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An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act (S.C. 2007, c. 5)

Assented to 2007-03-29

Marginal note:2004, c. 10, s. 21
  •  (1) The paragraph before section 1 of Form 52 in Part XXVIII of the French version of the Act is replaced by the following:

    Vous avez été déclaré coupable d’avoir ............... (décrire chaque infraction), infraction(s) désignée(s) au sens du paragraphe 490.011(1) du Code criminel, en violation de ............. (citer la disposition du Code criminel relative à chaque infraction désignée) ou un verdict de non-responsabilité a été rendu à votre égard.

  • Marginal note:2004, c. 10, s. 21

    (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).

  • Marginal note:2004, c. 10, s. 21

    (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.

Marginal note:2004, c. 10, s. 21
  •  (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.

  • Marginal note:2004, c. 10, s. 21

    (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.

  • Marginal note:2004, c. 10, s. 21

    (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.

2004, c. 10SEX OFFENDER INFORMATION REGISTRATION ACT

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

    “order”

    « ordonnance »

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

    “person who collects information”

    « préposé à la collecte »

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

    “person who registers information”

    « préposé à l’enregistrement »

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

    “registration centre”

    « bureau d’inscription »

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

    “sex offender”

    « délinquant sexuel »

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

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

    “finding of not criminally responsible on account of mental disorder”

    « verdict de non-responsabilité »

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

  •  (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:

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

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

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

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

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

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

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

    • Marginal note:First obligation to report

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

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

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

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

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

    • Marginal note:Means of reporting

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

 

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