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)
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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.
OBLIGATIONS OF SEX OFFENDERS
Marginal note:First obligation to report
4. (1) A sex offender shall report, for the first time under this Act, in person to the registration centre that serves the area in which their main residence is located.
Marginal note:Reporting date
(2) A person who is subject to an order shall report within 15 days after
(a) the order is made, if they are convicted of the offence in connection with which the order is made but are not given a custodial sentence;
(b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made;
(c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or
(d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made.
Marginal note:Reporting date
(3) A person who is subject to an obligation under section 490.019 of the Criminal Code shall report,
(a) if they are not in custody on the day on which they become subject to the obligation, within 15 days after that day; or
(b) in any other case, within 15 days after
(i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code,
(ii) they are released from custody pending the determination of an appeal, or
(iii) they are released from custody after serving the custodial portion of a sentence.
Marginal note:Compliance before leaving Canada
(4) A sex offender shall not leave Canada before they report under this section.
Marginal note:Subsequent obligation to report
4.1 A sex offender shall subsequently report to the registration centre that serves the area in which their main residence is located in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1),
(a) within 15 days after they change their main residence or any secondary residence;
(b) within 15 days after they change their given name or surname; and
(c) at any time between 11 months and one year after they last reported to a registration centre under this Act.
Marginal note:Obligation and order
4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code becomes subject to an order, they shall report on the reporting dates established under the order only.
Marginal note:More than one order
(2) A person who is subject to more than one order shall report on the reporting dates established under the most recent order only.
Marginal note:Compliance if temporarily outside Canada
4.3 A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than 15 days after they return to Canada.
Marginal note:Obligation to provide information
5. (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre:
(a) their given name and surname, and every alias that they use;
(b) their date of birth and gender;
(c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place;
(d) the address of every place at which they are employed or retained, or are engaged on a volunteer basis or, if there is no such address, the location of that place;
(e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place;
(f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession; and
(g) their height and weight and a description of every physical distinguishing mark that they have.
Marginal note:Additional information
(2) When a sex offender provides the information referred to in subsection (1), the person who collects the information may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code, a designated offence within the meaning of subsection 490.011(1) of that Act.
Marginal note:Additional information
(3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair colour, and may require that their photograph be taken.
Marginal note:Notice about absence
6. (1) A sex offender shall notify a person who collects information at the registration centre that serves the area in which their main residence is located
(a) of every address or location at which they stay or intend to stay, and of their actual or estimated dates of departure from, and return to, their main residence or a secondary residence, not later than 15 days after departure if they are in Canada but are absent from their main residence and every secondary residence for a period of at least 15 consecutive days;
(b) of their actual or estimated date of departure from their main residence or a secondary residence, not later than 15 days after departure if they are outside Canada for a period of at least 15 consecutive days; and
(c) of their actual return to their main residence or a secondary residence after a departure referred to in paragraph (a) or (b), not later than 15 days after they return, unless they are required to report under section 4.1 or 4.3 within that period.
Marginal note:Means of notification
(2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), but a sex offender may not be required to provide notification in person.
Marginal note:Young sex offender
7. A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected.
RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION
Marginal note:Registration of information
8. (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018(1)(d)(iii) of the Criminal Code, a person who registers information for the police service shall
(a) register without delay in the database only the name of the police service and the following information relating to the person who is subject to the order:
(i) their given name and surname,
(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,
(iii) every offence to which the order relates,
(iv) when and where the offence or offences were committed,
(v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,
(vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,
(vii) the date and duration of the order, and
(viii) the court that made the order; and
(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
Marginal note:Registration of information
(2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code, the Attorney General or minister of justice shall
(a) register without delay in the database only the following information relating to the person who was served with the notice:
(i) their given name and surname,
(ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists,
(iii) the date on which the notice was served,
(iv) every offence referred to in the notice,
(v) when and where the offence or offences were committed,
(vi) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences,
(vii) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person,
(viii) the expected duration of the person’s obligation under section 490.019 of the Criminal Code, and
(ix) 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;
(b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and
(c) send the person 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.
Marginal note:Information to be given to sex offender
9. (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of
(a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and
(b) the purpose for which the information is being collected.
Marginal note:Fingerprints
(2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity.
Marginal note:Destruction of fingerprints
(3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay.
Marginal note:Privacy and confidentiality
(4) The person who collects information shall ensure that
(a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and
(b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality.
Marginal note:Registration of information
10. A person who registers information collected at a registration centre
(a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c), register without delay, in the database, only the information collected under sections 5 and 6;
(b) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and
(c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality.
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