This enactment amends the Criminal Code to allow a court to order that a sex offender who is likely to reoffend must comply with the reporting obligations under the Sex Offender Information Registration Act for 30 years. It also provides that a sex offender must complete a sex offender treatment program before applying for termination of the order.

The enactment also amends the Sex Offender Information Registration Act to increase the frequency with which a sex offender must report to a registration centre and to require an offender to report to a registration centre before moving to a new address. Finally, the enactment makes it an offence to fail to report to a registration centre as required.

Preamble

Whereas Parliament, in 2004, first recognized the importance of creating and maintaining a national database of information relating to convicted sex offenders in Canada and has made improvements to the database in the succeeding years;

Whereas the objective of the Sex Offender Information Registration Act, under which the national database was created, is to assist police services to investigate crimes of a sexual nature by providing them with access to current and reliable information relating to sex offenders;

Whereas the ongoing collection and registration of accurate information relating to an offender’s location is consistent with the principle that rapid access by police services to that information is in the interest of protecting society;

Whereas a deliberate failure to comply with residency reporting obligations is a serious public safety issue that merits prosecution;

Whereas registered sex offenders who are likely to reoffend pose an increased risk to public safety;

And whereas Parliament therefore considers that it is appropriate to allow for courts, in certain circumstances, to extend the period during which certain sex offenders must comply with the reporting obligations under the Sex Offender Information Registration Act;

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

Order

490.‍012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.‍1), (d), (d.‍1) 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, Insertion start subject to subsection (2.‍1) Insertion end , 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.

Order — if intent established

(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, Insertion start subject to subsection (2.‍1) Insertion end , 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), (d.‍1) or (e) of that definition.

Order — likelihood to reoffend

(2.‍1) Instead of making an order under subsection (1) or (2), a court may, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the reporting obligations under the Sex Offender Information Registration Act for the applicable period specified in subsection 490.‍013(4.‍1) if the prosecutor satisfies the court that the offender is likely to commit a subsequent designated offence, as defined in subsection 490.‍011(1), following sentencing.

Duration of order

(4.‍1) An order made under subsection 490.‍012(2.‍1) applies for 30 years.

Appeal

490.‍014 The prosecutor, or a person who is subject to an order under subsection 490.‍012(2) Insertion start or (2.‍1) Insertion end , 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.

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  (d) if 20 years have elapsed since the order was made and the person has completed a sex offender treatment program approved by the province under the supervision of the court, in the case of an order referred to in subsection 490.‍013(4.‍1).

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Purpose

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

Protection of the public

(3) In the case of an offender who is convicted of a sexual offence against a child or of aggravated assault under section 273 of the Criminal Code, the principle described in subparagraph (2)‍(c)‍(ii) is subject to the need to protect the public.

• (c) at any time between Insertion start six Insertion end months and Insertion start seven months Insertion end after they last reported to a registration centre under this Act.

Obligation to report before changing main residence

(1.‍1) A sex offender who intends to change their main residence shall report to the registration centre referred to in section 7.‍1 within seven days before the date of the change.

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  (c.‍1) if they intend to change their main residence, the address at which they intend to establish their new main residence, or if there is no such address, the location of that place, and the date on which it will become their main residence;

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Notice of intention to move

10.‍1 (1) A person who registers information collected at a registration centre under paragraph 5(1)‍(c.‍1) shall provide that information without delay to a person who collects information at the registration centre that serves the area of the province in which the new main residence is located.

Failure to report

(2) If a sex offender who indicated their intention to change their main residence fails to report to the registration centre that serves the area of the province in which the new main residence is located within seven days after the date that they provided under paragraph 5(1)‍(c.‍1), a person who collects information at that registration centre shall, without delay, notify the police service for the area in which the new main residence is located that the sex offender has failed to report.

Offence — failure to report

16.‍1 A sex offender who, without reasonable excuse, fails to comply with section 4.‍1 is guilty of an offence punishable on summary conviction.