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Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)

Assented to 2010-12-15

2004, c. 10SEX OFFENDER INFORMATION REGISTRATION ACT

R.S., c. N-5NATIONAL DEFENCE ACT

  • 45. (1) Subsection 119.1(1) of the National Defence Act is replaced by the following:

    Marginal note:Failure to comply with order or obligation

    • 119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment.

  • (2) Section 119.1 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Proof of certain facts by certificate

      (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

    • Marginal note:Attendance and cross-examina­tion

      (4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination.

    • Marginal note:Notice of intention to produce

      (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it.

46. Paragraph (b) of the definition “primary designated offence” in section 196.11 of the Act is replaced by the following:

  • (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.01) of the definition “primary designated offence” in section 487.04 of the Criminal Code that is punishable under section 130.

  • 47. (1) Subsections 227.01(1) to (3) of the Act are replaced by the following:

    Marginal note:Order

    • 227.01 (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02.

    • Marginal note:Order — if intent established

      (2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition “designated offence” in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 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) or (c) of that definition.

    • Marginal note:Order — if previous offence established

      (3) When a court martial 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 finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 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 responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227 of this Act or in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code;

      • (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and

      • (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence.

    • Marginal note:Failure to make order

      (3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time,

      • (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so;

      • (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and

      • (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose.

  • (2) Subsections 227.01(5) and (6) of the Act are repealed.

48. Subsection 227.02(3) of the Act is replaced by the following:

  • Marginal note:Duration of order

    (2.1) An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition “designated offence” in section 227.

  • Marginal note:Duration of order

    (3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act.

  • 49. (1) Paragraph 227.03(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 227.02(2)(c) or subsection 227.02(2.1), (3) or (5).

  • (2) Subsection 227.03(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 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation.

50. Subsection 227.04(1) of the Act is replaced by the following:

Marginal note:Termination order

  • 227.04 (1) The court martial 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.

51. The heading before section 227.06 of the Act is replaced by the following:

Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008

  • 52. (1) Subsection 227.1(4) of the Act is replaced by the following:

    • Marginal note:Exemption order

      (4) The court martial 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 227.1(6) of the Act is replaced by the following:

    • Marginal note:Removal of information from database

      (6) If the court martial 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 notice.

  • 53. (1) Subsection 227.12(1) of the Act is replaced by the following:

    Marginal note:Application for termination order

    • 227.12 (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to

  • (2) Subsection 227.12(5) of the Act is replaced by the following:

    • Marginal note:Re-application

      (5) A person whose application is refused may apply again if five years have elapsed since they made the application. They may also apply again if they receive a pardon. However, they may not apply again if, after they made the application, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act or an order under section 227.01 of this Act or section 490.012 of the Criminal Code.

54. Subsection 227.13(1) of the Act is replaced by the following:

Marginal note:Termination order

  • 227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the 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.

55. Paragraph 227.15(1)(b) of the Act is replaced by the following:

  • (b) appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period;

  • 56. (1) The portion of subsection 227.18(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Disclosure

    • 227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine

  • (2) Paragraphs 227.18(1)(b) and (c) of the Act are replaced by the following:

    • (b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act;

    • (c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or

57. Subsection 227.19(1) of the Act is replaced by the following:

Marginal note:Disclosure

  • 227.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay.

58. Paragraph 230(g) of the Act is replaced by the following:

  • (g) the legality of a decision made under subsection 227.01(2).

59. Paragraph 230.1(h) of the Act is replaced by the following:

  • (h) the legality of a decision made under subsection 227.01(2).

60. Subsections 240.5(1) and (2) of the Act are replaced by the following:

Marginal note:Appeal against order or decision

  • 240.5 (1) On the hearing of an appeal respecting the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision.

  • Marginal note:Requirements relating to notice

    (2) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.01(2), it shall cause the requirements set out in section 227.05 to be fulfilled.

2004, c. 21INTERNATIONAL TRANSFER OF OFFENDERS ACT

61. Subsection 8(4) of the International Transfer of Offenders Act is replaced by the following:

  • Marginal note:Information about sentence and other obligations

    (4) The Minister

    • (a) shall inform a Canadian offender, in writing, as to how their foreign sentence is to be served in Canada and, in the case of an offender who is required to comply with the Sex Offender Information Registration Act,

      • (i) inform them, in writing, of that obligation and of sections 4 to 7.1 of that Act and sections 490.031 and 490.0311 of the Criminal Code, and

      • (ii) on the day of the transfer at the earliest, deliver a copy of Form 1 of the schedule to

        • (A) the offender,

        • (B) the Attorney General of the province, or the minister of justice of the territory, in which the person is to be detained in custody, and

        • (C) the person in charge of the place in which the person is to be detained in custody; and

    • (b) shall deliver to a foreign offender the information with which the Minister was provided by the foreign entity as to how their Canadian sentence is to be served.

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