Marginal note:Short title

1. This Act may be cited as the Sex Offender Information Registration Act.

Marginal note:Purpose

• 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.

• 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 prevention and 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 prevent or investigate crimes of a sexual nature, and

    • (ii) access to the information, and use and disclosure of it, be restricted.

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.

  “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.

  “information”

  « renseignements »

  “information” includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2).

  “main residence”

  « résidence principale »

  “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.

  “member of a police service”

  « membre d’un service de police »

  “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.

  “Ontario Act”

  « loi ontarienne »

  “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 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.

  “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 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.

• 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.