Sex Offender Information Registration Act (S.C. 2004, c. 10)

Act current to 2016-04-12 and last amended on 2014-06-01. Previous Versions

Marginal note:Registration of information — obligations
  •  (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:

    • (a) their given name and surname;

    • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

    • (c) the date on which the notice was served;

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

    • (e) when and where the offence or offences were committed;

    • (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

    • (g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

    • (g.1) the person’s method of operation in relation to the offence or offences, if that information is available to the person who registers information;

    • (h) the expected duration of the obligation; and

    • (i) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act.

  • Marginal note:Registration of information — termination orders

    (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.

  • Marginal note:Registration of information — exemption orders

    (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.

  • Marginal note:Registration of information — exemption orders

    (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.

  • Marginal note:Registration of information

    (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

    • (a) the sex offender was prosecuted in that jurisdiction for the offence to which the sentence or detention relates; and

    • (b) the offence was not prosecuted under the National Defence Act.

  • Marginal note:Confidentiality and copy of information

    (6) A person who registers information under this section shall

    • (a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

    • (b) once the information is registered, on request, send the sex offender or the person served with a notice under section 490.021 of the Criminal Code a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

  • 2007, c. 5, s. 41;
  • 2010, c. 17, s. 39.
Marginal note:Registration of information — Canadian Forces
  •  (1) When the Canadian Forces Provost Marshal receives a copy of an order sent in accordance with subparagraph 227.05(1)(d)(iii) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who is subject to the order:

    • (a) their given name and surname;

    • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

    • (c) every offence to which the order relates;

    • (d) when and where the offence or offences were committed;

    • (e) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

    • (f) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

    • (f.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

    • (g) the date and duration of the order.

  • Marginal note:Registration of information — Canadian Forces

    (2) When the Canadian Forces Provost Marshal receives a copy of an affidavit of service and a notice sent in accordance with subsection 227.08(4) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database only the following information relating to the person who was served with the notice:

    • (a) their given name and surname;

    • (b) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists;

    • (c) the date on which the notice was served;

    • (d) every offence listed in the notice;

    • (e) when and where the offence or offences were committed;

    • (f) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences;

    • (g) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person;

    • (g.1) their method of operating in relation to the offence or offences, if that information is available to the person who registers information; and

    • (h) the expected duration of the person’s obligation under section 227.06 of the National Defence Act.

  • Marginal note:Registration of information — Canadian Forces

    (3) When the Canadian Forces Provost Marshal receives a notice referred to in subsection 227.04(3), 227.13(3) or 240.5(3) of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a termination order was made.

  • Marginal note:Registration of information — Canadian Forces

    (4) A person who registers information for the Canadian Forces Provost Marshal may register in the database the fact that a person has applied for an exemption order under section 227.1 of the National Defence Act.

  • Marginal note:Registration of information — Canadian Forces

    (5) When the Canadian Forces Provost Marshal receives a notice referred to in section 227.11 of the National Defence Act, a person who registers information for the Provost Marshal shall register without delay in the database the fact that a court martial refused to make an exemption order under subsection 227.1(4) of that Act or that the Court Martial Appeal Court dismissed an appeal from such a decision or quashed an exemption order.

  • Marginal note:Registration of information — Canadian Forces

    (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;

    • (b) the days on which they are or are expected to be outside the service prison or detention barrack as defined in subsection 2(1) of that Act and the address or location at which they stay or are expected to stay during that period; and

    • (c) the date of their release or discharge.

  • Marginal note:Registration of information — Canadian Forces

    (7) A person who registers information for the Canadian Forces Provost Marshal shall register without delay in the database

    • (a) the fact that a person is the subject of a determination under subsection 227.15(1) of the National Defence Act, the effect of the determination on the person, the date on which the suspension of the time limit, proceeding or obligation first applies and the date on which it ceases to apply;

    • (b) the fact that a person is the subject of a determination under subsection 227.16(1) of the National Defence Act and the date on which the determination was made; and

    • (c) the fact that a person has become, or has ceased to be, subject to a regulation made under paragraph 227.2(a) or (e) of the National Defence Act.

  • Marginal note:Confidentiality and copy of information

    (8) A person who registers information under this section shall

    • (a) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and

    • (b) once the information is registered under any of subsections (2) to (7), on request, send the sex offender or the person served with a notice under section 227.08 of the National Defence Act a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay.

  • 2007, c. 5, s. 41;
  • 2010, c. 17, s. 40;
  • 2013, c. 24, s. 130(F).
 
Date modified: