Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)
Full Document:
- HTMLFull Document: Protecting Victims From Sex Offenders Act (Accessibility Buttons available) |
- PDFFull Document: Protecting Victims From Sex Offenders Act [305 KB]
Assented to 2010-12-15
Protecting Victims From Sex Offenders Act
S.C. 2010, c. 17
Assented to 2010-12-15
An Act to amend the Criminal Code and other Acts
SUMMARY
This enactment amends the Criminal Code, the Sex Offender Information Registration Act and the National Defence Act to enhance police investigation of crimes of a sexual nature and allow police services to use the national database proactively to prevent crimes of a sexual nature.
It also amends the Criminal Code and the International Transfer of Offenders Act to require sex offenders arriving in Canada to comply with the Sex Offender Information Registration Act.
It also amends the Criminal Code to provide that sex offenders who are subject to a mandatory requirement to comply with the Sex Offender Information Registration Act are also subject to a mandatory requirement to provide a sample for forensic DNA analysis.
It also amends the National Defence Act to reflect the amendments to the Criminal Code relating to the registration of sex offenders.
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 Protecting Victims From Sex Offenders Act.
R.S., c. C-46CRIMINAL CODE
2. Subsection 173(2) of the Criminal Code is replaced by the following:
Marginal note:Exposure
(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
3. (1) Subparagraph (a)(i) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(i) subsection 7(4.1) (offence in relation to sexual offences against children),
(i.1) section 151 (sexual interference),
(i.2) section 152 (invitation to sexual touching),
(i.3) section 153 (sexual exploitation),
(i.4) section 153.1 (sexual exploitation of person with disability),
(i.5) section 155 (incest),
(i.6) subsection 160(2) (compelling the commission of bestiality),
(i.7) subsection 160(3) (bestiality in presence of or by a child),
(i.8) section 163.1 (child pornography),
(i.9) section 170 (parent or guardian procuring sexual activity),
(i.91) section 172.1 (luring a child by means of a computer system),
(i.92) subsection 173(2) (exposure),
(i.93) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse),
(i.94) subsection 212(2) (living on the avails of prostitution of a person under age of 18),
(i.95) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under age of 18),
(i.96) subsection 212(4) (obtaining prostitution of person under age of 18),
(2) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xi.2):
(xi.3) section 271 (sexual assault),
(3) Paragraph (a) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (xiii):
(xiii.1) subsection 273.3(2) (removal of a child from Canada),
(4) Subparagraphs (a.1)(i.11) to (v.2) of the definition “primary designated offence” in section 487.04 of the Act are replaced by the following:
(iv) paragraphs 212(1)(a) to (h) (procuring),
(v) paragraph 212(1)(j) (procuring),
(5) Subparagraph (a.1)(vii) of the definition “primary designated offence” in section 487.04 of the Act is repealed.
(6) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by adding the following after subparagraph (i):
(i.1) section 145 (attempt to commit rape),
(7) Paragraph (b) of the definition “primary designated offence” in section 487.04 of the Act is amended by striking out “and” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):
(vii) subsection 246(1) (assault with intent) if the intent is to commit an offence referred to in subparagraphs (i) to (vi),
(8) Paragraph (c) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988:
(i) subsection 146(1) (sexual intercourse with a female under age of 14),
(ii) subsection 146(2) (sexual intercourse with a female between ages of 14 and 16),
(iii) section 153 (sexual intercourse with step-daughter),
(iv) section 157 (gross indecency),
(v) section 166 (parent or guardian procuring defilement), and
(vi) section 167 (householder permitting defilement),
(c.01) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as enacted by section 19 of An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, chapter 125 of the Statutes of Canada, 1980-81-82-83:
(i) section 246.1 (sexual assault),
(ii) section 246.2 (sexual assault with a weapon, threats to a third party or causing bodily harm), and
(iii) section 246.3 (aggravated sexual assault),
(9) Paragraph (d) of the definition “primary designated offence” in section 487.04 of the Act is replaced by the following:
(d) an attempt to commit or, other than for the purposes of subsection 487.05(1), a conspiracy to commit an offence referred to in any of paragraphs (a) to (c.01);
(10) Subparagraphs (c)(i.4) to (iii) of the definition “secondary designated offence” in section 487.04 of the Act are replaced by the following:
(iii) subsection 173(1) (indecent acts),
4. (1) Paragraph (a) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (vi):
(vi.1) subsection 160(2) (compelling the commission of bestiality),
(2) Subparagraph (b)(i) of the definition “designated offence” in subsection 490.011(1) of the Act is replaced by the following:
(i) section 162 (voyeurism),
(i.1) subsection 173(1) (indecent acts),
(3) Paragraph (b) of the definition “designated offence” in subsection 490.011(1) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) section 231 (murder),
5. Section 490.012 of the Act is replaced by the following:
Marginal note:Order
490.012 (1) When a court imposes a sentence on a person for an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013.
Marginal note:Order — if intent established
(2) When a court imposes a sentence on a person for an offence referred to in paragraph (b) or (f) of the definition “designated offence” in subsection 490.011(1), it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of that definition.
Marginal note:Order — if previous offence established
(3) When a court imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or renders a verdict of not criminally responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in Form 52 requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.013 if the prosecutor establishes that
(a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) or in paragraph (a) or (c) of the definition “designated offence” in section 227 of the National Defence Act;
(b) the person was not served with a notice under section 490.021 or 490.02903 or under section 227.08 of the National Defence Act in connection with that offence; and
(c) no order was made under subsection (1) or under subsection 227.01(1) of the National Defence Act in connection with that offence.
Marginal note:Failure to make order
(4) If the court does not consider the matter under subsection (1) or (3) at that time, the court
(a) shall, within 90 days after the day on which it imposes the sentence or renders the verdict, set a date for a hearing to do so;
(b) retains jurisdiction over the matter; and
(c) may require the person to appear by closed-circuit television or any other means that allows the court and the person to engage in simultaneous visual and oral communication, as long as the person is given the opportunity to communicate privately with counsel if they are represented by counsel.
6. Subsection 490.013(3) of the Act is replaced by the following:
Marginal note:Duration of order
(2.1) An order made under subsection 490.012(1) applies for life if the person is convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1).
Marginal note:Duration of order
(3) An order made under subsection 490.012(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act.
7. Section 490.014 of the Act is replaced by the following:
Marginal note:Appeal
490.014 The prosecutor, or a person who is subject to an order under subsection 490.012(2), may appeal from a decision of the court under that subsection on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that subsection.
8. (1) Paragraph 490.015(1)(c) of the Act is replaced by the following:
(c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 490.013(2)(c) or subsection 490.013(2.1), (3) or (5).
(2) Subsection 490.015(4) of the Act is replaced by the following:
Marginal note:Scope of application
(4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 490.019 or 490.02901, under section 227.06 of the National Defence Act or under section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.
9. (1) Subsection 490.016(1) of the Act is replaced by the following:
Marginal note:Termination order
490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
(2) Subsection 490.016(3) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(3) If the court makes a termination order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, to be notified of the decision.
10. Subsection 490.017(2) of the Act is replaced by the following:
Marginal note:Requirements relating to notice
(2) If the appeal court makes an order that may be made under subsection 490.016(1), it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision.
11. Paragraph 490.018(1)(d) of the Act is amended by striking out “and” at the end of subparagraph (ii), by adding “and’’ at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) the Commissioner of the Royal Canadian Mounted Police.
12. The heading before section 490.019 of the Act is replaced by the following:
Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before December 15, 2004
13. (1) Subsection 490.023(2) of the Act is replaced by the following:
Marginal note:Exemption order
(2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act.
(2) Subsection 490.023(4) of the Act is replaced by the following:
Marginal note:Removal of information from database
(4) If the court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
14. Subsection 490.024(2) of the Act is replaced by the following:
Marginal note:Removal of information from database
(2) If the appeal court makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the database all information that relates to the person that was registered in the database on receipt of the copy of the notice.
15. Section 490.025 of the Act is replaced by the following:
Marginal note:Requirements relating to notice
490.025 If a court refuses to make an exemption order or an appeal court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Commissioner of the Royal Canadian Mounted Police and the Attorney General of the province, or the minister of justice of the territory, in which the application for the order was made to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, sections 490.031 and 490.0311 of this Act and section 119.1 of the National Defence Act.
Page Details
- Date modified: