Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)
Full Document:
Assented to 2010-12-15
39. (1) The portion of subsection 8.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Registration of information — obligations
8.1 (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:
(2) Paragraph 8.1(1)(d) of the Act is replaced by the following:
(d) every offence listed in the notice or form;
(3) Subsection 8.1(1) of the Act is amended by adding the following after paragraph (g):
(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;
(4) Paragraph 8.1(1)(h) of the Act is replaced by the following:
(h) the expected duration of the obligation; and
(5) Subsections 8.1(2) to (4) of the Act are replaced by the following:
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.
(6) The portion of subsection 8.1(5) of the Act before paragraph (a) is replaced by the following:
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
40. (1) Subsection 8.2(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(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
(2) Subsection 8.2(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(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
(3) Subsection 8.2(6) of the Act is replaced by the following:
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.
41. Section 14 of the English version of the Act is replaced by the following:
Marginal note:Administration of database
14. The database is to be administered by the Royal Canadian Mounted Police.
42. (1) The portion of subsection 15(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Permanent removal and destruction of information
(3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act shall be destroyed and permanently removed from the database if
(2) Paragraph 15(3)(c) of the Act is replaced by the following:
(c) the person who is subject to the obligation is granted an exemption order under subsection 490.023(2) or 490.02905(2) of the Criminal Code or subsection 227.1(4) of the National Defence Act or on an appeal from a decision made under that subsection.
43. The Act is amended by adding the following after section 15:
AUTHORITY TO RELEASE INFORMATION
Marginal note:Correctional Service of Canada
15.1 (1) The Correctional Service of Canada may disclose to a person who registers information
(a) the day on which a sex offender is received into a penitentiary as defined in subsection 2(1) of the Corrections and Conditional Release Act;
(b) if a sex offender is expected to be temporarily outside penitentiary for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and
(c) the date of a sex offender’s release or discharge.
Marginal note:Provincial correctional authority
(2) The person in charge of a provincial correctional facility may disclose to a person who registers information
(a) the day on which a sex offender is received into the facility;
(b) if a sex offender is expected to be temporarily outside the facility for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and
(c) the date of a sex offender’s release or discharge.
Marginal note:Canadian Forces
(3) The person in charge of a service prison or detention barrack as defined in subsection 2(1) of the National Defence Act may disclose to a person who registers information
(a) the day on which a sex offender is received into the prison or barrack;
(b) if a sex offender is expected to be temporarily outside the prison or barrack for seven or more days, the days on which they are expected to be outside, the days on which they are outside, the address or location at which they are expected to stay and the address or location at which they stay; and
(c) the date of a sex offender’s release or discharge.
44. (1) Paragraphs 16(2)(a) to (c) of the Act are replaced by the following:
(a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of preventing or investigating a crime of a sexual nature or an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code;
(b) a person who collects information at a registration centre designated under this Act in the province in which a sex offender’s main residence is located who consults the information to verify compliance by the sex offender with an order or with 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;
(b.1) a person who collects information at a registration centre designated under the National Defence Act who consults the information to verify compliance by a sex offender who is subject to the Code of Service Discipline — or who is an officer, or non-commissioned member, of the primary reserve as defined in section 227 of the National Defence Act — with an order or with 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;
(c) a person who collects or registers information who consults the information in order to exercise the functions or perform the duties assigned to them under an Act of Parliament;
(2) Paragraph 16(2)(f) of the English version of the Act is replaced by the following:
(f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information for the purpose of administering the database and who does so for that purpose.
(3) Paragraphs 16(3)(a) and (b) of the Act are replaced by the following:
(a) the information was consulted in accordance with paragraph (2)(a) and they compare it with other information for the purpose of preventing or investigating a crime of a sexual nature;
(b) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they compare it with other information for the purpose of verifying compliance by the sex offender with an order or with 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 or for the purpose of preventing or investigating an offence under section 490.031, 490.0311 or 490.0312 of the Criminal Code — or an offence under any of those provisions that is punishable under section 130 of the National Defence Act — or an offence under section 119.1 of that Act; or
(4) Subsection 16(3.1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.1) the information was consulted in accordance with paragraph (2)(a) and they combine it with, or link it to, law enforcement information for the purpose of preventing or investigating a crime of a sexual nature;
(a.2) the information was consulted in accordance with paragraph (2)(b) or (b.1) and they combine it with, or link it to, law enforcement information for the purpose of verifying the sex offender’s compliance with an order or with 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 or for the purpose of preventing or investigating an offence under section 490.031 or 490.0311 of the Criminal Code, an offence under either of those provisions that is punishable under section 130 of the National Defence Act or an offence under section 119.1 of that Act; or
(5) Subparagraph 16(4)(c)(ii) of the Act is replaced by the following:
(ii) to enable them to prevent or investigate a crime of a sexual nature, an offence under section 119.1 of the National Defence Act, an offence under section 490.031 or 490.0311 of the Criminal Code or an offence under either of those provisions that is punishable under section 130 of the National Defence Act or to enable them to lay a charge for such an offence, or
(6) Subsection 16(4) of the Act is amended by striking out “or” at the end of paragraph (j) and by adding the following after that paragraph:
(j.1) unless the disclosure is to a member or an employee of, or a person retained by, a police service outside Canada and is necessary to assist them in the prevention or investigation of a crime of a sexual nature; or
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