Protecting Victims From Sex Offenders Act (S.C. 2010, c. 17)
Full Document:
Assented to 2010-12-15
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.
62. The Act is amended by adding the following after section 36:
SEX OFFENDER INFORMATION REGISTRATION ACT
Marginal note:Obligation
36.1 If the criminal offence identified under section 15 or 36.3 is one referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code, the person is required to comply with the Sex Offender Information Registration Act.
Marginal note:When obligation begins
36.2 (1) The obligation begins on the day of the person’s transfer.
Marginal note:Duration of obligation
(2) The obligation
(a) ends 10 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is two or five years;
(b) ends 20 years after the day on which the sentence was imposed or the person was found not criminally responsible on account of mental disorder if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is 10 or 14 years; and
(c) applies for life if the maximum term of imprisonment provided for in Canadian law for the equivalent criminal offence is life.
Marginal note:Duration — if more than one offence
(3) The obligation applies for life if the person was convicted of or found not criminally responsible on account of mental disorder for more than one offence in respect of which the equivalent criminal offence is an offence referred to in paragraph (a), (c), (c.1), (d) or (e) of the definition “designated offence” in subsection 490.011(1) of the Criminal Code.
Marginal note:Duration — if previous obligation
(4) The obligation applies for life if the person is, or was at any time, subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or section 227.06 of the National Defence Act.
Marginal note:Duration — if previous order
(5) The obligation applies for life if the person is, or was at any time, subject to an order made previously under section 490.012 of the Criminal Code or section 227.01 of the National Defence Act.
Marginal note:Duration — if previous offence
(6) The obligation applies for life if
(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) of the Criminal Code 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 of the Criminal Code or section 227.08 of the National Defence Act in connection with that offence; and
(c) no order was made under subsection 490.012(1) of the Criminal Code or subsection 227.01(1) of the National Defence Act in connection with that offence.
Marginal note:Not criminally responsible — equivalent offence
36.3 (1) If a request is made to transfer a person in respect of whom a verdict of not criminally responsible on account of mental disorder was rendered for an offence that consists of one or more acts that are sexual in nature, the Minister shall identify the criminal offence that, at the time the Minister receives the request, is equivalent to that offence.
Marginal note:Not criminally responsible — delivery of Form 1
(2) If the person is required to comply with the Sex Offender Information Registration Act, the Minister shall deliver a copy of Form 1 of the schedule to the Review Board of the province to which the person is transferred.
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