An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts (S.C. 2004, c. 10)
Full Document:
- HTMLFull Document: An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts |
- PDFFull Document: An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts [207 KB]
Assented to 2004-04-01
An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
S.C. 2004, c. 10
Assented to 2004-04-01
An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts
SUMMARY
The enactment requires that certain information about sex offenders be registered in a national database. This database is part of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police. It is intended to serve as a tool that will help police investigate crimes of a sexual nature by providing them with access to current and reliable information relating to sex offenders.
The enactment amends the Criminal Code to enable the Crown to apply for an order to require an offender who is convicted of, or found not criminally responsible on account of a mental disorder for, certain offences to report regularly to a designated registration centre and provide information. It creates a new Criminal Code offence for failure to comply with the order, as well as an offence for providing false or misleading information.
The enactment regulates access to, and the use and disclosure of, the information contained in the database and includes an offence for contravention of those provisions.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Sex Offender Information Registration Act.
PURPOSE AND PRINCIPLES
Marginal note:Purpose
2. (1) The purpose of this Act is to help police services investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders.
Marginal note:Principles
(2) This Act shall be carried out in recognition of, and in accordance with, the following principles:
(a) in the interest of protecting society through the effective investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders;
(b) the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and
(c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as law-abiding citizens require that
(i) the information be collected only to enable police services to investigate crimes that there are reasonable grounds to suspect are of a sexual nature, and
(ii) access to the information, and use and disclosure of it, be restricted.
INTERPRETATION
Marginal note:Definitions
3. (1) The following definitions apply in this Act.
“database”
« banque de données »
“database” means the database that contains the information that is registered under this Act.
“information”
« renseignement »
“information” includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2).
« résidence principale »
“main residence”
“main residence” means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often.
« membre d’un service de police »
“member of a police service”
“member of a police service” includes
(a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and
(b) in an area in which an aboriginal police service is responsible for policing, a member of that police service.
« loi ontarienne »
“Ontario Act”
“Ontario Act” has the same meaning as in subsection 490.011(1) of the Criminal Code.
“.order”
« ordonnance »
“.order” means an order under section 490.012 of the Criminal Code
“person who collects information”
« préposé à la collecte »
“person who collects information” means a person who is authorized under paragraph 18(1)(b) or subsection 19(1) to collect information.
“person who registers information”
« préposé à l’enregistrement »
“person who registers information” means a person who is authorized under paragraph 18(1)(c) or subsection 19(1) to register information.
“registration centre”
« bureau d’inscription »
“registration centre” means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1).
“retained”
« agent contractuel »
“retained” means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services.
“secondary residence”
« résidence secondaire »
“secondary residence” means a place in Canada, other than a main residence, where a person regularly lives.
“sex offender”
« délinquant sexuel »
“sex offender” means a person who is subject to one or more orders or to an obligation under section 490.019 of the Criminal Code
Marginal note:Interpretation
(2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that
(a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and
(b) constitute an offence.
- Date modified:
