:

240.5 (1) On the hearing of an appeal respecting the legality of a decision made under subsection 227.01(2), 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 subsection 227.01(2), it shall cause the requirements set out in section 227.05 to be fulfilled.

INTERNATIONAL TRANSFER OF OFFENDERS ACT

57. Subsection 8(4) of the International Transfer of Offenders Act is replaced by the following:

(4) The Minister

(a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act,

(b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served.

58. The Act is amended by adding the following after section 36:

59. The Act is amended by adding, after section 43, the schedule set out in the schedule to this Act.

CONSEQUENTIAL AMENDMENT TO THE CRIMINAL RECORDS ACT

60. 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, 490.019 or 490.02901 of the Criminal Code, subsection 147.1(1) or section 227.01 or 227.06 of the National Defence Act or section 36.1 of the International Transfer of Offenders Act — or of a regulation made under an Act of Parliament.

COORDINATING AMENDMENTS

61. (1) Subsection (2) applies if Bill C-14, introduced in the 2nd session of the 40th Parliament and entitled An Act to amend the Criminal Code (organized crime and protection of justice system participants) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 16(2) of the other Act and subsection 3(2) of this Act are in force, subparagraph (a)(xi.1) of the definition “primary designated offence” in section 487.04 of the Criminal Code, as enacted by that subsection 3(2), is renumbered as subparagraph (a)(xi.3) and is repositioned accordingly if required.

COMING INTO FORCE

62. The provisions of this Act, other than section 61, come into force on a day or days to be fixed by order of the Governor in Council.